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HomeMy WebLinkAboutLanduse Case.CO.125 Park Ave.A066-972737-181-00-036 A66-97 Park Dale Townhome Condominiumization G'I Aspen/Pitkin Community Development Department 6 130 South Galena Street pp Aspen, Colorado 81611 �p (970) 920-5090 G City Land Use Application Fees: 00113-63850-041 —Deposit :Ic,# -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MR011 Use Tax 10000-67100-383 Park Dedication 15000-63050480 AH Commercial _ 15000-63065482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 00115-63340-163 62023-63340-190 00125-63340-205 00113-63815-036 00113-63812-212 Sales: MI 13-63830-039 -69000-145 County Engineer City Engineer Housing Environmental Health County Clerk Wildlife Officer County Code Copy Fees Other Name- _-1;" hD Address: P Phone: �� 3 Total Datd,)W Check: Project: Case No: A No. of Copies o 10 ►" �QU�) kl�K V5, PEE 65 MEMORANDUM TO: Stan Clauson, Community Development Director THRU: Julie Ann Woods, Deputy Director FROM: Mitch Haas, Planner ' RE: Park Dale Townhomes, Condom iniumization DATE: September 9, 1997 On behalf of the Park Dale Townhomes, Gary Nichols has applied for an insubstantial plat amendment to condominiumize the Park Dale Townhomes, which are located at 125 Park Avenue and 101 Dale Avenue. This condominiumization is being requested because the applicant is now in the process of selling one or both of the units (duplex) on the property and wants the elements of the sale to be clearly defined. The application was referred to the Engineering Department, who examined the proposed plat and found it to be acceptable as submitted. The application is consistent with the condominium conversion exemption from the City's subdivision regulations, pursuant to Section 26.88.030(A)(3) and 26.88.070 and there are no other land use issues involved. Staff recommends that the Community Development Director approve this condominiumization with no conditions. APPROVED: IS lauson, Community Development Directkr = �QNo\" SS�Vl�Q\P ATTACINEW a. IAND USE APPIS=CN FORK 1) P=jec'-' Name WRAI T a Le 2) Pro - ect rotation a Z CA 7� 10, / / aAIJ Svc 1 LD Oe Bt ! JC scc� e c (indicate stzeet address, lct & block rvmber, legal description when aporoori...e) p 3) ant Zoning "- 4) Lct Size -7966 5) Applicant' s Name, Address & Phan 7 6 A 17111/ /V 1 L f'l. d 11 D� $OX Z 6) Representative's Name, Address & Phone 7) Type cf Apolication (please cleat all tzat apply) : Condit -oral Use S?A C~rcapt:al Fii t-cric Cay. Special ?2evie*a Final SPA Fir .1 Hi=zzric Der. 8040 GreenI C=rCe=t al PM Muzicr Historic oc--r. Ste• am Ya gin FLI MI PM Fii_s`zr'_.c Dem✓Lticn Irf...� view Plane Subdilrysion His-tzric Designation err r-m i n i t rn i '�=on Te�ct/t�aD AmRanr�mrant a r,_s Al1CtDP--it r-ot SDLt/T- zt I.lI'e Adj ust=ent QiZS --m=ticn 3) Descr_oticn of EKis,drq Uses (ram= and type of mom. rxj st=%=--�; a.cor= - .ate sc. ft. ; rxmbe` of bed=-lcros; any prev-,as arorvals grate to the 9) Des. 4 anon of CL--.relepmerit ApoLication f�. 10) Have ycu attached the follovix-g? R°sporse to Attadmw-rit 2, Minirrir.n Sitni_Ssion Contents Res=nse. to At`ac—Imarlt 3, SpecLfi.c S bnissi.on Conterrts Pjes Ottse to At`. act=e.^.t 4, Review Stanjards for Your Amlicat.i.on ASPENTITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development application Fees CITY OF ASPEN (hereinafter CITY) and ` U (hereinafter APPLICANT) AGREE AS FOLLOWS: l . APPLICANT has submitted to CITY an application for ��Z << �� � �- -T�►U Inor��s Cr,� a� ►tip � �►�. s ( hereinafter, THE PROJECT . �'. APPLICANT understands and agrees that City of Aspen Ordinance No. 5-) (Series of 199j) establishes a tee structure for Panning applications and the payment of all processing fees is a condition precedent co a determination of application completeness. 3. APPLICANT and CITY a2re- chat because of the size. nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional :osts to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the Greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enahle the Planning Commission and/or City Council to make -legally required Findings for project approval. unless current billings are paid in full prior to decision. • 17J ATTACffiWEENT 3 Minimum submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. I. The 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. 2. The street address and legal description of the parcel on which the development is proposed to occur. 3. A disclosure of ownership of the parcel on which the development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practices in the state of Colorado, listing the names of a_'_ owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements af`acting the parcel, and demcnstram_ng the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject - parcel within the City of Aspen. 5. A written description of the proncsal and an explanation in written, graphic or model form of hew the proposed development complies with the review standards relevant to the Development Application. attach2.applications 6.s8.oso E. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County cleric and recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the city council shall tender the plat invalid and reconsidera- tion of the plat by the commission and city council will be required by for a showing of good cause. (Ord. No. 2Z-1995, § 19; Code 1971, § 7-1005) 36.S&060 Amendment to subdivision development order. A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonabiv be anticipated during the approval process, or any other minor change to a plat which the Community Planning Director finds has no effect on the conditions and representations limiting the approved plat B. Other Amendment Any other amendment shall be approved by the city council. provided that the proposed change is consistent with the approved plat If the proposed change is not consistent with the approved plat the amendment shall be subject to review as a new development application for plat C. ?!at vacation. Vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment. and shall oniv be approved by the city council if good cause is demons -aced. (Ord. No. 22-1995, § =0: Code 1971. 3 7-1006) 26.38.070 Condo min iumization. A. Ceneral. Where a proposed development is to include a condominium form of ownership, or 1 an -!xistin; development is to be converted to a condominium form of ownership. in whole or in part. a condominium subdivision exempaon plat :electing all condominiumized units, orthat pomon of the development to be condominiumized. shall be submitted to the planning director for review and approval as a subdivision exemption pursuant to the terms and provisions of this section. B. Procedure. A development application for a condominiumization shall be reviewed pursuant to the procedures and standards in this section and Common Procedures. aapter 26.52. I. Corttenrs of Application. The contents of a develop_ went application for a condominium or condom iniumization shall include the followins: a. The general application information required in Common Procedures. Section 26.52.030. b. A condominium subdivision exemption plat drawn with permanent ink on reproducible mvlar. Shea size shall betwenty-four (24) inches by thirty-six (36) inches with an unencumbered margins of one and one-half 0-l/?) inches on the :eft hand side of the sheet and a one-half (1/2) inch martin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines. angles and curves used to describe boundaries. streets. setbacks. alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius. central angle, tangent, arc and chord distances. All dimensions. both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales are not acceptable. If it is necessary to place the plat on more than one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project as it relates to the rest of the city and the street system in the area of the proposed condominium. (Aspen 10195) 644 0 0 26.88.070 (3) A description of all sur-rey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. (4) A statement by the land surveyor explaining how bearings, if used. were determined. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat. and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973. Title 38. Article. 51, as amended from time to time. (6) A certificate by a corporate title insurer. that the person or person dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple. free and clear of all liens and encumbrances. (7) Certificates showing approval of the final plat by the City Engineer and Planning Director. (8) A certificate of filing for the Pitkin County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Stamtes 1973. Title 38, Article 53. as amended from time to lime. Z. Recordation. The approved condominium subdivision exemption plat shall be recorded in the office of the Pitkin County C.erk and Recorder within one hundred eighty nin (180) days of its approval by the piana director. Failure on the part of the mpiicant to record the piat within one hundred eighty (180) days foilowina approval by the planning director shall render the oiat invalid and a new application and approval will be required. Subdivision Exemption AgMeme."it No subdivision exemption a.--re--ment need be prenared or entered into berween the applicant and the ;,itv pursuant to a condominium or condominiumizauon approval unless the planning director determines suc.i an agreement is necrssarv. 4. Minimum L: ase Deed Restriction. Minimum lease deed restrictions imposed by the C:iv Council as a condition of condominiumiz=on approval prior to Juiv 1. 1992. shall oniv be modified or -moved with the consent of the Clty Council. (,Ord. No. 6-1989. § 9; Ord. No. 1-1990. 3 7: Ord. No..; _- :993. 3 l: Code 1971. § 7-1007) 26.88.080 Timeshare. A. Applicability. In addition to the other applicable requirements set forth in this chapter and required by state law. the requirements of this section shall apply to ail timeshare development in the City of .aspen. B. Zone Districts in whic:i timeshare shall be permitted: 1. Timeshare shall be allowed only as a conditional use in the Lodcre;Tourist Residential (LiTR). Lodge Preservation (LP). Commercial Core (CC), and Commercial Lodge (CL) zone districts. requiring a development order for a conditional use in accordance with the procedures and requirements of Chapter =6.60. Timeshare shall also require subdivision approval pursuant to this chapter. To the extent practicable. subdivision and conditional use approval shall occur simultaneously. C. Standards applicable to all timeshare. In addition to those standards and review criteria generally pertaining to subdivision. the following shall also be complied with in a timeshare development: 1. Right -to -use. Right -to -use timeshare concepts (e.;. lease -holds. vacation clubs) are considered inappropriate and not in the city's best interest in that they are not regulated by real estate laws and are the most abused form of timeshare. 2. Integration. Timeshare must be conducted in all residential units of a proposed development or not at all. Mixirig timeshare with other less intensive uses is undesirable as a tourist use, and is incompatible with residential uses or less intensive tourist uses. 645 Attachment 6 General Summary of Staff Approval Application Process Development Review Procedure Summary: The zero step staff approval application process can be described as follows. Stage One: Attend pre -application conference. The purpose of this one-on-one meeting with staff is to determine whether your development proposal can be processed at the staff level and if so, to identify the materials staff will need to review your application. Stage Two: Submit development application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required at this time. Stage Four: Review of Development Application. Once your application is determined to be complete. it will be reviewed by the staff for compliance with the applicable standards of the Code. Within five working days, a memo will be written by the staff member for signature by the Planning Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. Stage Five: Receipt of Building Permit. Once you have received a copy of a signed staff approval, you may proceed to Building Permit Review. During this time. your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the zero step review (this might include a check of floor area ratios, setbacks, parking, open space and the like).' Fees for water, sewer, parks and employee housing will be collected at this time, if due. For more information on the Building Permit Stage, please visit the Building Department to obtain handouts on their review procedures. Ostepsum.doc 0 O w E 0 Q a Q NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. • WALK LCE S. ONE- HALF DA E 20.3' WALK a STEPS LCE I 8.2' �—2rd FLOOR WALL I T-- 1 NI DRIVE I N LCE i1 I I DECK i I 9.6' 6. 0O""O* O 11 'ENUE WALK LCE r LCE p 3 2 STORY FRAME HOUSE LOT 10 19.2' 0 a 0 LCE 14.2� 5 WINDOW WELLS LOT II So3j �7'F /O fO3.3T, \ 14.9' i \/,CH=15.3' .0 / � a m 6.8 m_ WEST UNIT a A 0 26.0, UPPER FLOOR • to 0_ \ 98 I I I Z I O I —INDO—\W d i;1 i �0 WELLS 0Af dN 4 DECK VI - 7 4.5' 2nd FLOOR WALL WALK L 4.5 I o- rn Oi27 o � O ��III I i1 I II jllliii�rri C 1ril- 20.3' T ` mC DECK W 1 11I I I I I I I I I I 25.9 LC ' CH=4__ _—__I__ DECK `I E EAST UNIT II u e o i w as' III 6s' )C H=15.3N. ' N / J -t - /w DECK � I WE J Di A� T PARK DALE TOWNHOMES CONDOMINIUMS SURVEYOR'S NOTES e Denotes found No. 5 Rebar and Yellow Plastic Cap LS 9175 © Denotes found No. 5 Rebar and Red Plastis Cap pis 24303 O Denotes telephone pedestal ® Denotes tv pedestal ❑ Denotes electric transformer box Denotes gas meter ■ Denotes phone box ® Denotes electric meters 1. LCE denotes "Limited Common Element' 2. CE denotes "Common Element" 3. CH denotes ceiling height at the indicated location 4. All areas not labeled as a Condominium Unit or Limited Common Element(LCE) are Common Elements 5. Elevations shown hereon are based on U.S.C. & G.S. benchmark of 7906.80' at the southwest corner of the Pitkin County Courthouse 6. This map is invalid as a legal document and possession or use of this map is unauthorized by the surveyor unless it bears the original signature and wet stamp of Carl R. Carmichael, P.L.S. 24303. Documents prepared by the surveyor and without a signature and wet stamp are to be viewed as preliminary and all information shown thereon is subject to change. LOWER FLOOR SOUTH ELEVATION CARL R. CARMICHAEL, P.L.S. P.O. BOX 1367 CA BONDALE,COLORADO 81623 (10-963-0757) • SUrV*"d 8 - 21- 97 Drafted 8-23-25-97 • TITLE EXAMINER'S CERTIFICATE The undersigned, a duly authorized representative of Aspen Title Corporaton, registered to do business in Pitkin County, Colorado, hereby certifies that Park Dale Townhomes Condominiums and Gary T., Lucinda C., and Kenneth E. Nichols, listed as owners on this map hold fee simple title to the real property described hereon free and clear of all liens and encumbrances except for the lien of the mortgagee named hereon. Although we believe the facts stated on this map are true, this certificate is not to be construed as an abstract of title, nor an opinion of title, nor guarantee of title, and it is understood and agreed that Aspen Title Corporation neither assumes nor will be charged with any financial obligation or liability whatsoever on any statement contained herein. Date Colleen Gibbons, authorized representative for Aspen Title MORTGAGE HOLDER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS that Pitkin County Bank, beneficiary of that certain Deed of Trust the Pitkin County Records encumbering the lands shown hereon, consents to and approves this recording of this Condominium plat of Park Dale Townhomes containing Sheet 1 as though delivered and recorded prior to the delivery and recording of said encumbrance, and joins in the dedications made hereon to the extent of it's interest therein. Pitkin County Bank By:(signature) Name:(print name) Title: STATE OF ) SS COUNTY OF ) The foregoing Mortgage Holder's Certificate was acknowledged before me this day of 19 by as of Alpine Bank -Aspen (title) WITNESS my hand and official seal. My commission expires: Notary Public ASPEN CITY ENGINEER'S CERTIFICATE I'City F igineer for the City of Aspen, Colorado, do hereby approve of this Condominium Plat of V e f Aspen containing Sheets to to be recorded in the Office of the Clerk a Recor Pitkin County, Colorado. Nick Adeh, City Engineer Date COMMUNITY DEVELOPMENT DIRECTOR'S CERTIFICATE I' CommunityDe a ctor for the City of Aspen, Colorado, do hereby approve of this Condominium Plat feff Towne Place Oe Aspen containing Sheets to Stan Clauson, Community Development Director Date PLAT NOTES 1. This Condominium Plat is a part of the Declaration for the Park Dale Townhomes Condominiums (the "Declaration"). The Declaration was recorded on 19 as Reception No. 2. As used herein, "C.E." means Common Element and "L.C.E." means Limited Common Elements Both such terms are defined and further described in the Declaration. 3. The real property described herein shall be benefitted by and subject to the terms and conditions of (i) Subdivision Improvement Agreement recorded in Book (ii) easements, rights of ways, and matters disclosed on the plat and amended plat recorded in Plat Book, except to the extent that they have been modified by this condominium map, (iii) Ordinance No. 49, Series of 1994 by the City of Aspen recorded in Book 771, Page 487, City Planning and Zoning Commission Resolution No. 94-36 and City of Aspen Ordinance No. 65 Series of 1994 amended by Memorandum approved on March 7, 1996 by the City of Aspen Community Development Director and (iv) terms, conditions, provisions, and obligations set forth in Occupancy and Rental/Sales Deed Restriction and Agreement recorded June 28, 1996 as Reception No. 394178. 5. There are no encroachments or easements across any portion of the real property except as shown herein. 6. The source of the recorded easements and encroachments shown on this Condominium Map is Commitment for Title Insurance, Case No., PCT11401 Dated December 1, 1995 issued by Pitkin County Title, Inc. 7. Found survey monuments as shown. 8. Reference in this Condominium Plat notes or elsewhere in this Condominium Plat to recorded documents shall refer to documents recorded in the Pitkin County Real Estate Records. PITKIN COUNTY CLERK AND RECORDER'S CERTIFICATE This Condominium Plat f owne Place Of Aspe , containing Sheets to is accepted and filed in the Office of the Clefcorder in County, Colorado at o'clock M., this day of 19 Sylvia Davis, Pitkin County Clerk and Recorder By: Deputy • 4 N 0 5 10 20 30 40 50 FEET SCALE.- 1 "=10' BASIS OF BEARINGS: A BEARING OF N.00°08'55"W. BETWEEN A FOUND NO. 5 REBAR AND YELLOW PLASTIC CAP LS 9175 AT THE ANGLE POINT AT THE NORTHEAST CORNER OF LOT 10 AND A FOUND NO. 5 REBAR AND YELOW PLASTIC CAP LS 2376 AT THE SOUTHEAST CORNER OF LOT 11 WERE USED TO ESTABLISH BEARINGS FOR THIS SURVEY. CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS that Park Dale Townhomes, a Condominium Association, being the record owner of certain lands in the City of Aspen, Pitkin County, Colorado to wit: Lots 10 and 11. Block 6, Riverside Addition to the City and Townsite of Aspen, and the South one half of Dale Avenue, adjacent to Lot 10, Block 6, Riverside Addition, lying between Riverside Avenue and Park Avenue, County of Pitkin, State of Colorado Has by this Condominium Plat for Park Dale Townhomes containing one Sheet has laid out, platted and subdivided the above described lands into condominium units pursuant to the purposes stated in the Declaration for Park Dale Townhomes Condominiums and said owners do hereby publish this Plat under the name and style of CONDOMINIUM PLAT FOR PARK DALE TOWNHOMES. By STATE OF ) ) ss COUNTY OF ) The foregoiing Certificate of Dedication and Ownership was acknowledged before me this day of 19 , by Gary T Nichols, as owner WITNESS r my hand and official seal. My commisssion expires: Notary Public Lucinda C. Nichols STATE OF ) ss COUNTY OF ) The foregoiing Certificate of Dedication and Ownership was acknowledged before me this day of - 19 by Lucinda C. Nichols, as owner WITNESS tmy hand and official seal. My commission expires: Notary Public By Kenneth E Nichols, as owner STATE OF ss COUNTY OF ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of 19 by Kenneth E. Nichols, as owner WITNESS my hand and official seal. My commission expires: Notary Public SURVEYOR'S CERTIFICATE I, Carl R. Carmichael, do hereby certify that I am a profes=ownetPIn-a:zzf;e:-�spen d surveyor licensed under the laws of the State of Colorado; that this Condominium Plat f containing Sheet 1 is true, correct and complete as laid out, platted and shownn; that this Plat was made by me from an accurate survey of the lands shown hereon by me or under my direct supervision in August of 1997 and accurately and substantially depicts the location and horizontal and vertical dimensions of the condominium units, boundary lines, utilities, improvements, encroachments and easements in evidence or known to me; that this Plat meets the requirements of a land survey plat as set forth in C.R.S. Title 38 Article 51-102 and of a plat as set forth in C.R.S. Title 38 Article 33.3-209. Survey precision is greater than 1:10,000. Carl R. Carmichael P.L.S. 24303 Title CONDOMINIUM PLAT v Job No 977205 NICHOLS