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coa.lu.ec.805 South Ave.0087.2005
--305 South Ave Reconf Lot Lines Z73707335001/002 Case 0087.2005.ASLU i cl N L 0 2 Z Mcu W L i fC fi7 �l � l I w cn 0 U N 1 J ♦+ cu C City of Aspen Community Development Dept. CASE NUMBER 0087.2005.ASLU PARCEL ID NUMBER 2737-07-3-35-002 PROJECT ADDRESS 805 SOUTH AVE PLANNER JENNIFER PHELAN CASE DESCRIPTION EXISTING SF RESIDENCE - RECONFIGURE LOT LINES & RE -ALL REPRESENTATIVE ZONE 4 ARCHITECTS 544-3541 DATE OF FINAL ACTION 1/18/2006 12:( CLOSED BY Denise Driscoll m: Cooper Street Specials Announcer 925-7101 To: Pitkin County Community Dev. Date: 1/10/06 Time: 6:28:42 PM Page 1 of 1 ;CSIMILE COVER PAGI M:■m Pitkin County Community Dev. From : Cooper Street Specials Announcer �Int : 1/10/06 at 3:29:10 PM Pages : 1 (including Cover) Subject : $6.50 LUNCH SPECIALS AT COOPER STREET COOPER STREET This week's $6.50 Lunch Specials: Wednesday: SPAGHETTI with Meat Sauce and a Salad Thursday: TACO THURSDAY - 3 Beef Tacos with a Salad Friday: BEEF STROGANOFF with Pasta & Garlic Bread Everyday: Hamburger and Fries with a Draft Coors or a Beverage Every Tuesday: NY SYEAK Center Cut Print out this fax, bring it in to Cooper Street this week (1/11 - 1/13) and receive $1.00 off your lunch special. Watch the NFL Playoffs in High Definition on our Plasma TVs this weekend at Cooper Street. Coors Pitchers as always only $7.75. Open 7 days: 11 am - 2 am 508 East Cooper Ave., Aspen 925-7758 Should you wish to be removed from future fax communications, please call Cooper Street. File Edit Record Navigate Fgrm Reports Format Tab Help �orrdtioru { SubPeerrrits 'Jaluatron Pudic Comment Customer Request { Attachmerk Moan ! RoL&ig Status 1 Arch 1 ng Parcels { Custom Fields ' Fee; I Fee Summary I Actions � Routing History [Pettrat type last xperr Land We 2'004 Permit # 0087.2005ASLU Address fW5 SOUTH AVE Apt/St.#e City ASPEN State CO Zip 81611 Permit Information Master Permit „� Aouting Queue,.______._ Applied 11/()8/2005 Project F--__.__ _ T Status !pending Approved I DescriptionEXISTING SF RESIDENCE • RECONFIGURE LOT LINES E RE -ALLOCATE SQ Issued F IFOOTAGE Final g-- Submitted NE 4ARC4ITECTS 544-3541 Clock Ruining Days 1 0 Expires f11ro3/2o� - Visble on the web? Permit ID: I 36290 Owner _ Last Name ICENTURION PARTNERS. First Name I 660 NEWOPPORT BEACH DR� SUITE 500 Phone (949) 250-8800 INEWPORT BEACH CA 92660 Owner Is Applicant? Applicant Lau PJame CENTURION PARTNERS =J Fist Name lV FTG ST Phone (970) 544.8336 Cust # 26513 O 81611 _......... _. __ Unit Serial No: 905984 Version: 02.49 Network Address: 00:40:af:6e:98:00 Network Topology: Ethernet Connector: RJ45 Network Speed: 100 Megabits Novell Network Information enabled Print Server Name: RDP 905984 Password Defined: No Preferred Server Name not defined Directory Services Context not defined Frame Type: 802.2 On 802.3 Peer -to -Peer Information Frame Type: 802.2 On 802.3 Network ID: 0 h TCP/IP Network Information Frame Type: Ethernet II Subnet Mask: 255.255.255.128 enabled enabled Protocol Address: 205.170.53.104 Default Gateway: 205.170.53.126 AppleTalk Network Information enabled Frame Type: 802.2 SNAP On 802.3 Protocol Address: Net Number 65384 Node Number 224 Socket Number 129 Preferred AppleTalk Zone: Default Zone ------------------------------------------------------------------------------ Novell inactive Peer -to -Peer Connection Information Printer Name: RDP 905984 AppleTalk Connection Information AppleTalk Printer Name: RDP 905984 TCP/IP Connection Information Port Number : 10001 5233''' Page: 2 12 II� 1111 04/25/20-- 0'L:34F JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 D 0.00 FIRST AMENDED SUBDIVISION IMPROVEMENTS AGREEMENT FOR SOUTH & GIBSON SUBDIVISION THIS FIRST AMENDED SUBDIVISION IMPROVEMENTS AGREEMENT (the "FIRST Amended SIA") is made and entered into as of the day of , 2006, by and between CENTURION PARTNERS GS, LLC, a Delaware limited liability company ("Owner"), and THE CITY OF ASPEN, COLORADO, a municipal corporation ("City"). RECITALS: WHEREAS, Owner is the owner of Lots 1 and 2, South & Gibson Subdivision, according to the Final Plat thereof recorded February 7, 2005 in Plat Book 72 at Page 12 as Reception No. 506797 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Property"), which Subdivision was approved with conditions by City Council Ordinance No. 16 (Series of 2004); and WHEREAS, Owner and City entered into a Subdivision Improvements Agreement for South & Gibson Subdivision recorded February 7, 2005 as Reception No. 506796 in said records (the "Original SIA"); and WHEREAS, by Ordinance No. 52 (Series of 2005) recorded January 25, 2006 as Reception No. 520208 in said records, the City Council approved with conditions a First Amended Plat of South & Gibson Subdivision entitled, "The Second Amended Plat —South & Gibson Subdivision"; and WHEREAS, a correction to the title of Ordinance No.52 (Series 2005) was subsequently approved, which amended the title of the plat to, "First Amended Plat - South & Gibson Subdivision." Said First Amended Plat was recorded 2006 as Reception No. in said records (the "First Amended Plat"); and WHEREAS, under Ordinance No. 52 (Series of 2005) and the First Amended Plat, the Property is divided into two (2) Lots for the development of up to three (3) primary dwelling units on the Property. Lot 1 contains approximately 12,151 square feet, and may be developed with either one (1) single-family residence, one (1) duplex, or two (2) detached single-family residences, together with customary accessory uses. Lot 2 contains approximately 9,787 square feet, and may be developed with one detached single-family residence and customary accessory uses. The development of the Property pursuant to Ordinance No. 52 (Series of 2005), Ordinance No. 16 (Series of 2004), and the First Amended Plat, is hereinafter referred to as the "Project"; and WHEREAS, Owner and City desire to enter into this First Amended SIA for the Project in order to consolidate in one instrument the conditions to approval of the Project set forth in Ordinance No. 52 (Series of 2005) and the surviving conditions to approval set forth in Ordinance No. 16 (Series of 2004), with the intention and understanding that this First Amended SIA shall supersede and replace in its entirety 5233 Page: 3 12 04/25/2006 02:34F JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 D 0.00 the Original SIA, and that from and after the execution and recording of this First Amended SIA, the Original SIA shall be deemed fully and forever terminated, vacated, and of no further force or effect. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and the approval, execution and acceptance of the First Amended Plat for recordation by the City, the parties agrees as follows: 1. Dimensional Requirements. As set forth in Condition 3, Section 1 of Ordinance No. 16 (Series of 2004), the existing house on the Property need not be demolished to accommodate the newly created lot boundaries depicted on the First Amended Plat, and the encroachments into the yard setbacks may continue to exist for the life of the original structure only. Upon demolition of the existing structure, the residences to be developed on the Lots shall meet the R-6 Zone District's dimensional requirements and shall comply with the City of Aspen residential design standards, unless variances are duly obtained. Following demolition of the existing structure, Owner shall have a survey pin set at the property corner on the common boundary between the lots which is marked on the First Amended Plat, "Pin To Be Set." 2. Sidewalk Agreement. Owner agrees to fund the construction of a sidewalk along the entire South Avenue frontage on Lot 1, South & Gibson Subdivision, at such time as the City decides to undertake such construction, in accordance with the following procedure. Upon completion of construction of such sidewalk by City, City shall deliver to Owner a description of the work performed and an invoice for City's out-of-pocket cost of performing the work, and Owner shall reimburse City for the entire cost of the invoice no later than 60 days following receipt thereof. If the invoice is not paid in a timely manner, the delinquent portion of the invoice shall bear interest at 12% per annum from the date of the invoice until it is paid in full, the City shall have a lien upon Lot 1, South & Gibson Subdivision, until the invoice is paid in full including accrued interest, and the City shall be entitled to collect from Owner all costs of collection including reasonable attorney's fees. 3. Non -Exclusive Common Easement. The First Amended Plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single "non-exclusive common easement" may be platted with appropriate plat notes. A plat note shall provide that no structures or trees can be placed in the easement without the permission of the City Engineer and applicable utilities. (a) Common Driveway Easement. A common driveway shall be required for access to the lots and only one (1) curb cut shall be allowed. The Owner shall take access from Gibson Avenue; however, the driveway cut shall be located as far as practical from the South Avenue and Gibson Avenue intersection. The driveway shall be constructed to allow cars to turnaround on -site and avoid backing onto the street. A construction access plan shall be submitted to the City Engineer along with the first building permit application for the Property. A common access easement for all dwelling units within the subdivision shall be recorded with the County Clerk and Recorder prior to issuance of a building permit for the last residence to be constructed 2 on the Property. Prior to recordation of the easement, the easement shall be reviewed and approved by the Community Development Engineer and City Engineer. 4. Sidewalk, Curb and Gutter Design. Prior to recording the First Amended Plat, Owner shall submit to the City Engineer a design of the proposed sidewalk and curb/gutter, which design will allow the accurate depiction of the Non -Exclusive Common Easement on the First Amended Plat. The curb location along Gibson Avenue will be dictated by the need for a 24-foot minimum street width. The design shall include a site plan with adequate contours and spot elevations to demonstrate the gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of regarding of Gibson Avenue. 5. Development Requirements. The following development requirements will be satisfied by Owner pursuant to Ordinance No. 52 (Series of 2005) and Ordinance No. 16 (Series of 2004), to wit: (a) Building Permit Application Requirements: The building permit application shall include the following: (i) Copies of Ordinance No. 52 (Series of 2005) and Ordinance No. 16 (Series of 2004). (ii) The conditions of approval printed on the cover page of the building permit set of plans. (iii) A completed tap permit for service with the Aspen Consolidated Sanitation District. (iv) A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on - site during and after construction. If a ground recharge system is required, a soil percolation report shall be provided in order to correctly size the facility. A 5- year storm frequency should be used in designing any drainage improvements. (v) A construction management plan, and a drainage and soils report, pursuant to the requirements of the Building Department. The construction management plan shall be consistent with the City Construction Management Plan Guidelines, shall include provisions for off-street construction parking, and shall include an identification of construction hauling routes for review and approval by the City Engineer and the Streets Department Superintendent. (vi) A detailed excavation stabilization plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. (vii) Accessibility and ADA compliance to all units shall be addressed to satisfactorily meet building code requirements. 523321 Page: 4 of 12 04/25/2006 e2 34F JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 0 0.00 (viii) Sidewalk ramps must be compliant with the most recent edition of ADA standards (minimum length of ramp and landing platform must be 10'-6" in length from face of curb). (ix) Payment of Park Dedication Fees for any additional bedrooms beyond those that currently exist on the site, as determined by the City Zoning Officer. Documentation of the number of bedrooms in the existing house must be submitted to the City Zoning Officer for review if a credit is to be used `" against any required payment. N N N o m m (x) Payment of cash in lieu of School Land Dedication Fees, 00 � o based on the formula in effect at the time of building permit application. m W N LO a 11 m m (xi) Mitigation shall be required in accordance with Section �® 26.470.040.B.1., Detached single-family or duplex dwelling units, of the City of Aspen Land Use Code. If the Owner proposes to construct an accessory dwelling mm�o 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 Lot. Documentation of the floor area of the Z existing house must be submitted to the City Zoning Officer for review if a credit is to be used against any required payment of cash -in -lien of an ADU. _ a (xii) An approved tree permit required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Uj (xiii) An outdoor lighting plan shall be submitted for each residence. (xiv) All tap fees, impact fees, and building permit fees shall be paid. (xv) The private well for the existing house must be abandoned and a new municipal water service installed. (b) Sanitation District Requirements. Owner shall comply with Aspen Consolidated Sanitation District (ACSD) rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On -site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. If the existing 4" CIP/VCP service line for this Property will be used to service the single family residence on Lot 2, the existing sewer service should be televised to determine its condition. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or rights -of -way. Landscaping plans will require approval of ACSD where soft and hard landscaping may impact public right-of-way or easements to be dedicated to the District. All ACSD fees must be paid prior to the issuance of a building permit. The glycol heating and snow 4 5233;' J Page: 6 2 JANICE K I OS AUDILL PITKIN COUNTY CO R 61 .00 4/25D22.34E 0.00 melt system must be designed to prohibit any discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil nails are now allowed in the public right-of-way above or in close proximity below ACSD main sewer lines. (c) Water Department Requirements. Owner shall comply with City of Aspen Water System Standards, with Title 25, and with the 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. (d) Fire Mitigation. Owner shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal in any residential building that contains more than 5,000 gross square feet of floor area. (e) Electrical Department Requirements. If a new supplemental transformer is required to be installed on the Property, the Owner shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. If a supplemental transformer is installed, the Owner shall dedicate an easement to allow for City Utility Personnel to access the transformer for maintenance purposes. If such easement is required after the Amended Plat is recorded, the Community Development Director shall review and approve the easement on the condominium plat. (f) Parks. The Parks Department will require separate landscape and tree protection reviews and separate tree permits for each new Lot when the Lot comes forward for a building permit. Provision should be made for the protection of significant vegetation located on the Lots. A tree permit will be required before any demolition or other significant changes to the Property take place. The tree permit will cover demolition, excavation, and trimming. Coordination between the contractor, the City Parks Department and the City Engineering Department is critical for the design and construction of sidewalks along both sides of the Lots. Planting in the public right- of-way will be subject to Landscaping in the Right -of -Way requirements. Improvements to the right-of-way should include new grass and irrigation. The Parks Department is also concerned about the utility connections that will be made for the new development on the Lots. These connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. (g) Encroachments and Work in Public Rights -of -Way. To the extent any exist, Owner shall either remove encroachments into the public rights -of -way or be subject to current encroachment license requirements, as required by the City of Aspen Engineering Department. For proposed work in public rights -of -way, Owner must receive approval from: (i) The City Engineer for design of improvements, including landscaping. (ii) The Parks Department for vegetation species, tree removal, and/or public trail disturbances. 5 52332 04/25/2006 02:349 JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 D 0.00 (iii) The Streets Department for mailboxes and street cuts; and (iv) The City Engineering Department to obtain permits for any work or development, including landscaping, within the public rights -of -way. (h) Tree Protection. 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 the site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. The fence must be inspected by the City Forester or his/her designee before any construction activities are to commence. (i) Sidewalks. Owner shall construct a sidewalk, in compliance with City of Aspen Department of Engineering standards, for the entire portion of the Property fronting on Gibson Avenue, and shall also construct a sidewalk partially along South Avenue to a point near the intersection of Gibson Avenue and South Avenue that the City Engineer determines is sufficient to allow safe pedestrian passage to the sidewalk on the north side of South Avenue. The sidewalk, curb and gutter along both Avenues shall be installed as part of the next building permit for Lot 1 or Lot 2, whichever comes first. No final inspection or Certificate of Occupancy will be given until the sidewalk, curb and gutter is completed as above required. Also see Sections 2 and 4 above. 0) Construction Schedule 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 complied with. Any adopted amendments in the future to permitted construction hours or noise standards shall met. (k) Sight Triangle Prohibitions. No structure or landscaping over thirty (30) inches tall shall be installed in a sight triangle located thirty (30) feet within the Gibson/South Avenue intersection, as said sight triangle is depicted on the Amended Plat. (1) No Further Subdivision, CCIOA. There shall be no further subdivision of Lot 1 or Lot 2. This restriction shall not apply to the condominiumization of two detached dwelling units or a duplex constructed on Lot 1. Upon substantial completion of construction of the units on Lot 1, Owner anticipates submitting Lot 1 to a condominium regime created pursuant to the Colorado Common Interest Ownership Act (CCIOA). The City agrees to process for approval and recordation a Condominium Map prepared in accordance with the Code and CCIOA. (m) Dust Suppression. Owner shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the Property. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. 2 523 1 'IIII' Page: _ _ f 12 04/25/2006 02-34F JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 D 0.00 (n) Soils and the Former Smuggler Superfund Site. Owner shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permits on both Lots. All soils on Lots and 2 shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing protocols, the soils are found to be uncontaminated, the following requirements shall not apply. However, to the extent that any contaminants are discovered, the following requirements shall apply: (i) All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non - permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. (ii) The Owner and general contractor of any development on Lots 1 and 2 shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the Property. (iii) The Owner shall complete a Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the Lots. (o) Soils and the Former Fuel Tank Location. Owner shall be required to test for soil contamination in the area where the previous owner stored an above ground fuel tank. If the soils in said area are found to be uncontaminated, there shall be no further requirements. However, to the extent that any contaminants are discovered, the requirements of paragraphs 5(n)(i) and 5(n)(iii), above, shall apply. 6. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this Amended SIA and the Amended Plat shall be recorded in the Office of the Pitkin County Clerk and Recorder. The Amended Plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. 7. Financial Security for Public Improvements. In order to secure the performance of the construction and installation of improvements in the public right-of- way, including landscaping, the Owner shall provide the City with a financial security for the proposed improvements. The financial security shall take the form of a letter of credit, cash or other guarantee in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation of construction or the issuance of any 7 ' 52332' Page: 9 111111 I I 04//25/2006 02:34F JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 D 0.00 building permits. The Owner shall provide a detailed cost estimate of the improvements for approval by the City. The amount of 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, 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 of the improvements are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated costs for that portion of the improvements, except that 10% of the estimated costs of the improvements shall be withheld for the benefit of 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). 8. 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 writine. To Owner: Centurion Partners GS, LLC Attn: John Sarpa 300 South Spring Street Aspen, CO 81611 With Copy To: Art Daily, Esq. c/o Holland & Hart, LLP 600 East Main Street Aspen, CO 81611 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 9. 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. 10. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 11. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: Kathryn S. och City Clerk 40 APPROVED AS TO FORM: kiir> orc ter City Attorney OWNER: STATE OF COLORADO ) ss. COUNTY OF PITKIN ) THE CITY OF ASPEN, a municipal corporation By: ele K I a na%#fd-,7Vor CENTURION PARTNERS GS, LLC, a Delaware J�%�te4ji.aWlity company Sarpa, Autwized Agent The foregoing instrument was acknowledged before me this 2S day of r i , 2006, by Helen Klanderud, Mayor, and Kathryn S. Koch, City Clerk, of thle City of Aspen, Colorado. Witness my hand and official seal. My commission expires: ()'f'1 vzw-t Pu I 523321 I I Page:,10 of 12 JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 4/25D20.00 2.349 E STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 01 day of 2006, by John Sarpa as Authorized Agent of Centurion Partners GS, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: V J�CXSL Notar u lic �hp t 80 Do ~COLOPP I IIIIIIIIIIIIIIIIIIIICAUDIIIIIIIILL IIIIIIIIIIIIIIIIIIIIII!III 523321 Page: 11 of 12 04/25/2006 02:24f 00 D 0.00 10 • Mortgagee Consent The undersigned, being the holder of a lien on the Property pursuant to a Deed of Trust recorded as Reception No. S/y5;-b in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to and approves the recording of this Amended SIA, and hereby subordinates the lien of said Deed of Trust to the matters set forth herein. 4 �_ Dated this day of Y' i , 2006. Alpine Ba spen Its: V, CE �rEsi d cv�1 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing MMtagee Co s nt was acknowled ed befo e me this fj day of 2006, by as of Alpine Bank, A pen. Witness my hand and official seal. My commission expires: 0toobwy 3525928_2.DOC aka --�-Aao of y Public II 523321 Page: 12 f 04/25/200602:34P JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 D 0.00 MAYRA ALBERTO i My Commis or 'yP.* 06R2R009 i t ITY CLERK S. GALENA GO 81611 NOTICE OF AN AMENDMENT TO THE TITLE AND REFERENCES WITHIN CITY OF ASPEN ORDINANCE NO. 52, SERIES OF 2005 CHANGING THE WORDS "SECOND AMENDED PLAT" TO "FIRST AMENDED PLAT" REGARDING THE SOUTH AND GIBSON SUBDIVISION APPROVAL Parcel ID No. 2737-073-00-031 WHEREAS, the City of Aspen approved a subdivision amendment application via Ordinance No. 52, Series 2005, recorded as Reception No. 520208 in the Office of the Clerk and Recorder of Pitkin County to replat an existing lot line in the South and Gibson Subdivision, the subdivision being originally approved by Ordinance No. 16, Series 2004; and, WHEREAS, the Subdivision Amendment application approved through the passing of Ordinance No. 52, Series 2005, is the first amendment to the South and Gibson Subdivision; and, WHEREAS, the title of Ordinance No. 52, Series 2005, inadvertently states the "Second Amended Plat - South and Gibson Subdivision", rather than on the "First Amended Plat - South and Gibson Subdivision", which may create confusion as to the number of amendments to the South and Gibson Subdivision; and, WHEREAS, the intent of this notice is to amend Ordinance No. 52, Series 2005, is to correct the title of the ordinance and references therein that refer to the subdivision as the "Second Amended Plat - South and Gibson Subdivision" and amend it to read the "First Amended Plat - South and Gibson Subdivision." NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: This notice amending and correcting the title and references noted herein, shall be recorded in the records of the Pitkin County Clerk and Recorder pursuant to Ordinance No. 52, Series of 2005, as a minor technical amendment and this document hereby serves to correct the title and references therein of said ordinance. UA M-0(7 10 Chris endon, Community Development Director IDat I I I I I 523321 Page: 1 of 12 �• I 04i25'2006 02 34F JANICE K VOS CAUDILL PITKIN COUNTY CO R 61.00 D 0.00 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 an 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. Centurian Partners LLC — Attention John Sarpa, 300 Spring Street, Suite 301, Aspen, CO 81611, Phone: (970) 544-3541 Property Owner's Name, Mailing Address and telephone number Lots 1 and 2 South and Gibson Subdivision (known as 805 South Avenue) Legal Description and Street Address of Subject Property The applicant has received subdivision amendment approval to relocate the shared lot line between Lot 1 and 2 South and Gibson Subdivision resulting in an amendment in the size and configuration of Lots 1 and 2. Additionally, a single access to both lots has been granted from Gibson Avenue. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Ordinance No. 52, Series of 2005, 1/9/06 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 15, 2006 Effective Date of Development Order (Same as date of publication of notice of approval.) January 16, 2009 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.) Issued this 17t" day of January, 2006, by the City of Aspen Community Development Director. vV I Chris Bendon, Community Development Director C1Public Notice ;PAXLP Le9M ry kv O•rpnnve p• �.wn ilma. waaNY k . 9unovr m.InTe� MonavY OY f:ol r.N. br � aua rnn Ow on. a•vprnrr wotlua Ih. ^n•e„pea Kro� m.�uy�'Onorwwr I P'•p• mwr ae'q• ow m r�kreeyfK • � m avpp rn-wp...r ni 910.rp)Syap (I�rn).mm Sunaav, January 15, 2006 • Aspen Times We YL'BUC VOTICE PUdX nOTKY eam.aea rm.nWa omee ue Ene•,wepe.11OWl bna�rn•yram.a NOOcomwNky '�•erarN work RFpRNBuf Wnr CUHkIE Cnmow pkrt wf rN merron d a.eran<pmwrzr r4M Onallkamn ,neem.d, wa perm e<ror.n aa,r K:wpm e i JAtI M wraw. ro rnr LuM Iw coe. d me Cur d wr UwllkRekN w O•m• raemavK Ef' pm +alt ]1He ?l Aee[k 6R Cab.•Nlu rroa AnmtaturN Prancr Cunenurm. Ore. �) Swee. purrravy tM kKw.m• r P.O_ Bon ]Ili Ya0 CO B16X aawny Ld I. 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CItY Clark Por Nrrnro laormarm rwtrr lumtla PnNe. PuelknaKP3 Arpin nine weky w lanwry paPea o 1. Crrw 9,, Npq unity Orvabpmmr !. 300K. CabrvOo (9fi) 936 nnuc nonce ORpNANCE . !! Pua�.No m TN Npm nine waNy on Inrrr. A AL ROTn —N 01 L1Et nyo �• 'W OROWANCEa ME c—COUNCIL IF ALIOCAnon 0I lleW uE9 TME Crtt OP A9FUf AFrR —I AN AM[Vp ru9uc,vOncE TO ne 9oup d prawn d me Npm Com HLL HoU9Rq pPy�L garyryEEOp •vOaw a dun. panauy Mr hPmaar ea 9anvbn Dl,nkt • MEM Pu ?ro0ra SW IZA,L CHOICE Nancy DlBiaggio has the knowledge and talent to match You with the perfect valley home. A lifetime of world travel and a family heritage of mining pioneer have led to her enthusiasm for Ilving in this extraordinary place. Her goal is to help others enjoy this incredible community as much as she does. She would love to talk to you. no a Dw.maaoara mle.« nameea mtwen.x al..<. 877,Nios1LRS �7.877.�gD7) r. ems. llXLP is ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 605- 50 rI4 kvE' , Aspen, CO SCHEDULED PUBLIC HEARING DATE: V"I 1 , 200—t STATE OF COLORADO ) ) ss. County of Pitkin ) I, -12YLA--J - 6'14W_J (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: C Publication ofnotice: 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 theme day of 200 'r, 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 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 all owners of 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) 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 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 shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignatur 4 Th foregoingg "Affidavit of Notice" was acknowledged before me this _ day Of pm,laf , 2006 by ct,1�1 So nS WITNESS MY HAND AND OFFICIAL SEAL MARIE S. KEMP My commission expir 4-5 -b l MY COMMISSION EXPIRES 4-08-06 N �blic ATTACHNIENTS: COPY OF THEPUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL If K w — m are TO: MEMORANDUM Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Long Range Planner RE: 2ad Amended Plat -South and Gibson Subdivision (805 South Avenue) - Subdivision Amendment — Second Reading of Ordinance - 52, Series 2005 MEETING DATE: January 9, 2006 APPLICANT /OWNER: Centurian Partners, LLC REPRESENTATIVE: Keith Howie and/or Bill Pollock, Zone 4 Architects, LLC LOCATION: Lots 1 and 2, South and Gibson Subdivision commonly known as 805 South Avenue CURRENT ZONING & USE Medium -Density Residential (R-6) Zone District, built with one detached residential dwelling. PROPOSED LAND USE: The current subdivision is approved for a total of three primary dwelling units on two lots. The number of dwelling units and lots will be maintained in the subdivision amendment. PLANNING AND ZONING COMMISSION AND STAFF RECOMMENDATION: Approval with Conditions. SUMMARY: The Applicant requests a subdivision amendment to relocate the existing lot line shared by Lot 1 and Lot 2 resulting in a reconfiguration of the shape and size of the lots. Photo otthe subject property taken ti-OM the southern corner of the site looking north towards the existing house on the orooertv. _ P 1 w Photo of the of South Avenue p1_01)erty fronta,e �T �b� Photo of the Gibson Avenue property fr P391 P392 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval to redevelop the site: • Subdivision Amendment for a change to an approved plat that is consistent with the approved plat (same number of lots and same number of dwelling units) pursuant to Land Use Code Section 26.480 (City Council is the final review authority who may approve, approve with conditions, or deny the proposal). PROJECT SUMMARY: In 2004, ordinance 16 was passed by City Council which approved the South and Gibson Subdivision. The approval allowed for the creation of two lots (Lots 1 and 2), from a parent parcel of 21,938 SF, for the development of up to three primary dwelling units. There were a number of conditions of approval, including the following: only one common driveway and shared curb -cut is allowed for the lots, sidewalk installation along the property's boundary adjacent to Gibson Avenue is required, a sidewalk is required along part of South Avenue, and the approval was conditioned on Lot 2 at 15,079 SF not being allowed to be further subdivided into additional smaller lots (except for condominiumization). Since first reading, a clerical inconsistency has been discovered between the ordinance and the City Council minutes of June 28, 2004. The ordinance, which is included in the Applicant's application, requires a common driveway and one curb cut for the lots and the access is allowed from either South or Gibson Avenue. The motion in the minutes required on access with a curb - cut off of South Avenue. In initial discussions with the Applicant, access from Gibson is preferred. The Applicant is requesting approval to amend the South and Gibson Subdivision plat in order to reconfigure the two lots. Specifically, the Applicant would like to reconfigure Lot 1 from a 6,859 SF lot allowing for a detached residential dwelling to a 12,151 SF lot proposed for a duplex dwelling or two detached residential dwellings. Lot 2 would be reconfigured from a 15,079 SF lot allowing for a duplex dwelling or two detached residential dwellings to a 9,787 SF lot proposed for a detached residential dwelling. As proposed, the size of each lot could accommodate a duplex dwelling or two detached dwellings. However, the Applicant is proposing that the number of primary dwelling units approved for the subdivision not change, but the Floor Area Ratio (FAR) allocated for each lot would be adjusted. As noted by the Applicant's representative, the purpose of reconfiguring the lots is to create a "building site that is more conducive to a better home design." Also affecting the subject property is a settlement stipulation in a civil action that impacts how the dimensional requirements for the lots are interpreted. In 1995, Resolution 71 was passed by the City Council which approved the settlement stipulation. The settlement stipulates that the property in question be "deemed to have an area of 22,882 SF" rather than 21,938 SF. This larger number includes the subject property and the area (943 SF) of a strip of land located adjacent to existing Lots 1, 2, and South Avenue which was quieted to the City. This increase in lot area impacts the FAR calculation and setback calculation. In the existing subdivision, both Lot I and Lot 2 are adjacent to the strip of land and each received a proportion of the additional square feet allotment. In this current application, only Lot 1 would be allotted the additional square feet. P393 The following table compares the proposed development dimensions with the dimensional requirements of the Medium -Density Residential (R-6) zone district and the approved subdivision: Table 1: Dimensional Requirements Dimensional Requirement Underlying Zone Existing Dimensional Proposed Dimensional District Re uirements Re uirements Requirements Lot 1 Lot 2 Lot I Lot 2 (SFR) ((Duplex) (Duplex) SFR) Minimum Lot Size 6,000 SF 6,859 SF 15,079 12,151 SF 9,787 SF Minimum Lot Width 60 Feet >60 Feet >60 Feet >60 Feet >60 Feet Minimum Lot 4,500 SF 6,859 SF 7,539.5 SF 9,787 SF 6,075.5 SF Area/Dwelling Minimum Front Yard 10 Feet 10 Feet 10 Feet 10 Feet 10 Feet Setback (Principal Bldg.) 6:6 Feet* 6.6 Feet* Minimum Side Yard Varies Min. -5 Feet Min. 15 Feet Min. -15 Feet Min. -10 Feet Setback Total — 20.92 Feet Total — 33.93 Feet Minimum Rear Yard 10 Feet 10 Feet 10 Feet 10 Feet 10 Feet Setback (Principal Bldg.) Maximum Height 25 Feet < 25 Feet < 25 Feet < 25 Feet < 25 Feet Floor Area Ratio (FAR) Varies 3405.76 SF** 4474.7 SF** 4325.6 SF** 3,7 SF .:inimum Off -Street -Lesser of one space -Lesser of -Lesser of -Lesser of - esser of Parking per bedroom or two one space per one space per one space per one space per spaces per unit bedroom or bedroom or bedroom or bedroom or -An ADU requires two spaces two spaces two spaces two spaces one space per unit per unit per unit per trait -An ADU -An ADU -An ADU -An ADU requires one requires one requires one requires one space space space space Notes: * A corner lot requires a minimum front yard setback along one right-of-way and a second minimum setback along the second right-of-way at 1/3 the minimum front yard requirement. ** Resolution 1995-71 allows a total of 943 SF to be added to the lots for determining dimensional requirement . STAFF COMMENTS: SUBDIVISION AMENDMENT: The Applicant is requesting subdivision approval for a proposed amendment to a subdivision plat that is consistent with the approved plat. This is considered a subdivision amendment in the City's Land Use Code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. Staff feels' that the proposal is consistent with the infill development goals established in the 2000 Aspen Area Community Plan. Staff has included a condition in the approving ordinance requiring that the prior conditions of ordinance 2004-16 be met except for P394 condition eleven (11). Condition 11 prohibited further subdivision of Lot 2 except for condom iniumization. Since the configuration of the lots has changed, a condition has been included in the current ordinance prohibiting the further subdivision -of either Lot I or 2 (except Lot 1, the duplex lot, may be condominiumized). The condition also caps the density of the subdivision to three primary residential dwellings. Although there is an inconsistency between the Council minutes from 2004 and the actual ordinance that was passed, Staff is recommending that only one access be allowed from Gibson Avenue. The section of South Avenue adjacent to this property is part of the bus route which should not be interrupted with a curb cut when feasible. SCHOOL LANDS DEDICATIONS FEE: The 2004 ordinance that approved the South and Gibson Subdivision requires that the Applicant pay a cash -in -lieu payment rather than a land dedication. The Applicant has proposed to pay a cash -in -lieu payment pursuant to the fee schedule established in Land Use Code Section 26.630. The original ordinance, as a condition of approval, required the Applicant to pay the School Lands Dedications fee prior to issuance of a building permit for the proposed development. This condition has- been carried over into the new ordinance. PARK DEVELOPMENT IMPACT FEE: The Applicant is required to pay a Park Development Impact Fee for.additional bedrooms,added to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee. The original ordinance, as a condition of approval, required the Applicant to pay the Park Development Impact Fee prior to issuance of a building permit for the proposed development. This condition has been carried over into the new ordinance. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Aspen Sanitation District, and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance on first reading, approving with conditions, a subdivision amendment, for the 2" d Amended Plat - South and Gibson Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 52, Series of 2005, upon first reading." CITY MANAGER COMMENTS: ATTACHMENTS: P395 EXHIBIT A — Review Criteria and Staff Findings EXHIBIT B — Review Comments EXHIBIT C — Planning and Zoning Commission Minutes of 4/20/04 EXHIBIT D — City Council Minutes of 6/28/04 EXHIBIT E — Application PatIc I Of'-) Qt1101Z Jennifer Phelan From: Nick Adeh Sent: Tuesday, January 03, 2006 11:05 AM To: Jennifer Phelan Cc: Edward Sadler; Randy Mosby; Alex Evonitz; Jerry Nye Subject: RE: Access for Lots 1 and 2, South and Gibson Subdivision Good morning Jennifer, I have reviewed the access feasibility on both South and Gibson Avenues, and I have come up with the following conclusions for South and Gibson Subdivision: • Both streets are functioning as local/collector routes. The entire length of South Avenue accommodates a bus transit way and one segment of Gibson Avenue between Lone Pine & South is part of this public transit (bus way) corridor. • Traffic counts taken in 1997 logged 1,900 ADT on South Avenue and 1,700 ADT on Gibson Avenue. Gibson Avenue Access Option -Advantages include lower traffic and shorter walking distance to public trail. -Disadvantages are loss of one public parking space that is also used by trail users to connect to downtown and other public amenities along the river corridor. South Avenue Access O tp ion -Advantages include no loss in On -Street public parking and more reasonable site distances. No parking is allowed on this segment of the road, and street was narrowed as part of the neighborhood traffic calming project constructed in 1998. -Disadvantages include marginally higher traffic volumes and yielding to occasional public transit system. In order to avoid loss of public parking that is shrinking rapidly due to higher density development practices, preference is given to South Avenue access option. Nick Adeh From: Jennifer Phelan Sent: Thursday, December 22, 2005 3:56 PM To: Nick Adeh Subject: Access for Lots 1 and 2, South and Gibson Subdivision Nick — Thanks ahead of time for writing a recommendation on preferred access for the lots. As you have previously seen, the parcel is triangular in shape and both Gibson and South intersect at the apex of the triangle. FYI — I just checked the GGIS data and it appears that there are bus stops on the section of South Avenue where the property is located . I'll need your comments by Tuesday, January 3rd. Thanks again. JP Jennifer Phelan, Senior Long Range Planner Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 P397 ORDINANCE NO. 52 (SERIES OF 2'005) AN ORDINANCE. OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT — SOUTH AND GIBSON SUBDIVISION, ON THE PROPERTY KNOWN AS 805 SOUTH AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-0 73-00-031 WHEREAS, the Community Development Department received an application from Centurian Partners (c/o John Sarpa) represented by Zone 4 Architects, requesting approval of Subdivision Amendment, to replat the existing South and Gibson Subdivision's lot line location; and, WHEREAS, the South and Gibson Subdivision was approved with conditions by the City of Aspen City Council by Ordinance 16 (Series 2004) which granted approval of two lots for the development of up to three primary dwelling units in accordance with the City of Aspen Land Use Code; and, WHEREAS, as a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on January 9, 2006, the City Council opened the hearing, tools public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 52, Series of 2005, approving with conditions, the subdivision amendment which maintains two lots for the development of up to three primary dwelling units on the property known as 805 South Avenue; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 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 CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions the Second Amended Plat — South and Gibson Subdivision which creates two lots for the development of up to three Page 1 of 5 P398 primary dwelling units on the property known 805 South Avenue. This Approval is conditioned on the Applicant meeting the requirements of Section 1 of Ordinance 16 (Series 2004), conditions 1-3, 5-10 and 12-14 with the exception of conditions 4 and 11. A common driveway shall be required for access to the lots and only one (1) curb cut shall be allowed. The Applicant shall take access from son Avene, however, the driveway shall be placed as far as practical NM the South/Gibson Avenue intersection. A hammer jWriveway shall be constructed to allow cars to turnaround on -site and avoid backing onto the streets There shall be no further subdivision of Lot 1 or 2. This restriction shall not apply to condominiumizing two detached dwelling units or a duplex constructed on Lot 1. Lot 2 is allowed to have one detached residential dwelling on the lot. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains 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 5-year storm frequency should be used in designing any drainage improvements. e. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The constriction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. g. Accessibility and ADA compliance to all units shall be addressed to satisfactorily meet the building code. Page 2 of 5 P399 h. Sidewalk ramps must be compliant with most recent addition of ADA standards (minimum length of the ramp and landing platform must be 10'-6" in length from face of curb). Section 4: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if a building is over 5,000 square feet in area. Section 5: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. Section 6: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On -site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. If the existing 4" CIP/VCP service line for this parcel will be used to service the single family residence on Lot 2, the existing sewer service should be televised to determine its condition. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above or in close proximity below ASCD main sewer lines. Section 7: Electrical Department Requirements If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, the Community Development Director shall review and approve the easement on the condominium plat. Section 8: Parks The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. Consideration should be made for the protection of significant vegetation located on the properties. A tree permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover demolition, excavation, and trimming. Coordination between the contractor, the City Parks Page 3 of 5 P400 Department and the City Engineering Department is critical for the design and construction of sidewalks along both sides of the properties. Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. Utility connections: Parks is concerned with the future connections made for the new development. These connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. Section 9: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if frilly set forth herein, unless amended by an authorized entity. Section 10• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 11: 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 12: A public hearing on this ordinance shall be held on the 9d' day of January, 2006, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 120' day of December, 2005. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this _ day of , 2006. Page 4 of 5 Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor Approved as to form: City Attorney Page 5 of 5 P402 Exhibit A SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS Section 26.480.050 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The future land use map in the AACP shows this property to be residential. The proposed use is in compliance with the future direction of the AACP. Applicable policies and goals of the AACP that the subdivision meets are: locating residential development within the city boundaries and locating development close to the commercial core and transit stops. Staff finds this criterion to be met. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding There are many residential uses with the area including mobile homes, single-family residences, duplex residences, and multi family residential development. Staff finds this criterion to be met. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding The surrounding properties are close to fully developed. All development associated with this application is internal to the site and will not encroach onto the public right-of-way or adjacent properties. Therefore, Staff does not believe that the proposal will adversely affect the future development of the surrounding properties. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding The proposed development is in compliance with the Medium -Density Residential zone district requirements and meets all other land use regulations. Staff finds this criterion 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. P403 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 Staff believes that the property is suitable for subdivision. The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. Soil mitigation is required if the soils are found to be contaminated. In addition, Staff believes that there will not be a duplication or premature extension of ' public facilities because the property to be subdivided is already served by adequate public facilities. Therefore, Stafffinds this criterion to be met. 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. 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 The Applicant has consented in the application to meet the applicable improvements pursuant to Section 26.580 and no variations are requested. Staff finds this criterion to be met. 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 The standards of Chapter 26.520, Replacement Housing Program, are not applicable because this application does not include the demolition of multi family residential buildings. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash -in -lieu of'providing P404 land, which will be paid prior to building permit issuance. Thus, staff finds this criterion to be met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, § 2) Staff Finding The Applicant's project, as proposed for three free market units has been approved through GMQS. Stafffinds this criterion to be met. LI Development Review Committee Minutes RE: Land Use Application: 805 South Avenue Date: November 23, 2005 Present: Jennifer Phelan, Long Range Planner Tom Bracewell, Sanitation District Dylan Johns, Applicant's Representative Back,ground: Essentially this application is to replat an existing subdivision and relocate the lot line. No additional density or lots are proposed. In 2004 the South and Gibson Subdivision was approved for the development of two lots and three primary residences. A number of conditions were part of the approval and the Applicant is proposing to maintain those conditions. Citv Engineer (provided on November 22, 2004): • Same conditions as per the last approval (ordinance 2004-16) • Sidewalk ramps must be compliant with most recent addition of ADA standards (minimum length of the ramp and landing platform must be 10'-6" in length from face of curb). Parks(provided on November 22,2004: • The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. • The parks department requires that the new owners or developers of the newly formed lots be informed of the city's tree ordinance and considerations are made for the protection of significant vegetation located on the properties. • A tree permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover demolition, excavation, and trimming. Please contact the City Forester at 920-5120. • Coordination between the contractor, the City Parks Department and the City Engineering Department is critical for the design and construction of sidewalks along both sides of the properties. • Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. • Utility connections: Parks is concerned with the future connections made for the new development. These connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. Sanitation: • Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. • ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. • On -site utility plans require approval by ACSD. P405 Minutes — 11/23/05 P406 Development Review Committee Minutes RE: Land Use Application: 805 South Avenue • Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. • If the existing 4" CIP/VCP service line for this parcel will be used to service the single. family residense on Lot 2, the existing sewer service should be televised to determine it's condition. • Below grade development may require installation of a pumping system. • One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. • Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. • All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. • Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). • The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. • Soil Nails are not allowed in the public ROW above or in close proximity below ASCD main sewer lines. • The district will have more specific comments and requirements once detailed building plans and utility plans have been made available to the district. Minutes — 11/23/05 �1T e- P407 ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20, 2004 proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be parked in the area around the site. Die City encourages that site workers be shuttled in from the airport parking area. g) A Geotechnical Report and study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or properties. This study shall include a detailed description of the slope stabilization and erosion control techniques to be used during construction. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a financial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department strongly prefers that the Applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. h) A drainage and erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains 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. Silt fencing shall be incorporated into the erosion control plan. A year storm frequency should be used in designing anv drainage improvements. The drainage plan shall demonstrate that there will be no increase in the site's historic runoff as a result of the new residence. i) A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. 4) The Applicant shall provide a new, individual sanitary sewer service line to serve the proposed residence. The new service line shall meet the standards of the Aspen Consolidated Sanitation District. Sanitary sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rides, regulations, and specifications. 5) The Applicant shall install a new water service line to the residence that meets the.requirements of the City of Aspen Water Department and provides sufficient waterpressure to serve the residential water needs and the fire sprinkler system that is required by the Fire 1farshal. If the water line is to be shared with other residences, the Applicant shall sign a common water service line agreement and the residence shall have.an individual water meter. The Applicant shall abandon the existing water service line at the main prior to making anew connection. 6) Prior to issuance of a building permit, all tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay pavment of the Water Tap and/or Parks Impact fees periaining to this property is finalized as part of the Residences at Little Nell Final PUD project, those fees shall be payable according to such agreement. 7) The Applicant shall abide by all noise ordinances. Construction activity is limited to the . hours between 7 a.m. and 7p.m, Monday through Saturday. 8) All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) oj'the Aspen Municipal Code as they pertain to utilities. 9) All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time, 10f Two (2) off-street parking spaces designated for use by the residence on Lot 4 of the Tipple Woods Subdivision shall be maintained on the adjacent Tipple Woods Lodge property or a City approved parking alternative shall be enacted in conjunction with the construction of the Residences at Little Nell or the Tippler 7'ownhomes that will provide two (2) off-street parking spaces within the City that are to be designated for use by the single-family residence on Lot 4, of the Tipple Woods Subdivision. Seconded by Brandon Marion. Roll call vote: Johnson, yes; Marion, yes; Haneman, yes; Tygre, yes. APPROVED 4-0. PUBLIC HEARING: - SOUTH AND GIBSON SUBDIVISION AND GMQS EXEMPTIONS Jasmine Tygre opened the public hearing for subdivision and GMQS Exemptions for South and Gibson. David Hoefer said the notice, publication and posting were provided. Scott Woodford presented the information on the project for a subdivision and GMQS Exemption dividing one 21,938 square foot lot into 2 lots; one at 6,859 square feet the other at 15,079 square feet. The first lot would have a single-family residence and the second lot would support two single-family residences or a duplex. P408 ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20, 2004 Mitch Haas, planner for the applicant, stated there was a strip of land that runs along South Avenue that was deeded to the city for a sidewalk right-of-way; the area still counts for development rights on this property even through it can't be built on. Haas said at this point it was just a proposed lot line subdivision so the entrances .from, the streets were not yet determined. Haas noted there were utility lines on the property, which would need to be moved to an easement and there. was pavement from Gibson Avenue on this property and not in the right-of-way; there was a condition for an easement to cover all of these nuances. Haas said that, he and John Niewoehner, city engineer and Libby from Holy Cross Electric have been working together on these easements. Woodford stated the city engineer wanted the driveways either on South or Gibson but as far as possible from the intersection; a hammerhead turnaround was requested for the larger lot nearer to Smuggler Park so there wouldn't be cars backing out into the street. Woodford said there was a proposed sidewalk along Gibson Avenue and the city was requesting a sidewalk on South as well, which was controversial with the applicant and city. Woodford said there were 2 GNIQS exemptions were for the reconstruction credits for two units. The development rights for the property after subdivision would be a single- family with an ADU or cash -in -lieu on lot land a duplex or 2 single family residences on lot 2 with an. ADU or cash -in -lieu. Hoefer stated that,the proposal was legal under the code in that zone district. Allgaier stated that "exempt" didn't mean that you were exempt from mitigating. This was a way to eliminate the step of actually having to build the duplex and tear it down in order to gain the unit of density that was allowed. Haas said that the applicant actually had a building permit for a duplex for the square footage and then he would have torn it.down. Hoefer explained that P&Z had to legally approve the subdivision and was basically signing off on the GMQS exemption. Woodford stated that the applicant has the option to consolidate; the GMQS requires only P&Z or the community development director approval and the subdivision requires P&Z and Council approval. Tygre said that she was confused about the difference _betw,een lots�lit and subdivision; she asked if there were different development rights with lot splits and subdivisions. Woodford replied that there were no changes in the development rights between a lot split or a subdivision. Haas responded the growth management for lot splits were only available in the original town site; they were not eligible for a lot split. Haas said the subdivision carries exactions that a lot split doesn't. Tygre stated that usually roads and access were included in the subdivision review and, asked -Why it wasn't part of this application. Woodford replied the engineering department had site lines for the intersection and the minimum distance from the intersections, .,Allgaier added that it was a two -lot subdivision bordered by roads on two sides with good access for fire, all the health, safety and welfare requirements; there were conditions as to where the access P409 ASPEN PLANNING & ZONING CONINIISSION Minutes APRIL 20, 2004 points could be limited and during the building permit process they will go through the same kind of review process with engineering. Tygre asked if the applicant or council decided if ADUs_were built. or was cash -in -lieu provided. Woodford replied in order to qualify for the single-family exemption the applicant shall have the option of providing a deed restricted RO ADU or fee -in -lieu. Allgaier responded that at the time of building permit they would decide if there was an ADU or fee -in -lieu. Haas stated that in residential development the applicant had the choice of exemption; if there were mitigation requirements it was then up to the Growth Management, P&Z and or Council but this was not a mitigation. Johnson asked if this subdivision were approved and it moves onto City Council for approval then no one else but Sarah Oates would see where on the lots the houses would be placed. Allgaier replied the Zoning Officer and every other referral agency would review; if they walk in and meet the regulations, do the mitigation, pay the impact fees then they obtain a building permit. Haas noted that they rely on the zoning to tell the applicant. where and how big buildings can or can't be and residential design standards. Public Comments: l . Doug Allen, public, said after hearing Jasmine he thinks that there is a problem in the system; this gets divided into a subdivision without hearing all the issues and the next thing that happens is the access becomes a placement problem. 2. David Oaks, public, manager of Smuggler Park Subdivision, asked if this remained a single lot what can legally be built. Woodford responded two single-family residences or a duplex. Oaks said that the subdivision grants the right to build a third home in that area. Woodford said that was correct but not. to- increase the buildable square footage. Oaks stated concern for the water and electric to this subdivision because currently that lot operates on a well and to connect to the city water system would require them to trench across South Street and up to Race Street or trench into the new Smuggler Park Water system. Oaks said it was the same with electric; there was one transformer box that was retrenched.last year and goes through his yard. Oaks also had a height concern because Smuggler Park has placed height limits of 15 feet. Woodford said the height limit in the area was 25 feet. David Oaks stated the sidewalk wasn't needed on South Street. 3, Robert Zupancis, public, stated that he lived diagonal from this property. Zupancis asked what the requirement was for off-street parking for the scenario of a single family and a duplex. Haas replied assume that they will be more than one bedroom units so there would be two parking spaces on site per unit. Zupancis stated the traffic was a problem and there was no parking on either side South Street or Race Street and one side of Gibson and Walnut. Zupancis asked if some of the city land could ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20, 2004 be used for snow storage rather than the sidewalk being placed; he wasn't sure the sidewalk was needed. Marion asked if a more comprehensive plan was needed because of the questions from the public raised about the water, electric and sidewalks. 'Woodford replied there was a Development Review Committee (DRC), which consists of the city engineer, water, electric, housing, parks and all the interested parties to give their technical review and the city water and electric issues were brought up at that DRC meeting. Haas responded to the electric question and explained the location of an existing a Holy Cross Electric vault with a stubbed line onto the property.. Haas said that the Water Department didn't see a problem making the water connection to city water and the well would be abandoned and those ,water rights would go to the city. Haas said that if the lot wasn't subdivided a duplex or. 2 single-family homes could be built without any review from P&Z because the setback and.dimensional requirements were set in place; the access questions would be brought up at building permit. Tygre asked for clarification on the side yards and front yards and what the setbacks were for these lots. Haas replied that there were combined side yard setbacks and a minimum side yard would be a minimum of 15 feet with a total of 30 feet combined. Johnson said that he had a hard time understanding the application and now knows. why because he hasn't seen anything like this review before; he requested tabling so that he could do his due diligence on the review process. Tygre asked if there was more information needed. from, staff_or the applicant. Johnson replied that he couldn't formulate all the questions that he had because he didn't understand it sufficiently. Haneman stated that he would draw a distinction between acceptance and understanding; he said that he could understand what was happening but he was having difficulty accepting it. Marion stated in the interest of clarification he provided an example of his lot split, which gave different options but the first step was to split the lot and fit it into the - existing codes. Marion said when he sold the lot he couldn'.t_say if the buyer would do their due diligence in terms of setbacks and historic significance. Marion said in this subdivision case the commission was just approving the cutting the lot into one-third and two-thirds portion and the applicant would have to deal with the parking, ingress and egress issues, which makes this proposal simpler to deal with. Marion stated whatever the applicant does with the property will end up in the existing code requirements and the commission was just granting the right to use the big piece of property to have another piece of density. Marion said when he walked the property he focused on the density of the area and he concluded that one more piece of density would not be adverse with Smuggler Park and surrounding duplexes. Hoefer stated that you end up 9 P411 ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20, 2004 with two legally conforming lots. Johnson said that he understood they have to conform to the zoning but that wasn't his issue; he didn't understand the need for the interpretation when the community development directors could have signed off on it. Allgaier explained that there was no mystery to the exemption and it was common for community development to package reviews for the planning commission to see the whole picture. Johnson said that was his issue that he. did not understand this and he didn't think that anything said tonight would help his issues tonight; he said he wanted to review the information and the code.. Haneman said they had to go from single-family to duplex and then demolish and have the right for two development rights; does it make any difference in light of this subdivision whether there was a house on. this property at all, if it was a vacant 21,938 square foot lot would this. still go forward with the rights for a single family on one and a duplex on the other. Woodford said that they would have the right to build a duplex. Haas replied that the code interpretation was if they had to build the duplex* and tear it down to get the right to build the two -single family homes or duplex on one lot. Johnson commented that the code language that you must build it to tear it down was odd; he asked if this wasn't an issue prior to this review. Tygre said that many of the surrounding properties were R-15, which wouldn't be a problem but this one was zoned -R-6. Tygre stated that the code is what it is and the. commission has_to go by the findings of the criteria although the criteria do not address this application; although Tygre said she had problems with the application Tygre stated that it fulfilled the requirements of R-6. Allgaier stated that this was a simple parceling of land and the commission was used to seeing complicated PUD land use reviews.. The. commission agreed to add a condition that no further subdivision occur on -Lot ,2_but.it.could,be condonuniunuzed. MOTION. Brandon Marion moved to approve Resolution #13, series of 2004 for subdivision and G1tNIOS Exemption for South & Gibson Subdivision with the following conditions: 1. Prior to issuance of a building permit for either new lot: 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.) .Any proposed new dwelling shall demonstrate their compliance with the Residential Design Standards. d.) 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. e.) An outdoor lighting plan for each residence shall be submitted. f.) All tap fees, impacts fees, and building permit fees shall be paid. g.) The private well for the existing house must be abandoned and a new municipal water service installed. 2. 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. 3. 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 10 P412 ASPEN PLANNING & ZONING CONINT USSION Minutes APRIL_20, 2004 structure only. The existing house floor area shall be noted on the subdivision plat. 4. The driveway for Lot I (the corner lot) shall be placed as far as possible from the South/Gibson Avenue intersection. A hammerhead driveway on Lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. 5. The applicant shall construct sidewalks, in compliance with City standards for the portion of the property fronting Gibson Avenue and South Avenue. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single 'non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the Cial Engineer and applicable utilities. 7. Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate 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 demonstrate that gutter will have a 0.75%slope (minimum) towards a storm drain and show the extent of re -grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit far either lot I or lot 2. No Certificate of Occupancy will be given until 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 intersection. 9. A subdivision agreement and plat shall be recorded in the office of the Piikin County Clerk and Recorder within 180 days following City Council approval. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Vater Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. There shall be no further subdivision of Lot 2, the 15,079 square foot lot. This restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot. Seconded by Roger Haneman. Roll call:. Johnson, no; Haneman, yes; Marion, yes; Tygre, yes. APPROVED 3-1. PUBLIC HEARING: MCGARVEY SUBDIVISION — 433 WEST BLEEKER STREET Jasmine Tygre opened the public hearing for the McGarvey 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 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 through the existing 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 if the 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 11 P413 Aspen Citv Council Regular Meetinc, June 28 2004 Councilwoman Richards said at that time, opponents to Burlingame discussed a land trade with Tom Moore to put the affordable housing there. This did not materialize. All in favor, with the exception of Councilman Paulson and Mayor Klanderud. Motion carried ORDINANCE #24, SERIES OF 2004 — Code Amendment — Liquor Licenses Councilman Semrau moved to read Ordinance #24, Series of 2004; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 24, SERIES OF 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, PERMITTING RETAIL LIQUOR STORES AND LIQUOR - LICENSED DRUGSTORES,'FOLLOWM6-RECEIPT OF AN APPROVED APPLICATION, TO'CONDUCT TASTINGS, ESTABLISHING A FEE FOR THE PERMIT; AND ALLOWING HOTEL OR RESTAURANT LICENSEES TO PERMIT CUSTOMERS TO RESEAL AND REMOVE OPEN VINOUS LIQUOR CONTAINERS .1 FROM THE LICENSED PREMISES Was read by the city clerk Councilman Torre moved to adopt Ordinance #24, Series of 2004, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Torre, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #16, SERIES OF 2004 - South and Gibson Subdivision Scott Woodford, community development department, told Council the applicant is requesting subdivision of a 21,000 square foot lot at the corner of South and Gibson into 6,859 and 15,079 square foot lots. After subdivision approval, the applicants could build a single family dwelling on the smaller lot and could build a duplex or two single-family residences on the larger lot. This is located in the R-6 zone; the FAR on the.smaller lot would be 3300 square feet and 4,024 on the larger lot or 2020 square feet on P414 Aspen City Council Re«ular VTeetin� June 28, 2004 each side of a duplex. Each house will need to meet the residential design standards. The engineering department commented access can come off either South or Gibson; however, the driveway should be as far back as possible from the busy intersection. The engineering department requires a hammerhead turnaround so the cars will be able to head into the street going forward. There is a requirement not to have anything higher than 30 inches at the apex of the triangle at South and Gibson. The applicant proposes a sidewalk, curb and gutter along Gibson. The city requests a sidewalk be constructed on the South street side as well. The applicant has not agreed to this. Woodford pointed out the area on the north along South street was subject to a settlement agreement between the city and the previous owner, that the owner gave quiet title to a portion of land to the city so that the street would be located within the right-of-way and the applicant could use that portion for FAR purposes. Woodford said staff feels with this request for subdivision, the city sidewalk plan calls for sidewalks and the applicant should provide that sidewalk. Woodford told Council this request complies with all the subdivision criteria. There was a request for a GMQS exemption, which is a community development director approval, upon meeting certain criteria. The criterion is that they will provide either an ADU or pay the fee -in -lieu. Woodford noted the. requirement about the superfund site and although this area has been removed from the superfund listing, they must still comply with conditions of Ordinance 25, 1994, to do soil testing. If there are no contaminated soils, there are no further requirements. If there are contaminates, they must follow the protocol. There is an overhead diesel fuel tank storage on site. Woodford passed out an ordinance with amended conditions. Mitch Haas, representing the applicant, told Council they would like to discuss the requirement for a sidewalk on South Avenue and the requirement for an easement on the plat. Haas noted in condition #3 there is a requirement that the plat show an easement for the existing residence to stay in place until the two lots are developed. Haas said he is fine with addressing the existing house but does not want to call it an easement. Haas said this house would be too close to a lot line for redevelopment. The plat note could state the house will be demolished prior to development of either lot. The new development will comply with all dimensional requirements. Woodford told Council staff s policy is not to require houses to be P415 Aspen Citv Council Re6ular Nleetina Tune 28 2004 demolished. The issue is how to handle the fact that the existing house will be too close to the lot line. Woodford said a plat note would be acceptable to staff. Haas told Council their concern over the requirement for a sidewalk is that that land was given to the city and the agreement was if they wanted to build a sidewalk, they could. Haas said it should not be incumbent on the applicants to build this sidewalk. Haas pointed out to put a sidewalk along South street, they would have to remove about 25 mature Aspen trees. The sidewalk will dead end at the end of this property without a connection to the sidewalk to the east. Haas stated this sidewalk is not needed. There is a sidewalk on the other side. of South street. Haas told Council the applicants would be willing to join an improvement district for any future sidewalks. Councilwoman Richards asked about the overhead lines and is the developer planning on undergrounding. Haas said they will coordinate any work with Smuggler Mobile Home Park. They are interested in pursuing the project; however, his client does not needs those lines for service. There is an electric vault located on their property. Woodford told Council the new houses will not be taking their power from the overhead lines so staff felt they could not require the applicant to participant in the underground proj ect. Mayor Klanderud opened the public hearing. Mark Hesselschwerdt, president Smuggler Homeowners Association, told Council they have been working on undergrounding in Smuggler. The overhead line comes across the subject property and everyone will need to work together to get this undergrounded. Hesselschwerdt said the proposal is Smuggler and this applicant will split the 50% of undergrounding. Hesselschwerdt said there is a concern about putting 3 units where one used to be. There is also concern that the applicants are receiving FAR that does not reflect the size of the lot. Patti Clapper, Smuggler resident, told Council city staff has been very helpful in addressing the majority of concerns. The neighborhood supports undergrounding and perhaps Council can provide some incentives to the landowner for this project. Robert Zupancis, property owner across the street, asked what off street parking concerns have been solved. Woodford said the condition addresses parking during construction as there is no on -site parking in this area. 10 Aspen City Council Regular Meeting June 28, 2004 Woodford noted this is addressed as a condition so the applicants will be prepared. Zupancis pointed out there is no on street parking along Gibson or South streets. Race and Walnut streets have no parking. Zupancis said he is concerned about these large houses and where all the cars will park. Zupancis said when there are parties, there will be no place for cars. The parking in this neighborhood has not been addressed. Zupancis said he does not feel a sidewalk on South street is needed. Tom Marshall said there should be reasons for changing lots in subdivisions. Neighbors have no input to what is getting built in then neighborhood. Marshall said the hearing notices do not explain the implications of changing lots to subdivisions. Hesselschwerdt agreed a sidewalk is not needed on South street. Hesselschwerdt agreed that chopping up large lots and allowing maximum build out is disconcerting. Loren Ryerson, chief of police, recommended a sidewalk go around the corner of Gibson and a crosswalk go to the north even if it doesn't go up South. Ryerson concurred a sidewalk along South is not necessary. Ryerson noted the lighting in this area has been a concern. Ryerson asked that the developers not fight with increased lighting Mayor Klanderud closed the public hearing. Haas stated the maximum build out of this property under zoning is 3 lots. The property is 22,000 square feet located in an R-6 zone, which would allow three 6,000 square foot lots. Haas said the city decided what the appropriate density was when they zoned this area. Haas said this is full subdivision, not subdivision exemption. Haas noted there are dimensional requirements and residential design standards with which they will comply or they will have public hearings on variances from these. Haas said wrapping the sidewalk around the corner would be a good solution and would eliminate the need for a sidewalk along South street. Haas said this project will meet the city's on -site parking requirements. Haas told Council the building orientation on site is not known; this will depend on where the access is. Councilwoman Richards said she would be willing to forego the sidewalk; however, would like the city to retain an easement to put a sidewalk on South street in the future. Councilwoman Richards said she is concerned about two different driveways. The lots should be laid out so that they can share a common driveway. This is a high traffic area and one driveway 11 P417 Aspen Citv Council Regular Meeting June 28. 2004 coming out onto the street is preferable. Councilwoman Richards noted at the Mocklin subdivision, only one driveway was allowed. Councilwoman Richards said the allowable house sizes in the city may be too big. Councilman Semrau pointed out the neighbors do not think a sidewalk is warranted in this area. Councilman Paulson asked if this area is within the sidewalk master plan. Councilman Paulson said he has problems putting more sidewalks in than are necessary: Mayor Klanderud agreed sidewalks that dead end are not only annoying but are dangerous. Councilman Semrau moved to adopt Ordinance #16, Series of 2004, changing condition #4 to indicate that a common driveway to lot 1 and 2 must be provided to South street; that condition #5 is amended to state the applicant shall construct a sidewalk on Gibson including a wrap around the corner and that "the applicant sign an agreement for future sidewalk installations on South street at the sole discretion of the city"; seconded by Councilwoman Richards. Councilman Paulson asked if this fits within the sidewalk master plan and what Council discussed last year. Councilman Paulson said his recollection is that Council agreed the sidewalks were complete in this area. Councilwoman Richards reiterated is it important for safety to have one egress. Councilman Semrau noted when subdivisions are approved, curb cuts are minimized. The city is sensitive to driveways and to safety. Haas said in the subdivision process, an applicant can retain their existing rights within reason. They have rights to two driveways for two dwelling units. Haas said he would forego a third driveway; however, they have a right to t,,vo driveways. The applicants have agreed to a site triangle at the intersection and have agreed to a hammerhead turnaround on site. Worcester read from the subdivision standards noting that the city need not approve a subdivision that would be harmful to the health, safety or welfare of the residents of the subdivision and Council may require a single driveway or may deny the subdivision Roll call vote; Councilmembers Semrau, yes; Paulson, no; Richards, yes; Torre, no; Mayor Klanderud, yes. Mdtion carried. ORDINANCE #17, SERIES 'OF'2004 - McGarvey Subdivision 12 ATTACHMENT 2--LAND USE APPLICATION ame: SdUTN 7 I t3SuK SU3171 vI SI aKj Location: �05_ 56 UTy AVE. (Indicate street address, lot & block number, legal description where appropriate)., Parcel ID # (REQUIRED) -L-] e, -7- o `73 - 3S - oD ( JV Z 73 7- 0-73- _ S- C0 Z- REPRESENTATIVE: Name: A-Cf-N1_r&VrSr LL C. Address: 2Z Z-AST /40P)OIJ5 AVe A5PEV Co 8/& / I Phone #: "a" �4'P1°LI L1fN"f Name: G ENT012.1 0 iV T10rTLT)VE-Y2 S r LL 6- Address: 30 0 5 P2 # rj G S7r26-E7 S U I TF- O I A_CREhJ , Go 8/6/1 _ Phone #: EI f q - 633 TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. _❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 1K Lot Split - SU$Ix v i U uu Exsr1P ❑ Temporary Use Other. ❑ Lot Line Adjustment ❑ Text/Map Amendment Al>m )N 412onV 44","* ivT EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ,E� 5, -n K) & S F V-651 V&V6E 4 0 0T 1f 01 L D/W 6,f Tb 1rg- -Prm oL i S y e-r_> . Lo-r c>e;z -Pun_ Vilt'b '4 IG 5-E-vz,&3 ZOo y , zov, ►UG- PROPOSAL: (description of proposed buildings, uses, modifications, etc.) TZEGU2E Lo-r jJ►U� -tv "ZE-- .54vptng- Ftrv7A-6--F F71,vV. L-o�'S No GyM��,-�-5 ?o Sy�►v�s�µu fboPnwrrzS IL4TJyc�'�-� Have you attached the following? FEES DUE: S 6 0 O ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ['-esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards A _ ,ns that are larger than 8.5" a 11" must be folded and a floppy disk with an electronic copy of all written teat (Micrdsoft Word Format) must be submitted as part of the application. Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM sou-N-V U16SOK) susD10I51d►V G 6AM 2 I csUV 805- S a ry (for the purposes of 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: IV llbt Proposed: NI ti Number of residential units: Existing. 1 Proposed. • Z - L+ Number of bedrooms: Existing: 9_Proposed. T5T> Proposed % of demolition (Historic properties only): /V DIMENSIONS: 3 j707 Floor Area: Existing: 0G30 Allowable: 1175- Proposed. 39 Z� Principal bldg. height: Existing: 15' VVWXAllowable: Z5 Proposed: 73 n Access. bldg. height: Existing: 10 ; IZ' Allowable: Z.I '//ZProposed: T.3V On -Site parking: Existing. Z-3 Required.• M iw Proposed.• 715-> % Site coverage: M� y7to Pro'q wed: Existing. 1 D �o Required-• -.�•/, po 3d % Open Space: Existing: SEE .5cAvyIRequired. iv Proposed: 113T,-' Front Setback: Existing: 7- 4. t Required. I v 1 Proposed.• Rear Setback: Existing. 1 7 y � Required: ! o 5- Proposed: Combined F/R: Existing: "100 Required. ,V/Pt Proposed.• Side Setback: Existing: It (' Required.•_- ib Proposed: l0 1S Side Setback: Existing: !MJ At Required: Nl^'*# Proposed-7 N CombinedSides: Existing: /V A Required: IVA" Existing non-cont 5 Trw 6-ru 2 e7 - Lities or encroachments: S 11? j�4n'? SE'7'7�tr�kS (}a tNc iP,4L 14 .5 1✓FyVLCF VInt)TY 1.►NE- z•LtZ7zic. VAyLT - 12y*9w4Y F`,ve42a*z/ orj=o S1)a.1eir SIB - S�-r Sorg&Y Variations requested: NEE T2► AGO LA7?- 1-0-r FRovT A LT f rta+i-T, -i 51DF Y,*aP �E-W 2 i I S �T;> f o"� CITY OF ASPEN COMMUNITY DEVELOPMENT DEI?ARTMENT of Citv of CITY OF ASPEN (hereirtaficr CITY) and G TL) a) otv Fftr► )c z. (hercimflcr APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT Iris submitted to CITY an application f¢r 10J. C'!]awN M rtw 1t rT 2 6vi e-bi -6 5 v ✓� s, N„ �-nt P?� wt1 L o r SP[ 7 (hereinafter. THE PROJECT). 2. APPLICANT uuderstands and agrees that City of Vspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment all processing fees is a condition precedent to a determination of application completeness. 3_ APPLICANT and CITY agree that because of the! is not possibir; at this time to ascertain the full extent of the c APPLICANT and CITY further agree that it is in the interest of the initial deposit and to thereafter permit additional costs to be t APPLICANT agrees additional costs tray accrue following their hear will be benefited by retaining greater cash liquidity and will make CITY when they arc necessary as costs arc incurred. CTiY agrees it of recovering its full costs to process APPLICANT'S application. n,3u= or scope of the proposed project, it involved in processing the application_ ts that APPLICANT make payment of an to APPLICANT on a monthly basis. and/or approvals. APPLICANT agrees he tioual payments upon notification by the be benefited through the grratcr certainty 4, CITY and APPLICANT further agree that it is Inipracticablc for CITY. staff to complete processing, or prescnt sufficient information to the Planning Commissi and/or City Council to enable the Planniuog Commission and/or City Council to inake legally required findings fo project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consider full fees prior to a determination of application completeness. amount of S l_ (o� 95.00 which is for ► 2 14 hours of Cc recorded costs exceed the initial deposit. APPLICANT shall pay; the CITY for the processing of the application mentioned above, i, per planner hour over the initial deposit. Such periodic payments APPLICANT further agrees that failure to pay such accrued costs! in no case will building permits be issued until all costs assockited CTTY OF ASPEN By: By: Chris Bendon Community Development Director Date: -k- 4 l, 6 85, 00 - 1 N G t., u pES .>It/X0 Fk-tw v t �v (r F&T- SGS b t �EDt «✓` 1z 6'v t e-v ;�: t . lc\su ppo rt\form s1aL-rpayss.doc I/10/0i of the Cn'Y's waiver of its right to collect ICANT shall pay an initial deposit in the nity Development staff time, and if actual mal monthly billings to CITY to reirnbum tug post approval review at a rrtc of $220.00 be made within 30 days of the billing date, c grounds for suspension of prvorssing, and ase processing have been paid. z-d d90:21 SO 20 nou AK Art st AF Alp BL Br( CW Col qd.o' °n Ai/ Frc s Art Museu .Ce CL Recycle '14u.y,HgNM � � r. e a RRr ek rSt;�e V� Coprtho rX� �� K��� �' SG Sr m'� Q wc UV Cd��, Clueen . an s„ WR 1N v. me t t M8SC0 a cz co pkiR ` co, o a) D 1 Av ,�-yy .Ardmore ` D ure > �; z' �> � Av AP co e .a Aspen Z ters At, -o v Wes iew r ,� Q Ste P/ Riversi�� n C',f° °inn Foie An 0 M I TIN C TO —0. P.O. BOX 2eoe ASPEN CO 81612 Ph 970.644 .3641 F 070.544,8211 October 31, 2005 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South & Gibson Subdivision Admim Growth Lot Split 1 hereby authorize Zone 4 Architects, LLC (234 East Hopldns our designated and authorized representative with respect to tl submitted to your office for our properties located at 805 Sout 35-001 and 2737-07;-35-002). Zone 4 Architects, LLC is and Administzative Growths Management Review: Detached single and Subdivision Exemption for Lot Split, and any other incide LLC is also authorized to represent us in meetings with City S City Council. Should you have any need to contact me during the course of the offices of Zone 4 Architects, LLC. Spring Street, Suite 301 -n, CO 81611 1) 544-8336 Review and Exemption for a ,vc, Aspen CO 81611) to act as land use application being Avenue (Parcel ID No. 2737-073- rized to submit an application for hmily or duplex dwelling units nl reviews. Zone 4 Architects, fi� boards, commissions, and the review, please do so through 2-d eoo:6o So TE 400 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER James Lindt, 429-2763 DATE: 11/7/05 PROJECT: South and Gibson Lot Split and GMQS Review REPRESENTATIVE: Dylan Johns TYPE OF APPLICATION: Lot Split, GMQS Review for a Lot Created by a Lot Split DESCRIPTION: The Applicant would like to reconfigure the lot boundaries that were approved in the South and Gibson Subdivision in 2004, in order to change the location of the proposed residences within the subdivision and to change the lot sizes and FAR allotted to each of the subdivision's two lots. Since the proposed changes are significant and do not relate to technical or engineering considerations, a lot line adjustment cannot be processed. However, the Applicant will not have to apply through the full subdivision process. The Applicant can ask City Council to vacate the previous subdivision approval that was not acted upon and apply for a Subdivision Exemption for a Lot Split. The lot was previously divided through the full subdivision process because there was a requirement in the Growth Management section of the land use code that did not allow for properties outside of the original townsite to be approved for a lot split. Land Use Code amendments that were recently adopted by City Council changed the abovementioned requirement so that lot splits can now be processed outside of the original townsite. Staff would suggest that the Applicant apply to combine the reviews of the growth management review and the lot split pursuant to Land Use Code Section 26.304(Bx 1), Combined Reviews. -and Use Code Section(s) 26.304 Common Development Review Procedures 26.470.040(B)(1) Admin. Growth Management Review: Detached single-family or duplex dwelling units. 26.480.030(A)(2) Subdivision Exemption for Lot Split 26.515 Off -Street Parking 26.610 Park Development Impact Fee 26.630 School Lands Dedication 26.710.040 Medium -Density Residential (R-6) Zone District Review by: Staff for complete application. Referral agencies for technical considerations. City Council for final determination. Public Hearing: Yes at City Council 2°d Reading of Ordinance. Planning Fees: $1,320 Deposit for 12 hours of staff time (additional staff time required is billed at $220 per hour) Referral Fees: Engineering ($365) Total Deposit: $1,685 Total Number of Application Copies: Lot Split: 20 Copies with I I" x 17" plan copies and 2 Copies of 24" x 36" plans. To apply, submit the following information: 1. Total Deposit for review of application. 2. 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. 3. 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 property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Completed Dimensional Requirements Form. 7. Pre -application Conference Summary. 8. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 9. Proof of ownership. 10. Existing and proposed site plan, landscaping plan, and parking plan. 1'1. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 13. Draft lot split plat completed by a registered professional land surveyor that contains proposed lot boundaries and square footages. 14. A written description of proposed construction techniques to be used. 15. All other materials required pursuant to the specific submittal requirements. 16. 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 17. 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. 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. A R C H I T E C T 6 LLC. P.O. BOX 2508 ASPEN CO 81612 Ph 970.544 .3541 F 970.544 .821 1 November 7, 2005 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 To Whom It May Concern: This is an application requesting a combined Administrative Growth Management review and a Subdivision Exemption for a Lot Split (per Land Use Code Section 26.304(B)(1)) for the already created South and Gibson Subdivision. The ownership of the property has changed hands, and the new owners wish to reconfigure the lots and re -allocate how the lot area is distributed between the two lots. Regarding the Administrative Growth Management Review: Per the criteria for approval, the applicant intends to comply with the regulations in place at the time of permitting for the final unit count and FAR's for the units to determine the appropriate type and level of mitigation required. Regarding the Subdivision Exemption for a Lot Split: The purpose of the lot split is to move the single-family home site away from the intersection of South and Gibson. At the same time, after studying the effects of the setbacks, we would like to redistribute the lot areas in a different ratio than was previously approved so that the building site that is more conducive to a better home design (the triangular lot shape creates large areas that can not be built upon). This application does not seek to intensify the number of parcels in the subdivision, nor does is propose to change any of the conditions of the original subdivision approval. The development is capped at three dwellings units per the initial subdivision approval and the criterion for Lot Splits. Access to the all of the dwellings will still be provided with a single curb cut off of either Gibson or South Ave per the current approval. A more specific breakdown of the specifics of the current and proposed lot sizes follows. The original subdivision was approved on June 28, 2004. The two parcels have Lot Areas of 6,859SF (Lot 1) and 15,079SF (Lot 2), with the smaller, single family, lot located on the western point of the main lot at the intersection of South and Gibson Street. The larger duplex lot runs north/south alongside the trailer park fence line. Per Resolution No. 71, Series of 1995, there is a parcel of land granted to the city, known as "Parcel B", that continues to grant development rights to the main parcel even though it is not be included as lot area for the original parcel. In the initial subdivision application it was determined that the Lot Areas to calculate FAR would be 7,184 SF (Lot 1) and 15,694 (Lot 2), due to the configuration of the lot lines. This application seeks to create lots that will contain approximately 9,787 SF (Lot 2) and 12,151 SF (Lot 1), with the smaller, single family, lot in the Southeast comer and the larger duplex lot running along South Ave from the intersection to the trailer park. As both lots are no longer contiguous to "Parcel B", Lot 1 will be then be the sole recipient of the "Parcel B" lot area for the purposes of calculating FAR on that parcel, which would have an FAR calculate -able area of 13,095 SF. There will be no allocation to the reconfigured Lot 2 since it completely separated from "Parcel B" by Lot 1. After some preliminary studies, we believe two of the of the major benefits of the revised lot configuration are moving the single-family home site from the intersection away (which reduces the allowable FAR at that end of the site) and improving access to the units from the street and within the subdivision itself. The residence units will most likely be constructed utilizing timber framed walls and poured in place foundation walls. Approval Criteria 26.470.040 (B)(I) Admin. Growth Management Review: Detached single-family or duplex dwelling units. 1. Detached single-family or duplex dwelling units. The replacement after demolition of an existing single-family dwelling into multiple detached residential units or a duplex dwelling regardless of when the lot was subdivided or legally described: the redevelopment or conversion ofan existing single-family dwelling into multiple detached residential units or a duplex dwelling (or vice -versa) regardless of when the lot was subdivided or legally described; or, the new development of a single-family or multiple detached residential units or a duplex dwelling on a lot htat was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(F), Aspen Townsite Lots, or on a lot created by a lot split, pursuant to Section 26.480.0600, shall be approved if all the following standards are met. These units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030. Single Family. In order to quay for a single-family approval, the applicant shall have five (5) options: a) Providing and above grade, detached Accessory Dwelling Unit (ADU) or a Carriage House pursuant to Section 26 520, Accessory Dwelling Units and Carraige Houses; or, b) Providing and Accessory Dwelling Unit, or a Carnage House, authorized through Special Review to be attached and/or partly or fully subgrade, pursuant to Section 26.520; or, e) Providing an of -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 the single- family dwelling unit being constructed. Duplex In order to qualify for a duplex approval, the applicant shall have six (6) options: a) Providing one freee market dwelling unit and one deed restricted Resident - Occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; or, b) Providing either two above grade, detached Accessory Dwelling Units or Carraige Houses (or one of each), or one above grade, detached ADU or Carriage House with a minimum floor area ofsix hundred (600) net livable square feet, pursuant to Section 26.520; or, c) Providing either two Accessory Dwelling Units or Carriage Houses (or one of each) or one ADU or Carriage House with a minimum of 600 net livable square feet authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Section 26.520; or, d) Providing an off site Affordable Housing Unit within the Aspen Infrll 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, e) Providing two deed restricted Resident -Occupied (RO) dwelling Units; or, i) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. At this stage, it is envisioned that once the mitigation credit for the existing structures have been applied to the new allowable FAR's, any required additional affordable housing mitigation will most likely be met through cash -in -lieu or the provision of an ADU or both. This requirement will be met for both the single-family residence and the duplex as required. 2648Q030 (A)(2) Subdivision Exemptions for a Lot Split The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City ofAspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26 470.0 70(B). c. The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(1)(a) d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of the Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. ' e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed ofa duplex and a single-family home. A. This property was subdivided for the first time in June 2004, and this criterion does not apply B. Two lots are created by the lot split, and both lots conform to the underlying zoning at the time of application. C. This lot has not been part of a subdivision exemption or "lot split" exemption application or granting of any exemptions. D. After approval is granted, a plat shall be recorded and shall also indicate that no further subdivision may be granted for the lots nor will additional units be built without the receipt of applicable approvals pursuant to Chapter 26.480 and growth management allocation pursuant to Chapter 26.470. E. The plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days following the approval by the City Council. F. There is an existing single-family dwelling that occupies the site, and may or may not be demolished prior to application for the lot split. G. The intended build out for the two parcels are a single-family residence and a duplex. 26.515 Off -Street Parking Off-street parking for each of the residences will be provided by a two car garage for each of the dwelling units, and accessed by a shared driveway due to the requirement to only allow one curb cut to service all units in the subdivision. If an ADU is built on site, there shall be one parking space per unit as required by Section 26.515.030 that will be a surface parking space. 26 610 Park Development Impact Fee 26.630 School Lands Dedication The Park Development Impact Fee shall be calculated and paid at the issuance of building permit based on the unit count and fee schedule at the time of issuance. The School Lands Dedications will need to be paid -in -lieu, as the lot size is too small to consider a granting of land. As the residences have not been designed, the calculation can not 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. 26.710. 40 Medium -Density Residential (R-6) Zone Disbzct The new lots will be in conformance with the applicable zoning requirements for the R-6 zone district. These residences will also be required to comply with the Residential Design Standards per section 26.410, and it is the intent of the applicant to meet these standards and/or request the appropriate variances. Thank you, Dylan M. Johns, Principal Zone 4 Architects, LLC. • • m IMPROVEMENT SURVEY PLAT SOUTH & GIBSON SUBDIVISION SITUATED IN SECTION 7, TOWNSHIP 1 O S❑UTH, e ' RANGE 84 WEST OF THE 6TH P.M. �1� ear* • CITY OF ASPEN, PITKIN COUNTY, COL❑RAD❑ / dyTi 1 pplEr a, �� Y MTY MAP SCALE 1 INCH - 2000 FEET �l �4 l��L6 ia1 / 3 0 I Y 441 \\ i XALE:It04•VF1E7 / i /ems ' < \\ 1) BASIS aF KAM M ToR NIS 9a1rEY tS A K[ Or 3117C0 -% wlI r Tel PRpPFAIY —Ert .0"'EMTS AE M SOOnEASIEAY PRWERTY. AS MORE F=y DEPIM -MM i WE Y 9OW HEREON K 5TI&6T lD ALLm, SAW1 ITFYS Li NI5SPROPERTY. 1) Norm ACCOOMD m CQOIIADo Ue• TOY WST CdaEIrCE ANY Lem A;:ToN BAsED U•aH — oDECT N NIS Smcy a1TfN ➢!E (]) YEARS A YCU T—EA S DEFECT. N MO E� WY ANT ACTaH EASED IIPOI A01Y DEFECT N n "VEY BE CpHHE= YDE DUE TEM (10) YEARS R10Y TIE DAIS OF CERTIMATIW 9(pNH l OA ! h) W CRY 9.NtK15 .al. N T BE RESINN E Fort AM• I>I—ES MADE To ,>a DOMWNT A IT LEA" POSSESSKMC Nr. CoP . FACSMEE. ETC OF No la]AENT IaIST K c AIIED To NE paw+lE Sam. SEALED ND DATED DOa>b1T To NSLME THE ACPaIACY OF TK NFOIe1ATY SNOM aE i ANY S OOPY. AMO To WW E TNAT W Sia, OW45 NAIE ETN "M 5) ANY 9W5 WACE UThnES NOT 90w HDKO . NEFE NOT YAW(m W I APPROP1aATE ,rills COMPANES AT THE THE M NIS 9A`.EY CIENT/CONTRACT011 WST CWTACT SPECEIC UTILITY C ANES TD `[MY 1 Bp N THE IOG AHD TIEPM OF IESPEDTNE O1lIT[S AmiYNAL SIR*'fM RCIN At E RE0,MED To 9De ANY SOOT S AMMIfACE UIUTY IIIGTa13 oN NIS OEAIMD RISER aTY 9IRSEYS IMU HDT BE IE9'q®E Flat FROTECTM 6 SNBMBAQ YTl11E3 NOT YAHeED W TK a AT THE 1.4 6 TIRS AHD IDT : 1 \ I \ SaITN a GIBSOHI 9.e0HSdM. ACCaIDaIC TO THE i>MK Fur ,IEM6 aECaDm rEDWAARY T. ]CID N RAT eWl( T AT PA¢ 13 AS WE YIOC MO \ SOeTET. 4 or, 6 ASPEN .i CWNTY Or PI1lN s. rA P� r151 � •�,� STATE OF COSDnADO \ `�6IPS.•,MR.gl�.r�atC ----`--^ice-3�XY:.6itlt•,i,Y],NL9IB�' \ \ �� � vy;gvor'e Certihlcete \ E "%c A oowm eaer0 A EOSTIM PR6E9 LAD STMtETWIL \ / i \� UMM N TK STATE Or LnDRADD. DO IE]®Y CEM16Y MAT T i �T 9DM1EY RAT AID T POCAMIK SDRSEY MAS FEEPARED BY RIEIt . , aW'U M LLC. rDo=orl oesd A,EDa1E LLL AID 51EWT PnL 7 ASPOC t MAT IT6 AE AND fmECT TO THE BFSY OF MY MoILEDGE� AHD R RMEnE1 T TIE aERD.ENDITS DM THE AbW OCOad)D \ tS C[EIEtD� FArtCQ a THas DAME ► TDos D(gPr URITY CTRNECDDM& AAE \ \� / piMELY arlllar THE BO AO M THE UARCD P- DICFPT AS SIR MC THAT DEl1E AE fD FNOM THE DFSOmm PRflaY3 BY OtOACroENR } aPROSODIIS ON ANY Al A PIE)OM DICEPT AS R TM AND 1NAT \ DEllE a W A -A T EWMiM a 9 OF ANY Ek.3"T 0OW4 M -. BMCEMNC MY PMT Q SAID 1. E1,ZPT AS SNDNE TNS DOClrlplT DDCS MDi IEPIESFNT A ITnE $FANOI BY rrwH Ott SHNSEYS 's�:er,•ra LLC TO OETFIRYIE OPNCA9rP M EASEIEDiS ff RET . ALL M MATYN } 910w HE]EDN KCARDW ONEMW. EASDENTS ND OTHER EICLIMN45 \ h /! \ �� - Q EC[1m eA5 DeTAMEn F,NAL AND 5,1.ER TO A nTLE CDYYHDa]fT PTIOKE➢ V SMWMT TU Or ASPDA MAC ORM NQ M]mA AY \ \ rtt/n/A \ Lag A" IEAAD I DISTANCE WE I In ? 135 U ,a2T ua S SI. u 1S52SI — LE6&V — 0 SEA u nu u �zN m Z.Ar uwnd. 0 O0-1 � Na,a YmnoN Lii Nl ATTYI 0. T 0 Plgn. PNlmlr wlr ®YMr Oar LT] 2aT pd e.w vr,. :0-.- a. IL El Na-m N., e7A W M" D.c a — ® D.c Yuwd. Osw Rat a .. ft5.( NN S 9rr ' a PI1Y C.M. %S 1290]0 CMK / LrpN Rtll. DELTA iN B.rNR YIVN. aICURVE E q +1S SSSO 1- z,a , AS 1 q a sesA Eam x.h mm . a C5 G lea I313 MO0 IaTI �4Y7-- T.]A a61 NOBZlMi la]a C] V91 DaM A. Cooper Cab. Eep. 1.LL 0 2"M For, nnE on sehdl DI Over CBY Surm . LLC. • • • '�T �0 SKETCH PLAN - ZND AMENDED PLAT - — yam+ .SOUTH & G I B S O N 5 U B D I V 1 S 1 O N 1) THIS DMO AMONEED PLAT OF ,HE SOU , t ORSON SWOrA CH HAS BEN PREYAREo "MANY ro N ACCORDANCE MM Ott ci-CIB ON ,. F `R r • SITUATED IN SECTION %� TOWNSHIP 1 O SOUTH OF AN wooNER _ (SEEDS R t uo nc sa,w T msND slBdusa SUBDIN AORELSATARESE CT TO THE MINIS MELATDSANELAND SINS RUT ARE SI6ECT ro TERNS Arm C«OMMS SAID T��;�NRAI t -s' ISIO.SO' 1" PJ /' RANGE 8 4 WEST OF THE ISTH P. M . aY ALL AND THE Aa AND CONDITIONS O THE SIEDIMSCN ACIEL,ETIt, AN) BY ALL a EN APPUCAIE wD R Ea u a s a nE an a .vrtN THE TERNS AND CITY OF ASPEN PITKIN COUNTY COLORADp r r CONDITIONS OF SAID DRDNAM(r SAM AGROWENT. AND a MS PLAT SHALL MAN ON THEv+D ASCOVENANTSRwawc THE SAME. w L13- r,. ` q er14 - '- -" -_ - _- --- -- _- Q3T rw-_ _ .MErn'�ri� KY 2) THE pLOT,MG HOLFEEMIDAR NEED HOT E DENaISED ro AT. ACK THE MAI CREATED LOT EIGST F RES AND THE ET EO NDNAIL $ PLC SEERONL AREAS YAY CANINE ME ERST R« THE IRE OF THE SE TOO ) LOTSIyD LLEC. PMADO REDEVELOPMENT Yl SVILICILRW,ASONS « ES THESE TOO (E) wrs Y 04 COMM LY ON THE R-e ERNE BAND S RBACK$. NISI RESPECT ro THE TAINED N r � I• an ENpEFD) r0N THE ptt O TH 4 t � I COLORADD. W HEREBY M+PRWE TMS m AMENDED) RUt a THE SOUTH t pespl _ I SlmIN90w, ro E RECORDED N ME OFFICE Or THE 6DN AND RECORDER 6 1pT LOT Y O BOINDARES AND SEIBAQs. OEEE VARIANCES ARE DLLs OBTAINED s) Dtw.vPMpr « Wts T Am z SHALL E we.Ecr ro NE TERMS AND / `� (\ ,/y \ \ / I Nn« COW". �pRADO, THIS DAY 6 �j T� it ` \ \ / OFROM TIME I E To FINI OF nF A9'EN LAND usE CODE AND AS M.T d/ Y ( an, ENDEEE a) M E SIML E y "n S�MSW OE ETWM Wr N r E E N 1 ll/ / % \ '4 �� NLT� �:�'.\ `ate �•"'� \ \'\ SHACOMLL A01 B CONSIDERED FURTHER 41B NA OF A°�WTA'1 K'n✓�oYs`algY`''R Tf ' I' / / 'i {, \ � •, f4 \ / \ \ MIDI Hyln OEFNoPMm D R EnVNM NIS RESiMCT16L / ! NHS m ANEIIED RAT DE ME SMM t ORSON S'mMEINRI, Ott ? ASPDA I I S) NO STNICRAES OF TREES MAY E PLACED N THE MCN-EiCLUSAE COMMON .i T / B^ / \ CATKIN 6 RT,aA $'ATE R "La"ADD. HAS MEw 1P'W"a BY THE Cp.11NTT � FASDEHT SHORN IURW WNwl11i TIE gwY159« DE THE CITY ENOREEE AND a• OERRIPMENT DIRECTOR O" N[ O1T O ASPEN, STATE O CO«ADO, « NO � APRICAIE/AFTECFOO UTILITY PRO•AERS ''T DAY O Daps Y 0/0 S D Rr '�, ALL MTALIE�D w TI[ 9NO s1ETT1lAFNgE OFMTED KAEbI M„rpN a LOL.RIED NNtt 4\ \ CITYF SEE. GLOB« p aT' 0P ASPEN. CQpADp 1 (]D) FEET MTHN THE GO" ATENL/ WU'CN STRSEI NTERSCCNPL c yj \ eAss K BEARINGS F« Nrs SR EY a A EANNc a Szv x' o E ETWI ~ V• / I . } E rim \ S NEW FLALY COED yaR11 NTs .Law NE SOJNEwzTGLY RIOFAn. AS �� �r rl �tk r / / ..\ \ FAP�SI� i��• i / \ \ oG� �x eec m AWTror., � MaE F,uT DEnetED IIEIEpI INS IIHD AMENDED PLAT WAS APPeDSEp By THE CM u WO,FCL 6 THE an a FR NE AF«ERn OFON NEE« I TIIB.ECT R ALL . EA-1- ASPEN. SUFIT, PRORR OE-wrs. « onEw ESTaCTIONt a RECORD. As SUCH ITEMS Tu{ECr TINS \Gh � /� / err / ♦ _ \ � � ` .,� . \ \ \ �9Lch : ASNo� srAD CIE axnwHloo� wr a T+ Fnoven. ATTEsrATIEkTY CIEs EASM ,P(m SUCHMY DEFECT ro N N SR�r - ISn UT (W WDRQ S ."ER TOM,SSI 11 V .' YYY/JJJ /\- y ! \ \ ./ I N16 AMEI E�EOOSMtt[II®`�MaD 11W1 A!I (+MY o) YEAARS EPROM THE DAATELWO My IOF CT N !/ `` / `\ QwraR Q ASEH - r+ CrnmC.ROM sat momm �/` rrMe re "As n —_c ^y -RiVmR z 3 ,D) RWR ptt SAT ENS OLL NOT E IES«SEE RN ANT CNMGES MADE To INS DOCUMENT AFTER MOST BE m+MUDn�DIODANY I % Y' ESMM AND im V1 C i • / I - -_ � ; - _ - 41 \ \ J DoaREwT M NS/E THE ACCRACT' OF THE POCRNATDw SgMI a ANY SKN y p /--• COPY. ND TO vN91RE MAT NO SUCH aNANGES NAK BFFN MADE. S•�. ^ I ; • ; ! /J • / ` /� \ "' s` r •� , \ \ tT) ANY ARSIINAQ uruYES NOT 90MF HEEENA PERE NOT N ED By O//�� N/�A/.• iE=� \ _ n- �l-. _ - \ MIPOPIMTE uhJI COMPANIES AT THE TIME OF NOS ARtE'T. a/EHT/COIFKN TNACla1 �b ti i lVOS / 'J / \ 0 FACTMUSTOF RCSSP YIE UTIITMY ADOTgw�AL SURVEYING POPPTo Y THE r BE ROWED ro i �� e� SWR ME SuCN SIBSRFACE uttlTY LOC"KH'S « OAS OK—N& Rr EB .,Y • .I,t ssip /r�r? ff /lJ / \ '� j` : \ \ / / \ \ \ IN SURMICISVW T«d D ATT�T NTHE BESIBLE T OF MS SJT R%RLET6. ALSREA¢ u1R1TEs NOT Oi/ u) LE ORDNANCE DOA —OF THE TWO LOTS MUST E 971M Bi A ( ! S/' •\ , •�:.�C. +3 ` c r' \ SwEF DwRF« mnErAr. i Y •�' �,ING� 'C (•'A•+ • ' �. \ � \' \ \ \ DC , t3) M NON-ED3NSSE COMMON EASEMENT a FOR RGAO*AY, DRANAQ / - LO I i / \ YRIO.OEMTL SDETFAUL CIlll AND OCHER!. AND UIUnEe RlPOSES r 1 - ) U✓�NrJ' `�/" �1 -sty 4 �f� \•- _ \ \ /tQ : ta) FwAL oEs« CIF ru sTE RwRoPEMEwTs (RnxoLOENTs ro E MADE N THE I ••'•'� \ _ .rI? `5r _\ \ ODIY RGHTS- F-uT MFD/« MMN NE AREAS Exp1NEAm ON SETBACK ' ,LD ECU R]EHTS) SHALL E SUBMITTED ro THE CITY ENGINEER F« EVEE AND -JvQty✓ W*RxY COIFS ITT APRn YPN F« 0CAIT+Ewr ON LOT I « s 15) ENANEAL SE E PR MI AGCOIIOAMQ E O N( SRgMSW .sROKMCNIS J v y P ✓Rtl � i • / ' _**2c /' riiO"F_r/I�y"p// �1 S / /-� Y \ ` AaEDEwr 9 M1 E R O /m AT E TIME a pLRUMC PERM T APPUCATPN 1>r ' j" /F �� � �� � i � �' J* ` L � � / G��� �� � , �` - �T '� � `c�' \ � ��we�o�sas<.>-rse eavrr.>±a•.+zx:::uK.'ece�m.. 6 < \ //jy /PI • �; `+' r , ' ~' / \ Gc ..-..�'S`..'L.s .yt' NH'lT': "w..'� r•'1Y`'\ \i i NF / / 1. / / �/ I . F •1L \ ��{`s� /vr'• / a�F -.) / \ laar ALL PERSa6 8T rIEEEE Rp3/iTs 1NAT BERG SEE / OMENS) INTYMOROF ROS.OK « TIEkATE OF DERSCOME A ALL ID R RFJLL PROPERTY D SUArm N RFC ONS tt Q HNat STATE R COEDRApO. SAID EAl PROPERTY DESCRIBED f, $ //fi ,,• , , 8, - _ E 7 / • • H. _ , ...�6 f( - u ,cam AS S I ANY _ LOTS 1 F C L SQ1M AND, �A SHRMSb. aOr C ASPEN. CtlRtt OF R N. d / j ZJ STATE OF CAL«ADQ SAID PN CFL fAlIrANRFp OSO Ap[$ (E 1.9m SOAK FEET). i All A 70 1 N /S \ \ '$4 MORE « L6S ALAI SAD DMEA IIAS CAUgD NE SAD E "M"'Y' TO E 9 a.rr a�rK ! • T_Q y w i ` sT N Pam, M1s f \ I.. \ uo OUT MD Ssncxp AS nE sounH a aes« sLmMsa. A STEMS« OF A �! A. H.PN�P a bNY r i' i i / . ' �dG,� t v R _ '�+ ryQ ' \ PART OF THE CITY O ASPEN. COI NTY E NTIN, STATE OF COLORADO, ' r . 4 ` / t Ae� ` RS/zvv ` ♦ , wu' \ / ` I ETEarhO NHS DAY 7 An axis. A. / / • i y ' / ' _ ` - /' J ` i STATE OF Ca«ADD ) TE • M/'" i • - - ` _ / \ '9 \ ' NE FOEOCK omSAnOI VAS AaPgRmCID BEIGE ME nR plT s��Ltt�t;p+p•�;�- �. EF Ca nsON EXPIRES ' 4 /A9%N \`'^-•'/ \ •� ' /' \\ A \\-----..____ __. ; .TESS .v HAD Ara SEAL 6 NOTMtr TvaFc NE INCERXNED. A OKAY wnHONaD \.,.+•...6 EPRESEHTANVE a --`•`T==YR+ryriM-�TX:'SiW1�+7a.AY:?HN'.w�4'Tc.•»•Y¢Y>l+eb� J.P•" \ USRM14 COMPANY "NIWIID TO DO KOY ESS N ATE OFSFD nnE A THE STATE Y COLOUID yV�I�E� C �y�F I \ THE RE OESCERTIFIES RUT R.WS-AMRHCA NiIE NSNFwDE COMPANY HAS E%AMOFED '�L��[[ �++. A `7- + AND F�EHTSCEAF., 0' THEotwn aDu[ AND ECORM Or RNOI WN1 CO. E[ RlT TITLE —w 4 ME HEREON DCMMD EKUP 'a RFOPFIRtt ASKATE N PIE C"n OF Raw SEAh OF COL«ADO TS WSIED N N RI -----'---'-r - ------------ SIMPLE SLF.E.pF R cOFi�rprT� . ' ,f \ LOYf /AQCE UCENSm TReN1N ME UN5 O TIE STAE 6 pLOIFMxI, MAT TMS PUT Iz A Q} 47C'f i. 1 'l /' \ EA1MG pST.W(E L DAMD A. COC m DO MERERT CERBF, n T I A. A ECTS:M m uM 9M••E1VN DATED MS DAY OF �I ��7 F-' M4 L` L, 1M TRUE. CORRECT AND COMPUTE PLAT E THE by AMENDED RAT, SOIM t WsoN 3.35 S.rOMSDIN. AS LAO alt, RATTED. OENCAMD AND SHOWN TEE«. NUT SUCH 4 RAT .AS WIDE FAD. AN AC TE SNRKY a SAID PRaPE- By NE AND UNDER ¢ e.p H WIi.UASOd EASEMENTS, �C STREETS OFTLY �SAD THE HIM�9(NTpNEI�" A THE S ME ARE F iF: y is S).SI. STAKED LHNN NE GROANED N [aRIANNCE MM APRJCABLE EG "K`O`LA Y - J 1L61`'D — U w M.'" am COW7-RNG THE SUBDIVISION OF LAND. Tj N MEAE SET yT HAD AND sot Nas im I MOM. Mo+Ha An zoos. DaNd A. CDopRr •7'� F am ANo ImaxoF:.'' ~�''"' F u 'u tzRo PApO RE /+q, \ m S.w MN.ww d almwT U, 1 Ixe) Aw __ i q / i ®P^O^• P.IMAm ®°HO © N.H. M.I. uz La CDIa t FLS 1290.1E ,9 N S M �: r ` •" y ; R6 m TIME PLAT 6 NE s B ! CALM SFBp,BpN OAS ACCEPTED r« �h< Npranl For and on 6etIN of 30 91D N TIME MtM MAP SCALE 1 INCH - 2000 FEET / po NFH. — 0 GRA M.H. / r � ®Eec M.PMe Q Eae Be. / aENI Res / .awls SAI NR. s R•Do t RNI. c. P3 I zcasD LLKYB TALC£ arF+E A A O L.H+u Ow RarOA mu *NR.P, eNs•w DHRCII1AH.n C,RLE A C ♦.1! SS.sO Ile M 'r lD CI a seAA Benee M-94 N "eFE 5132 a OFFICE O UNE CIER( MD ECDRpFR O' PION purr Cly Surv*p, LLC. AT OONAX SIRS lots v ) �y"• - r •+H•VL'.: 21 "SSii''. R.�•' p'N. • N RAT RDOI _ « PMZ .4• 'p✓,� J � ri'm el LAN9 -i �.'MDERH.a t6aH3ps G l v OF ASPEN VVP&—tT PAID bAff REP NO. Clry OF A6PEN HAE1T PAID �� REP NO �Idwr (' -a Y Y Y6 WHEN RECORDED RETURN TO: Name: Centurion Partners GS, LLC Address: c/o John Sarpa 300 South Spring Street Aspen, CO 81611 � t) J E i+ ;1 ---- -----..----r-----r-a 514519 09//08/2005 04:0E SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 459.50 F 45q.'5° WARRANTY DEED THIS DEED, made this 8th day of September, 2005, between Gibson Avenue, LLC, a Colorado Limited Liability Company of the said County of Pitkin and State of Colorado, grantor, and Centurion Partners GS, LLC, a Delaware Limited Liability Company whose legal address is c/o John Sarpa, 300 South Spring Street, Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Lots 1 and 2, SOUTH & GIBSON SUBDIVISION, according to the Final Plat thereof recorded February 7, 2005 in Plat Book 72 at Page 12 as Reception No. 506797. County of Pitkin, State of Colorado. also known by street and number as: 805 Gibson St., Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto 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 grantor, 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 grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the File Number: 44126-C4 Stewart Title of Aspen, Inc. 514519 Warranty Deed — Photographic Record (Extended) TRANSFER DECLARATION RECEIVED 09/08/2005 Page I of 2 III II 514519 Page: 2 of 2 SILVIA DAVIS PITKIN COUNTY CO R II.00 9/08/2005 0 459.50 0E grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESSXH, /` REOF e grantor has executed this deed on the date set forth above. / i g William Bie cringer, Managing Member of Gibson Avenue, LLC, a Colorado Limited STATE OFEe}oraflo FL. OR1 VA COUNTY OF F41t-iti DADS fI'' The foregoing instrument was acknowledged before me this WjgQ),,ES day of SEP► B� R 1 Llll , by By: William Boehringer, Managing Member of Gibson Avenue, LLC, a Colorado J Limited Liability Company My commission expires Witness my hand and official seal. Notary Public: ?°` - RL SEAL f xo S. Kelly P .�0 .� •�'.`• ''+� '•: �? yl i OFFICIAL S� Madeleine S. KOy D.D.# 373390 �' o�ew,br.c 1B t k,1U04� J •� File Number: 44126-C4 Stewart Title of Aspen. Inc. warranty Deed — Photographic Record (Extended) Page 2 of 2 :'FICIAL SEAL ;,r ,,Islne S. Kelly 3733390 , � ��,�_ pp yr� tinrnnl,` �' hlj' ,,.l;-.'-r,•,�n rrrp� 1`i cw0 Impression antibourrage et a s6chage rapi www.avery.com I o AVERYO 51600 Utilisez le gabarit 51600 1-800-GO-AVERY ALLEN DOUGLAS P I ARTHUR STEPHEN F I BARNEY DESIREE H & SAMUEL T 403 LACET LN PO BOX 4871 I 211 COTTONWOOD LN iPEN, CO 81611 I it I ASPEN, CO 81612 I i ASPEN, CO 81611 BOYLES BARBARA BROOKS LAURIA J ( BUDINGER PEYTON E REV TRUST PO BOX 192 112 MAPLE LN 728 E FRANCIS ST ASPEN, CO 81612 ASPEN, CO 81611 I ASPEN, CO 81611 II II BURROWS ARTHUR & COLLEEN I CAMPBELL BEVERLY ANNE I I CENTENNIAL ASPEN COLLINS I 207 COTTONWOOD LN I A LIMITED PARTNERSHIP 410 N MILL ST #B-11 ' ASPEN, CO 81611 I 0 ASPEN, CO 81611 i I, I ASPEN, CO 81611 I I CITY OF ASPEN I CLEAVER CHRISTIN CLARK ! I COX ROBERT 130 S GALENA ST I PO BOX 8993 I 112 MAPLE LN ASPEN, CO 81611 1 ASPEN, CO 81612 I ASPEN, CO 81611 CREEKSTONE ASPEN LLC I CWG HOLDINGS LLC 1 I DANFORTH DAVID N 4545 POST OAK PL STE 100 I 15 WEST 63RD ST APT 29A I PO BOX 1863 HOUSTON, TX 77027 I NEW YORK, NY 10023 I I ASPEN, CO 81612 I DAVIS SILVIA I I DRISKELL DOUGLAS I FORDE CANDICE MARIE 509 RACE ST 1 200 COTTONWOOD LN 1 210 COTTONWOOD LN ASPEN, CO 81611 I ASPEN, CO 81611 I ASPEN, CO 81611 i 1 GOLDSTEIN GERALD H & CHRISTINE S 1 GONZALES STEVE GREENWOOD GRETCHEN PO BOX 2045 - I 105 MAPLE LN 520 WALNUT ST ASPEN, CO 81612 I I II ASPEN, CO 81611 I I ASPEN, CO 81611 I GRIFFITH PROPERTY LLC I I I GRIFFITH PROPERTY LLC I GUPTA BENJAMIN K 225 N MILL ST #8 I 709 N SPRUCE ST I 5805 S 86TH CIR ASPEN, CO 81611 I I I( ASPEN, CO 81611 I OMAHA, NE 68127 �I HARRIS DAVID G & MARGARET ANN I I HAUENSTEIN WARD & ELIZABETH I I HAUER MINEKO 533 SPRUCE ST 1 535 SPRUCE ST 1 202 COTTONWOOD LN ASPEN, CO 81611 1 I ASPEN, CO 81611 I ' ASPEN, CO 81611 _. iNSON ELIZABETH A I I JUNG DENNIS PAUL & LISA KANE KAUFMAN STEPHEN M TRUST 115 MAPLE LN I PO BOX 8351 I 3 RIVERWAY STE 1350 ASPEN, CO 81611 I I I! ASPEN, CO 81612 I I HOUSTON, TX 77056 JII A)13AV-09-008-L I ®09L5 3ltlldW31®band asn 09LS ® ®��3/�d a wortiane-M Mn 6ullulid aau3 a6pnwS pue wef ._ ---- --- Impression antibourrage et 6 sechage rap v4ww.avery.com .�� 1-800-GO-AVERY ANERV 5160 Utilisez le gabarit 5160'9 KING CHRISTOPHER & DONNA I LAWRENCE TERRY KESSLER CHARLES D & DIANNE A CLOUATE I i PO BOX 942 14 MAPLE LN PO BOX 3065 I 1 PINE VALLEY, CA 91962 .iPEN, CO 81611 I ASPEN, CO 81612 I I LEBBY NICK I; I i 1 MACK EDWARD E TRUST I I I I MILLER LEE L C/O LA COCINA INC I C/O LITTLER MENDELSON 11575 FOLSOM POINT 0 I 0 FRANKTOWN, CO 80116 ASPEN, CO 81612 1 CHICAGO, IL 60601 I , I MILLER TROY CHRISTIAN I i MORSE JAMES A TRUST I OAKES KEN 204 COTTONWOOD LN 213 COTTONWOOD LN I I 107 SINCLAIR DR MUSKEGON, MI 49441 ASPEN, CO 81611 ASPEN, CO 81611 I Ili I I I PETERSON ANNE BYARD ORTIZ MICHAEL I PEEPERS HOLLOW LLC I ANNE PETERSON RICHARDS BYARD 520 WALNUT ST I I 728 E FRANCIS ST C/O ASPEN, CO 81611 I ASPEN, CO 81611 1 0 I Il - - - - — I ASPEN, CO 81611-2112 - - ! POWELL MARY FRANCES W DON PHILLIPS JOHN E & LYNN D I THORNE MICHAEL JEFFREY 1 OX 1573 PO PO BOX 305 OAK LN 1 0 I ASPEN, CO 81612 ASPEN, CO 81611 . 1 I ASPEN, CO 81611 1 RICH ARDS WILLIAM J & JUDITH M 1 I ROSENFIELD DAVID BARRY & MARIA I i SEYMOUR EUGENE H & JUDITH K 390 N SPRING ST PO BOX 2534 I I 3382 DEL DR 7019 TX 7 HOUSTON, TX I I ASPEN, CO 81611 ASPEN, CO 81612 , I I I SOSNA DALIBOR & DOMINIKA I I � STONE PHYLLIS STROBL MARIO J 110 MAPLE LN PO BOX 3970 108 MAPLE LN ASPEN, CO 81611 i i ASPEN, CO 81611 ASPEN, CO 81612 i TAYLOR LAKE EQUITY VENTURE LLC lI i I TUITE WILLIAM E ll VAIL ROBERT 307 OAK LN 728 E FRANCIS 1 212 COTTONWOOD LN ASPEN, CO 81611 I ASPEN, CO 81611 ASPEN, CO 81611 I I' I(, VOLK RICHARD W FAMILY RESID TRUST i VOLK SUE J FAMILY RESID TRUST 1/2 1 i WALDROP L MEL ` 1/2 i 2327 MIMOSA DR I 1 209 COTTONWOOD LN 2400 SUGUSTA #340 I 1 HOUSTON, TX 70719 i I ASPEN, CO 81611 HOUSTON, TX 77057 I I WALNUT PROPERTY LLC I WEISS DAVID S I WIENER WILLIAM B JR C/O CAMILLA AUGER PO BOX 11911 333 TEXAS ST #2375 SHREVEPORT, LA 71101 0 I ASPEN, CO 81612 ASPEN, CO 81611 I 1 — -- — — -I I ®09LS 31ti1dW31®band as( � I A113AV-09-008-L �� 6ul3uh aaa3 a6 nwg pue we _noIe — iL=wy o—A utortiane•nnnnnn Impression antibourrage et a sechage rapi ` www.avery.com o AVERY0 516019 Utilisez le gabarit 51600 1-800-GO-AVERY is I YOUNG DENNIS & ANDREA ZUPANCIS ROBERT L I PO BOX 133 I PO BOX 11481 PEN, CO 81612 I ASPEN, CO 81612 II; III il� II Ij III III il� ,I I III �I lI I li I �I� t li I I I � I .I I I I I I I I' I� Ij I I� I I I I I �I �I I I II I I i II I I i I .ill.. Il l I, I I� Jl2l3A�d-09-008-L i @0915 31ti1dW31 &kany asn ®09L5 ®fib o wow tiane-AAmm e I 6ui;uud aaJ3 a6pnw5 pue wer 50621 1 I� 01/20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 ORDINANCE NO. 16, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-073-00- 031 WHEREAS, the Community Development Department received an application from Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC for Subdivision app"roval and Growth Management Quota System (GMQS) Exemptions to subdivide the existing lot into two lots for the development of up to three primary dwelling units in accordance with the City of Aspen Land Use Code; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Parks, Zoning 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 proposal 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 for up to three units on the two proposed lots; 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 three to one (3-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, II I I I 506211 Page: 2 of 7 �I I III,I 01/20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 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 approved this Ordinance (on Second Reading) for Subdivision; and, 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 South and Gibson Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance of a building permit for either new lot: a. Park Dedication fees shall be paid for any additional bedrooms that are added j above and beyond what currently exists on the site, as determined by the City Zoning Officer. b. Cash in lieu of school land dedication shall be paid. c. 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 to the City Zoning Officer for review if a credit is to be used against any required payment of cash -in -lieu of an accessory dwelling unit (ADU). d. Any proposed new dwelling shall demonstrate compliance with the Residential Design Standards or any needed variances shall be obtained. e. 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. f. An outdoor lighting plan for each residence shall be submitted. g. All tap fees, impacts fees, and building permit fees shall be paid. h. The private well for the existing house must be abandoned and a new municipal water service installed. 2. 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 506211 01//20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 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. 3. 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 requirements of this condition shall be noted on the subdivision plat and in the Subdivision Agreement. 4. A common driveway shall be required for access to the lots and only one (1) curb cut shall be allowed. The applicant may take access from either South Avenue or Gibson Avenue; however, the driveway shall be placed as far as practicable from the South/Gibson Avenue intersection. A hammerhead driveway shall be constructed to allow cars to turnaround on -site and avoid backing onto the street. 5. The applicant shall construct a sidewalk, in compliance with City of Aspen Department of Engineering standards, for the entire portion of the property fronting Gibson Avenue. The applicant shall also construct a sidewalk partially along South Avenue to a point near the intersection of Gibson Avenue and South Avenue that the City Engineer determines is sufficient to allow safe pedestrian passage to the sidewalk on the north side of South Avenue. Prior to recording of the final plat, the applicant shall also sign a sidewalk agreement agreeing to fund the construction of a sidewalk along the entire South Avenue frontage at such time as the City decides to undertake such construction. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single `non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Avenue 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 demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re -grading Gibson Avenue The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either Lot 1 or Lot 2, whichever comes first. No final 506211 Page: 4 of 7 01/20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 inspection or Certificate of Occupancy will be given until 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 intersection. This site triangle shall be noted on the plat. 9. 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. 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 Lot 2, the 15,079 square foot lot. This restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot. 12. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permits on both lots. All soils on Lots 1 and 2 shall be considered contaminated unless ( determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing protocols, the soils are found to be uncontaminated, the following requirements shall not apply. However, to the extent that any contaminants are discovered, the following requirements shall apply: a. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non - permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. b. The owner and general contractor of any development on Lots 1 and 2 of the South and Gibson Subdivision shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. IPage: fi p 2 �1 7 01/20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 c. The owner shall complete a Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the properties. 13. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. 14. The applicant shall be required to test for soil contamination in the area where the previous owner stored an aboveground fuel tank. If the soils in said area are found to be uncontaminated, there shall be no further requirements. However, to the extent that any contaminants are discovered, the requirements of condition #11 (a) and (c), above, shall apply and the applicant shall be required to notify the future owner of the tank's existence. 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 � 0dx4 of the City of Aspen on this 251h day of May, 2004. AT a' �" — eK illilljllllllllllllllllilljllll ity Clerk elen Kan aneru ayor - •FYI FINALLY, ADOPTED, PASSED, AND APPROVED this 28`h day of June, 2004. Kit. City Clerk Helen Kalin Klanderud, Mayor 4 APPROVED AS TO FORM: i�� .ftil�l/1C%GI.Ya John orcester, City Attorney 1111111A1111111111111PIT11111111111111111111111111111111111 JpDAVIS� SIL 505211 Page: 6 of 7 01/20/2005 01:401 00 D 0.00 N ALTA O`Y^(ER'S POLICY EXHIBIT TO* A parcel of land situated in the South one-half of Seetion 7, Town3hip 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado being more Fully described as follows: Beginning at a point whence Comer 22 of Tract A, East Aspcn Acditional Tow7isite bears South 4411 35'50"" East 3.91 feet: thence North 65'03'32"" East 7.45 feet; thence 51.50 feet along the ace of a non -tangent curve to the left the radius of said curve being 741.97 feet, the chord of said curve bears South 89° 1 l'l4"" East 51.49 feet. thence North 84023'24"" East 143.54 feet to a point on the Northerly boundary of the Smuggler Mob.ilc Horne Park; thence Southeasterly along said boundary, South 37°1 1'41"" West 60.04 feet; thence North 4.08 feet; thence South 29°03'05"' 'Nest 102.32 feet; thence North 61°48'00"" West 7.00 feet to a point on the Easterly boundary of Parcel No. 1 as dcscribed in instrument recorded in Book 488 at Page 205, Pitkin County rccords; thence South 29'34'00"" West 108.00 feet along said Eastern boundary to the Northeasterly boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the ief2 having a radius of 940.00 .feet, the chord of said curve bears North 20'30'55"" Vest 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve beuig 220.00 feet; (the long chord is North 11'54'45"" West 37,29 feet; thence 19.40 feet along the arc of a curve to the riot, the radius of said curve being 37.60 feet, (tile long chord North 30045'32"" East 19.19 feet to the Point of Beginning. 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M,MYlelleill ['- AS. ticft 1..,... .a. .�.:,ca i, IIpp 1��51ttL,�tp�]�p�l��It irpl1pyii r��p 506'9; lilt - _ RESOLUTION NO. `� Series of 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SETTLEMENT STIPULATION IN THE MATTER OF STANLEY E. LAURISKI, ET AL. V RUTH C BISEL, ET AL.-, CIVIL ACTION NO. 93 CV 259-3, IN THE DISTRICT COURT OF PITKIN COUNTY, COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT STIPULATION ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement Stipulation in the matter of Stanley E. Lauriski, et al. v Ruth C. Bisel, et al., Civil Action No. 93 CV 259-3, District Court for Pitkin County, Colorado, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, That the City Council of the City of Aspen hereby approves that Settlement Stipulation, and does hereby authorize the City Manager to execute said agreement on.behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the a3� day of , 1995. T John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by. the City Council of the City of Aspen, Colorado, at a meeting held on 'the day hereinabove stated. Kat ryn S. Koch, City Clerk lauriski.res DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO �-A _��S Case No. 93 CV 259-3 SETTLEMENT STIPULATION l/ STANLEY E. LAURISKI, a/k/a STANLEY E. LAURESKI, AND ROSE MARIE LAURISKI, a/k/a ROSE MARIE LAURESKI, Plaintiffs, v. RUTH C. BISEL; RUTH BISEL; WILLIAM H. LOUGHRAN; CITY OF ASPEN, COLORADO; COUNTY OF PITKIN, COLORADO; and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and. Rose Marie Lauriski, a/k/a Rose Marie Laureski; and defendant, the City of Aspen, a municipal corporation, including John Bennett and his successors in office, as Mayor of the City of Aspen, and defendant, the County of Pitkin, Colorado, hereby stipulate* as follows: WHEREAS, the parties hereto comprise and constitute all of the known parties to this action; and WHEREAS, the City'of Aspen, asserts ownership of a portion of the real property described in the complaint; and WHEREAS, the City of Aspen and the County of Pitkin, are satisfied that Plaintiffs have a valid claim of ownership of a portion of the real. property described in the complaint, by reason of previous deeds of conveyance and adverse possession for a period in excess of eighteen (18) years pursuant to Section 38-41-101(1) of the Colorado Revised Statutes; and WHEREAS, the parties hereto mutually desire to settle this action in the manner hereinafter set forth, and such settlement has been approved and authorized by resolution of the City Council of the City of Aspen, Colorado, at a meeting thereof duly called and held onQcTnF�cP --3 , 1995, and the Board of County Commissioners of Pitkin County, Colorado, at a meeting thereof duly called and held on - 19 9 5 . I NOW, THEREFORE, plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, and defendants, the City of Aspen and the County of Pitkin, by their respective attorneys, stipulate and agree as follows: 1. The title to the real property described in the attached -Exhibit A, which property is a part of the property described in the complaint, may be quieted in plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski. . 2. For purposes of any future application by plaintiffs or their successors for a development order, as defined in Section 3- 101 of Chapter 24 of the Municipal Code of the City of Aspen as such section exists at the time of this stipulation and as may be amended in the future, the property described in Exhibit A shall be deemed to have an area of 22,882 square feet. 3. Title to the real property described in the attached Exhibit B, which property is a part of the property described in the complaint, may be quieted in the City of Aspen subject to the non-exclusive reserved right of plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, and their successors in interest, to use, occupy, and enjoy said property except to the extent that the City of Aspen shall undertake construction of a public roadway, sidewalk, underground utilities or underground drainage facilities or other public improvements. 4. Title to the real property described in the attached Exhibit C, which property is a part of the property described in the complaint, may be quieted in the City of Aspen. 5. All parties hereto shall bear their own costs, expenses, and attorneys' fees in this action. 6. Pursuant to the foregoing, a decree quieting title in the form.attached hereto as Exhibit D may be entered by the Court. Dated this 7OT1 day of�, 1995. I TADDUNE & GUEST THE CITY OF ASPEN Paul J. Tad une, #10824 323 West Main Street Aspen, Colorado 81611 (970) 925-9190 Attorneys for Plaintiffs Jo cester, #2061 130 South Galena Street Aspen, Colorado 81611 (970) 920-5055 Attorney for City of Aspen ,�0509 San ra Stul er, 106 South Mill Street, #202 Aspen, Colorado 81611 (970) 920-1018 �l John M. Ely, 067 Attorney r the County of pitkin 530 E.-Main Street Aspen, Colorado 81611 (970) 920-5190 EXHIBIT A A parcel of land situated in the South one-half of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence Corner 22 of Tract A, East Aspen Additional Townsite bears South 44 Degrees 35 Minutes 50 Seconds East 3.91 feet; thence North 65 Degrees 03 Minutes 32 Seconds East, 7.45 feet; thence 51.50 feet along the arc of a non -tangent curve to the left, the radius of said curve being 741.97 feet, the chord of said curve bears South 89 Degrees 11 Minutes 14 Seconds East, 51.49 feet; thence North 84 Degrees 23 Minutes 24 Seconds East, 143.54 feet to a point on the northerly Boundary of the Smuggler Mobile Home Park; thence southeasterly along said Boundary, South 37 Degrees 11 Minutes 41 Seconds West, 60.04 feet; thence NORTH, 4.08 feet; thence South 29 Degrees 03 Minutes 05 Seconds West, 102.32 feet; thence North 61 Degrees 48 Minutes 00 Seconds West, 7.00 feet to a point on the easterly Boundary of Parcel No. 1, as described in the instrument recorded in Book 488 at Page 205, Pitkin County Records; thence South 29 Degrees 34 Minutes 00 Seconds West, 108.00 feet along said easterly Boundary to the northeasterly Boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the left having a radius of 940.00 feet, the chord of said curve bears North 20 Degrees 30 Minutes 55 Seconds West, 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve being 220.00 feet, (the long chord is North 11 Degrees 54 Minutes 45 Seconds West, 37.29 feet;' thence 19.40 feet along the arc of a curve to the right, the radius of said curve being 37.60 feet, (the long chord North 30 Degrees 45 Minutes 32 Seconds East, 19.19 feet to the Point of Beginning. The description describes a Parcel of 21,937.92 square feet more or less. EXHIBIT B A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian; City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Aspen Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence southeasterly along said back surface of the curb and gutter the following 6 courses; southeasterly 41.54 feet along anon-tangential.curve to the left, the radius of said curve being 736.97 feet, (the Long chord is South 89 Degrees 33 Minutes 40 Seconds East, 41.54 feet) ; thence North 85 Degrees 06 Minutes 12 Seconds East, 32.91 feet; thence North 83 Degrees 50 Minutes 43 Seconds East, 42.91 feet; thence North 84 Degrees 21 Minutes 51 Seconds East, 36.77 feet; thence North 84 Degrees 26 Minutes 36 Seconds East, 28.50 feet; thence North 82 Degrees 46 Minutes 45 Seconds East, 6.85 feet to a point on the northwesterly boundary of the Smuggler Mobile Home Park; thence along said Smuggler Mobile Home Park boundary South 37 Degrees 11 Minutes 41 Seconds West, 7.03 feet; thence South 84 Degrees 23 Minutes 24 Seconds West, 143.54 feet to the beginning of a curve; thence 51.50 feet northwesterly along a curve to the right, the radius of said curve being 741.97 feet, (the long chord is North 89 Degrees 11 Minutes 14 Seconds West, 51.49 feet); thence North 65 Degrees 03 Minutes 32 Seconds East, 10.87 feet to the TRUE POINT OF BEGINNING. The description describes a parcel of 943.466 square feet more or less. sv. - EXHIBIT C A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence North 65 Degrees 03 Minutes 32 Seconds East, 22.09 feet; thence North 84 Degrees 20 Minutes 00 Seconds East, 179.22 feet; thence South 37 Degrees 11 Minutes 41 Seconds West, 15.93 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue; thence southwesterly along said curb and gutter back surface the following 6 courses; South 82 Degrees 46 Minutes 45 Seconds West, 6.85 feet; South 84 Degrees 26 Minutes 36 Seconds West, 28.50 feet; South 84 Degrees 21 Minutes 51 Seconds West, 36.77 feet; South 83 Degrees 50 Minutes 43 Seconds West, 42.91 feet; South 85 Degrees 06 Minutes 12 Seconds West, 32.91 feet to the beginning of a curve; thence 41.54 feet northwesterly along a curve to the right, the radius of said curve being 736.97 feet, (the long chord is North 89 Degrees 33 Minutes 40 Seconds West, 41.54 feet), curve terminating at the TRUE POINT OF BEGINNING. The description describes a parcel of 2,145.30 square feet more or less. ' A • 19.40' ' • R ♦37.90' ' Ct-N30-43.32-E CL• If.lf' ' pot 1' j E '•�• , 344•]3.10-[ ORN[R 22,TRACT A _ EAST AVER. ADDITIONAL 1f1 q. Tow 14SITL ED 9/19/93 SD - .100 A.]T.]4' , R•220.00' Ci-N11-54.43_R f j 2.0., CUR• C CUTTCR CURVE DATA CL-3T.2f' A • 41.3• R - T3 i,f T' ' f1D[r1LR AREA ♦• D]-17.4T- CURVE DATA CS-Nif•33'40•M A- 0147r' CL-41.34' It r .O A.0T 1'25- DESL-2f D dim �i.H �U t� A Ct-iff-Oa'74'[ - CL•33.44 LJ-' , •I- . 0 DESC-r-laab of i �l(a rr 3 ��� 0 2 'L • � J•O. f L� vim' .. .r r`A� cY ` ' 0C', af+Qi3RE- rC'p1.{ * -, •rr• �`��l✓-� 6� �7 new Tt+ �•► I �• y .� Il/ a ' 2f•7l•OO . ei.00• j,00.-14 Rt TOOOO•~ ]2f•03.03'r 102.32' NORTH, 4.Oa' 3 �244i 40 �• i-as' " 3a.i7' �]T-11'41'r a3.00. • ' ;. SMUGGLER' MOBILE PARK MEMORANDUM TO: Mayor Klandertid and Aspen City Council THRU: Chris Bendon, Community Development Director vl FROM: Jennifer Phelan, Long Range Planner Vt(4 RE: 2"d Amended Plat -South and Gibson Subdivision (805 South Avenue) - Subdivision Amendment — First Reading of Ordinance - , Series 2005 MEETING.DATE: December 12, 2005 APPLICANT /OWNER: Centurian Partners, LLC REPRESENTATIVE: Dylan Johns, Zone 4 Architects, LLC LOCATION: Lots 1 and 2, South and Gibson Subdivision commonly known as 805 South Avenue CURRENT ZONING & USE Medium -Density Residential (R-6) Zone District, built with one detached residential dwelling. PROPOSED LAND USE: The current subdivision is approved for a total of three primary dwelling units on two lots. The number of dwelling units and lots will be maintained in the subdivision amendment. PLANNING AND ZONING COMMISSION AND STAFF RECOMMENDATION.: Approval with Conditions. SUMMARY: The Applicant requests a subdivision amendment torelocate the existing lot line shared by Lot 1 and Lot 2 resulting in a reconfiguration of the shape and size of the lots. 5 . y ..-�.-�---- Photo of the subject property taken from the southern corner of the site looking north towards the existing house Photo of the of South_ Avenue property fi-onta- .{.:,, 1. A4 Photo of the Gibson Avenue property frontage P166 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval to redevelop the site: • Subdivision Amendment for a change to an approved plat that is consistent with the approved plat (same number of lots and same number of dwelling units) pursuant to Land Use Code Section 26.480 (City Council is the final review authority who may approve, approve with conditions, or deny the proposal). PROJECT SUMMARY: In 2004, the South and Gibson Subdivision was approved by City Council. The approval allowed for the creation of two lots (Lots 1 and 2), from a parent parcel of 21,938 SF, for the development of up to three primary dwelling units. There were a number of conditions of approval, including the following: only one common driveway and shared curb -cut is allowed for the lots, sidewalk installation along the property's boundary adjacent to Gibson Avenue is required, a sidewalk is required along part of South Avenue, and the approval was conditioned on Lot 2 at 15,079 SF not being allowed to be farther subdivided into additional smaller lots (except for condominiumization). The Applicant is requesting approval to amend the South and Gibson Subdivision plat in order to reconfigure the two lots. Specifically, the Applicant would like to reconfigure Lot 1 from a 6,859 SF lot allowing for a detached residential dwelling -to a 12,151 SF lot proposed for a duplex dwelling or two detached residential dwellings. Lot 2 would be reconfigured from a 15,079 SF lot allowing for a duplex dwelling or two detached residential dwellings to a 9,787 SF lot proposed for a detached residential dwelling. As proposed, the size of each lot could accommodate a duplex dwelling or two detached dwellings. However, the Applicant is proposing that the number of primary dwelling units approved for the subdivision not change, but the Floor Area Ratio (FAR) allocated for each lot would be adjusted. As noted by the Applicant's representative, the purpose of reconfiguring the lots is to create a "building site that is more conducive to a better home design". Also affecting the subject property is a settlement stipulation in a civil action that impacts how the dimensional requirements for the lots are interpreted. In 1995, Resolution 71 was passed by the City Council which approved the settlement stipulation. The settlement stipulates that the property in question be "deemed to have an area of 22,882 SF" rather than 21,938 SF. This larger number includes the subject property and the area (943 SF) of a strip of land located adjacent to existing Lots 1, 2, and South Avenue which was quieted to the City. This increase in lot area impacts the FAR calculation and setback calculation. In the existing subdivision, both Lot 1 and Lot 2 are adjacent to the strip of land and each received a proportion of the additional square feet allotment. In this current application, only Lot 1 would be allotted the additional square feet. The following table compares the proposed development dimensions with the dimensional requirements of the Medium -Density Residential (R-6) zone district and the approved subdivision: P167 Table 1: Dimensional Requirements Dimensional Requirement Underlying Zone Existing Dimensional Proposed Dimensional District Requirements Re uirements Requirements Lot 1 Lot 2 Lot 1 Lot 2 (SFR (Duplex) (Duplex) SFR Minimum Lot Size 6,000 SF 6,859 SF 15,079 12,151 SF 9,787 SF Minimum Lot Width 60 Feet >60 Feet >60 Feet >60 Feet >60 Feet Minimum Lot 4,500 SF 6,859 SF 7,539.5 SF 9,787 SF 6,075.5 SF Area/Dwelling Minimum Front Yard 10 Feet 10 Feet 10. Feet 10 Feet 10 Feet Setback (Principal Bldg.) 6.6 Feet* 6.6 Feet* Minimum Side Yard Varies Min. -5 Feet Min. 15 Feet Min. -15 Feet Min. -10 Feet Setback Total — 20.92 Total — 33.93 Feet Feet Minimum Rear Yard 10 Feet I0 Feet 10 Feet 10 Feet 10 Feet Setback (Principal Bldg.) Maximum Height 25 Feet _< 25 Feet < 25 Feet < 25 Feet _< 25 Feet Floor Area Ratio (FAR) Varies 3405.76 SF** 4474.7 SF** 4325.6 SF** 3,770.2 SF Minimum Off -Street -Lesser of one space -Lesser of -Lesser of -Lesser of -Lesser of Parking per bedroom or two one space per one space per one space per one space per spaces per unit bedroom or bedroom -or bedroom -or-'' bedroom or -An ADU requires two spaces two spaces two spaces two spaces one space per unit per unit per unit per unit -An ADU -An ADU -An ADU -An ADU requires one requires one requires one requires one space space I space space Notes: * A corner lot requires a minimum front yard setback along one right-of-way and a second minimum setback along the second right-of-way at 1/3 the minimum front yard requirement. * * Resolution 1995-71 allows a total of 943 SF to be added to the lots for determining dimensional requirements. STAFF COMMENTS: SUBDIVISION AMENDMENT: The Applicant is requesting subdivision approval for a proposed amendment to a subdivision plat that is consistent with the approved plat. This is considered a subdivision amendment in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. Staff feels that the proposal is consistent with the infill development goals established in the 2000 Aspen Area Community Plan. Staff has included a condition in the approving ordinance requiring that the prior conditions of ordinance 2004-16 be met except for condition eleven (11). Condition 11 prohibited further subdivision of Lot 2 except for condominiumization. Since the configuration of the lots has changed, a condition has been included in the current ordinance prohibiting the further subdivision of either Lot 1 or 2 (except P168 Lot 1, the duplex lot, may be condominiumized). The condition also caps the density of the subdivision to three primary residential dwellings. SCHOOL LANDS DEDICATIONS FEE: The 2004 ordinance that approved the South and Gibson Subdivision requires that the Applicant pay a cash -in -lieu payment rather than a land dedication. The Applicant has proposed to pay a cash -in -lieu payment pursuant to the fee schedule established in Land Use Code Section 26.630. The original ordinance, as a condition of approval, required the Applicant to pay the School Lands Dedications fee prior to issuance of a building permit for the proposed development. This condition has been carried over into the new ordinance. PARK DEVELOPMENT IMPACT FEE: The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee. The original ordinance, as a condition of approval, required the Applicant to pay the Park Development Impact Fee prior to issuance of a building permit for the proposed development. This condition has been carried over into the new ordinance. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Aspen Sanitation District, and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance on first reading, approving with conditions, a subdivision amendment, for the 2"d Amended Plat - South and Gibson Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No.t.� Series of 2005, upon first reading." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A — Review Criteria and Staff Findings EXHIBIT C — Review Comments EXHIBIT C — Application ORDINANCE NO.5Q, (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT — SOUTH AND GIBSON SUBDIVISION, ON THE PROPERTY KNOWN AS 805 SOUTH AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. . Parcel ID: 2 73 7-0 73-00-031 WHEREAS, the Community Development Department received an application from Centurian Partners (c/o John Sarpa) represented by Zone 4 Architects, requesting approval of Subdivision Amendment, to replat the existing South and Gibson Subdivision's lot line location; and, WHEREAS, the South and Gibson Subdivision was approved with conditions .by the City of Aspen City Council by Ordinance 16 (Series 2004) which granted approval of two lots for the development of up to three primary dwelling units in accordance with the City of Aspen Land Use Code; and, WHEREAS, as a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on January 12, 2006, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. _, Series of 2005, approving with conditions, the subdivision amendment which maintains two lots for the development of up to three primary dwelling units on the property known as 805 South Avenue; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 Council finds that this ordinance fiuthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY' THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions the Second Amended Plat — South and Gibson Subdivision which creates two lots for the development of up to three Page 1 of 4 P170 primary dwelling touts on the property known 805 South Avenue. This Approval is conditioned on the Applicant meeting the requirements of Section 1 of Ordinance 16 (Series 2004), conditions 1-10 and 12-14 with the exception of condition 11. There shall be no further subdivision of Lot 1 or 2. This restriction shall not apply to condominitunizing two detached dwelling units. or a duplex constricted on Lot 1. Lot 2 is allowed to have one detached residential dwelling on the lot. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution b. The conditions of approval printed on the cover page of the building permit set. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains 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 5-year storm frequency should be used in designing any drainage improvements. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The constriction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. g. Accessibility and ADA compliance to all units shall be addressed to satisfactorily meet the building code. h. Sidewalk ramps must be compliant with most recent addition of ADA standards (minimum length of the ramp and landing platform must be 10'-6" in length from face of.curb). Section 4: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if a building is over 5,000 square feet in area. Section 5: Water Department Requirements Page 2 of 4 The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. Section 6: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On -site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. If the existing 4" CIP/VCP service line for this parcel will be used to service the single family residence on Lot 2, the existing sewer service should be televised to determine its condition. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more .than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above or in close proximity below ASCD main sewer lines. Section 7: Electrical Department Requirements If a new supplemental transformer is required to be installed on -the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event aneasement is required, the Community Development Director shall review and approve the easement on the condominium plat. Section 8: Parks The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. Consideration should be made for the protection of significant vegetation located on the properties. A tree permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover demolition, excavation, and trimming. Coordination between the contractor, the City Parks Department and the City Engineering Department is critical for the design and construction of sidewalks along both sides of the properties. Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. Utility connections: Parks is concerned with the future connections made for the new development. These connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. Section 9: P171 Page 3 of 4 P172 All material representations and cornmitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 10: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action orproceeding 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 11: 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 Tlie City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 12: A public hearing on this ordinance shall be held on the 9d' day of January, 2006, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the .City Couulcil of the City of Aspen on the 12t" day of December, 2005. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this _ day of , 2006. Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Helen K. Klanderud, Mayor Page 4 of 4 P173 Exhibit A SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS Section 26.480.050 of the City . Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The future land use map in the AACP shows, this property to be residential. The proposed use is in compliance with the future direction of the AACP. Applicable policies and goals of the AACP that the subdivision meets are: locating residential development within the city boundaries and locating development close to the commercial core and transit stops. Staff finds this criterion to be met. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding There are many residential uses with the area including mobile homes, single-family residences, duplex residences, and multi family residential development. Staff finds this, criterion to be met. - - c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding The surrounding properties are close to fully developed. All development associated with this application is internal to the site and will not encroach onto the public right-of-way or adjacent properties. Therefore, Staff does not believe that the proposal will adversely affect the future development of the surrounding properties. Staff finds this, criterion to be met. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding The proposed development is in compliance with the Medium -Density Residential zone district requirements and meets all other land use regulations. Staff finds this criterion 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, rocicslide, 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. i P174 - .-. 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 Staff believes that the property is suitable for subdivision. The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. Soil mitigation is required if the soils are found to be contaminated. In addition, Staff believes that there will not be a duplication or premature extension of public facilities because the property to be subdivided is already served by adequate public facilities. Therefore, Stafffinds this criterion to be met. 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. 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 The Applicant has consented in the application to meet the applicable improvements pursuant to Section 26.580 and no variations are requested. Staff finds this criterion to be met. 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 The standards of Chapter 26.520, Replacement Housing Program, are not applicable because this application does not include the demolition of multi family residential buildings. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash -in -lieu of providing P175 land, which will be paid prior to building permit issuance. Thus, staff finds this criterion to be met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, § 2) Staff Finding The Applicant's project, as proposed for three free market units has been approved through GMQS. Stafffinds this criterion to be met. P176 Development Review Committee Minutes RE: Land Use Application: 805 South Avenue Date: November 23, 2005 Present: Jennifer Phelan, Long Range Planner Tom Bracewell, Sanitation District Dylan. Johns, Applicant's Representative , Nrqy� KEISJ7-S Background: Essentially this application is to replat an existing subdivision and relocate the lot line. No additional density or lots are proposed. In 2004 the South and Gibson Subdivision was approved for the development of two lots and three primary residences. A number of conditions were part of the approval and the Applicant is proposing to maintain those conditions. City Engineer (provided on November 22, 2004): • Same conditions as per the last approval (ordinance 2004-16) Sidewalk ramps must be compliant with most recent addition of ADA standards (minimum length of the ramp and landing platform must be 10'-6" in length from face of curb). Parks(provided on November 22,2004: • The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. • The _parks department requires that the new owners or developers of the newly formed ' - 166 be informed of the city's tree ordinance and considerations are made for the protection of significant vegetation located on the properties. • A tree permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover demolition, excavation, and trimming. Please contact the City Forester at 920-5120. • Coordination between the contractor, the City.Parks Department and the City Engineering Department is critical for the design and construction of sidewalks along both sides of the properties. • Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. • Utility connections: Parks is concerned with the future connections made for the new development. These connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. Sanitation: • Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. • ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. • On -site utility plans require approval by ACSD. Minutes — 11/23/05 Deye}o►:)�ment Review Committee Minutes RE: Land Use Application: 805 South Avenue P177 • Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. • If the existing 4" CIP/VCP service line for this parcel will be used to service the single family residense on Lot 2, the existing sewer service should be televised to determine it's condition. • Below grade development may require installation of a pumping system. • One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. • Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. • All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. • Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would find the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any, portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. • Soil Nails are not allowed in the public ROW above or inclose proximity below ASCD main sewer lines. • The district will have more specific comments and requirements once detailed building plans and utility plans have been made available to the district. Minutes — 11/23/05 P178 Z O N E AR CHI T E C T a L L 10, P,O, DOx 2508 ASPEN CO 8tF,12 Ph 970.544 _3641 F Q70.544 .921 1 Novcmbcr 14, 2005 Aspcn Community Development Department 130 South Galena Street Aspen, CO 81611 To Whom It May Concern: i �enfr� We have recently been informed that the application submitte for the South and Gibson Subdivision for an Administnrive Growth Management nevi and Subdivision Exemption for a Lot Split does not fit within the Lot Split criteria due to an ear ier subdivision approval that initially created the lot. We would therefore request the appli(ation be revised to contain an Administrative Growth Management review and Subdivision endment Substantively this application dots not change. The dimensie sizes, and acceptance of previous approval conditions will all Lot Split application. While the review criteria are different f requirements for an amendment focus on the suitability, of the neighborhood content. Without addressing each point individ general is that a subdivision approval was granted in the sumr seeks to modify the lot lines and the ratio of square footage al not in any way change the appropriateness of the subdivision neighborhood (as these elements themselves have not substan approval). As i mentioned above, there are no proposed char 2004 subdivision approval. If you feel that a more specific rcspomc to any criteria is office, and we will provide the necessary information. Thank you, D an M_ Johns, principal Zone 4 Architects, LLC. al requirements, unit numbers and c the same as was listed for the :)m one review to the other, the ;ubdivision given the AACP and ally, our response to the criteria in or of 2004_ This application only cation between the lots, and does i relation to the AACP or the vely changed since the subdivision ;es to the conditions of the June , please feel free to contact our - - J DRC November 23, 2005 City Parks Department Requirements Property: 809 South Ave, Subdivision Amendment The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. 2. The parks department requires that the new owners or developers of the newly formed lots be informed of the city's tree ordinance and considerations are made for the protection of significant vegetation located on the properties. 3. A tree permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover, demolition, excavation and trimming. Please contact the City Forester at 920-5120. 4. Coordination between the contractor, the City Parks Department and the City Engineering Department is critical for the design and construction of sidewalks along both sides of the properties. Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. 6. Utility connections: Parks is concerned with the future connections made for the new development. These connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. 41 Aspen Consolidated Sanitation District Paul Smith * Chairman Frank Loushin Michael Kelly * Vice- Chair Roy Holloway John Keleher * Sec/Treas Bruce Matherly, Mgr November 28, 2005 NOV 2 9 7005 Jennifer Phelan Community Development 130 S. Galena Aspen, CO 81611 Re: 809 South Avenue Dear Jennifer: We have reviewed the application for the subdivision amendment for 809 South Avenue. Our comments on the application are attached. Please call if you have any questions. Sincerely, Bruce Matherly District Manager attachment 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537 ACSD Requirements: 809 South Avenue Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On -site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. If the existing 4" CIPNCP service line for this parcel will be used to service the single family residense on Lot 2, the existing sewer service should be televised to determine it's condition. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above or in close proximity below ASCD main sewer lines. The district will have more specific comments and requirements once detailed building plans ans utility plans have been made available to the district. several public improvements, such as but not necessarily limited to an electric vault, an underground electric line, a street light, and a portion of the Gibson Avenue roadway, have been constructed on the subject property without easements. This is not uncommon on the east side of town, and the applicant will be amenable to either relocating these improvements or providing easements (as appropriate and mutually agreed) provided such activities do not in any way affect the property's development potential or the otherwise applicable dimensional requirements. The property is zoned R-6, Medium -Density Residential. The "Purpose" of the R-6 zone district is "to provide areas for 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 of predominantly detached and duplex residences, and are within walking 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 Rocky Mountain Natural Gas, with electricity by Holy Cross Electric Corp., with telephones by Qwest, with sewer by Aspen Consolidated Sanitation District, with water from a well (apparently not connected to City of Aspen Water --- connection to City Water fill will be required upon redevelopment and tap fees will be due as applicable), and with fire protection by the Aspen Fire Protection District. Water lines exist in the MRsurrounding streets (an 8-inch diameter main is in South Avenue) and a fire hydrant is located near the corner/ intersection. Based on the Pitkin County District Court Settlement Stipulation in Case Number 93 CV 259-3 (dated December 20,1995, hereinafter referred to as "the Settlement," and included herewith as Exhibit 5) the property itself has an area of 21,937.92 square feet (hereinafter "the Parcel"). As part of the Settlement, the City of Aspen was given the right to construct a sidewalk along the northerly edge of the property (parallel to South Avenue). The sidewalk area contains 943.466 square feet and was quieted to the City of Aspen (hereinafter "Parcel B"). Parcel B lies adjacent to but completely outside of the Parcel. Between the sidewalk (Parcel B) and the South Avenue roadway is a strip of land containing 2,145.30 square feet, which was also quieted to the City of Aspen (hereinafter "Parcel C"). These parcels are identified on the accompanying Improvement Survey Plat & Topographic Survey, prepared by River City Surveys, Inc. and dated October 27, 2003. South & Gibson Subdivision Page 4 !� -?A.A ` A_N5P In effect, Parcels B and C have become part of the South Avenue right-of- way. However, certain important reservations were outlined and agreed to in the Settlement. First and most importantly, item number 2 in the Settlement states that, "For purposes of any future application ... for a development order ... the property described in Exhibit A [the subject property/805 South Avenue] shall be deemed to have an area of 22,882 square feet." Therefore, the subject property has an effective lot area of 22,882 square feet for purposes of determining the allowable density, floor area and the general implications of the dimensional requirements applicable pursuant to the underlying R-6 zoning. Basically, while the previous owners of the property agreed to quiet title to the City of Aspen for purposes of building a sidewalk, they made sure that no development rights (i.e., allowable floor area, density, etc.) would be lost in doing so. . Next, .title to Parcel B (the sidewalk) was quieted to the City of Aspen but with the non-exclusive reserved right of the 805 South Avenue owners (and their successors) "to use, occupy, and enjoy said property [Parcel B] except to the extent that the City of Aspen shall undertake construction of a public roadway, sidewalk, underground utilities or underground drainage facilities or other public improvements." Thus, as mentioned above, Parcel B effectively became part of the South Avenue right-of-way; however, the owners of 805 South Avenue maintain certain non- exclusive rights to use the area in a manner that would not interfere with the City's ability to use it for public purposes. City Council Resolution No. 71, Series of 1995 (see Exhibit 5) memorialized the City's acceptance of the above -described terms of the Settlement. The surrounding properties to the north and south include single-family detached and duplex residences. Many properties have recently or are currently under redevelopment. The Smuggler Mobile Home Park (Lots 200, 202, 204,101, Maple Lane and an open space parcel) is located next door, to the east. South & Gibson Subdivision Page 5 M1 a 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. The effective lot areas of proposed Lots 1 and 2 are 7,184 and 15,694 square feet, respectively. Thus, maximum combined build -out pursuant to the underlying R- 6 zoning is three dwellings units, where Lot 1 can be development with no more than one single-family dwelling, and Lot 2 can support either one or two detached single-family residences or a duplex. Since the existing property is considered to have an effective area of 22,882 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: 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 South & Gibson Subdivision Page 8 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 or a duplex (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 reconstructed units to be placed on separate, fee simple lots using the allowable FAR floor area for the effective 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 South & Gibson Subdivision Page 9 the other dimensional requirements of the zone district unless variances are obtained. - Furthermo re, since proposed Lot 2 has an effective area of 15,694 square feet, it contains enough land (i.e., more than 9,000 square feet) to support development of one single-family residence, two detached single-family residences, or a duplex. Again, with each redeveloped unit, either an ADU or cash -in -lieu will be provided. By way of a more detailed explanation, to the extent that Lot 2 is developed with two dwelling units (whether it be as a duplex or two detached dwellings), the GMQS exemption for the second unit is derived from the fact that a 9,000-plus square foot lot allows development of a second attached or detached unit pursuant to the R-6 zoning and Section 26.470.070(B)(2) of the Code. That is, Section 26.470.070(B) of the Code provides an exemption from the GMQS scoring and competition for "the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided..." Further, Section 26.470.070(B) of the Code allows for "the remodel or expansion of a single-family dwelling unit into a duplex dwelling" exempt from the GMQS scoring and competition procedures. It was determined as part of the Park -Dale Subdivision's GMQS Exemption approvals that there is no need to finish developing a single-family dwelling only to then expand it into a duplex dwelling to be eligible for the Section 26.470.070(B) exemption as the end result would be the same and finding otherwise would only force a triumph for technique over substance, so to speak, at great expense. [l 0 I 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 standards for the design of a 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 South & Gibson Subdivision Page 10 4 Aspen City Council Regular Meeting Tune 28 2004 Woodford noted this is addressed as a condition so the applicants will be prepared. Zupancis pointed out there is no on street parking along Gibson or South streets. Race and Walnut streets have no parking. Zupancis said he is concerned about these large houses and where all the cars will park. Zupancis said when there are parties, there will be no place for cars. The parking in this neighborhood has not been addressed. Zupancis said he does not feel a sidewalk on South street is needed. Tom Marshall said there should be reasons for changing lots in subdivisions. Neighbors have no input to what is getting built in their neighborhood. Marshall said the hearing notices do not explain the implications of changing lots to subdivisions. Hesselschwerdt agreed a sidewalk is not needed on South street. Hesselschwerdt agreed that chopping up large lots and allowing maximum build out is disconcerting. Loren Ryerson, chief of police, recommended a sidewalk go around the corner of Gibson and a crosswalk go to the north even if it doesn't go up South. Ryerson concurred a sidewalk along South is not necessary. Ryerson noted the lighting in this area has been a concern. Ryerson asked that the developers not fight with increased lighting Mayor Klanderud closed the public hearing. Haas stated the maximum build out of this property under zoning is 3 lots. The property is 22,000 square feet located in an R-6 zone, which would allow three 6,000 square foot lots. Haas said the city decided what the appropriate density was when they zoned this area. Haas said this is full subdivision, not subdivision exemption. Haas noted there are dimensional requirements and residential design standards with which they will comply or they will have public hearings on variances from these. Haas said wrapping the sidewalk around the corner would be a good solution and would eliminate the need for a sidewalk along South street. Haas said this project will meet the city's on -site parking requirements. Haas told Council the building orientation on site is not known; this will depend on where the access is. Councilwoman Richards said she would be willing to forego the sidewalk; however, would like the city to retain an easement to put a sidewalk on South street in the future. Councilwoman Richards said she is concerned about two different driveways. The lots should be laid out so that they can share a common driveway. This is a high traffic area and one driveway 11 Photo of the Gibson Avenue property frontage where the underground electric line runs without an easement. The area to the right of the trees is the location for the sidewalk that the applicant will install with curb and gutter. Background information that is pertinent to this application includes a 1995 dispute between the property owner and the City about whether or not the City had the rights to a portion of the subject property along South Avenue for right-of-way purposes. At the time, a portion of South Avenue encroached onto the applicant's property. The City's position was that the area that South Avenue encroached onto the property had either been previously conveyed to the City by the owner, or the City had the right to use the property through adverse determination. A settlement of the issue was eventually reached whereby the owner quiet titled to the City the area of the parcel in question for use as public roadway, sidewalk, underground utilities or drainage facilities, or other public improvements. As part of the agreement, the property owner is allowed to enjoy use of the conveyed portion of property to the extent that it does not interfere with the above described public improvements. In addition, the owner is allowed to utilize the original square footage of the property for the purposes of floor area calculation for future applications. STAFF COMMENTS: GROWTH MANAGEMENT QUOTA SYSTEM (GMQS): As stated above, the applicant is seeking GMQS Exemptions in order to obtain the development rights needed to construct dwellings on the new lots. Below is the specific wording of the exemptions the applicant is requesting followed by staff position on its compliance with the review criteria (Staff Findings can be found in Exhibit A): 1. DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIT (SECTION 26.470.070.B). 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 SOUTH AND GIBSON STAFF REPORT PAGE 4 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. 1. Sin le -family. 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. 2. Duplex. In order to qualify for a duplex exemption, the applicant shall have five (5) options: a. providing one free market dwelling unit and one deed restricted, resident - occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; b. providing two free market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) net livable square feet pursuant to Section 26.520; c. providing two free market dwelling units and two Accessory Dwelling Units, each with a minimum net livable floor area of three hundred (300) square feet, pursuant to Section 26.520; d. providing two deed restricted, resident -occupied (RO) dwelling units; or e. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. Staff Reply: The applicant requests the above exemption for the "remodel or expansion of a single-family dwelling into a duplex dwelling" in order to create two development rights on the site (via criteria #3 in first paragraph above — see NOTE below for explanation of this process). Then they wish to utilize the two development rights for "replacement after demolition of"one or two detached residential units or a duplex dwelling" (via criteria #2 above). In other words, one development right will be attributed to each lot. This will result in a single-family structure on Lot 1. On Lot 2, the other development right may be used to construct either a single-family dwelling or, in turn, be utilized to construct two detached single-family dwelling units, or one duplex (utilizing the GMQS exemption allowing conversion of a single-family into a duplex). SOUTH AND GIBSON STAFF REPORT PAGE 5 NOTE: An Interpretation of Title from Section 26.470.0703 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. 2. RECONSTRUCTION OF DEMOLISHED UNITS (SECTION 26.470.A.2.). 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. 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 to the terms of this Section. 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. 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 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: Staff has reviewed all of the subdivision criteria in Exhibit B 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. SOUTH AND GIBSON STAFF REPORT PAGE 6 EXHIBIT A STAFF FINDINGS: GMQS EXEMPTION 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. 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 to the terms of this Section. 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. 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: I DOES IT COMPLY? I 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 of the Land Use Code applies in this situation, as described below. 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(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 =Vz 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-family. In order to qualify for a single-family exemption, the applicant shall have three (3) options: a. providing an Accessory Dwelling Unit (A -DU) 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. -13- EXMBIT D INTERPRETATION OF TITLE HAAS LAND PLANNING, 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. f • 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO • 81 61 1 • PHONE: (970) 925-781 9 FAX: (970) 925-7395 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 *�D Mitch Haas, AICP Owner/ Manager Signed: 12 J ie Ann Woods, Community Development Director Date c:/my documents/administrative/city/Subdiv-Recon Credits Interp MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... City Engineer X ......... Community Development Engineer 0......... Police Department X ........... Zoning Officer 0 ........... Housing Director X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District X ........... Building Department 0 ........... Environmental Health 0 ........... Electric Department 0 ........... Holy Cross Electric 0 ........... City Attorney 0........... Streets Department 0 ........... Historic Preservation Officer 0......... City Parking Manager 0 ........... Pitkin County Planning FROM: Jennifer Phelan, Senior Long Range Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-429.2759 Fax-920.5439 RE: 809 South Avenue, Subdivision Amendment Parcel ID #2735-073-35-001 and #2735-073-35-002 DATE: November 16, 2005 COMMENTS: Please review the attached application for a Subdivision Amendment request. The South and Gibson Subdivision was approved for the creation of two lots and three dwelling units in 2004. Upon further consideration, the Applicant would like to relocate the lot lines but maintain the same conditions of approval of the initial subdivision. A DRC Meeting will be held on Wednesday, November 23, 2005, in the City Council Chambers, Basement of City Hall. Please have your comments ready. If you would like to review the full-sized copy, please let me know. DRC Meeting: November 23, 2005 Thank You, Jennifer Phelan Z O.N A n 0 H I T E 17 r 6 L L0 / P,O. DO�e 2500 ASPEN CO8yF.12 Ph 070.54,4.36o1 F 970.5144 .0211 November 14, 2005 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 To Whom It May Concern_ We have recently been informed that the application submittc Subdivision for an Administrative Growth Management revi< Lot Split does not fit within the Lot Split criteria due to an ca initially created the lot. We would therefore request the appL Administrative Growth Management review and Subdivision Substantively this application does not change. The dimensio sizes, and acceptance of previous approval conditions will all Lot Split application. While the review criteria are different f requirements for an amendment focus on the suitability of the neighborhood context. Without addressing each point individ general is that a subdivision approval was granted in the sumr seeks to modify the lot lines and the ratio of square: footage al' not in any way change the appropriateness of the subdivision neighborhood (as these elements themselves have not substan approval). As T mentioned above, there are no proposed char 2004 subdivision approval. If you feel that a more specific response to any criteria is office, and we will provide the necessary information, Thank you, D an M. Johns, Principal Zone 4 Architects, LLC. for the South and Gibson and Subdivision Exemption for a ier subdivision approval that ition be revised to conutio an 1 requirements, unit numbers and the same as was listed for the m one review to the other, the ibdivision given the AACP and lly, our response to the criteria in r of 2004. This application only ration between the lots, and does relation to the AACP or the 'ely changed since the subdivision s to the conditions of the June , please feel free to contact our 2•d e01:11 SO �11 Aow Z O _ N E A R C H CT E C T S 234 A A •Y MO►ICI N B A 6►• N C O • 1 0 3 9 9 70 ado . 9541 F 970 . 544 . 9211 Date: A V 1 Z00 V To: J OK A11 —'Fkl E'LJ-J Fax: sg31 From: �`� �'. kfo Pages:—2--(Including cover sheet) Kc: AOW 14-M iz,..) D s1 e-w-T >_ t77C'2 . Comments: .1 t u•�l i F��2 , Al 6 K K/,AU I F Va tr Ty R-✓yS 7�lr�aJ.� -rgtj !S yw✓Lbow ub-wo. M:\gcmmI lrl i ■.■ 0:i■ ■■■ j• e0T:T1 SO T C0 e Cl b s ATTACHMENT 2--LAND USE APPLICATION Apmefigm TC,70AM-T Name: SdUTH A 1 T3Su�U S U 3171 IJ 1 S/ OK.) Location: Soy 50UTY AVE-. (Indicate street address, lot & block number, legal description where appropriate), Parcel ID # (REQUIRED) 27 7- b `U - 35 - oo1 JQ Z 73 7- 073- - 00 Z REPRESENTATIVE: Name: Z010i E I A-72 G H I7EZTS A L L C- Address: Z3Y ,EmT 1ppcmiS Ave f ASPEN Co 8/&I1 Phone #: 54 q - 3S4 Name: 6 a- Tua i o k) -FW'12--T W t1'L S s L L C. Address: 300 5P2 ►►u CG 5126-7' -SO 1 TE- O A'SP'E--J , C-0 8/6/1 Phone #: E4 4 - 613 �o ., TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split - Su$D1 V ► SI uu EX5*1P ❑ Temporary Use f Other. ❑ Lot Line Adjustment ❑ Text/Map Amendment Aim NN 6j wN i EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) act s Ti ►� (, 5 F P-6 S 1 P&-nXE -rQ O UT lsui L D1w 6J Th SC' LnT SoCS-c:wt org re-n- pay zV IG s&-,,z zoo y , 'SZ-L zo vi tv6- PROPOSAL: (description of proposed buildings, uses, modifications, etc.) _V-ECxrJV;;:) , U2E L0-r L)►UF$ -r 'ZE'- SQvrtnE-- Fuo't'A-lam $Twy1 "-TS , A16 6aAWC+3 -r-o fPPnav#fJe, 124.WUcTrf1:> Have you attached the following? FEES DUE: S ► 6 &5, O O ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form RETAIN FOR PERMA14ENT Rf-CORD ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written teat (Microsoft Word Format) must be submitted as part of the application. Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Sou-rq-y r=?1B56Q SV3>U1516YV C rkm 2 ► my P►fi2TWM S $oS, Salyrq I$yt . (for the purposes of 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. I✓lAt Proposed: NI11- Number of residential units: Existing. 1 Proposed: Z - 4 Number of bedrooms: Existing:_Proposed: `T'B-P Proposed % of demolition (Historic properties only): /V DIMENSIONS: 3 3 707 i Floor Area: Existing. ZG,W F�► llowable: 117s Proposed. 3y Z � Principal bldg. height: Existing. 15 ' RA'noXAllowable: Z5 ' Proposed: TV f> Access. bldg. height: Existing. )D � W Allowable: ZI '�/Z' Proposed. • TisI:> On -Site parking: Existing: Z-3 Required.- q M ho Proposed: 775V % Site coverage: Existing. ) D X Requird. 7r10 Proposed.• 36 % Open Space: Existing: SEE Suaw'•l Required: AIJ Ar ..__Proposed.- T1317 Front Setback: Existing: Z4. I' Required: Iv /5- Proposed. !b l,� Rear Setback: Existing: ^' 7 V Required. • 1 S %C Combined F/R: Existing. "J 00 Required.- Nit Proposed: ti/Pr Side Setback: Existing: 1. (r' Required.• 5 tS Proposed.• Side Setback: Existing: N At Required. NIA Proposed. N il- Combined Sides: Existing: /V 0 Required. • I VIA Proposed: WA - Existing non -con ormities or encroachments: S I Dr Y4,717 <r7?l" (P►a lm OPAL •6 AaVU 5IrwL'ry2E1 2 , PE-yVGC--, VTiLITY 410C- rLk-rrdrG V/IVLT- Q!lftf W 4 / A- "Vea0*Z44 v ►V To WSj eit S ►YE . S j-r Sart VIE Y Variations requested: NaWE -)i -TfZj A-.>&-0 .Ac'2 Lo-r A LT F rta+v-r, i S1AF y Kp r'PE Sovv E' G M'S 63 1`i L'l'. F-a a'%'7- Y Mn >. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) and GZNJ TO 21 C)A,) P/tVZrK)CM (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application f or �}prnioj. Lcilow'p� Mrh�l�{rbtitE'`TT bVleh! -6 $J ✓�Slcw t�tPT«"U L La7 SPL/7 (hereinafter. THE PROJECT). 2. APPLICANT understands and agrees that City of n Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment a11 processing fees is a condition precedent to a determination of application completeness_ 3_ APPLICANT and CITY agree that because of the is not possibit at this time to ascertain the full extort of die c APPLICANT and CITY further agree that it is in the interest of the initial deposit and to thereafter permit additional costs to be t APPLICANT agrees additional costs may accrue following their bear will be benefited by reL-d ring g=ttr cash liquidity and will make CITY when they arc necessary as costs are incurred. CITY agrees it of recovering its full costs to process APPLICANT'S application. nature or scope of the proposed project, it involved in processing the application. cs that APPLICANT snake payment of an I to APPLICANT on a monthly basis. and/or approvals. APPLICANT agrees be tional payments upon notification by the be benefited through the greater certainty 4. CITY and APPLICANT further agree that it is mstaff pmakable for CITY stato complete processing or prescut sufficient information to the Planning Commissi and/or City Council to enable the Plainimg Commission and/or City Cotutcil to make legally required findings fo project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideratiw full fees prior to a determination of application completeness. APP amount of s;) , C., 9-5. 06 which is for ►Z 'S Lours of Comm recorded costs exceed the initial deposit. APPLICANT shall pay addii the CITY for the processing of thic application mentioned above, inelru per planner hour over the initial deposit. Such periodic payments ski APPLICANT further agrees that failure to pay such accrued costs shall in no case will building permits be issued until all costs associated with CITY OF ASPEN By: By:_ Chris Bendou Community Development Director Date: it 685.DQ - 1 NGtrUDe� I/ �ZQ Pc.twv)-vC- aQ 34,T E�JbIvElJ2t►�` 1•L Gv 1 e-V 1< b&�, g:1s u p p o rt 1fo rm s1a1•rp ay aq . do c 1/10/01 of the CTIY's waiver of its right to collect ICANT shall pay an initial deposit in the pity Development staff time. and if actual )nal monthly billings to Crl'Y to rcimbursc ng post approval review at a rate of $220.00 be made within 30 days of the billing date. -e grounds for suspension of pressing, and :ase processing have been paid. Address: lq RETAW FUR FEk►> cif i RECORD 2-Cl d90:21 SO 20 noN i nay in r ,nn+Y IA y Y Spruce St Art AP Alp r9d a c .�a g., Brc C • MT , .c CW Cot '6son �s • �• C.0 Col Ay Fro Woo . •c �u a '�'CL CyCie eker a Co prtho Q' Ki yr 3 S .. Sr Ci WC:. W , Queen an mCOt Masco Ctr p r ' Q 76i/!!!• .4• •%t jinY'ha'6yyt..=. Dal, al, m.Ardmore Ct o m +� Av _ '��i 'y Dore t > .�• Av a •s m 0 Aspen Gr Z • 1,. �Ql t "SAP -v s iew • Qr '� ur C We , ate P! Rivers�a� ,p o • �' °$rin Fob • . tg � t. o / A IYO►11YIN CTO .. o, P.0. 13aX 2000 ASPEN CO 81612 Ph 970.644.9641 F 070.544,8211 October 31, 2005 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South & Gibson Subdivision Admin. Growth Lot Spurt 1 herebv authorize Zone 4 Architects, LLC (234 Fast Hopkins our designated and authorized representative with respect to t1 submitted to your office for our properties located at 805 Soot 35-001 and 2737-073-35-002). Zone 4 Architects, LLC is and Administrative Growth Management Review: Detaehed single and Subdivision Exemption for Lot Split, and any other inside LLC is also authorized to represent us in meetings with City S City Council. Should you have anv need to contact me during the coum of the offices of Zone 4 Architects, LLC. union partle6 Spring Street, Suite 301 :n, CO 81611 1) 544-8336 Review and Exemption for a kvc, Aspen CO 81611) to act as land use application being Avenue (Pared 1D No. 2737-073- rized to submit an application for amily or duplex dwelling units al reviews. Zone 4 Architects, 11� boards, commissions, and the review, please do so through 2 Cl e00:60 SO 16 1400 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 429-2763 DATE: 11/7/05 PROJECT: South and Gibson Lot Split and GMQS Review REPRESENTATIVE: Dylan Johns TYPE OF APPLICATION: Lot Split, GMQS Review for a Lot Created by a Lot Split DESCRIPTION: The Applicant would like to reconfigure the lot boundaries that were approved in the South and Gibson Subdivision in 2004, in order to change the location of the proposed residences within the subdivision and to change the lot sizes and FAR allotted to each of the subdivision's two lots. Since the proposed changes are significant and do not relate to technical or engineering considerations, a lot line adjustment cannot be processed. However, the Applicant will not have to apply through the full subdivision process. The Applicant can ask City Council to vacate the previous subdivision approval that was not acted upon and apply for a Subdivision Exemption for a Lot Split. The lot was previously divided through the full subdivision process because there was a requirement in the Growth Management section of the land use code that did not allow for properties outside of the original townsite to be approved for a lot split. Land Use Code amendments that were recently adopted by City Council changed the abovementioned requirement so that lot splits can now be processed outside of the original townsite. Staff would suggest that the Applicant apply to combine the reviews of the growth management review and the lot split pursuant to Land Use Code Section 26304(B)(1), Combined Reviews. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.040(Bx1) Admin. Growth Management Review: Detached single-family or duplex dwelling units. 26.480.030(A)(2) Subdivision Exemption for Lot Split 26.515 Off -Street Parking 26.610 Park Development Impact Fee 26.630 School Lands Dedication 26.710.040 Medium -Density Residential (R-6) Zone District Review by: Staff for complete application. Referral agencies for technical considerations. City Council for final determination. Public Hearing: Yes at City Council 2"`' Reading of Ordinance. Planning Fees: $1,320 Deposit for 12 hours of staff time (additional staff time required is billed at $220 per hour) Referral Fees: Engineering ($365) Total Deposit: $1,685 Total Number of Application Copies: Lot Split: 20 Copies with l 1" x 17" plan copies and 2 Copies of 24" x 36" plans. To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter sigmed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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 property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Completed Dimensional Requirements Form. 7. Pre -application Conference Summary. 8. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 9. Proof of ownership. 10. Existing and proposed site plan, landscaping plan, and parking plan. 11. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 13. Draft lot split plat completed by a registered professional land surveyor that contains proposed lot boundaries and square footages. 14. A written description of proposed construction techniques to be used. 15. All other materials required pursuant to the specific submittal requirements. 16. 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 17. 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. 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. Z O. N E ARCHITECTS L L C. P.O. BOX 2508 ASPEN CO 81612 Ph 970.544.3541 F 970.544.8211 November 7, 2005 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 To Whom It May Concern: This is an application requesting a combined Administrative Growth Management review and a Subdivision Exemption for a Lot Split (per Land Use Code Section 26.304(B)(1)) for the already created South and Gibson Subdivision. The ownership of the property has changed hands, and the new owners wish to reconfigure the lots and re -allocate how the lot area is distributed between the two lots. Regarding the Administrative Growth Management Review: Per the criteria for approval, the applicant intends to comply with the regulations in place at the time of permitting for the final unit count and FAR's for the units to determine the appropriate type and level of mitigation required. Regarding the Subdivision Exemption for a Lot Split: The purpose of the lot split is to move the single-family home site away from the intersection of South and Gibson. At the same time, after studying the effects of the setbacks, we would like to redistribute the lot areas in a different ratio than was previously approved so that the building site that is more conducive to a better home design (the triangular lot shape creates large areas that can not be built upon). This application does not seek to intensify the number of parcels in the subdivision, nor does is propose to change any of the conditions of the original subdivision approval. The development is capped at three dwellings units per the initial subdivision approval and the criterion for Lot Splits. Access to the all of the dwellings will still be provided with a single curb cut off of either Gibson or South Ave per the current approval. A more specific breakdown of the specifics of the current and proposed lot sizes follows. The original subdivision was approved on June 28, 2004. The two parcels have Lot Areas of 6,859SF (Lot 1) and 15,079SF (Lot 2), with the smaller, single family, lot located on the western point of the main lot at the intersection of South and Gibson Street. The larger duplex lot runs north/south alongside the trailer park fence line. Per Resolution No. 71, Series of 1995, there is a parcel of land granted to the city, known as "Parcel B", that continues to grant development rights to the main parcel even though it is not be included as lot area for the original parcel. In the initial subdivision application it was determined that the Lot Areas to calculate FAR would be 7,184 SF (Lot 1) and 15,694 (Lot 2), due to the configuration of the lot lines. This application seeks to create lots that will contain approximately 9,787 SF (Lot 2) and 12,151 SF (Lot 1), with the smaller, single family, lot in the Southeast corner and the larger duplex lot running along South Ave from the intersection to the trailer park. As both lots are no longer contiguous to "Parcel B", Lot 1 will be then be the sole recipient of the "Parcel B" lot area for the purposes of calculating FAR on that parcel, which would have an FAR calculate -able area of 13,095 SF. There will be no allocation to the reconfigured Lot 2 since it completely separated from "Parcel B" by Lot 1. After some preliminary studies, we believe two of the of the major benefits of the revised lot configuration are moving the single-family home site from the intersection away (which reduces the allowable FAR at that end of the site) and improving access to the units from the street and within the subdivision itself The residence units will most likely be constructed utilizing timber framed walls and poured in place foundation walls. Approval Criteria 26.47a 040 (B)(1) Admin. Growth Management Review: Detached single-family or duplex dwelling units. 1. Detached single-family or duplex dwelling units. The replacement after demolition of an existing single-family dwelling into multiple detached residential units or a duplex dwelling regardless of when the lot was subdivided or legally described: the redevelopment or conversion of an existing single-family dwelling into multiple detached residential units or a duplex dwelling (or vice -versa) regardless of when the lot was subdivided or legally described; or, the new development of a single-family or multiple detached residential units or a duplex dwelling on a lot hiat was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(F), Aspen Townsite Lots, or on a lot created by a lot split, pursuant to Section 26. 480. 0600, shall be approved if all the following standards are met. These units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030. Single Family. In order to qualify for a single-family approval, the applicant shall have five (5) options: a) Providing and above grade, detached Accessory Dwelling Unit (ADU) or a Carriage House pursuant to Section 26.520, Accessory Dwelling Units and Carraige Houses; or, b) Providing and Accessory Dwelling Unit, or a Carriage House, authorized through Special Review to be attached and/or partly or fully subgrade, pursuant to Section 26.520; 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 the single- family dwelling unit being constructed. Duplex In order to qualify for a duplex approval, the applicant shall have six (6) options: a) Providing one freee market dwelling unit and one deed restricted Resident - Occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) squarefeet; or, b) Providing either two above grade, detached Accessory Dwelling Units or Carraige Houses (or one of each), or one above grade, detached ADU or Carriage House with a minimum floor area ofsix hundred (600) net livable square feet, pursuant to Section 26.520; or, c) Providing either two Accessory Dwelling Units or Carriage Houses (or one of each) or one ADU or Carriage House with a minimum of 600 net livable square feet authorized through Special Review to be attached andlor partially or fully subgrade, pursuant to Section 26.520; or, d) 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 AspenlPitkin County Housing Authority Guidelines, as amended, or, e) Providing two deed restricted Resident -Occupied (RO) dwelling Units; or, Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. At this stage, it is envisioned that once the mitigation credit for the existing structures have been applied to the new allowable FAR's, any required additional affordable housing mitigation will most likely be met through cash -in -lieu or the provision of an ADU or both. This requirement will be met for both the single-family residence and the duplex as required. 2648Q030 (A)(2) Subdivision Exemptions for a Lot Split The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption ofsubdivision regulations by the City ofAspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26 470.0 70(B). c. The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(])(a) d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of the Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt ofapplicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. ' e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed ofa duplex and a single-family home. A. This property was subdivided for the first time in June 2004, and this criterion does not apply B. Two lots are created by the lot split, and both lots conform to the underlying zoning at the time of application. C. This lot has not been part of a subdivision exemption or "lot split" exemption application or granting of any exemptions. D. After approval is granted, a plat shall be recorded and shall also indicate that no further subdivision may be granted for the lots nor will additional units be built without the receipt of applicable approvals pursuant to Chapter 26.480 and growth management allocation pursuant to Chapter 26.470. E. The plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days following the approval by the City Council. F. There is an existing single-family dwelling that occupies the site, and may or may not be demolished prior to application for the lot split. G. The intended build out for the two parcels are a single-family residence and a duplex. 26.515 Off -Street Parking Off-street parking for each of the residences will be provided by a two car garage for each of the dwelling units, and accessed by a shared driveway due to the requirement to only allow one curb cut to service all units in the subdivision. If an ADU is built on site, there shall be one parking space per unit as required by Section 26.515.030 that will be a surface parking space. 26.610 Park Development Impact Fee 26.630 School Lands Dedication The Park Development Impact Fee shall be calculated and paid at the issuance of building permit based on the unit count and fee schedule at the time of issuance. The School Lands Dedications will need to be paid -in -lieu, as the lot size is too small to consider a granting of land. As the residences have not been designed, the calculation can not 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. 26 710.40 Medium -Density Residential (R-6) Zone District The new lots will be in conformance with the applicable zoning requirements for the R-6 zone district. These residences will also be required to comply with the Residential Design Standards per section 26.410, and it is the intent of the applicant to meet these standards and/or request the appropriate variances. Thank you, Dylan M. Johns, Principal Zone 4 Architects, LLC. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: -50 4� —qc R ��k , As Yen-, C SCHEDULED PUBLIC HEARING DATE: tZ?Zr,, 200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, \'J Ct 04� Z_— I VI (I I (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 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 Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first clVs 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) 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 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. ature 1 The foDe— oing "Affidavit of Notice" was acknowledged before me this day of L , 200 S by yjtt7 WITNESS MY HAND AND OFFICIAL SEAL My commission expires:�a'3�v J" Notary Public X1 �O , S OATEN ATTACHMENTS: OF C� COPY OF THE PUBLICATION flOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE QWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: 2nd AMENDED PLAT — SOUTH AND GIB - SON SUBDIVISION (805 SOUTH AVENUE). SUBDI- VISION AMENDMENT NOTICE I$ HEREBY GIVEN that a public hearing will be held on Monday, January 9, 2006, 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 ap- pllcatlon submitted by CentuAan Partners, LLC, 300 Spring Street, Suite 301, Aspen, CO 81611, which is the owner of the subject property. The Applicant requests a subdivision amendment to relocate the existing lot line shared by Lot 1 and Lot 2 of the South and Gibson Subdivision result- ing In a reconfiguration of the dimensions of the lots. In order to develop the property as descri- bed previously, the applicant is requesting the fo8owing development approval: subdivision amendment. The property Is legally described as Lots 1 and 2, South and Gibson Subdivision, and Is more commonly known as 805 South Avenue, Aspen, Colorado, 81611. For further information, contact Jennifer Phelan at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO, (970) 429- 2759, jennifep®cLaspen.co.us. s,' ' -ten K. Klanderud, Mayor Aspen City Council Published in the Aspen 1'Imes Weekly on Decem- ber 18, 2005. (3280) 0 . 0 SKETCH PLAN - 2AMENDED PLAT — R�•_ k'ha,q � ND DA Notes ? br SOUTH & GIBSON SUBDIVISION 1)MIS ATSEAMAMENDED OAN ITIESDp,H`pB50lISDOI XA5NCE PREPu3D RR91IM TO OF N ACCORDANCE ON SOU LgMa ORDNANCE _ (SETIES OF M AND NE SW1N t LT354N S,BDRASpN SITUATED IN SECTION % TOWNSHIP 1 ❑ SOUTH GRFCIIEHTRE DRDEDT THE TER Mn NLANDSARECIEDB THE Pur ARE N SRBECT TO THE TERMS AA COdTICHS N SAID ONDRHANO. AND f r A iR ANC ICONS AND CONDITIONS O TIE SLMHNSON ApEF3NEFT, AMID BY All s'y RANGE 9 4 WEST OF THE 6 T H P.M. ^^PJ:LE LAND LISE NEATIONS OF THE aTY OF ASPEN, THE TERMS AND 15 o-53' Pot " El ll• i / cONOTp1S OF SAID ORONANC :. SAID AGREEMENT. MA OF THIS PLAT 91M1 MAN v ' ' Ej rM THE LAND A5 COVENANTS BLIRDENNG THE SALE. a CITY OF ASPEN, P 1 T K I N COUNTY, COLORADO 2) ME EDSING HOUSE NEED NOT BE DENO S ED TO ACCOMMODATE THE " N" ??' 'try 13 CREATED LOT BOUIOARES AND THE ElQPDApEENIS NICE SEIBACN AREAS YAY C• L Llff E : EFg*S CBRRRLre GO"TNBE 10 EMT ECL THE LEE DE ME pBpNAL 51T61CNRE ONE. WON RECEKLOPMENT. ALL STRUCTURES ON THESE TAD (2) LOTS SHALL COMPLY ON THE ' �' A► ` 1 V ' +/ �L'C!� '� ' : I, pn ENONEFA EM ML tltt Oi ASPEN S R-6 ZONE DISTRICT PRONSO"S ON RESPECT TO THE NEWLY CREATED l0i COLORADO, DO HEREBY A-NQA THIS TO AMENDED PLAT Of llE SOIIM t GSSOM NOINIDANES AND SETBWRS. LNLE4 vARUNCES ME ally OBTAINED y `L• 1 t(\ JhS C3, \ \ ODOM COUNTY, COLORADO. N:5 ____ DAY OF �I F 3) DEVLLOPYENT ON LOTS 1 AMD 2 SHALL BE SIBKCT TO THE TERNS ALA 1 SIImIH9aF. TO BE RECOROCD IN TE OFFICE OF THE ROM NINE OF N cT'N ll ` \ \ - pat. PRRVAMENDE OF SECTION 2O T0010(B) K M ASPEN LAID USE COOS, AND AS MAY y \ \ BE AMENDED iAOY M TO TIME. 1'A. ��' •K� , / /� \ ,�� \. / A?� y� \ \ \ BY __ OT* ENGNEEA — p THERE SHML BE No FIRTIER v.Ba.1SION OF EIMER, LOT N NE saN t y t� R vIALL NOT BE CONNSDEED FURTHER v,Ba.TNOM OF A LOT FOR PLIR £6 DI ®S N SUBOI — PAWDED. NONE+KR. THAT COMDWIIA RATION OR TIE SPAR COMMLIM YYYYLAPICENT DM= LPPOOTM El6TMOMC iM5 R[51TBCTIp+. VV S) NO SIRUCRIES OR 5 1 / THISMA 2N0 A FIT TA T O THE Sa1M k Oe50M SUBOMSCH, Ott Q ASPEM, EASEMENT SHOWN HEREON WMW i PIEWS90N THE oTY ENONEA AND DEWILO NE T-a STATE Or E: an 7 ASPEN. BEN APPRpt4P o' AE COWIMn V '; C �\ \ \ �YKIAPMENT pIRLTLN EF n O ASRN, surf EF CO01A00. OI THeS OF AHRRJCI$E/ATECIED UaITY PTOYDERS Y. I / % �¢ \ \ A O S D v 6) THERE SMALL BE NRUCME O S OR LANDSCAPINGOKA 1 Ntt ()D) NOES t 'I / y /• ` ` V" ' \ BY: - TALL NSTMIID N RE STE WANGLE DEPICTED HEREON. TANW 5 LOCATED 7I01Y �1' MAP ,6, r /I SY �)Z /- y� ; -\ 1 � \ / ® a�a SPFN C CIM 4 (so) FEET "NO THE (pS)N AYEM.E/SarN SMUT INTERSECTION. S SCALE 1 INCH - 2000 FEET w / , �5_ a� ' �i ..� u r i - \ t \ \ S 9GdLE + I N31 • ,h fF£T 4 �TOOa[ ,Y Cs FND"w6MMESIANEow nE mLlnuFF &"I o-* Ira" x MORE I3a LbuFm. WPTOIA. FULLY DEPICTED "EBEaa Rom'\ 1 LI / Utir µ f ,HIS SEND AMENDED RAT WAS APPROVED BY ME OTY COUNQ OF THE a, OF B) THE PROPERTY SHOOM HEREON IS SB.ECT TO AL EA41diS $P \ _ +� RIa75-0E-rAYS. OR OTHER MSWG104 OF RECORD. AS SUOI ITEMS AFFECT NIS f % / r -\ (' r \ �` ASPEII STATE T COLORADO, DAY OF PROPERTY, • / / / \ `'� �'• \ \ \ \ CST ATTESTAPOA .� e) NOTICE: ACCORDNO TO COLORADO Uw. YDu MUST COMETAE ANY ItO ACTCH CITY cLEI6( BASED) LVON ANY DEFECT N M5 SDgYEY NMN NIFEEE (3) TEATS AIX YW Y DISCOKR SUCH DEFECT. N NO EVENT MAY ANY ACDON BASED UPON ANY alER N �' SIIRIEY BE COMMENCED YORE MAN TEN (10) YEARS FROM THE BATE OF V' / / ..\• i / 4P f ;' '�-.\ \/� G -YOR OF ASPEN 1NF0AY£ RR OT' S4ONft HEREON ' AAtYEYS WILL NET BE RESPONSIBLE i0P AxY aRMFDES MADE To I T16 DOOM Nr AFTER MST BE COMPARED TO SE SSON. Y COPYNED. YIlID IND o TO 0 V 1 �., \� 3► �e \ \ �y DNS BW MEHT A �Fp E LEAKS OU FOsy59oN. AM CURT. iA's.4t ETC.. OF + ii DoaNENT TO NYIRE TK ACaNACY 6 TIE NFa61AD0N 9NMN CM ANY wo, S �-�y COPY. AND TO NSJK THAT NO SHIM CN-DTS NAVE BEEN YABE /AO \ / /. � _ ` \ \ �/ APPROPRIATE UR�ACE LUUY'UPAANTIETIES S AT THE BNEOT SHOWN 16�NIS SLRK, /T/aRACTW \ /Mj Y',ati�.s WISP WNrACr sPEOF1C UTILITY [OPINES ro KIE'Y BON THE LouTlpl AND, V� V h i ,/ / j ' Os / N \ ` .� • / \ ; DEPTH OF RESPECTK UTNTIES ADDITIONAL SUM1EYTIIG .dIN MAY BE REa1PD 10 '� SHOO An "C" seaR *CE 0T 1 LOCATRINs a nRs au�FO mER on 016 / f \ \ MOOD ON THE rWpNDD Ai�THE TINERFTIS SI"D"RLEYO 9UBSMFAa uA Es NOT Of, .` A � / � \ 2) RR ORDNANi / _ WSi BE BY A P� r OF � ' \/l \ anE caNa IrmEVAY. THE 1r0 LOTS £9g �O'r A \ {{•\��1ti 13)THE NCN-� N Tz SCENNA. DLO" AND uo GLITTER. Aro ur"�DES�ti TPOSE& i _., !91 i fl t- �.� .!S (` 5, .� PYV-f' � K \ \ \ /w' IT) TNAL OEsDN OF AL SITE I PRORFAENTs (RPNO.OFN15 10 BE MADE N THE .I 5(,J�a✓'(/YtY I ✓- OcNm-oF-w.LY AND/OR NTw THE AREAS DiaAmEno NM wYmool s WAIMEENTS) SNAL1 BE SEIRTFEO TO TE on ENDEEf FOR RCMET AID d , C\y 1_ y,�( / ,]�►I Y' \ .. /• APPROVA PHIDR r+aEN[T TO BLaONG GEBRi APRICATgN POR DEYEIIDFEYi a WTI OR o' r[7lcj �./�.� I tJ/ 1♦.i jl 1 / / \ / \ \ LOT z COMM POST. itl / . � 15) MANUAL SEOI6TES N ACCORDANCE AN THE s11BOMSW NPROKLENTS ✓i)MIs ' 4 ,�/ yam, ! ��y�%`,7ylF If .-! Q t; ) i i _ - k.- \ \ SLACR�E➢TT4Nr s+Au 9E PRowm AT THE TIME OF BALDINGPERMIT Awuunc« 1 � � ✓ � �`�y 1t+ 1 \ L era ar T6RtTTN aT0 NNamer ,� y S�/f N ./ • + ♦ i + , >,�,GC\ t / T{ , - \ 10"16 ALL PERSONS BY TESE IPIE3B1T5 TEATDERS BEING 3OLE NS a. • , + I ' r,R•N \ e(���� �1f / ANDS iULOOLINTYTOF PITION, STATE GAOEs. W TA.TE OF COLORM4 SAID � FaCPERYY PROPERTY s' BED +�?t/� ' / ,MO�EN� ` • �'Y'�.s .q, s� _ DIFTY OF BF STAATE1 OF CCOADIR . SAMID 2. SCILITH ' DD PND �L. CONTAINO ow AGES (2, 9S6 soIWE IQn. F+; /3 \ \ `NB ve MORE OR LESS: MAT yD alpi HAS CAUSED ME SAID REAL PROPERTY TO SE ft �� �\ / IN, P p5 A ' ' ` Atv. LAD 00T AND S.N.CYYD AS THE SOUTH t 09SON S SICN, A SUBDM90N OF Do\ MART OF THE CITY OFASPEN, CaIIItt OF RaN, STATE OFC0.01HAo0. `/'.ly3!n EREOITED nEs DAY OF AD. Cos. \rya �Y «loll aNEN If f - �+.+. +l -'N%R/*Vr1? -7-1STATE OF COLORADO + F i COUNTY ORDK)S i AHfP T6'QyLII-R'W / E• I THE FOREGOING BEOCADON WAS AGODRFD® BEFORE LE ENS DAY �. zoos bbQF- 9 / i ; / /' - i \ A \ `�� is m Y I //' i \R r' i i '\+•� /' \ \ J ` rTwSS MY NAND AID St. NOTARY PLeLIC ME uDdSUED. A DOY WNOTREPRESENT�� ■Epp asicrt-..amax'•x:_ rn,.nN>`aas .._>"=�yrsi�.:Lsr:naraure: NSUR.ANCEAC W� AtNDb A TO Do Bu912SS N THE SrATE� W� ao� 1R^ 6 HDEBY CERTIFIES THAT MANS-AYWCA TILE NsIRA"Q CBTPANr HAs EWR"ET TIE RECORDS EF THE CONn aMl AD IECMDET Ir R'lON CONn. COLORADO Di WLIEAD"�EECIRooCERTIFIES 6vRBED WA . Tj RIORTn 9NAR N ME CWNtt of RIIaITO - 5 VESTED IN SIMPLE M/ I, oAVD A Ca0°ER, DO HEREBY CERRY THAT AY A REas1EAED LAID SWKttJR 1 l" i� ,i'BEus+c (TlsrAx¢ E - �i+F3��e't !��\f L.E `f \ ULENSED INDEA TE HAMS OF THE STATE EF COORADOI TUT THIS RAT IS A A DATED T65 _DAr OF ,. `..7 LT 175 TITLE. CORRECT AND COMPLETE PUT OF THE DM MEWED PLAT. SOUTH k aBSON A0. ZOOS. i11 L ! L2 Nu 'W 135 SROMSNN. AS LAID aT. PUTTED. DEDICATED AND S 0- HEREON. THAT SUCHWAS MADE FROM AN ADMIR r — J°j/V U I I!.! YYA 9.IPERM90N AI) CORRECTLY ASHOWS TEE LOCATION AD OF SAIDDITY DIENSIONS OF ! BY ME AND � O BY L. 1 \ LOTS. EASEIETNTS, AND STREETS EF SAID SIBOMSON EENPUCN AS NE SAME ARE 6 rM4i I E/E LS N 5717 STAKED UPON THE CAOLMD, N C06PUANCE NM APPLICABLE KaAAT(RNS NYJ / , ♦ / \\ LLmvvw. 35m COK,TNNO THE STIBOMSON O LAND. LEl W - LA &III N rTNSS .MHEACCF HUK SET MY NAIq AND SEAL IH6�27Lo •u lz.6oAD. zoosL" HT .r 11N T2n L'LTOpf�' F OJN[ ANT ne�raS Iamnr.Ye 3 I •I. N.I.. Nwina oOYtd A. rf ' W1> �'e E . a,o.,. F—I. ®D'°" p rw. M.L. w 6 OTT Colo. tap. P11 d 2/0]0 f TA/ / Nc i I- THIS 21D MOOED PLAY OF DE Sal V RtC IDS♦t MkcR1N Set Ra 5 RApo t RNeRK LED. P,S / 29030 GZRiFm" Ac CINVE / IWIgU RMeue DELTA TsgwL aaa BevAMR DNWIIw LTNVE / C, A.A SS.SO ATt zr6 NF • r 4.35 Cl C2 39.N 6BCbe a" '4"" SM.B2 Q G Ts AI 20.00 T.). 1 15.1e C3 : - - - o - .ri � � .--.• �...� •••'••. •• .w IlcvullR.N v nlNn NAANIr, cYAveDa. - - Z Yf.,,",'et �a . ik River CAy Surveys. LLC. s p'L ' e'"'v i A2LT04 N RAT Boat aaaa TRs n.Y OF G aR PACE �_ AID AS RECEPTION Na IN ,`I•Tiaa rebla�mtssea+.aai�Hrcwtr.�e-.�:. s�ni`alrYe � OEN MD MCOrDFA b:, IMPROVEMENT SURVEY PLAT SOUTH & GIBSON SUBDIVISION SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. CITY OF ASPEN, PITKIN COUNTY, COLORADO IT It \, No a Tis Ar RI ` r \h \ \ /� ® 1) BASIS KANFOR THIS SURVEY IS A REARM OF 52r34Wi SIP �).. \ /' JCAE , 1 /27/ l 12 r I a MDS WTKOM TWO PROPERTY DORMER MOIRDE TS Aa0 THE SCIIEASIFAY SCALE 1 WC'H 2000 FEET` u / /' S+ s A' / / T i `. \ "1� \ �� lr �R, aR►i' // \'\ NPR \� l�,a� // \\\\ '! 4DO Alm � 1 PFAPERN AS MORE FULLY DEPSCIED HEREOL j 2) THE PROPERTY 950RI HETSON 5 SOELT TO Al EASEMD qOS-0E-MYSY OR OTHER RESMDOwS OF RECORD. AS 91a ITEMS AFFECT ORS PROPERTY. j A MoME ACCCDP ro LAW. YOU MUST COHmn ANY < YEARS A mn m TRS SURVEY MADRN TERIFE (D) TEARS AFTER BAUD ANY OEEE ji VE DEFECT AMY YOU oSCOVEP SN1K03 N MO EEHT MAY NI11 AC1101 BAUD UPON ANY DETECT M TITS E C MORE iHAll LEI (10) 1fRR5 FROM CADOR EREIm 1K DAIS OF YAU1G1.>t 9R5WM wEa R) RPAM CITY SURVEYS r NOT BE RESPOISEE FOR AAY WAILS MADE TO j 12S DOCU%WT AFRR R LEAVES OUR POSSESSVUL ANY COPY, FACMM Er - I OF RRS Dm.dT MUST BE COMPARED ro RE WPIAI POI D, SEALED AND OF Sjt Ulm DOOREMT ro NSUUE M ACCURACY 6 M NCRAUTHN SSaM OR ANY 9" DOPY. AAD ro 260E THAT MO SPOT CXAIOS HAY[ EERY MADE 4 S) AMY SUMOVACE UTILITIES NOT 900 NOWK SERE NOT MARIOD Sy APPROPRIATE UM TY OM PATES AT THE TIME O TMS 9ATEY ' aiw/comTRAouR OPST CCRACT UEL1x URRY CaPAAES ro SEREY a jBOTH DE LOGITIW AND OEM OF RR�ECTIVE uTUTEa AOOITWK sunEnlD WON MAY BE REDIRED ro SIM ART SU05 SUIB/6AOE MUN LDCASOIS a TES DEAWNO W" ON SURVEYS . NOT BE REU'O�E FOR PROTECTION 6 SUIMMACE UOIIES MOT MANED ON THE ORDURE AT TSE ,r a nss 9RYEY. ''�sa 7 r - - - -- - xEVArna"nxYasQRAaw' LDT1 AAD LOT : SaTN E oEit0P1 91B 7. = ACCEDED m THE AW. PLAT THEREOF RECEDED FIHNMY r. IDES N MT BODIL 72 AT PATE II AS K�IIa Iq //Y( Sa'AT. R ON OF ASM DoAm aF PEEL K STATE OF C JCP" \ L DAM A COOPER. BEES A REGISTERED PROLS9aAL LAND SURVEYOR 3 1ADEIRD N THE STATE a CMAX% a DO HEREBY 03ty" THAT THS hTWOVENEIT SUR1EY PUT AND TOWAPNC SURVEY WAS PREPARED BY RIVER ON SURVEYS 1 r, Fa ORSDII AVETIE. LLC. AID STEWART TTLE OF A9VL \ NC.. LMDER MY DEECT 91PERM.90N AND OEOOD AND THAT IT B TRUE AID 4 Y \ - CORRECT TO TIE BEST OF MY 1OIDREDOE ARE MUII. rt R PJRRER CFAAEED THAT THE RPROf]DOS a 11E ABOVE OESO® . YSV,i.�. t✓ \ ` . S'Y� SV \ PARCEL a lIR DATE Lr 4 IDES. DK PI UXVL COMCIINRi, ME d +lI,I, pp•` ,4,r,. EERIELY ■NIL BCADARES PO M PDESCR EIOPT AS 95001. TUT BY NTHECR AERE ARE NO EIGOAOEdR WON 11E DEAIEED PRE/SFS ON ANY MADRRIC PR OOM E®T AS .DICATM APC TUr THERE 15 W THERE9 MO ArART ' SM P a BION OF AS 90K QOS9D a BINOIRD ANY PART T SSE PAEA Et®f AS EASO TE DOCREIIT DES MOT RUSESEPT A TRLE UMa BY IRVER ON WrVEM • A 4y 'S4 l C. TO OEIEYE OMElf9P a EASEREMIS OF ROMM AL MO MATOM SHDM HEEM ISC.N0.1G DETERS'. UUIENIS ND OTHER DJOAMRAI� OP a RECORD WAS OBTAOMM FROM. AAD BUBECE ro A TIRE DornoR PROVIDED BY SIEVART RILE OF ASR1l RC CDER MC A7EE Y DwW A. Cooper �� \ Rs/AN \ / ` COW bo. f.LL d 203E for, and an kW al over (My Swwm LLc- \\ \\ �,��'-P � F,�..�:Ad•tea,-��A�P.,a�„>z.�.-„_•s�RR.. A. LInM,.1. L�� � rPN. MMMMe m WAv wv O EAc M.RV �� HYR'aL � Mal. ,y» • cw wL. � EAe Ra ® a� Macaw D5.1 RAC h4R1A. 5R1 W S R!s PIe.IM Cy. PIS 12RET0 w mom ©®onmEM-.10a� 5Wi rpet. i}romTws 200S-09-01 23 14:37 (GMT) 18667280291 From: Stewart Title of Aspen COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: August 11, 2005 at 7:30 a.m. 2. Policy or Policies To Be Issued: ( X) ALTA (1992) Owner's Policy ( ) Standard ( X ) Extended aposed Insured: Centurion Partners GS, LLC, a Delaware limited liability company (X) ALTA 1992 Loan Policy ( ) Standard (X) Extended Proposed Insured: Alpine Bank, its successors and/or assigns Order Number: 44126-C4 Amount: Premium: Amount: Premium: S4,595,000.00 S5,302.00 $2,996,750.00 $100.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Gibson Avenue, LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows. Lots 1 and 2, SOUTH & GIBSON SUBDIVISION, according to the Final Plat thereof recorded February 7, 2005 in Plat Book 72 at Page 12 as Reception No. 506797. County of Pitkin, State of Colorado. Statement of Charges Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Reissue Rate Tax Certificate $ 20.00 Form 110.1 (Owners) $ 150.00 Form 100 $ 50.00 Form 8.1 $ 50.00 Form 1 10.1 (Lender) $ 75.00 Examiner Name: Tom Twitchell 6 ( ' OF ASPEN CITY OF AdpEN WW T PAID HAETT PAID OAT§ REP NO. DATE REP No. WHEN RECORDED RETURN TO: Name: Centurion Partners GS, LLC Address: c/o John Sarpa 300 South Spring Street Aspen, CO 81611 ILI 514519 Page: 1 of 2 09/08/2005 04:0E SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 459.50 D WARRANTY DEED THIS DEED, made this 8th day of September, 2005, between Gibson Avenue, LLC, a Colorado Limited Liability Company of the said County of Pitkin and State of Colorado, grantor, and Centurion Partners GS, LLC, a Delaware Limited Liability Company whose legal address is c/o John Sarpa, 300 South Spring Street, Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Lots 1 and 2, SOUTH & GIBSON SUBDIVISION, according to the Final Plat thereof recorded February 7, 2005 in Plat Book 72 at Page 12 as Reception No. 506797. County of Pitkin, State of Colorado. also known by street and number as: 805 Gibson St., Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto 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 grantor, 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 grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the File Number: 44126-C'4 Stewart Title of Aspen, Inc. Warranty Deed — Photographic Record (Extended) Page I of 2 514519 TRANSFER DECLARATION RECEIVED 09/08/2@05 I�IItlgRINNu�u�tlNNIIININ�I���NnlNTY CO R nl.Page: o;,9w ff grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESSLXVHFEREPYthe grantor has executed this deed on the date set forth above. William e ringer, Managing Mem r of Gibson Avenue, LLC, a Colorado Limited Li STATE OFC-cf dv Ft Rl VA COUNTY OF Pigtnn DAiDF +j'�� The foregoing instrument was acknowledged before me thus WF_%kS day of SEnu tiRi.�lA , by By: William Boehringer, Managing Member of Gibson Avenue, LLC, a Colorado J Limited Liability Company My commission expires lwj I Witness my hand and official seal. Notary Public: .��;•�" "+ OFFICIAL SM r� • • Madeleine S. K* D.D.# 373390 >L oaevHbCc >� t k, Zoos File Number: 44126-C4 Stewart Titic of Aspen. Inc. Warranty Deed — Photographic Record (Extended) Page 2 of 2 s Aof 5FAL s. Kely T 71CIAL SE L • ILA�, ,,,; ., s. Keay �: 373390 �.� ..7, It �`jrytg0W Impression antibourrage et a sechage ranide Utilisei le gabarit 51600 ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 BOYLES BARBARA PO BOX 192 ASPEN, CO 81612 BURROWS ARTHUR & COLLEEN COLLINS 410 N MILL ST #B-11 ASPEN, CO 81611 I CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CREEKSTONE ASPEN LLC 4545 POST OAK PL STE 100 HOUSTON, TX 77027 DAVIS SILVIA 509 RACE ST ASPEN, CO 81611 GOLDSTEIN GERALD H & CHRISTINE S PO BOX 2045 ' ASPEN, CO 81612 GRIFFITH PROPERTY LLC 225 N MILL ST #8 ASPEN, CO 81611 HARRIS DAVID G & MARGARET ANN 533 SPRUCE ST ASPEN, CO 81611 JOHNSON ELIZABETH A 115 MAPLE LN ASPEN, CO 81611 o09L5 f� ARTHUR STEPHEN F PO BOX 4871 ASPEN, CO 81612 BROOKS LAURIA J 112 MAPLE LN ASPEN, CO 81611 www.avery.com 1-800-GO-AVER CAMPBELL BEVERLY ANNE 207 COTTONWOOD LN ASPEN, CO 81611 CLEAVER CHRISTIN CLARK PO BOX 8993 ASPEN, CO 81612 CWG HOLDINGS LLC 15 WEST 63RD ST APT 29A NEW YORK, NY 10023 i DRISKELL DOUGLAS 200 COTTONWOOD LN III ASPEN, CO 81611 GONZALES STEVE 105 MAPLE LN ASPEN, CO 81611 III J11 I GRIFFITH PROPERTY LLC 709 N SPRUCE ST ASPEN, CO 81611 Il I. II� II HAUENSTEIN WARD & ELIZABETH 1 535 SPRUCE ST ASPEN, CO 81611 III I' I' �I ( JUNG DENNIS PAUL & LISA KANE 1 PO BOX 8351 ASPEN, CO 81612 I A)13"-09-008-L 1 w03'ti8ne•nMMn - * AVERYO) 51600 BARNEY DESIREE H & SAMUEL T III 211 COTTONWOOD LN ASPEN, CO 81611 II 1 I III BUDINGER PEYTON E REV TRUST 728 E FRANCIS ST ASPEN, CO 81611 I II CENTENNIAL ASPEN A LIMITED PARTNERSHIP 0 ASPEN, CO 81611 COX ROBERT 112 MAPLE LN ASPEN, CO 81611 III DANFORTH DAVID N PO BOX 1863 ASPEN, CO 81612 I 1 FORDE CANDICE MARIE 210 COTTONWOOD LN I ASPEN, CO 81611 i _ 11 GREENWOOD GRETCHEN 520 WALNUT ST ASPEN, CO 81611 1 GUPTA BENJAMIN K 5805 S 86TH CIR OMAHA, NE 68127 I Ili I HAUER MINEKO 1 202 COTTONWOOD LN ASPEN, CO 81611 �I�i KAUFMAN STEPHEN M TRUST 3 RIVERWAY STE 1350 HOUSTON, TX 77056 @09L5 31VIdW31®tiaAd asn 6ul;ulid awd afipnwS pue wer antibourrage et a sechage r e www.avery.com ® AVERY& 51600 Impression Utilisez le gabarit 51600 1-800-GO-AVE 1; KING CHRISTOPHER &DONNA I LAWRENCE TERRY KESSLER CHARLES D & DIANNE A 1 CLOUATE I I PO BOX 942 j 114 MAPLE LN I PO BOX 3065 1 1 PINE VALLEY, CA 91962 ASPEN, CO 81611 IIII I ASPEN, CO 81612 I II�• l LEBBY NICK MACK EDWARD E TRUST I MILLER LEE L C/O LA COCINA INC 1 C/O LITTLER MENDELSON 11575 FOLSOM POINT 0 0 FRANKTOWN, CO 80116 ASPEN, CO 81612 I I I CHICAGO, IL 60601 ;I 1 MILLER TROY CHRISTIAN I (. I I JAMES A TRUST MORSE JAM MO I III I OAKES KEN 204 COTTONWOOD LN 213 COTTONWOOD LN I SIDR MUSKEGON, MI 49441 I ASPEN, CO 81611 ASPEN, CO 81611 PETERSON ANNE BYARD ORTIZ MICHAEL PEEPERS HOLLOW LLC I ANNE PETERSON RICHARDS BYARD 520 WALNUT ST I 728 E FRANCIS ST C/O ASPEN, CO 81611 i j ASPEN, CO 81611 1 0 ASPEN, CO 81611-2112 POWELL MARY FRANCES I RATHBUN W DON PHILLIPS JOHN E & LYNN D I THORNE MICHAEL JEFFREY I PO BOX 1573 305 OAK LN I 0 1 I ASPEN, CO 81612 ASPEN, CO 81611 1 ASPEN, CO 81611 1 I 1 RICHARDS WILLIAM J & JUDITH M I ROSENFIELD DAVID BARRY & MARIA 1 i SEYMOUR EUGENE H & JUDITH K I 390 N SPRING ST 2534 1 PO BOX 25 3382 DEL MONTE DR HOUSTON, TX 77019 1 ASPEN, CO 81611 ASPEN, 81612 I SOSNA DALIBOR & DOMINIKA I STONE PHYLLIS 1 STROBL MARIO J II 110 MAPLE LN PO BOX 3970 I 108 MAPLE LN ASPEN, CO 81611 I ASPEN, CO 81611 ASPEN, CO 81612 I I� Y VENTURE LLC TAYLOR LAKE EQUITY TUITE WILLIAM E I l VAIL ROBERT 307 OAK LN 728 E FRANCIS I 212 COTTONWOOD LN � ASPEN, CO 81611 � ASPEN, CO 81611 1 ASPEN, CO 81611 1 JI i �II VOLK RICHARD W FAMILY RESID TRUST VOLK SUE J FAMILY RESID TRUST 1/2 III 1 WALDROP L MEL 1/2 2327 MIMOSA DR 209 COTTONWOOD LN 2400 SUGUSTA #340 I HOUSTON, TX 70719 I ASPEN, CO 81611 HOUSTON, TX 77057 I I I > �1i ICI l WALNUT PROPERTY LLC WEISS DAVID S WIENER WILLIAM B JR C/O CAMILLA AUGER PO BOX 11911 333 TEXAS ST #2375 SHREVEPORT, LA 71101 0 ASPEN, CO 81612 1 ASPEN, CO 81611 -- - - — ---- - J121 V-OD-008-L ..�• - -' I -- ®09L5 31\fIdW31®iGand ash I 6uliulad aaJd a6pnw5 pue we j ,�,09L5 �A2I3Ad 1�TJ \ wortiane-mmm Impression antibourrage et a sechage rapide www.avery.com Utilised le gabarit 51600 1-800-GO-AVER I. YOUNG DENNIS & ANDREA ZUPANCIS ROBERT L PO BOX 133 PO BOX 11481 ASPEN, CO 81612 ASPEN, CO 81612 I I. * AVERY6 5160® AH3AV-09-008-L 009LS 3JLVldW31 ptiand asB 091,5 @)AH3AV Q wortiane•mmm 6ul;uud aaud a6pnwS pue wer ' I 506211 Page: 1 of 7 I IIIIII 01//20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 ORDINANCE NO. 161, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-073-00-031 WHEREAS, the Community Development Department received an application from Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC for Subdivision approval and Growth Management Quota System (GMQS) Exemptions to subdivide the existing lot into two lots for the development of up to three primary dwelling units in accordance with the City of Aspen Land Use Code; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Parks, Zoning 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 proposal 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 for up to three units on the two proposed lots; 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 three to one (3-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, 506211 III III , 01//20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 0 0.00 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 approved this Ordinance (on Second Reading) for Subdivision; and, 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 South and Gibson Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance of a building permit for either new lot: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site, as determined by the City Zoning Officer. b. Cash in lieu of school land dedication shall be paid. c. Mitigation shall be required in accordance with Section 26.470.070.13 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 to the City Zoning Officer for review if a credit is to be used against any required payment of cash -in -lieu of an accessory dwelling unit (ADU). d. Any proposed new dwelling shall demonstrate compliance with the Residential Design Standards or any needed variances shall be obtained. e. 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. f. An outdoor lighting plan for each residence shall be submitted. g. All tap fees, impacts fees, and building permit fees shall be paid. h. The private well for the existing house must be abandoned and a new municipal water service installed. 2. 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 506211 Page: 3 of 7 01/20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 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. 3. 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 requirements of this condition shall be noted on the subdivision plat and in the Subdivision Agreement. 4. A common driveway shall be required for access to the lots and only one (1) curb cut shall be allowed. The applicant may take access from either South Avenue or Gibson Avenue; however, the driveway shall be placed as far as practicable from the South/Gibson Avenue intersection. A hammerhead driveway shall be constructed to allow cars to turnaround on -site and avoid backing onto the street. 5. The applicant shall construct a sidewalk, in compliance with City of Aspen Department of Engineering standards, for the entire portion of the property fronting Gibson Avenue. The applicant shall also construct a sidewalk partially along South Avenue to a point near the intersection of Gibson Avenue and South Avenue that the City Engineer determines is sufficient to allow safe pedestrian passage to the sidewalk on the north side of South Avenue. Prior to recording of the final plat, the applicant shall also sign a sidewalk agreement agreeing to fund the construction of a sidewalk along the entire South Avenue frontage at such time as the City decides to undertake such construction. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single `non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Avenue 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 demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re -grading Gibson Avenue The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either Lot 1 or Lot 2, whichever comes first. No final 506211 Page: 4 of 7 llll�i 01/20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 inspection or Certificate of Occupancy will be given until 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 intersection. This site triangle shall be noted on the plat. 9. 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. 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 Lot 2, the 15,079 square foot lot. This restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot. 12. The applicant shall comply with Ordinance No. 25, Series of 19.94 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permits on both lots. All soils on Lots 1 and 2 shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing protocols, the soils are found to be uncontaminated, the following requirements shall not apply. However, to the extent that any contaminants are discovered, the following requirements shall apply: a. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non - permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. b. The owner and general contractor of any development on Lots 1 and 2 of the South and Gibson Subdivision shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. 506211 Page: 5 of 7 III III 01//20/2005 01:401 SILVIR DAVIS PITKIN COUNTY CO R 36.00 D 0.00 c. The owner shall complete a Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the properties. 13. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. 14. The applicant shall be required to test for soil contamination in the area where the previous owner stored an aboveground fuel tank. If the soils in said area are found to be uncontaminated, there shall be no further requirements. However, to the extent that any contaminants are discovered, the requirements of condition #11 (a) and (c), above, shall apply and the applicant shall be required to notify the future owner of the tank's existence. 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 Cgwci l pf the City of Aspen on this 25 h day of May, 2004. ATT ST:'. 000 • 4 '_'';� , ity Clerk 14elenKalin Zan eru ayor FINALLY, ADOPTED, PASSED, AND APPROVED this 28`h day of June, 2004. 11 11r t,. L Helen Kalin Klanderud, Mayor APPROVED AS TO FORM: �e� Jo orcester', City Attorney 506211 Page: 6 of 7 01/20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 I A.LTA ONN"NER'S POLICY EXHIBIT W A parcel of land situated in the South one-half of Scetior. 7, Town3hip 10 South, Range 84 rst of the Sixth Principal Meridian, Pitkin County, Colorado bcing.more fully described as :follows: Beginning at a point whence Corner 22 of Tract A, East Aspcn Additional Towmsite bears South 441 35'50"" East 3.91 feet: thence North 65°0312"" Fast 7.45 feet; thence 51.50 feet along the arc of a non -tangent curve to the left the radius of said curve bring 741.97 feet, the chord of said curve bears South 89' 1 1' l4"" East 51.49 feet: thence North 84'23'24"" East 143.54 feet to a point on the Northerly boundary of the Smuggler Mobile Home Park; thence Southeasterly along said boundary, South 37' 11'41"" Nest 60.04 feet; thence North 4.08 feet; thence South 29'03'05"" West 102.32 feet; thence North 61°48'00"" West 7.00 feet to a point on the Easterly boundary of Parcel No. 1 as described in instrument recorded in Book 488 at Page 205, Pitkin County records; thence South 29'34'00"" West 108.00 feet along said Eastcrh• boundary to the Northeasterly boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the left having a radius of 940.00 .fcct, the chord of said curve bears North 20'30'55"" West 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve beuig 220.00 feet, (the long chord is North 1 1'54'45"" West 37,29 feet; thence 19.40 feet along the arc of a curve to the right, the radius of said curve being 37.60 feet, (the tong chord North 30145'32"" East 19.19 feet to the Point of Beginning. COUNTY OF PTI KV, STATE OF COLORADO. STEWART TITLE GUARUI Y CONIPAI'Y 506211 Page: 7 of 7 P FINAL PLAT [a � SOUTH & GSUBDIVISION 72IBSON S' f h•^i',.a'. "' ,It � W° x .c u x xm .^ mare aox+va rr'ru Ya- : s� SITUATED iki SECTION 7, TOWNSHIP OUTH, S�w'n. cT canaca"�`e 1 r/ RANGE 84 WEST OF THE 6TH P.M. 0P6f x CITY OF ASPEN, PITKIN COUNTY, COLORADO 4' rer '- ♦ Lr•1,� , ¢Cs=uw. .ec`0x 0=i x lxxx XX ':. c _'I y�� '� X �'•� .Q �`,'\`l `� �u�ac�e ��ccy__-_ - i-.0 -x..— .:=Ksc+�{.xe��an ?>�Y�•>aa � ", ° � \ � 1• ' I�w'�-�� 1_: �fll! ! X S�^:! al A.LfFMi :.G W^ Y, w.' 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YA1. 12"30 �• �'f "�"X - � ad $ r«.m.a.nl.Mila L ., �'4 j / Ii ®E. ... o. �1.. • i iw.' -,ns . K.v CRY SunM. LLt. - I.rx1.07 :.1p s • n J. 559II, I {�''I �LLpII�� 1I1�` 506797 - LE 1 'i1°T Itl —5 �I IIW I4IIIIII iI tlIK.�� - .K ... - o... .T.�... e. ... .e RESOLUTION NO.'-71 Series of 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, -- APPROVING A SETTLEMENT STIPULATION IN THE MATTER OF STANLEY E. LAURISKI, ET AL. V RUTH C BISEL. ET AL., CIVIL ACTION NO. 93 CV 259-3, IN THE DISTRICT COURT OF PITKIN COUNTY, COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT STIPULATION ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement Stipulation in the matter of Stanley E. Lauriski, et al. v Ruth C. Bisel, et al., Civil Action No. 93 CV 259-3, District Court for Pitkin County, Colorado, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Settlement Stipulation, and does hereby authorize the City Manager to execute said agreement on -behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the a3r� day of 1995. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by. the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kat ryn S. Koch, City Clerk lauriski.res DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO Case No. 93 CV 259-3 --- --- SETTLEMENT STIPULATION STANLEY E. LAURISKI, a/k/a STANLEY E. LAURESKI, AND ROSE MARIE LAURISKI, a/k/a ROSE MARIE LAURESKI, Plaintiffs, V. RUTH C. BISEL; RUTH BISEL; WILLIAM H. LOUGHRAN; CITY OF ASPEN, COLORADO; COUNTY OF PITKIN, COLORADO; and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski; and defendant, the City of Aspen, a municipal corporation, including John Bennett and his successors in office, as Mayor of the City of Aspen, and defendant, the County of Pitkin, Colorado, hereby stipulate as follows: WHEREAS, the parties hereto comprise and constitute all of the known parties to this action; and WHEREAS, the City'of Aspen, asserts ownership of a portion of the real property described in the complaint; and WHEREAS, the City of Aspen and the County of Pitkin, are satisfied that Plaintiffs have a valid claim of ownership of a portion of the real. property described in the complaint, by reason of previous deeds of conveyance and adverse possession for a period in excess of eighteen (18) years pursuant to Section 38-41-101(1) of the Colorado Revised Statutes; and WHEREAS, the parties hereto mutually desire to settle this action in the manner hereinafter set forth, and such settlement has been approved and authorized by resolution of the City Council of the City of Aspen, Colorado, at a meeting thereof duly called and held on(DcTAF�CP 1995, and the Board of County Commissioners of Pitkin County, Colorado, at a meeting thereof duly called and held on I-*E6-:::Mr1E2. l -L, , 1995 . 1 NOW, THEREFORE, plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, [ 11 and defendants, the City of Aspen and the County of Pitkin, by their respective attorneys, stipulate and agree as follows: 1. The title to the real property described in the attached -Exhibit A, which property is a part of the property described in the complaint, may be quieted in plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski. 2. For purposes of any future application by plaintiffs or their successors for a development order, as defined in Section 3- 101 of Chapter 24 of the Municipal Code of the City of Aspen as such section exists at the time of this stipulation and as may be amended in the future, the property described in Exhibit A shall be deemed to have an area of 22,882 square feet. 3. Title to the real property described in the attached Exhibit B, which property is a part of the property described in the complaint, may be quieted in the City of Aspen subject to the non-exclusive reserved right of plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, and their successors in interest, to use, occupy, and enjoy said property except to the extent that the City of Aspen shall undertake construction of a public roadway, sidewalk, underground utilities or underground drainage facilities or other public improvements. 4. Title to the real property described in the attached Exhibit C, which property is a part of the property described in the complaint, may be quieted in the City of Aspen. 5. All parties hereto shall bear their own costs, expenses, and attorneys' fees in this action. 6. Pursuant to the foregoing, a decree quieting title in the form.attached hereto as Exhibit D may be entered by the Court. Dated this ��TK day of�µ1f3C 1995. TADDUNE & GUEST THE CITY OF ASPEN Paul J. Tad une, #10824 Jo cester, #2061 323 West Main Street 130 South Galena Street Aspen, Colorado 81611 Aspen, Colorado 81611 (970) 925-9190 (970) 920-5055 Attorneys for Plaintiffs Attorney for City of Aspen Sandra M.-tul er, 10509 106 South Mill Street, 1202 Aspen, Colorado 81611 (970) 920-1018 7John M. Ely, 067- Attoney rr the County of Pitkin 530 E.-Main Street Aspen, Colorado 81611 (970) 920-5190 EXHIBIT A A parcel of land situated in the South one-half of Section 7, Township 10 South, Range 84 nest of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence Corner 22 of Tract A, East Aspen Additional Townsite bears South 44 Degrees 35 Minutes 50 Seconds East 3.91 feet; thence North 65 Degrees 03 Minutes 32 Seconds East, 7.45 feet; thence 51.50 feet along the arc of a non -tangent curve to the left, the radius of said curve being 741.97 feet, the chord of said curve bears South 89 Degrees 11 Minutes 14 Seconds East, 51.49 feet; thence North 84 Degrees 23 Minutes 24 Seconds East, 143.54 feet to a point on the northerly Boundary of the Smuggler Mobile Home Park; thence southeasterly along said Boundary, South 37 Degrees 11 Minutes 41 Seconds West, 60.04 feet; thence NORTH, 4.08 feet; thence South 29 Degrees 03 Minutes 05 Seconds West, 102.32 feet; thence North 61 Degrees 48 Minutes 00 Seconds West, 7.00 feet to a point on the easterly Boundary of Parcel No. 1, as described in the instrument recorded in Book 488 at Page 205, Pitkin County Records; thence South 29 Degrees 34 Minutes 00 Seconds West, 108.00 feet along said easterly Boundary to the northeasterly Boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the left having a radius of 940.00 feet, the chord of said curve bears North 20 Degrees 30 Minutes 55 Seconds West, 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve being 220.00 feet, (the long chord is North 11 Degrees 54 Minutes 45 Seconds West, 37.29 feet; thence 19.40 feet along the arc of a curve to the right, the radius of said curve being 37.60 feet, (the long chord North 30 Degrees 45 Minutes 32 Seconds East, 19.19 feet to the Point of Beginning. The description describes a Parcel of 21,937.92 square feet more or less. EXHIBIT B A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Aspen Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence southeasterly along said back surface of the curb and gutter the following 6 courses; southeasterly 41.54 feet along anon-tangential.curve to the left, the radius of said curve being 736.97 feet, (the Long chord is South 89 Degrees 33 Minutes 40 Seconds East, 41.54 feet) ; thence North 85 Degrees 06 Minutes 12 Seconds East, 32.91 feet; thence North 83 Degrees 50 Minutes 43 Seconds East, 42.91 feet; thence North 84 Degrees 21 Minutes 51 Seconds East, 36.77 feet; thence North 84 Degrees 26 Minutes 36 Seconds East, 28.50 feet; thence North 82 Degrees 46 Minutes 45 Seconds East, 6.85 feet to a point on the northwesterly boundary of the Smuggler Mobile Home Park; thence along said Smuggler Mobile Home Park boundary South 37 Degrees 11 Minutes 41 Seconds West, 7.03 feet; thence South 84 Degrees 23 Minutes 24 Seconds West, 143.54 feet to the beginning of a curve; thence 51.50 feet northwesterly along a curve to the right, the radius of said curve being 741.97 feet, (the long chord is North 89 Degrees 11 Minutes 14 Seconds West, 51.49 feet); thence North 65 Degrees 03 Minutes 32 Seconds East, 10.87 feet to the TRUE POINT OF BEGINNING. The description describes a parcel of 943.466 square feet more or less. EXHIBIT C A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence North 65 Degrees 03 Minutes 32 Seconds East, 22.09 feet; thence North 84 Degrees 20 Minutes 00 Seconds East, 179.22 feet; thence South 37 Degrees 11 Minutes 41 Seconds West, 15.93 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue; thence southwesterly along said curb and gutter back surface the following 6 courses; South 82 Degrees 46 Minutes 45 Seconds West, 6.85 feet; South 84 Degrees 26 Minutes 36 Seconds West, 28.50 feet; South 84 Degrees 21 Minutes 51 Seconds West, 36.77 feet; South 83 Degrees 50 Minutes 43 Seconds West, 42.91 feet; South 85 Degrees 06 Minutes 12 Seconds West, 32.91 feet to the beginning of a curve; thence 41.54 feet northwesterly along a curve to the right, the radius of said curve being 736.97 feet, (the long chord is North 89 Degrees 33 Minutes 40 Seconds West, 41.54 feet), curve terminating at the TRUE POINT OF BEGINNING. The description describes a parcel of 2,145.30 square feet more or less. A • 19.40, R • 37.f0' tf•R30.43'32'E ppf CL • I9.1S* 1• E • �• {! 344`73't0,[ 1 2.91 .30 .100 ~�I• REV"ED 9/19/23 A•37.34' R•220.00' CO. 911'34'431a CL•1T.2f' i10[rAl11 ♦REA CURVE DATA A• 314T' R • 33.47 ' A•04'OT'23' Cf•iff•O4'74-E CL • 33.44, AA. I =.vie C - 3 2f `74'00 � nf.00' T:00' 'i, •' SMUGGLER' MOBILE PARK 'F CUR[ • CUTTER 'CURVE DATA A • 41.34 R • 734.97' ♦ • 03' 13'47, , Cf• w[1'33'40'M CL•41.34' DE5C2(3ED C'MRSIT A +� % DEs��ci gE� o� wultB cT 3 `C;� 0. • � �• 'L t try 7 p, • � � cY a r'` MO ATM. 4Af' -:. I• `fp' O. �. fit'4i 43"R• a f.f7' • r 71T•II'41�r f3.00' fw 17J3' l NI oe l y l Y N � c m 0 U I tn LA" U PUBLIC NOTICE RE: 2" AMENDED PLAT — SOUTH AND GIBSON SUBDIVISION (805 SOUTH AVENUE), SUBDIVISION AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 9, 2006, 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 Centurian Partners, LLC, 300 Spring Street, Suite 301, Aspen, CO 81611, which is the owner of the subject property. The Applicant requests a subdivision amendment to relocate the existing lot line shared by Lot 1 and Lot 2 of the South and Gibson Subdivision resulting in a reconfiguration of the dimensions of the lots. In order to develop the property as described previously, the applicant is requesting the following development approval: subdivision amendment. The property is legally described as Lv%s 1 and 2, South and Gibson Subdivision,, and is mnore co nmonly known as 805 South Avenue, Aspen, Colorado, 81611. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, jennifep@ci.aspen.co.us. s/ Helen K. Klanderud, Mayor Aspen City Council Published in the Aspen Times on December 18, 2006 City of Aspen Account Zone 4 Architects PO Box 2508 Aspen, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 �"%)RING v o Pm CD IE J 19 DEC Ill Iit M i IIII1111Ill IIIIll IIIIIIIIIll iIll IIfIIfIll III IIIIIIII `'". f \\+.'ire � y �j �^a � "°*� 'i• .��C '�'�5,� �� w Met ry , �`\ •. �a °� t � 1r Y c, {: 'CitZnp` t y s �. •��fi�s 'y °r,�v x.. y 7; ,� /TtdS? r �Br� �h.*`� Vc � ��� f • «s ova cyiu .h.g •'R,aC 4 a.. O: M' ` � T '( �♦lKiti ,.y,. t yybo. 1 � 1 �_j �r *,k _'°t- .6..� ._"..._•.1 _ � .v M� .'�y ,{,4t t,; ,'n` .;ice ,,�,� / / CHB�9 Nap; 1'9 Tfe to Ug Caos�9,9� 1 Survey Coast & Geod�6\ I S.58°14'091W Q'159'" t\ 1510.53' � OA1oiloo pCS 2903pshinar / 1 9. �0 N' SKETCH PLAN - 2ND AMENDED PLAT SOUTH & GIBSON SUBDIVISION SITUATED IN SECTION 7 TOWNSHIP 1 O SOUTH Notes 1) THIS 2ND AMENDED PLAT OF THE SOUTH & GIBSON SUBDIVISION HAS BEEN PREPARED PURSUANT TO AND IN ACCORDANCE WITH CITY COUNCIL ORDINANCE NUMBER ----- (SERIES OF --------), AND THE SOUTH & GIBSON SUBDIVISION AGREEMENT RECORDED AS RECEPTION NO. _____ THE LANDS AFFECTED BY THIS PLAT ARE SUBJECT TO THE TERMS AND CONDITIONS OF SAID ORDINANCE, AND I HE TER AGEEMENT, AND BY APPLICMS OF THEABLE LADND CONDITIONSUSEREGULATIONS OFBTHE SCITY OF ASPEN. THE TTERMSLAND /ac. �01 Lg03 t� yp 5� RANGE 84 WEST OF THE 6 T H P • M • CONDITIONS OF SAID ORDINANCE, SAID AGREEMENT, AND OF THIS PLAT SHALL RUN - Uou/f', Pa �SQSI� vrv; y91pV gee°oPPS CITY OF ASPEN PITKIN COUNTY COLORADO WITH THE LAND AS COVENANTS BURDENING THE SAME. a v G � / 2) THE EXISTING HOUSE NEED NOT BE DEMOLISHED TO ACCOMMODATE THE NEWLY racerrn i nr [.7ni Inln aairc eNn Tuc CNf RnArl-IAAFAI TC InI T(1 CPTRAr.V AREAS MAY CONTINUE TO EXIST FOR THE LIFE OF THE ORIGINAL STRUCTURE ONLY. UPON CITY ENGINEER'S CERTIFICATE REDEVELOPMENT, ALL STRUCTURES ON THESE TWO (2) LOTS SHALL COMPLY NTH THE 6 r�o%orvsrL� / J Fd.Rebor&Cop R-6 ZONE DISTRICT PROVISIONS WITH RESPECT TO THE NEWLY CREATED LOT ti >sGo�JpP�c o��O <g p✓L PCS89184 \ \ I, _ _ _____ ______ ___, CITY ENGINEER FOR THE CITY OF ASPEN, BOUNDARIES AND SETBACKS, UNLESS VARIANCES ARE DULY OBTAINED. COLORADO, DO HEREBY APPROVE THIS 2ND AMENDED PLAT OF THE SOUTH & GIBSON SUBDIVISION, TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OFDEVELOPMENT N TS 1 AND 2 SHALL BE SUBJECT TO THE TERMS AND ?� 1 � C' PITKIN COUNTY, COLORADO, THIS --------- DAY OF -------------------- 3)VI0 LOTS /1 y \ \ � A�� `�� \ \ / 2005. PROVISIONS OF SECTION 26.470.070(8) OF THE ASPEN LAND USE CODE, AND AS MAY - ------ -- -- -- BE AMENDED FROM TIME TO TIME. A$^' g \ �cY71� o^ \ �G \ \ �0\ BY: __ 4 THERE SHALL BE NO FURTHER SUBDIVISION OF EITHER LOT IN THE SOUTH & ,.s c \ 6 � CITY ENGINEER GIBBON SUBDIVISION, PROVIDED, HOWEVER, THAT CONDOM LOTMIOR PURPOSES O THE SIMILAR SHALL NOT BE CONSIDERED FURTHER SUBDIVISION OF A LOT FOR PURPOSES OF AI be° \ / \ COMMUNrrY DEVELOPMENT DIRECTOR APPROVAL ENFORCING THIS RESTRICTION. (�/ THIS N AMENDED PAT F THE H SUBDIVISION, TV F ASPEN, 5) NO STRUCTURES OR TREES MAY BE PLACED IN THE NON-EXCLUSIVE COMMON S 2 D E DED L 0 E SOUTH & GIBSON SUBD SO C 0EASEMENT SHOWN HEREON WITHOUT THE PERMISSION OF THE CITY ENGINEER AND COUNTY OF DEVELOPMENTITKINDIRECTORTOFOTHEOCIOYAO� ASPEN,HAS ESTATE OFEN OVED COLORADO� ON LTH S MUNITV APPLICABLE/AFFECTED UTILITY PROVIDERS. DAY OF 2005. 6) THERE SHALL BE NO STRUCTURE OR LANDSCAPING OVER THIRTY (30) INCHES / Al� o _ \ \ / to O 5 !O RY• TAI I INSTAI I FD IN THE SITE TRIANGI F DFPICTFD HFRFON. WHICH IS LOCATED THIRTY VICINITY MAP / j / / 4532� / V yOCG� \ \ / COMMUNITY DEV. DIRECTOR (30) FEET WITHIN THE GIBSON AVENUE/SOUTH STREET INTERSECTION. SCALE 1 INCH = 2000 FEET550' /�� `, �E : , 6 ar CITY OF ASPEN, COLORADO 7) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF 5.29'34'00"W. BETWEEN La-'"" / L1 \ / pt05t A'' \ \ G1 TWO PROPERTY CORNER MONUMENTS ALONG THE SOUTHEASTERLY PROPERTY, AS oP ( [x ( \ EP g0 \ MORE FULLY DEPICTED HEREON. CITY COUNCIL APPROVA8THE PRPERTY SHOWNL a ` `F` /14r k cf A Co6o �,o�o / \ Fd• t5G°P�` \ Pam" / \ \ �� IS SUJECT TO ALL EASEMENTS, THIS 2ND AMENDED PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RIGHTS-OFO WAYS, OR O ERREON REESTRICTIONS OF RECORD, AS SUCH ITEMS AFFECT THIS ASPEN, STATE OF COLORADO, THIS __________ DAY OF J°1y2005. p PROPERTY. �+ / '' \ \ " °2 \ �� NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION ATTESTATION: 9) N I MM -------------------------- BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE (3) YEARS AFTER YOU \.V CITY CLERK DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN e ly \ / !' 1 THIS SURVEY BE COMMENCED MORE THAN TEN (10) YEARS FROM THE DATE OF F+56f MAYOR OF ASPEN -------------------- CERTIFICATION SHOWN HEREON �> V A G� � 10) RIVER CITY SURVEYS WILL NOT BE RESPONSIBLE FOR ANY CHANGES MADE TO k P °'^ THIS DOCUMENT AFTER IT LEAVES OUR POSSESSION. ANY COPY, FACSIMILE, ETC., OF 41/ THIS DOCUMENT MUST BE COMPARED T THE ORIGINAL SIGNED, SEALED AND DATED DOCUMENT TO INSURE THE ACCURACYOF THE INFORMATION SHOWN ON ANY SUCH CG \ COPY, AND TO INSURE THAT NO SUCH CHANGES HAVE BEEN MADE. //V� r1 o�{,(�� 11) ANY SUBSURFACE UTILITIES NOT SHOWN HEREON, WERE NOT MARKED BY r` / m V Q \7 / P v ^ \ \ ��6 APPROPRIATE UTILITY COMPANIES AT THE TIME OF THIS SURVEY, CLIENT/CONTRACTOR At `po%�` MUST CONTACT SPECIFIC UTILITY COMPANIES TO VERIFY BOTH THE LOCATION AND 'd '/ ,n�ye� \ DEPTH OF RESPECTIVE UTILITIES. ADDITIONAL SURVEYING WORK MAY BE REQUIRED TO `J ��,/f�: P SHOW ANY SUCH SUBSURFACE UTILITY LOCATIONS ON THIS DRAWING. RIVER CITY ��' V v� / \ \ ° / \ SURVEYS WILL NOT BE RESPONSIBLE FOR PROTECTION OF SUBSURFACE UTILITIES NOT MARKED ON THE GROUND AT THE TIME OF THIS SURVEY. 1 .[ 12) PER ORDINANCE _ OF --------- THE TWO LOTS MUST BE SERVED BY A / / L / I ®et o/'/ SINGLE COMMON DRIVEWAY. 13) THE NON-EXCLUSIVE COMMON EASEMENT IS FOR ROADWAY, DRAINAGE �Of, IMPROVEMENTS, SIDEWALK, CURB AND GUTTER, AND UTILITIES PURPOSES. / ^ 10 P \ 14) FINAL DESIGN OF ALL SITE IMPROVEMENTS (IMPROVEMENTS TO BE MADE IN THE �, �e " % / \ \ PUBLIC RIGHTS -OF -WAY AND/OR WITHIN THE AREAS ENCUMBERED WITH SETBACK REQUIREMENTS) SHALL BE SUBMITTED TO THE CITY ENGINEER FOR REVIEW AND 5; % i y / �� - ( g63� aq \R. \ \/ APPROVAL PRIOR TO BUILDING PERMIT APPLICATION FOR DEVELOPMENT ON LOT 1 OR �� ti / LOT 2, WHICHEVER COMES FIRST. go A� 15) FINANCIAL SECURITIES IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS 4 \ AGREEMENT SHALL BE PROVIDED AT THE TIME OF BUILDING PERMIT APPLICATION t 'Y► witness corn 4° �� f / VI00 �'OQ % `d / r 1 ) / _ \ \� \ / SUBMITTAL. a J o cn N �J (✓i / N set i5 RebPls 2gp30��CC / f �/ / 529 �`/ / - \ • Orivewoi / - \ \ /ryg66 COP C� / / .. / ' ` COW. / <,5 k � ,__idea me- J: <4� \ (A CERTIFICATE OF DEDICATION AND 0 NERSHIP ( ; MBA, KNOW ALL PERSONS BY THESE PRESENTS THAT o4J V/ o'°JO/��// / / /A��� 1 5�ae�GG�O� \ /o,�rQbe / \ OWNERS MORTGAGEES OR LIEN HOLDERS OF ALL THAT REAL PROPER ETY SITING TOU TED LE QO V �e �I =�' ' �� -'' IN THECOUNTYOF PITKIN, STATE OF COLORADO, SAID REAL PROPERTY DESCRIBED / 9 , / �� / ndwe11 `, �pt� 0 G / F AS FOLLOWS: wi q k / / �ea��o� C� PPQo S ��rc� LOTS 1 AND 2, SOUTH AND GIBSON SUBDIVISION, CITY OF ASPEN, COUNTY OF PITKIN, �� `O / `\ �p0 Stec X_x-� \ ry?9& owl z ! STATE OF COLORADO, SAID PARCEL CONTAINING 0.50 ACRES (21,938 SQUARE FEET), t/�. / or d plastic 'A Fd �5 ��o f� MORE OR LESS; THAT SAID OWNER HAS CAUSED THE SAID REAL PROPERTY TO BE CoPb 5 290 ' R�o� LAID OUT AND SURVEYED AS THE SOUTH & GIBSON SUBDIVISION, A SUBDIVISION OF A Fd PL X 6 Oq \ \ PART OF THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, x 0 'Non-Exdasiee Gammon Eosemeat, / � a l / / / `, •r'. !; "_.x , 'r � � per condition Q Section ! dinance No. 16 (Sd es of 2004J / / / / / C. FPLS // 25947dp 1� \ EXECUTED THIS _ _ DAY OF _ ,A.D. 2005. endow %✓ ` OWNER: well< � BY: --------------------------------------- log. m _ k/ \\ \� STATE OF COLORADO ) GrNi/ X/X/ \ 7 8 COUNTY OF PITKIN )SS. X/ THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS________ DAY ( / 2 O� OF-------------------- A.D2005, ton g i' } MY COMMISSION EXPIRES----------------------------- WITNESS MY HAND AND SEAL \ -------------------------------- TITLE CERTIFICATE NOTARY PUBLIC 795$ , ___________________________, THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF ____________ _____ __ ___, A LICENSED TITLE �a'��G�• \ INSURANCE COMPANY AUTHORIZED TO 00 BUSINESS IN THE STATE OF COLORADO o (�,p' HEREBY CERTIFIES THAT TRANS-AMERICA TITLE INSURANCE COMPANY HAS EXAMINED THE RECORDS OF THE COUNTY CLERK AND RECORDER OF PITKIN COUNTY, COLORADO d -a -Fbar ��7fi ` AND HEREBY CERTIFIES UP TO __ _-__ -___ THAT TITLE TO h , O xg Q P(591 dap THE HEREON DESCRIBED REAL PROPERTY, SITUATE IN THE COUNTY OF PITKIN, STATE \o B4 X OF COLORADO IS VESTED IN -____ ----------- --- _____________, IN FEE \ SIMPLE. ..PR ELl1 Im NRY- �. x \ Surve or`s Certificate oe 01 00 x/ \ LEzEND -- LIME TABLE LINE BEARING DISTANCE L1 N29'34'00"E 3.75 L2 N14'43'04"W 3.35 L3 N01'26'13"E 16.27 L4 N13'33'36"W 8.18 L5 N18'03'06"W 57.57 L6 N2314'28"W 35,52 L7 N75'15'52"E 13.24 L8 N33'34'06"E 16.16 L9 N72'58 44"E 12.80 1_11 N10*47'21 "W 12.97 L12 S88'08'55"E 8.04 L13 N40'10 26"E 25.71 CURVE MALE CURVE # Arc Length Radius DELTA Tangent Chord Bearing Chord Distance CURVE N Cl 4.35 55.50 4'29'30" 2.18 N15'48'21'W 4.35 C1 C2 59.84 660.68 5*11'22' 29.94 N20'38'47"W 59.82 C2 C3 15.41 70.00 12'36'51" 7.74 N16'56'02"W 15.38 C3 C4 13.15 19.71 38'14'07" 6.83 N08'29'26"E 12.91 C4 I, DAVIO A. COOPER, DO HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR DATED THIS ------------ DAY OF_________________________________ LA LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A A.D. 2005. TRUE, CORRECT AND COMPLETE PLAT OF THE 2nd AMENDED PLAT, SOUTH & GIBSON SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE BY ----------------------------------------------------- LOTS, EASEMENTS, AND STREETS OF SAID SUBDIVISION EXEMPTION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. N WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS 27th�_pAt 4_. iC, BER, •, 1 %lI))IAf111 OB)i L A.D. 2005. A\�Q P� r,'u Ld David A. Cooperv\� CLERK AND RECORDER'S CERTIFICATE Colo. Reg. P.L.S. # 29030� vo-j THIS 2ND AMENDED PLAT OF THE SOUTH & GIBSON SUBDIVISION WAS ACCEPTED FOR For, and on Behalf of ; _V ; 1k; FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, rZ C7 Q River City Surveys, L.L.C. 27� J AT _ _ __ _ -__ O'CLOCK, THIS ----__ --DAY OF -------------- , + d' ,• O' 2005, IN PLAT BOOK __ ON PAGE ___ _ , AND AS RECEPTION NO. jO% # , 3164 s(lee, t 0 r S/ •"' �� ?t + Ay ------------------------------------------------------- c1 b, 1 of s, CLERK AND RECORDERO phone 970-945-6019` . 1 fax 970-945_6022 plotted .. 10/27/2005o3:35 PM 1 of $ tiC' p1N hx'`"'-F.i� Y `} yi".• fs; M • .. F, s i" � � T 1 4 1} t t 7 7 V}�+n F+ 'C 1 � > \ ", Z{ y„ i�3� j t59 r � � y , t •`1 W3gNj(j�j,/y }i'� � �, ,...p.v.;;y! /�tf �*4;`�{,��r+. /tsp4..`�•J yl �,.r` f ys. i p�nf M PROVEM ENT SURVEY PLAT /moo 3z 030 or -I;;,� 00# SOUTH & GIBSON SUBDIVISION_/ t''>9>9• �9j�.. �,�"-Oo j'0 SITUATED IN SECTION 79 TOWNSHIP 1 ❑ SOUTH9 I SSSgejyP°ntoQt S9`eod�fa u$eTVc _ ,p �19 RANGE 84 WEST OF THE GTH P.M. xv : ��,t�' / CITY OF ASPEN, PITKIN COUNTY? COLORADO CAP \ ° f6 /ilj �c9-�`hirho� � � Cg '�../ � , p.•••�G-PLS { 9184 � •-.. /sg .Q °per A \ 0 j s�. o A v / k / 6e°y ! \ oso Yo \ \ \ \ 5 b 2 Notes VKM11 1 MAP / 045 y�"W / V 9� "` \ ^. ; f ;� s �r 1) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S.29'34'00"W. BETWEEN TWO PROPERTY CORNER SCALE: 1 INCH - 2000 FEET PROPERTY,ASMORE FULLY DEPCTEDNHEREON. UMENTS ALONG THE SOUTHEASTERLY 2) THE PROPERTY SHOWN HEREON IS SUBJECT TO ALL EASEMENTS, Sill \ G RIGHTS -OF -WAYS, OR OTHER RESTRICTIONS OF RECORD, AS SUCH ITEMS AFFECT THIS PROPERTY. 1' \ \ \ ��l• P+a"�� \ _'/ \ \ � / 3) NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE (3) YEARS t� / ap• / / / (/ AFTER YOU DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON L /�%� / \ e,. / Oeso^/6 ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (10) YEARS FROM ��(/// �� THE DATE OF CERTIFICATION SHOWN HEREON. oEx 4) RIVER CITY SURVEYS WILL NOT BE RESPONSIBLE FOR ANY CHANGES MADE TO h/6 \ THIS DOCUMENT AFTER IT LEAVES OUR POSSESSION. ANY COPY, FACSIMILE, ETC., OF THIS DOCUMENT MUST BE COMPARED TO THE ORIGINAL SIGNED, SEALED AND DATED DOCUMENT TO INSURE THE ACCURACY OF THE INFORMATION SHOWN ON A 41 / ANY SUCH COPY, AND TO INSURE THAT NO SUCH CHANGES HAVE BEEN MADE. 0a p� \ ) AC W N E MARKED BY \ 5 ANY SUBSURFACE UTILITIES NOT SHOWN HEREON, WERE NOT C^ / / ! y /O� \ / a P J \/.•` ?s \ / APPROPRIATE UTILITY COMPANIES AT THE TIME OF THIS SURVEY. l l k vt 9 CLIENT/CONTRACTOR MUST CONTACT SPECIFIC UTILITY COMPANIES TO VERIFY / \ BOTH THE LOCATION AND DEPTH OF RESPECTIVE UTILITIES. ADDITIONAL SURVEYING p / `` ^ jM \ 1�A WORK MAY BE REQUIRED TO SHOW ANY SUCH SUBSURFACE UTILITY LOCATIONS �J , y !�� \'��� " ON THIS DRAWING. RIVER CITY SURVEYS WILL NOT BE RESPONSIBLE FOR PROTECTION OF SUBSURFACE UTILITIES NOT MARKED ON THE GROUND AT THE TIME OF THIS SURVEY. 41 V / t / Set l ! Property Description Pon -, i H / / i \\ liar •�a6 " PW, .� PeQa \ \ wv / w LOTT AND LOT 2 \ \ y� SOUTH & GIBSON SUBDIVISION, ACCORDING TO THE FINAL PLAT THEREOF / / pe "•.`�� q� \ �9° RECORDED FEBRUARY 7, 2005 IN PLAT BOOK 72 AT PAGE 12 AS RECEPTION NO. 506797, CITY OF EN COUNTY OFPPITKIN / o " C^ a / I ✓�'?' • • / `\ .. �4.2 S ` / \ \ \ STATE OF COLORADO v 1.00�mof Surveyor's Certificate Rob '/` o / " / / 1 = 1 s- \ woY - \ 0, Set I��p PLS `oc� em� �/ 27� a� �! / / . / / ` . _ . _ . Ii-�-^ Its \ \ / / I, DAVID A. COOPER, BEING A REGISTERED PROFESSIONAL LAND SURVEYOR, � �r W CcnG Aypho \ !' / \ \ LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT 1111S Con IMPROVEMENT SURVEY PLAT AND TOPOGRAPHIC SURVEY WAS PREPARED BY RIVER Core f Paof- " 23,1' \ \. / \ /`\ CITY SURVEYS, L.L.C., FOR GIBSON AVENUE, LLC, AND STEWART TITLE OF ASPEN, / INC., UNDER MY DIRECT SUPERVISION AND CHECKING AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, / � /� \ / •/-./'/ / f-,-- 3�g � � � -.\ me \\ /: a IT IS FURTHER CERTIFIED THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, June 8, 2005, EXCEPT UTILITY CONNECTIONS, ARE (� /' / / \ N. `, ✓ D �' • \ \/ ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR Window\� GOt\5 \ / /-' BURDENING ANY PART OF SAID PARCEL, EXCEPT AS SHOWN. 'XO( .. �eF DOCUMENT DOES NOT REPRESENT A TITLE SEARCH BY RIVER CITY SURVEYS, �f L �'p ' L LIC•TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. ALL INFORMATION S\�g0a�` � "1, a SHOWN HEREON REGARDING OWNERSHIP, EASEMENTS AND OTHER ENCUMBRANCES V L/ 1 stic .+ o ` / , ' pIo -x \ fy OF RECORD WAS OBTAINED FROM, AND SUBJECT TO A TITLE COMMITMENT - ob � 903D x R 2 x \ PROVIDED BY STEWART TITLE OF ASPEN, INC., ORDER N0. 43864 ,T AY 25 / <v / • / /� 9m'' 2g1' - fd• 0, PLS x�x�� , \ Rebor \ 2005• TYm-FXclusiarcamna,fo�nnae / �" l/ l \ �r _ RooRne ` m x-6� \ t�, ar,� N s oriA7f). • / , r! / / / / / / - = N x _ --x 53 ,Cooperss ,� / r4f'W \ \ \, , / � - _.-- q°1 d. Reao,- � cop � David A. ` " PLS / 25947 1 \ Colo. Reg. P.L.S. # 29030 Window o _ - \ we \ _ - i \ s \ For, and on Behalf of I ,� River City Surveys, L.L.C. 7958 j \ op n Cop !. o 000- 01001 Sewer Manhole CleDrain ® Water Manhole ® Cleonout \ (1) Water Meter rx Phone Pedestal ® Elec Meter w r/ cti` ✓� pQ Water Valve ® Gas Meter sz,oFire Hydrant ®F0 Elec. Box Elec. Manhole pSet R&C Li Indicates Set No. 5 Rebar Plastic Cap, PLS # 29030 ) /. LINE MAKE FIE# BEARING DISTANCE Li N29'34'00"E 3.75 L2 N14'43'04"W 3.35 L3 N01"26'13"E 16.27 L4 N13'33'36"W 8.18 L5 N18'03'06"W 57.57 L6 N23'14'28"W 35.52 L7 N75'15'52"E 13.24 L8 N33'34'06"E 16.16 L9 N72'58'44"E 12.80 1-11 N10'47'21"W 12.97 L12 S88'08'55"E 8.04 L13 N40'10'26"E 25.71 CURD MAU CURVE # Arc Length Radius DELTA Tangent Chord Bearing Chord Distance CURVE # C1 4.35 55.50 4'29'30" 2.18 N1548'21"W 4.35 C1 C2 59.84 660.58 511'22" 29.94 N20'38'47"W 59.82 C2 C3 15.41 70.00 12'36'51" 7.74 N16'56'02"W 15.38 C3 C4 13.15 19.71 3814'07" 6.83 N08'29'26"E 12.91 C4 G V oaf SPl 3 lUUliadllfrinyd job* '3164 slit � cfun L' p Of 7 plotted •. 10/27/2005 1110 AM 3164 South and- Gibson Sub Imp Survey.dwg +�i.� 130#)t of Beg'. wv 29 p Noil on hh/h D4 tt C Bp�q•• (S # 2g03pshiner g ''9go, 2 .i91�ot Carb ��✓� A _�L_ Tie to U c SKETCH PLAN - 2ND AMENDED PLAT Notes SOUTH& GIBSON SUBDIVISION 1) THIS END AMENDED PLAT OF THE SOUTH & GIBBON SUBDIVISION HAS BEEN PREPARED PURSUANT TO AND IN ACCORDANCE WITH CITY COUNCIL ORDINANCE 1'') NUMBER ___ (SERIES OF ___ ), AND THE SOUTH & GIBSON SUBDIVISION SITUATED IN S E C T 1 O / N T o W N H I P 1 O SOUTH AGREEMENT RECORDED AS RECEPTION NO- ----------- THE LANDS AFFECTED BY THIS PLAT ARE SUBJECT TO THE TERMS AND CONDITIONS OF SAID ORDINANCE, AND Sury C°asf�oSV� �9v THE TERMS AND CONDITIONS OF THE SUBDIVISION AGREEMENT, AND BY ALL 5.58'1y Poi Q-159Gepdetic / c dot gOjG t° / RANGE B 4 WEST O F T H E 6 T H P■ M• APPLICABLE LAND USE REGULATIONS OF THE CITY OF ASPEN. THE TERMS AND 4'09„ CONDITIONS OF SAID ORDINANCE, SAID AGREEMENT, AND OF THIS PLAT SHALL RUN eN51510.53' f_ vas/Z5R50 N , EQp5�2�� / WITH THE LAND AS COVENANTS BURDENING THE SAME. p`5 CITY OF ASPEN PITKIN COUNTY COLORADO oQA oP ki 2) THE EXISTING HOUSE NEED NOT BE DEMOLISHED TO ACCOMMODATE THE NEWLY ti. G C 5°het QE / ' CREATED LOT BOUNDARIES AND THE ENCROACHMENTS INTO SETBACK AREAS MAY 1�1 -- "---"" CONTINUE TO EXIST FOR THE LIFE OF THE ORIGINAL STRUCTURE ONLY. UPON CP�o rcy4s �d `� / o�% F4. or Cap \ �. , CITY ENGINEER'S CERTIFICATE REDEVELOPMENT, ALL STRUCTURES ON THESE TWO (2) LOTS SHALL COMPLY WITH THE / R-6 ZONE DISTRICT PROVISIONS WITH RESPECT TO THE NEWLY CREATED LOT CITY ENGINEER FOR THE CITY OF ASPEN, BOUNDARIES AND SETBACKS, UNLESS VARIANCES ARE DULY OBTAINED. ze a! c 'ho 9 �''�GPCS�'9J84 ,( COLORADO,----- - HEREBY APPROVE THIS CITY AMENDED PLAT OF THE SOUTH &GIBBON ° ' 10pco I + / \ SUBDIVISION, TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF �' 1 j v \ �y ♦ \ \ COUNTY, COLORADO, THIS ____-____ DAY 0 __________ / 2005 '------ O OF THE ASPEN LAND USE CO AND AS MAY PITKIN TY C 0 F 3) DEVELOPMENT ON LOTS 1 AND 2 SHALL BE SUBJECT TO THE TERMS AND ♦`,. \ \ / PROVISIONS OF SECTION 2O TIME. IM . B 9 A \ \ 6� BE AMEN F DE, A �� \ ��� o o A �g AMENDED FROM TIME TO TIME. q �o� I >� �ej \ \ / BY. --CITY ENGINEER 4) THERE SHALL BE NO FURTHER SUBDIVISION OF EITHER LOT IN THE SOUTH & j'� ��♦♦ Oesr \ GIBSON SUBDIVISION, PROVIDED, HOWEVER, THAT CONDOMINIUM IZATION OR THE SIMILAR SHALL NOT BE CONSIDERED FURTHER SUBDIVISION OF A LOT FOR PURPOSES OF ENFORCING THIS RESTRICTION. // •• t� / k o� \ea, \ / \ \ COMMUNITY DEVELOPMENT DIRECTOR APPROVAL V /� �/ '♦+h, , \ / \ THIS 2ND AMENDED PLAT OF THE SOUTH & GIBSON SUBDIVISION, CITY OF ASPEN, 5) NO STRUCTURES OR TREES MAY BE PLACED IN THE NON-EXCLUSIVE COMMON COUNTY OF PITKIN, STATE OF COLORADO, HAS BEEN APPROVED BY THE COMMUNITY EASEMENT SHOWN HEREON WITHOUT THE PERMISSION OF THE CITY ENGINEER AND DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN, STATE OF COLORADO, ON THIS APPLICABLE/AFFECTED UTILITY PROVIDERS. DAY OF 2005. / // / do \ 1 10 0 5 to 6) THERE SHALL BE NO STRUCTURE OR LANDSCAPING OVER THIRTY (30) INCHES 9 BY: ----------------------------- TALL MAP / j / / g532� / y �C \ COMMUNITY DEV. DIRECTOR TALL INSTALLED IN THE SITE TRIANGLE DEPICTED HEREON, WHICH IS LOCATED THIRTY yo J_ k 5�0 / / \ 1 2 vmn \ / CITY OF ASPEN, COLORADO (30) FEET WITHIN THE GIBSON AVENUE/SOUTH STREET INTERSECTION. SCALE 1 INCH = 2000 FEET �rAls�as L8 - �' / \ SU° S9 �'• \ \ '\ �4X � s V par 7) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF 5.29°34'00"W. BETWEEN MORvO TWO PROPERTY RT DEPICTED ORON HEREON.UMENTS ALONG THE SOUTHEASTERLY PROPERTY, AS 0, VS .� - \ �/� CITY COUNCIL APPROVAL g) THE PROPERTY SHOWN HEREON IS SUBJECT TO ALL EASEMENTS, 31, THIS 2ND AMENDED PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RIGHTS -OF -WAYS, OR OTHER RESTRICTIONS OF RECORD, AS SUCH ITEMS AFFECT THIS T F R S __ DAY F \ �L� ASPEN STATE 0 COLORADO, THIS 0 PROPERTY. Al ---------------- 2005. ATTESTATION: 9) NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION ------ BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE 3 YEARS AFTER YOU CITY CLERK ( ) \ ----- DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN o \ _ _____ _ THIS SURVEY BE COMMENCED MORE THAN TEN (10) YEARS FROM THE DATE OF MAYOR OF ASPEN CERTIFICATION SHOWN HEREON. 10) RIVER CITY SURVEYS WILL NOT BE RESPONSIBLE FOR ANY CHANGES MADE TO V P P5P•M1 \ set/ \ �' THIS DOCUMENT AFTER IT LEAVES OUR POSSESSION. ANY COPY, FACSIMILE, ETC., OF THIS DOCUMENT MUST BE COMPARED TO THE ORIGINAL SIGNED, SEALED AND DATED 933 \ DOCUMENT TO INSURE THE ACCURACY OF THE INFORMATION SHOWN ON ANY SUCH COPY, AND TO INSURE THAT NO SUCH CHANGES HAVE BEEN MADE. N`� s9 �/ 3 v v 11) ANY SUBSURFACE UTILITIES NOT SHOWN HEREON, WERE NOT MARKED BY / / I ' 'J \ p0 APPROPRIATE UTILITY COMPANIES AT THE TIME OF THIS SURVEY. CLIENT/CONTRACTOR \'/1 MUST CONTACT SPECIFIC UTILITY COMPANIES TO VERIFY BOTH THE LOCATION AND DEPTH OF RESPECTIVE UTILITIES, ADDITIONAL SURVEYING WORK MAY BE REQUIRED TO SHOW ANY SUCH SUBSURFACE UTILITY LOCATIONS ON THIS DRAWING. RIVER CITY SURVEYS WILL NOT BE RESPONSIBLE FOR PROTECTION OF SUBSURFACE UTILITIES NOT •v\ VV \ MARKED ON THE GROUND AT THE TIME OF THIS SURVEY. %14 /� '' • et �® / \ ��Oy' / \ 12) PER ORDINANCE # _- OF / / /A.,P•" � / i / �' �� � � Q\aE � PgP•^ \� s^®aa � � \ SINGLE COMMON DRIVEWAY. ________, THE TWO LOTS MUST BE SERVED BY A 4 / / I ✓ 13) THE NON-EXCLUSIVE COMMON EASEMENT IS FOR ROADWAY, DRAINAGE IMPROVEMENTS, SIDEWALK, CURB AND GUTTER, AND UTILITIES PURPOSES. 14) FINAL DESIGN OF ALL SITE IMPROVEMENTS (IMPROVEMENTS TO BE MADE IN THE PUBLIC RIGHTS -OF -WAY AND/OR WITHIN THE AREAS ENCUMBERED WITH SETBACK A r �7 D y I �a� \ / REQUIREMENTS) SHALL BE SUBMITTED TO THE CITY ENGINEER FOR REVIEW AND `�` Q ���'� / V i i�� ' - 1963� tia° \STo \ \ APPROVAL PRIOR TO BUILDING PERMIT APPLICATION FOR DEVELOPMENT ON LOT 1 OR QD I_OV- Q / / 1h.2 ' / / \ � \ / / �\ \ LOT 2, WHICHEVER COMES FIRST. •� �\ 15) FINANCIAL SECURITIES IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS Gorne r /,OQAT THE 0 V 1/ --' SUBMITTAL.SHALL BE PROVIDED TIME F BUILDING PERMIT APPLICATION 00 Witnef & Plosti30 / e° 1p• EY fo.� 9° o d 1 QQ // N � N , � ' I / \ \ AGREEMENT 1 5 Reba 290 set pLs Cli� �� / �.G- --- Cooi _ _ ,.m —f Cone mpbolt cant. ROO Q11 CERTIFICATE OF DEDICATION AND OWNERSHIP Ci SaeCGG\ / °` Qae° / \ " . KNOW ALL PERSONS BY THESE PRESENTS THAT `.\0( --------------------------------------------- BEING SOLE U a �/�!/ k j.' Q / Window \�� �(5�C OWNER(S MORTGAGEES, OR LIEN HOLDERS OF ALL THAT REAL PROPERTY SITUATED \ IN THE COUNTY OF PITKIN, STATE OF COLORADO, SAID REAL PROPERTY DESCRIBED > �� , / S , Well I,- \e 0 O e G i — �l AS FOLLOWS: V pa�� PPe LOTS 1 AND 2, SOUTH AND GIBSON SUBDIVISION, CITY OF ASPEN, COUNTY OF PITKIN, ft t G !s oSTATE OF �Q _ Rebor& Z9030 X x max/-x Fd�S \ ?��oyOsr,� MORE OR ESS,RATHAT SSAID PO OWNER HAS TCAU CAUSED THE ASAID REALPROPERTY ETO BE / I • •�� / / 28 . • �' Fd�op PLs x�-x--� �, \ \ Rehor \ LAID OUT AND SURVEYED AS THE SOUTH & GIBSON SUBDIVISION, A SUBDIVISION OF A 64Q PART OF THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. 'Non-Excfusiue Common Eosanent, / � a / / I / � � 'N. i _---RB®��/ per condition 6, Secelbn 1 of / k / / `� i _"x�-x r�, \ Ominance No. 16 (Sens of 2004J " / / �+. `, ---'' �^`, �-� '- X ✓G `3/ \ Fd Rebor Cap \ • • / k / 1_ m PIS/ 25947 \ \ EXECUTED THIS --------- DAY OF ----------------------A.D. 2005 / oW'. Windwell / - / ' x/� \ \ \ OWNER: log.p STATE OF COLORADO / V / �� / / - r 5"W / \tsk\ COUNTY OF PITKIN )SS. / �` � x// / I` / �., \ / {h y29 D/-X \ \ ����/� THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS -------- DAY -P---------------------- R'�1l�1 ---- -- -- --- --------------------------- � MY COMMISSION EXPIRES x y` WITNESS MY HAND AND SEAL 94 \ \ \ \ \ 195$ TITLE CERTIFICATE ------------------------ ----- NOTARY PUBLIC -------------- ----- ---- , THE UNDERSIGNED, A DULY AUTHORIZED vU i x/ ,� /Glatt REPRESENTATIVE OFMiweq ler r * i 1�h/ ` GQX�O.� X//X \ o�sfen f..fC !.�r f OC �G�r1n9y pf4, 0'N� X/X 6ay2/x/X/ \ \ Poi l�y � / , , ��s�a•- I /� � �}�-� L1 / � as € �✓ � . ,� f gx / Arc CURVE # Length R C1 4.35 5 C2 59.84 61 C3 15.41 7 LINE TABLE LINE # BEARING DISTANCE Lt N29'34'O0"E 3.75 L2 N14°43 04"W 3.35 L3 N01'26'13"E 16.27 L4 N13°33'36"W 8.18 L5 N18°03'06"W 57.57. L6 N23°14'28"W 35.52 L7 N75°15'52"E 13.24 L8 N33°3406"E 16.16 L9 N72°58'44"E 12.80 L11 N1O-47'21'W 12.97 L12 S88°08'55"E 8.04 L13 N40°10'26"E 25.71 Surveyor's Certificate I, DAVID A. COOPER, DO HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE 2nd AMENDED PLAT, SOUTH & GIBSON SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS, AND STREETS OF SAID SUBDIVISION EXEMPTION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS 27th q QK,QCTOBER, A.D. 2O05.Q RE �1 David A. Coopers Colo. Reg. P.L.S. # 29030 For, and on Behalf of River City Surveys, L.L.C. A LCENSED TITLE INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF COLORADO HEREBY CERTIFIES THAT TRANS-AMERICA TITLE INSURANCE COMPANY HAS EXAMINED THE RECORDS OF THE COUNTY CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AND HEREBY CERTIFIES UP TO _______________ _ ___ _ THAT TITLE TO THE HEREON DESCRIBED REAL PROPERTY, SITUATE IN THE COUNTY OF PITKIN, STATE OF COLORADO IS VESTED IN ___________ _ _ ___-______--, IN FEE SIMPLE. DATED THIS ------------ DAY OF A.D. 2005. BY: CLERK AND RECORDER'S CERTIFICATE THIS 2ND AMENDED PLAT OF THE SOUTH & GIBSON SUBDIVISION WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AT ______________ O'CLOCK, THIS _-_ __-_DAY OF 2005, IN PLAT BOOK ____- ON PAGE ------- AND AS RECEPTION NO. - - ------------------------------------------------------- CLERK AND RECORDER / / / / VICINITY MAP SCALE:1 INCH - 2000 FEET i i r=ta U 9� / Survey Pontoast &Geodetic I S.5814,09» W Q 159` t 1510.53' Poiro f ►, g P��egh OO IMPROVEMENT SURVEY PLAT Noil and "iJ pd #z9p3p�'� 2� SOUTH & GIBSON SUBDIVISION F ��� SITUATED IN SECTION 7 TOWNSHIP 1 O SOUTH aeb.•.. RANGE S4 WEST OF THE 6TH P.M. Pk wV o P�0; CITY OF ASPEN, PITKIN COUNTYy COLORADO w� Cg' a N OIL PYS/9184 l / r�r Planter IX / � q Y� \ //i b O 5 b R� Ar►; /k II i � I Cr ou V\ pem� stow plastic / Q� 9. 1. R�prS N 29p3p �`c : / , . N -' woY / cap v pang . _..� 'JOonG \ _,.` cona OJ V �� '/'{� ///dow Well 11 7Ym Exc/uslro Caamav Eaament / � � l / l // prcaro6lrnQ Serfiae ra/ , Ar/fo Cap A- A, / \ Nth / \ f. \aer Gve\ _ o a 1 �o R�,or Plastic xFd 15 c Fd.CaP PL5 xI_x�- x , \ \ Rebor \ Fd Rebor d Cop \ \ \ ondDW, -- LE6END -- Sewer Manhole ® Cleanout ® Water Manhole p+ Phone Pedestal ® Drain ® Elec Meter ®Water Meter wv Water Valve ® Gas Meter Fire Hydrant tl Elec. Box ® Elec. Manhole OSet R&C Indicates Set No. 5 Rebar & Plastic Cap, PLS # 29030 LINE TABLE LINE # BEARING DISTANCE L1 N29'34'00"E 3.75 L2 N14'43'04"W 3.35 L3 N01'26'13"E 16.27 L4 N13'33'36"W 8.18 1-5 N18'03'06"W 57.57 L6 I N2314'28"W 35.52 L7 N75'15'52"E 13.24 L8 N3334'06"E 16.16 L9 N7258'44"E 12.80 1-11 N10'47'21"W 12.97 L12 S88'08'55'E 8.04 L13 N40'10'26"E 25.71 MOE MAU CURVE # Arc Length Radius DELTA Tangent Chord Bearing Chord Distance CURVE # C1 4.35 55.50 4'29'30" 2.18 N15'48'21"W 4.35 Ct C2 59.84 660.68 511'22" 29.94 N20'38'47"W 59.82 C2 C3 15.41 70.00 12'36'51" 7.74 N16'56'02"W 15.38 C3 C4 13.15 19.71 3814'07' 6.83 N08'29'26"E 12.91 C4 Notes 1) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S.29`34'00"W. BETWEEN TWO PROPERTY CORNER MONUMENTS ALONG THE SOUTHEASTERLY PROPERTY, AS MORE FULLY DEPICTED HEREON. 2) THE PROPERTY SHOWN HEREON IS SUBJECT TO ALL EASEMENTS, RIGHTS -OF -WAYS, OR OTHER RESTRICTIONS OF RECORD, AS SUCH ITEMS AFFECT THIS PROPERTY. 3) NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE (3) YEARS AFTER YOU DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (10) YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 4) RIVER CITY SURVEYS WILL NOT BE RESPONSIBLE FOR ANY CHANGES MADE TO THIS DOCUMENT AFTER IT LEAVES OUR POSSESSION. ANY COPY, FACSIMILE, ETC., OF THIS DOCUMENT MUST BE COMPARED TO THE ORIGINAL SIGNED, SEALED AND DATED DOCUMENT TO INSURE THE ACCURACY OF THE INFORMATION SHOWN ON ANY SUCH COPY, AND TO INSURE THAT NO SUCH CHANGES HAVE BEEN MADE. 5) ANY SUBSURFACE UTILITIES NOT SHOWN HEREON, WERE NOT MARKED BY APPROPRIATE UTILITY COMPANIES AT THE TIME OF THIS SURVEY. CLIENT/CONTRACTOR MUST CONTACT SPECIFIC UTILITY COMPANIES TO VERIFY BOTH THE LOCATION AND DEPTH OF RESPECTIVE UTILITIES. ADDITIONAL SURVEYING WORK MAY BE REQUIRED TO SHOW ANY SUCH SUBSURFACE UTILITY LOCATIONS ON THIS DRAWING. RIVER CITY SURVEYS WILL NOT BE RESPONSIBLE FOR PROTECTION OF SUBSURFACE UTILITIES NOT MARKED ON THE GROUND AT THE TIME OF THIS SURVEY. Property Description LOT1 AND LOT 2 SOUTH & GIBSON SUBDIVISION, ACCORDING TO THE FINAL PLAT THEREOF RECORDED FEBRUARY 7, 2005 IN PLAT BOOK 72 AT PAGE 12 AS RECEPTION NO. 506797, CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO Survevor's Certificate I, DAVID A. COOPER, BEING A REGISTERED PROFESSIONAL LAND SURVEYOR, LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS IMPROVEMENT SURVEY PLAT AND TOPOGRAPHIC SURVEY WAS PREPARED BY RIVER CITY SURVEYS, L.L.C., FOR GIBSON AVENUE, LLC, AND STEWART TITLE OF ASPEN, INC„ UNDER MY DIRECT SUPERVISION AND CHECKING AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. IT IS FURTHER CERTIFIED THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, June 8, 2005, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS SHOWN. THIS DOCUMENT DOES NOT REPRESENT A TITLE SEARCH BY RIVER CITY SURVEYS, L.L.C. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. ALL INFORMATION SHOWN HEREON REGARDING OWNERSHIP, EASEMENTS AND OTHER ENCUMBRANCES OF RECORD WAS OBTAINED FROM, AND SUBJECT TO A TITLE COMMITMENT PROVIDED BY STEWART TITLE OF ASPEN, INC., ORDER NO. 43864 _ MAY 25, 2005. David A. Cooper Colo. Reg. P.L.S. # 29030 For, and on Behalf of River City Surveys, L.L.C. GRAPHIC SCALE 10 0 5 10 20 40 ( IN FEET ) I inch = 10 ft. <s� n '33 ' 43'24,+ g° 3 7 4 u� v Itd,3 de 220.00 N11°54'45 W r6y o4. R�OH Srg-37.29' ,Ave y Q Record LocaF of Caner 22 roct A, Cost Aspen Additional Tomsite O O co Q Poo c Set /5 Reber Fd. Reber & C6P Cop, PLS/2, PLS/9184 dL , 0 N65 03'32'E k 7.45' O / u 0 �x lYtness Comer 6 s r / Ed9eOfID psp x/ j95g G E�/x Z°, the prc ID co _ ' T g'40006 °0 i �ae c0 n P�pMe Sio rz —10L VV delta 55 ": 7960 �� °� Spivey b/x/x �• II R 940.80 %N20aF4:� rg o QY) \ - AK x � � I X \ �/ 5 A ,Sx� \\ 6�-_. � � I I � 7961 �6g s I Pd�t / n \ G Set /5 R & P/os c # G F x/x 7959 Set /5 Reber & P/ostic Cop, PLS / 30 G \� x /x Cop, PLS / 29030 6, X a c F . or & COP A- Cl s \\k ,�°� x +\ xm I I 7962 r t 7961 o k Cpi v ^" r i i x k ° I V 41 Ion Lo ti E 805 Sou th A venue 14111 ' ti 21, 938 Sq. Ft. f f 79 0. 504 A c. f ���� titi ` 63 / Fd Reba, &Cop I PLS / 20151 p� i a° / \/ 9mp Sing/� F 4'• 796,E q °' wood FrQ rally ReS � A 9 t c m� C0nsttu tlQn Ve'P?c 796¢ oqO' ' I OS- 1 7964 1 �N� �? NUM— n SCHMUESER CORDON MEYER BER REVISION DATE BY ✓ob No. BO$—$—AIAE commence an le l o , based upon any118 W. 6th Street Suite 200 Drawn by. TLB 1 defect in this sury it three years after 805 SOUTH A VENUE you first discover c fect. /n no event Glenwood Springs, Colorado 81601 PLAN Date: %O/%9/O4 may any legal octi�ni5 97094514 6 upon any defect in this surve be com on ed more than ten () —00FAX (970) 945-5948 yeaae�t CaTrff(9shown SCHMUESER IGORDON I MEYER Aspen, Colorado (970) 925-6727 ASPEN. COLORADO proved PE• OF 1 hereo E N G I N E E R S & S U R V E Y O R S E-mail: avy0Aft1WMm File: 305—S—A vE External Media Located Here M-025955 RMMI