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Home My WebLink Aboutcoa.lu.ec.Lone Pine Subd.A38-91 /....,~..... to. ... ".- " CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: ~?} DATE COMPLETE:.-.. PARCEL ID AND CASE NO. A38-91 STAFf MEMBEE:----KJ----_ n/ct\,)ioyL,K [' L I L.L ( 1J;,,'L~ SUbdivisio'l Amendment~red 0~ ~ PROJECT NAME: Lone pine Project Address: Legal Address: APPLICANT: Lone pine Townhome Condo Assoc. & Zuhair Favez Applicant Address: REPRESENTATIVE: Jane Ellen Hamilton. Garfield & Hecht. P.C. Representative Address/Phone: 601 East Hvman Avenue Asoen. CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- PAID: (YES) NO AMOUNT: $870 NO. OF COPIES RECEIVED 4 TYPE OF APPLICATION: 1 STEP: x 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO PUBLIC HEARING: YES NO ~ ______~D . ,~~ NO (0I."--LJ YES NO CC Meeting Date ? lIZ- , VESTED RIGHTS: VESTED RIGHTS: Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: city Attorney Mtn Bell School District ~ City Engineer Parks Dept. Rocky Mtn NatGas . Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) city Electric Building Inspecto~ / Z Envir.Hlth. Roaring Fork ~ Other 011I1J6- Aspen Con. S. D. Energy Center "'" f~ C6;.~:;f "'" ! / ~ d"[)2.....lrv" _____~~:~_~~~~~~~~_~_~_~~___________:~:::A~~: __________~___ ~~~ ;~;~L-;~~~;~~----------------~~;;-;~~;~~-~~~~;?7-~;~;~~L~~ f r ___ City Atty ~ city Engineer ~Zoning ___Env. Health ___ Housing Other: FILE STATUS AND LOCATIO., ~ ('.Jl~ rtf~ &j)#~1 f) _. - ........ -- Mayor stirling called the meeting to order at 5: 00 p.m. with councilmembers Tuite, crockett, Peters and Gassman present. ORDINANCE #24. SERIES OF 1989 - creating RMF/A Zone Tom Baker, planning office, reminded Council at the last meeting, it was determined the Moran and Mocklin parcels should be zoned R-15A; that rezoning to RMF/A would be considered in the context of a development plan. The Oden and Cowee area should be zoned R-15/A/PUD; the community center should be zoned Public; Lone Pine, Hunter Longhouse, Hunter Creek and Mountain View should be zoned RMF/A and Centennial should be zoned RMF/A/PUD. Baker reminded council there was discussion about zoning of the Friedberg area. staff originally recommended this area should be zoned R-30/A, which would prohibit duplexes. This was the request of the property owners. Council asked if it is wise to create a new zone district to prohibit a use allowed in every other zone district. Baker said staff agrees with council's comments. Baker said Ordinance #24 creates the RMF/A zone district. P & Z and staff are recommending approval of this ordinance. Baker said duplexes will be a conditional use. Mayor stirling opened the public hearing. Jane Ellen Hamilton, representing Lone pine homeowners association, said the homeowners have not received a deed to the common open space, which would enable them to use that land to calculate the FAR. Ms. Hamilton said .if they can get this deed, they will be conforming with the zone. Ms. Hamilton said it is not the intent of the city to make Lone pine non-conforming. Ms. Hamilton suggested language in Ordinance #26 stating it is not the city's intention to create a non-conformity. Baker said he does not feel it appropriate to put that language into an ordinance. Baker suggested increasing the FAR 2/100 of a percent for Lone Pine, which would take care of Lone pine whether or not the common open space is included with the free market units. Baker said another alternative is to zone this at .38 FAR, and if this does not work, there is a process that can be gone through by the property owners. Ms. Hamil ton told Council some of the decks at Lone pine are leaking very badly and some owners need to enclose the decks, which would increase the FAR. Mayor stirling closed the public hearing. Councilman Gassman moved to adopt Ordinance #24, Series of 1989, amending the ordinance by eliminating item 2 on page 2; seconded by Councilman Tuite. Roll call vote; Councilmembers Peters, yes; ) 1 I"""- ........ continued Meetina Asoen citv council June 14. 1989 Crockett, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes. Motion carried. ORDINANCE #25, SERIES OF 1989 - Creating R-30/A Zone Mayor stirling opened the public hearing. Tom Baker, planning office, said this ordinance prohibits duplexes. Baker said based on comments at the first reading and subsequent staff analysis, staff is suggesting this ordinance be denied. Councilman Gassman moved to deny Ordinance #25, Series of 1989; seconded by councilman Peters. All in favor, motion carried. ORDINANCE #26. SERIES OF 1989 - Zoning Lower Smuggler Annexation Tom Baker, planning office, told Council the recommended zoning is R-30 for the Friedberg area; Oden/Cowee area R-15A; Community Center public; Lone Pine, Hunter Longhouse, Hunter Creek, Mountain View, RMF/A; Mocklin and Moran, R-15/A; Centennial RMF/A/PUD. Mayor Stirling opened the pUblic hearing. , Jim Moran said he owns 1.2 acre in this area. Moran presented a map illustrating the density and character of the neighborhood. Moran showed the original line demarcating the difference between R-15 and R-30. Moran said Hunter Creek has 295 units on 18.4 acres or 16 units per acre. Cen~ennial has 240 units on 17 acres or 14 units per acre. The Mountain View area has been approved for 8 units. Moran said this entire area is proposed to be zoned RMF/A. Moran told Council he has a single family dwelling on his parcel. Moran said his parcel is surrounded by mUlti-family residences. Moran told Council P & Z accepted this and said the Moran parcel should be zoned RMF/A. Moran said Ordinance #26 does not follow the P & Z recommendation but staff's recommendation of R-15 zoning. Moran requested the zoning by changed to RMF/A for his parcel. Moran said the staff has recommended R-15 as the city would have more control if the Morans had to come back and ask for rezoning. Moran said this is not planning. Moran said this is creation of spot zoning. Moran said this is legislation that does not meet the test of good legislation; it is vague, indefinite, uncertain and discriminatory. Moran said this does not treat citizens who are similarly situated in the same fashion. Moran said there are 7 pages of RMF/A zoning that regulates use, density, minimum lot size, building area, setbacks, etc. Moran said the city is saying that RMF/A zoning is adequate to accommodate and control the 543 units on 36.5 acres surrounding the Moran tract but it might not provide enough control for the 1.2 acres. ) 2 0'> \ \\ I -:;- ---. -, I ~ ~~,! "'1.. '..w~' ~\ ~"',, ~ "lA, ~\~ ~ ~ 'iiiiiii' .~ - 1J ~ II ~ ~, ,~ ~,/ r r~', . . '" f. ~i ~, r, '~ ~ , ~ , ---\... r~." :a; : 'Ie, ,. ~ i\. " , i w_ =-.'._-:= _ - --.-. -, ---- -' --'-~-',,- - - .......0.- ...... _,._. ~ .. . - '-~.~~- ~~~:...,.-. .--.-. - .~,-.~ .;;;.. -- ~ J :< "- ...>;< <<" ,",0 J " .0 .0 j I I I I ~ . ~- -............... -' rt') .... lLJ lLJ /-...... \..,.--.... """'" - [ ( -4&..--,1-1 00 00 o o , __.J I I I I I I I I I I I teW.~,..,...~ L_____n FJBSr Eu::m: PlA'" .~ r , , I, .. '. ., '1 'I , I " ., ......., " ,wu -..., /) II - " ___ _, ' (1" 5il\u. ~ ;-r " " ,I ;1 II ;, I, " jl 1'1 I' II " I, , I .' ,I I r .1 , , ., -- ,.,) ,,"-,."" . IJEDI<a)I"I , 0. ( '...... - j I!I: I,ll t .I' +i+l,. I 111,1 I 1111' I ~~I : 0 /~/ : Or-:~~~ :' l"lHIHG, BRSTE.L1.llR PUiA PROPOSED ..:._- 7' - -''- ---- ----- ~-~- , ,l..ll/I'lGi I I L I""'- \.... ^"\ J POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, ehat ZUHAIR FAYEZ, of the Kingdom of Saudi Arabia, reposing speoial trust and oonfidence in BURTON t. OLMSTED, JR., of the 'county of Boulder, State of Colo~ado, haa made, con~tituted and appointed, and ,by these presents does make, Constitute and appoint the ' s~id Burton L. Olmsted, Jr. his true and lawful attorney for ,h1m and in his name, place and stead, for his sole use and benefit, to perform any aot required of him in conneotion with the , ' ownership, maintenanoe and sale ot real p~operty and,improvements constructed thereon, more partioularly desoribed as folloWSI (1) unit C-l, LONE PINE TOWNHOUSE CONDOMINIUMS, County of Pitkin, State of Colorado; AND (2) Lots D, E and F, 510ck 19, City and Townsite of Aspen, County of pitkin, State of Colorado (also known'as The Main Street Blook 19 Professional Building, 715 West Main' Sers.e, Aspen, Colorado.) I hereby give and grant unto said attorney full power and authority to do and perform all and every aot and thing what- soever requisite and necessary to be done in' and about the premises, as tully to all intents and purposes as I might or could do if personally present" including, but not limIted to, the execution of deedCl oonveying- real estate,<; execution of doouments enoumbering real estate, and I do hereby ratify and confirm all that said attorney Shall lawtully do or cause to be done by virtue hereof. ' The rights, powers and authorit.y of said'att.orney shall commence as being in full foroe and etfeot from And after the execution of this instrument by me and shall remain in full foroe and effeot. until' revoked by me in writing and until notice of such revocation has been served upon any third parties who may be relying upon this instrument. Third parties may rely upon the representations of said attorney as to all matters relating to any power granted to said' attorney as set forth herein, and no person who may aot in' reli- anoe upon the representations of said attorney or thaauthority granted to him shall inour any liability to me or to out respec- tive estates as a result of permitting- my agent to exercise any power. This Power of Attorney shall not be'affected by disability of the principal. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 14th day of April, 1986. " STATE OF CO~ORADO ) COUNTY OF BOULDER l The foregoing power ot Attorney was subsoribed and sworn before me this' 4 day of April, 1986, by zuhair Fayez. " , Witness my hand and official seal. ,~... ',<:My commission expires. 'jOC"H!~~ "1-D, \ Qre'j) o~~.?, - D 'kiJ,.t,y<L~~w h/,. ~ < ..... -' .. Gir , .~ illS. - ". to , , ',.I '...' . "~ .:,..... June 3, 1991 city of Aspen 130 South Galena Street Aspen, CO 81611 Ladies and Gentlemen: This letter shall serve as my consent as attorney-in-fact for Zuhair Fayez, owner of Lone pine condominium Unit No. C-1, Aspen, Colorado, to the submission of a land use application by Garfield & Hecht, P.C. affecting Mr. Fayez' condominium unit. Signed: ~~Lif?~ Bur1:on 'L. OlmlSt a, Jr. Fayez Properties 777 29th street, ste. 301 Boulder, CO 80302 (303) 440-0206 ;-t/!11/1,';-l' "....., '....... EXHIBIT" E ' ......... I -' RESOLUTION OF THE PITKIN COUNTY PLANNING AND ZONING COMMISSION GRANTING THE LONE PINE TOWNHOUSES ASSOCIATION SUBDIVISION EXEMPTION Resolution No. 8G-l8 WHEREAS, an application was submitted to the Aspeg/Pitkin Planning Office by the Lone Pine Townhouse Condominium Associa- tion (hereinafter "Applicant") requesting approval of subdivision exemption for the purpose of adding approximately eighty-five (85) square feet of living space and 33.75 square feet of storage space to each of the 12 free market condominium dnits on Lot 2 of the Lone Pine Subdivision; and WHEREAS. Section 4-2.1(b) of the Pitkin County Land Use Code authorizes the Pitkin County Planning and Zoning Commission (hereinafter "Commission") to consider insubstantial changes to a recorded plat without notice or hearing; and WHEREAS, the Commission did hold a public meeting on May 6, 1986 at which time it did hear evidence and testimony with respect to the requested subdivision exemption. NOW. THEREFORE, BE IT RESOLVED by the Commission that it does hereby grant the Lone. Pine Townhouses Condominium Associa- tion Subdivision Exemption subject to the following conditions: "'I -"""il:t3\'j}i1;~'91 city of Aspen 130 South Galena Street Aspen, co 81611 Ladies and Gentlemen: This letter shall serve as my consent as President of the Lone pine Townhome Association, Aspen, Colorado, to the submission of a land use application by Garfield & Hecht, P.C. affecting all of the free-market Lone pine Townhome Condominiums. signed: ) ~~~~ Roberta Allen Allen, Sharkey, Braden and McCormick 610 E. Hyman Avenue Aspen, CO 81611 (303) 920-1234 ..---.. ..-... - ,......, "-" GARf[lEILD lie HIECHT, r.c. RONALD GARFIELD' ANDREW V. HECHT*'" ROBERT E, KENDIG MICHAEL J, HERRON"''''* ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 JANE ELLEN HAMILTON CATHERINE H. McMAHON""'* 'also admitted 10 New York Bar Ualsoadrnitted10 District of Colllmbia Bar ".alsoadmittedto Florida Bar ....alsoadmittedlo Illinois Bar [,[";::\\11", \]",,?"@[? 0 ~ [g ~ II !\U)i--- I :: \\\ JUN 2 41991 \ W! J wL- ~ I___.A?'?>~L HAND DELIVERY Kim Johnson Aspen/Pitkin Planning 130 South Galena Aspen, CO 81611 Office RE: Lone pine Subdivision Amendment Dear Kim: Enclosed for your review is an application submitted by the Lone pine Townhome Condominium Association, Inc. and Zuhair Fayez (owner of unit C-l, Lone pine Condominiums) asking for a subdivision amendment to allow the enclosure of the decks located off the master bedrooms in all twelve free-market Lone pine condominiums and the expansion by Mr. Fayez of his unit, as more fully described in the application. The following documents are submitted to you: 1. Application fee in the amount of $870.00; 2. preapplication conference form; 3. Application (four each); 4. original executed consents; and 5. site plan (four each). As the Applicants wish to begin construction this building season, we would appreciate your prompt attention to this matter. Sincerely, ?t:'2JL~ ~;:#~llen Hamil ton k JEH/bc Enclosures cc: Buck and Peggy Olmsted (w/o enc.) LAND USE APPLICATION I. INTRODUCTION. This land use application is submitted to the city of Aspen by the Lone pine Townhome Association, Inc. and by zuhair Fayez, owner of unit No. C-l Lone pine Townhome ("Applicants"). This Application seeks to secure approval for the Applicants to enclose the second floor decks opening off the master bedrooms of the Lone pine Townhomes and for approval by Mr. Fayez to add an addition to his townhome so that it is brought into conformity with the other Lone pine townhomes. II. BACKGROUND. The Lone pine Townhomes were created in 1979 as evidenced by the Lone pine Subdivision Exemption Plat recorded in Plat Book 7 at Page 60. The Condominium maps are recorded in Plat Book 10 at Page 35. The approvals created employee housing units on Lot 1, twelve free-market units on Lot 2 and common open space as shown on the Plat. This Application applies only to the free-market units. When the approvals were granted, the Townhomes were located in unincorporated Pitkin County and all approvals granted conformed with the zoning requirements in place at the time. The Lone pine property was annexed into the City of Aspen in 1989 by Ordinance 15, Series of 1989 and as shown by the annexation plat filed in Plat Book 22 at Page 46. After annexation, a zoning of RMF-A was assigned to the property. A calculation of existing and proposed FAR for the free-market townhomes is attached as Exhibit "A". In 1986, the Pitkin County Planning and zoning commission by Resolution No. 86-18 approved an addition of approximately 118 square feet of living room expansion and storage area to each of the townhomes. A copy of this Resolution is attached as Exhibit "B". To date, all townhomes have added the approved living room expansion except for Mr. Fayez, and it is not known if any of the townhomes have added the storage space. Although an amended plat should have been prepared and recorded after the additions were completed, such an amendment was never recorded. An amended plat will be recorded reflecting the bedroom/storage additions and any additions approved as requested by this application. III. REQUEST FOR AMENDMENT TO SUBDIVISION DEVELOPMENT ORDER. A. Bedroom Deck Enclosures - The Applicants hereby request approval pursuant to section 7-1006(A) of the Land Use Regulations of the city of Aspen (the "Regulations") for an insubstantial amendment to the Lone pine condominium approvals allowing the enclosure of the decks located off the master bedrooms in each townhome. According to Michael Ernemann (the architect for the Lone pine Townhomes when built), the material and installation plans specified that the decks located off the master bedrooms (which face south on the second floor of the units) be constructed using a waterproof membrane overlain by concrete. Mr. Ernemann states that the contractor who built the townhomes, Greer construction, did not follow the specs, and instead of using a waterproof membrane used building paper (which tears readily and thus leaks) overlain by concrete. The result of this construction oversight is increasing leakage in many of the units from the second floor decks through the living room ceilings. Despite several years of attempts to rectify the problem, it appears that nothing short of either completely tearing out the decks and underlying living room ceilings or enclosing the decks will prevent the ongoing leakage. The Lone pine Townhome Condominium Association has voted in favor of enclosing the decks based upon considerations of cost, convenience (ie., speed of construction) and aesthetics. A letter on this matter is attached as Exhibit "c" from Don Westerlind of Alpine construction. Alpine Construction has been involved for years in attempts to correct the leakage problem. The decks are shown on the Lone pine condominium plat as limited common elements, so there will be no additional site coverage nor addition of square footage. B. Addition to unit C-l - The Lone pine Townhomes were designed on a modular concept of approximately 20 feet per unit. All units except for unit C-l are one module wide and two stories high. unit C-l is three modules wide, and two stories high over only one of the three modules. Consequently, as it stands, unit C- 1 is already different than the rest of the units. As of this date, all units except unit C-l have done an extension to the living rooms which involves a small modification (approximately 86 square feet) of the footprint of the building. The owner of Unit C-l plans to do the same modification to his living room along with the other proposed renovations. (The existing and proposed modifications, as shown by elevations and floor plans, are attached hereto as Exhibit "D"). This modification to the living room is the onlv proposed change that affects the footprint of the structure. All remaining proposed modifications to unit C-l occur within the existing framework of the structure or over the two single- story modules of the unit. In order to make the two one-story modules more congruous with the architecture of the complex, they were in the beginning designed with high sloping ceilings so that from the outside the roofs were lower, but not a full story lower. Because the rooms are small in these areas, the ceiling height has always been disproportional to the spaces. In looking for ways to increase the size of the rooms, it made good sense to eliminate these high ceilings, increase the size of the existing rooms by eliminating one bedroom on the ground floor, and add it back onto the unit with a second floor addition. Because there are a number of children in the owner's immediate family, Mr. Fayez decided to add a Den/TV room in an out-of-the-way location, which when used would disturb the rest of the household as little as possible. ,".. '"'....^"~~-~,',~--- The end result of this renovation is as follows: 1. The number of bedrooms remains the same as existed before the renovation and as exists in the other free-market townhomes (3), but each has increased in size. 2. The Living/Dining/Kitchen areas increased in size. 3. One full bathroom has been added. 4. One Den/TV room has been added. 5. The roof lines of the unit are now more consistent with the other units in the complex. All exterior finishes, windows, etc. will match those existing. 6. Mr. Fayez has agreed to make whatever landscape additions are required by the condominium Association on the immediate west side of the unit. Presently, the landscaping is minimal; with this addition the complex will be significantly upgraded. 7. The master bedroom will be increased in size. This increase occurs by enclosing an existing outdoor deck which is positioned over the living room. Although the leakage from the deck has not consistently been a problem in this particular unit, decks have been the source of ongoing leaks in a number of other units. By enclosing the deck, the bedroom is increased in size and the leaking problem is solved. The additions proposed to Unit C-l bring the exterior of the unit more into conformity with the existing Lone pine townhomes. The unit will have the same number of bedrooms, baths and parking spaces as have all the free-market townhomes (3/3/2). When the Lone pine Townhomes were approved by Pitkin County, the ratio of bedrooms to parking spaces conformed with the existing zone district. When the city annexed the property the three bedroom/two assigned parking place mix became a "grandfathered" or pre-existing non-conformi ty. Because there is no proposed addition of bedrooms, the Applicants should not be penalized by being forced to secure a third parking space simply by virtue of other additions to the townhome. Because the number of bedrooms will not increase, and because section 5-301 of the Regulations provides that the number of off-street parking spaces is determined by the expansion in a development based upon residential bedrooms, the Regulations do not require the addition of a parking space based upon this application. IV. SUMMARY. Enclosed as Exhibit "E" are plans showing the Lone Pine Townhomes as they will look following the deck enclosures and the addition to Unit C-l. These exhibits have also been reduced for convenience. Further, the survey of existing conditions requested by the Planning Office is included, with all items requested by the Planning Office of the surveyor. The Applicants respectfully request approval of this Application and vesting of the approval at the public hearing which will be held at the second reading on the approval ordinance. ,j~ ~ +p..~t.:.... ORDINANCE 34 SERIES 1991 AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO APPROVING THE ENLARGEMENT OF UNIT C-1, ENCLOSURE OF SECOND FLOOR DECKS, AMENDMENT OF THE LONE PINE CONDOMINIUM PLAT FOR THE 12 ,FREE MARKET UNITS LOCATED ON LOT 2 OF THE LONE PINE CONDOMINIUM PLAT AND VESTING OF DEVELOPMENT RIGHTS WHEREAS, prior to the annexation into the City of Aspen in 1989, the twelve free market Lone pine Condominiums received approval by the Pitkin county Planning Commission to enlarge each free market unit by 118 square feet; and WHEREAS, a condition of this approval was the requirement to amend the Lone pine Condominium Plat to reflect the expansions; and WHEREAS, eleven of the twelve units on Lot 2 have completed the 118 square foot expansions, but the 3.mended plat had not been filed; and /l'(. v WHEREAS, in order to correct a problem of leaking second floor decks, the Lone pine Condominium Association and Zuhair Fayez ("Applicants") submitted a proposal to enclose the deck areas with approximatelY;1.2 square~K~~t, Of. Uoor area per unit; and \ '( WHEREAS, Mr. Fayez also requests to expand his unit (C-l) by approximatelYL8~J., squar-=! feet in order to remodel and add a bathroom and oenjt.v. room; and WHEREAS, the Planning Office received an application for approval the second floor deck enclosures, expansion of unit C-1, and amendment of the Lone pine Condominium Plat including past and proposed expansions; and WHEREAS, the Planning Office received positive referral comments from the Engineering Department; and WHEREAS., finding. that the proposedadditioT)s met the. dimension'll, . requirements of the RMF-A zone district, the Planning Office recommended approval of the expansions with conditions; and WHEREAS, the Aspen city council having considered the Engineering Department's and Planning Office's recommendations, does wish to grant approval for expansion of the Lone pine Condominiums and amendment to the Subdivision Plat, with conditions; and WHEREAS, a request for Vested Rights for the development approval was included in the application for expansion and plat amendment; and WHEREAS, pursuant to section 24-6-207 of the Aspen Municipal Code the City council may grant vesting of Development Rights for a 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the city of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section. '4: Tne city. Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the city of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific devalbpment'plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised statutes, pertaining to the following- described property: . The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. section 5: A public hearing on the Ordinance shall be held on the CfI..;..-- day of .;tiffh ,1991 at 5:00 P.M. in the' City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of. 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 !:l;,y Council of the City of Aspen on the 1-2~ day -~ ,1991. n John 1tne:?~ the of 4ALLY, a'Pted, 'f11iA< -h 0.-1 1991. , passed and approved this ~ day ~8~ ennett, Mayor of John erk 3 c" " l'IOIJ-~1-199~ U: 111> FRQ~l >lSPEWPITKIN COM DEV TO 9-9255445 P. 01 , .. .:':', .. ~ :..,' ~ ..' . .. . . j....... ........... II "-'-. ~ , i .; , ' . ~""'~-,..J ' Asml . l'lmN Glenn Daly Rivet' BluffTownhome Associatio.n 0155 LOlle Pine :ad, Aspen, Co. 8'1611 C...."""m Ot\"WlnIINt 0.-'''''''" November 13,1996 RE: Deck Expansio:1 App:-ovals , . 'f25"~5"~Lf~ Dear Mr. Daly,' I am responding to your August 12, 19961eltcr which you sent to. Dave Michaelson, who is no. lenger with the Planning Office. I was the planner who originally worked on this case In 1991 sa lam familill! with the iSSUI;S, Ordinance 34 o.f1991 appromiand vested th~rights to. improve and slightly expand the Lone Pine units as s~ified. Vested rights protect an approved project against any code "changes which might prohibit such a prOj~t, The timeframe for vested right:; ha:; lapsed but your approl'alJ set forth in Ordinance 34 are still in effect. The only risk at this point would be if the City decided to. change the land use regulations in such a way that' would warrnnt the'deck prcjects UIlwo.rkable. 1 foresee no. such code changes in the near future which might affect your 1991 approval. I would impress upQn yeur homeowners, 'however, that completing the ~eck enclosures as soon an feasi'ble is the best v..ay to eliminatc'lmY pOtential pitfalls with the 1991 approval and petentialland use codcweodments, ' " . "~ t Please feel free to make copic:s of this letter for your homeowners-. They can attach this letter to building permit i1pplica.tions as documentation of the Lone Pine's status for the deck work as afthis time. lfyou have any queS)ions please do nat hesitate to call me at 9Zo-~090, Sincerely, , im Johnson Planner, 7671 O.te/l-L/..f(.. \p'a~s'" ( post.le Fax Nole To ...J~y -c./I..)S~e<< praro t tEJJ AI CO. ColO.pl , Phone . PhC(\tll Fox. F8]; I' . , EXHIBIT" A .. 4/2191 Lone Pine Condominiums Floor Area Ratio Calculations For Free Market Units Lot Area: Lot 2 Common Common Common Total 1 .50 ac .41 ac ,07 ac .14 ac 2,22 ac (96703 sf ) Floor Area Ratio (FAR): ,36: 1 Allowable Building Square Footage: .36 x 96703 sf = 34813 sf Existing Building Square Footage: Building C: Unit C 1. First Floor, plate height of 10ft, or less 586 plate height of 11 ft, 592 x 1 ,05 = 622 plate height of 13.5 ft. 39 x 1,175 = 46 plate height of 17,2 ft. 84 x 1.36 = 114 Sub-total Second Floor, plate height of 10 ft. or less 283 plate height of 12 ft, 121 x 1,21 = 133 plate height of 15 ft. 63 x 1.25 = 79 , Sub-total Storage Total Unit C 2- ( also units 0 7. E 1 ) First Floor, plate height of 10 ft. or less 490 plate height of 11 ft. 489 x 1.05 = 513 Sub-total Second Floor, plate height of 10 ft. or less 698 plate height of 11 ft. 125 x 1.05 = 131 plate height of 13.5 ft. 55 x 1,175 = 65 Sub-total Storaae Total Attachment "E" 1368 495 77 1940 1003 894 90 1987 Building D Unit D 1- ( also unit D 2 ) First floor, same as unit C 2 Second Floor, same as unit C 2 Storage Total 1003 894 49 1946 Unit D 3- (also units D 4,5,6,& E 2,3 ) First Floor, same as unit C 2 Second Floor, same as unit C 2 Storage Total 1003 894 67 1964 Building F 862 Total Building D- Unit C 1- Unit C 2- Unit D 1- Unit 0 3- 1940 1987 x 3 = 5961 1946x2= 3892 1964 x 6 = 11784 862 24439 Building C. Buildinq F- Approved additional square footage: ~sf per unit for 12 units = ~,+"~ liS Garages: Square footage is less than 500 square feet per unit and is therefore exempt from FAR. calculations, per meeting with Planning Office on 4/2191. Total existing F.A.R, ( and pre approved additions ), ~ l~~S'{ Prepared by Thomas Landless A.I.A. for Fayez Properties, Boulder CO. FROM THE DESK OF... J( /2--f/l{, ?~ FIVO y~ ottU-- V ~~-#-- rF.r /~ ~CJ/< ~ /lMd-&-~, ~ --;-- -', c:. -- The LanSC:J Corporation 866 Third Avenue New York, NY 10022 Fax (212)376-5100 . ~2i (212) 376-5555 Ex! 279 A FROM THE DESK OF... 1/ /u;/f~ JEROME D. GINSBERG Executive Vice President ~~~ c:z+vG ~ te ~ f ttA-/ #.L-. ~ S~_~ ~n. ~ ~ -f-o ~ F ,4-'1<.. ~~ ~~ ~fL~ ~ 0'\-- a... ~ (l-;;t;:::. ~ y;d- ~ ~~Y- r>f- 72- r-Cz.. - ~ The Lansea Corporation 866 Third Avenue, New Ycrk, NY 10022 Fax (212) 376-5100 . Tel (212) 376-5555 Ext 279 I, ~ Ii< U ~a ~ ,I 1-i Il ~ ~ ~ " ~ ~ ~ E III ~ fu ~ ~ 11 I , , I ~ / ! , . 1 t: ~ i I ~ iH " ~ II o o . "'_"_'" '___'_.V ...u_....__<._,_.._._~,,,.~..__.___...._..__ _it .1\ , :\ ' I I, ...\I'l{ o ,\ \ \ I J ~ I -rv II I " Master Bedroom - Plan 2 Y4";.: I'-aU , I I' . ~ II I 01 01 '. .~ I / / / [~ j ,i J ~ 10 \ \ \ \ I I \ i ' 1 j Master ,Bedroom - Plan 1 _Y~=.l'.:'o",. - " - .,,~.;.. v '_J' OCT 2 0 1995 RONALD GARFIELD' ANDREW V. HECHT" MICHAEL J. HERRON... DAVID L. LENYO ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 8161 I CC~.X;N i '~. Dl\'!ilO<"'~~~NT !. ' " / .,,~.;~ .,.~~~~~~:i" ,.::,t':iE:N 'pf\ \. ~-.J._.Of counsel: ROBERTE, KENDIG GARfIIElD & HIECHT, r.c. KRISTI S. FERRARO.". PATRICK D. McALLISTER..... TELEPHONE (970) 925-1936 TELECOPIER (970) 925-3008 . also admitted to New York Bar .. also admitted to District of Columbia Bar ... also admitted to Florida Bar .... also admitted to Pennsylvania Bar ..... also admitted to PcnnsylvllJ\ia Bar and New Jersey Bar October 20, 1995 HAND DELIVERED Ms. Leslie Lamont Assistant Planner City of Aspen Planning Department 130 South Galena Street Aspen, Colorado 8 161 1 Re: River Bluff Townhome formerly known as Lone Pine Townhouses Dear Leslie: If you will recall earlier this year, I contacted you concerning the desire of Lone Pine Townhouse Condominiums Association, Inc. to change its name and the name of its project so that the Association's name would be River Bluff Townhome Association, Inc. and the name of the project would be River Bluff Townhome. At that time, I discussed with you my desire to accomplish this change on behalf of my client at the least possible expense and the fact that causing the Plat or Map to be reprepared and recorded would be somewhat expensive. I advised you that I wanted to do it by a simple amendment to the Declaration and Map that would be recorded in the real estate records. You discussed this with John Worcester, the City of Aspen's attorney, and he advised you that it was his opinion that this would be acceptable. You then requested that I inform you at such time as that amendment was accomplished. Enclosed please find a photocopy of the recorded Second Amendment To The Condominium Declaration For The Lone Pine Townhouse Condominiums and ~ "-" .- GARfiELD & ItIECIH. r,c. Ms. Leslie Lamont October 20, t 995 Page 2 Condominium Map recorded on September t t, t 995 in Book 793, Page t 5 t, of the real est.1te records of Pitkin County, Colorado. This document is affected by changes in the name enumerated above. Should you have any questions, please feel free to contact me. Very truly yours, "?fUt/w.lJ kLtJ>L / e L Michael). ~~ron Enclosures M)H\chc cc: Mr. Glenn Daly c:\m]h\rlverbll\Itn\lamonLhr , . ...... " 3852&0 8-793 P-151 09/11/95 02:23P PG 1 OF 11 SILVIR DRVIS PITKIN COUNTY CLERK & RECORDER REC DOC 5&.00 Nt SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE LONE PINE TOWNHOUSE CONDOMINIUMS AND CONDOMINIUM MAP This Second Amendment ("Second Amendment") to the Condominium Declaration For The Lone Pine Townhouse Condominiums and Condominium Map is made this 1 st day of May, 1995 executed by the various Unit Owners of Condominiums who execute this Second Amendment. RECITATIONS A. On the 14th day of July, 1980 the Condominium Declaration For The Lone Pine Townhouse Condominiums ("Declaration") was recorded in Book 391 at Page 613 of the Real Estate Records of Pitkin County, Colorado, and amended by the First Amend-ment recorded in Book 395 at Page 571. The Declaration created The Lone Pine Townhouse Condominiums ("Condominium"). The Condominium Map for the Condo-minium was recorded on July 14th, 1980 in Plat Book 10 at Page 12 of the Real Estate Records of Pitkin County, Colorado, and amended by the First Amendment recorded in Plat Book 10 at Page 39. B. The Declaration provides in paragraph 22 that it may be amended by Unit Owners owning an aggregate ownership interest of eighty percent (80%) or more of the General Common Elements of the Condominium. Various owners of Condominium units owning in excess of eighty percent (80%) of the General Common Elements in the Condominium desire to make amendments to the Declaration and to the Condominium Map as set forth herein and have executea-this Second Amendment for the purposes stated herein. 1 . All of the capitalized terms contained in this Second Amendment are either defined herein or defined in the Declaration. 2. Paragraph 1, section 1.7 of the Declaration is hereby amended to change the name of the Association of Unit Owners from the Lone Pine Townhouse Condominiums Association, Inc., a Colorado Non Profit Corporation to River Bluff Townhome Association, Inc. All references in the Declaration and in the , , ........,.,.. 385260 8-793 P-152 09/11/95 02:23P PG 2 OF 11 Condominium Map shall hereinafter be deemed to be amended to provide that the name of the Association is River Bluff Townhome Association, Inc. 3. Article 1, Section 1.11 is hereby amended to provide that the Map is amended to provide that the name of the Condominium is the River Bluff T own home. 4. Paragraph 8 the Declaration is hereby amended to delete the indented verbiage set forth therein and to substitute in its place the following: Condominium Unit , Building , River Bluff Townhome, according to the Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado in Plat Book 10 at Page 12, amended by the First Amendment recorded in Plat Book 10 at Page 39, and as described in the Condominium Declaration for Lone Pine Townhouse Condominiums appearing in such records in Book 391 at Page 620, and amended by the First Amendment recorded in Book 395 at Page 571, as such Declaration and Map have been amended by that certain Second Amendment recorded in Book at Page _ _ of the Real Estate Records of Pitkin County, Colorado wherein the name of the Condominium was changed to River Bluff T ownhome. 5. Except as amended herein the Declaration and the Map remain in full force and effect. The sole purpose of this Second Amendment is to change the name of the Condominium and the Association to River Bluff Townhome and River Bluff Townhome Association, Inc., a Colorado Non Profit Corporation respectively. 6. This Second Amendment may be executed in several counterparts and, after execution and as executed, shall constitute an agreement binding on all of the parties, notwithstanding that all of the parties are not signatory to the original or same counterpart. SIGNATURES AND ACKlIIOWLEDGEME'NTS ON FOLLOWING PAGES 2 .385260 ~ , .....,." COUNTERPART AND SIGNATURE PAGE FOR UNIT OWNER ~f (J llM;- Condominium Unit L Building Jl..... Percentage Interest 8.333% STATEOF~ ) JJ () I ) ss, COUNTYOFt?\tb~ ) Before me the undersigned authority personally appeared ~~!l C. ~ and executed this instrument this ~ day of ~ ' Witness my hand and official seal. My commission ex 'r s: , 1995, VERA B.LA VArl& @Y";:'COMM'"llliOJo16& i .' ~\ Notary P\bllc - CaBfomlcl ! I" ", LOSANGWCOUNlV I t ~~. . ~c~.m,~.~l~.~~ '-J MA-13 . oZ~Ja4- Notary Public 8-793 P-153 09/11/95 02~23P ~IG ~ OF 11 riverblt\docs\amendcon.002 3 , " ( "'"" ( COUNTERPART AND SIGNATURE PAGE FOR UNIT OWNER STATE OF Aid 'pt/{ COUNTY OF IaJ 'jll-j( . ) ) ss, ) U' wner ~ '~ ndominium Unit ~ Building~ Percentage Interest 8.333% rity personally appeared .niGr and executed this instrument this ~day of Witness my hand and official seal. My commission expires: " , 1995, Q16~{LA !/ JULES R, CANTO Notary PUOllc, Stat. ct New York No, O~.ClM9173~O QUilifi~d m ~inR! County " L Col1lffiliilUII EXpltf. May 31. 19~ ,385i.~b0 B-793 P-154 09/11/95 02:23P PG 4 OF 11 ri verbU\docs\amendcon. 002 3 , , ^...'...... COUNTERPART AND SIGNATURE PAGE FOR UNIT OWNER ~~' ~nitOwner ~ Condominium UnitL-{ Building Percentage Interest 8133% STATE OF TEXAS ) ) ss, ) COUNTY OF TARRANT Before me the undersigned authority personally appeared Frances Ginsburg and executed this instrument this 22nd day of May ,1995, Witness my hand and official seal. My commission expires: ~:F.'~' SANDRA CRAWFORD :5fi.*' ~\ NOTARY PUBLIC STATE OF TEXAS '. ' ':h'~:$~ My Comm, Exp, 6-15-96 --~<>--~ d~U1 01111/fl-<..(/ Notary Public " 38526 ~J 8-793 P-155 09/11/95 02:23P PG 5 OF 11 nverblf\docs\amendcon.002 3 , , ........ ( COUNTERPART AND SIGNATURE PAGE FOR UNIT OWNER Urnt~~ Condominium Urnt ~ Building Percentage Interest 8333% C;'-O~ STATE OF P/T7'" , ) ) ss, COUNTY OF '7>, 77L-I IV ) Before me the undersigned authority personally appeared kv~"1 IfZ.uPP and executed this instrument this ';;S day of (Y1*-f , 1995, Witness my hand and official seal. My commission expires: IijJ",jq-r {'. .~" .. .., ,".- ..., , .'.....i .. . A -"" ~.." ,..'.... II'.. ~ ..... ....., [\ ,~" "0 o~ #:.\\GTA 'o,\~\, .t: ~--c.-." : ; ~'; ...~ ~ j:;, ,"": ~ -'. c..'", 4./? l \ \.f : () i,11. " :.A'o _\..# .," .r ""'1"..... ...._~J".j( ~ ....... ":J~~,..., " "OF "0-'; ,\'. .,.. ".. ,\\- 'Of,"",,,I"" " 3852[:.0 B-793 P-156 09/11/95 02:23P PG 6 OF 11 riverblf\docs\arnendcon.002 3 , , ..--. COUNTERPART AND SIGNATURE PAGE FOR UNIT OWNER Unit Owne 8 Condomini m Unit>=-> Building _ Percentage Interest 8.333% \ STATE OF 'f)ueJ.UIC4U ) /) ,U ) ss, COUNTY OF "'-=/frv ) Before me the undersigned authority personally appeared IYltJR.JiJftY (!, PITT 1995, Witness my hand and official seal. My commission expires: L ' ~IJA nJ.dAiJ. vI. &.-r! Notary Public MILDRED S, HLAD Notary Pub,;;, Wayne C,"nty. Michi~an My Commisso' EXDires June 15, 1997 385E:60 8-793 P-157 09/11/95 02~23P PG 7 OF 11 riverblf\docs\amendcon,002 3 C-I? 7/ , , -",,'-.''-. COUNTERPART AND SIGNATURE PAGE FOR UNIT OWNER STATE OF /1ri 3P'Jf<-'" ) L ~ ) ss, COUNTYOF~,~ ) Before me the undersigned authority personally appeared) //JVrJ'~ ~ w>>~' (}:l ~~ /1- /l ~O~_JtIS 1:3 ~T\)~,M1? Umt Owner 9 Condominium Unit ~ Building tONti.. fJ, /\r "'-. Percentage Interest 8.333% '~'11" J~~"! ~ ("J"t'!':>1. '" IJ,., """ -TO 1l.;"(tf.,gLvW) and executed this instrument this day of 1995, Witness my hand and official seal. My commission expires: <I ~~~M -....---- '-~~- 1lr_~..lI.- 7&~Lll0)~~ o ublic -j'ff,4 '/ :j::')H'1 I fV ''5 (C--,v /J...,-' U tZ.f'2- OP' IV-/\/' 4-14. S. L 0""/ (; u ~ cA.... i) ~ -r /-h f C f/-4-d ~/ vCr- -r iJ--i. cV tJ. t'1-L Q t=- ?-o ;J /z. () JAf /.;..... 0- (f '" cJ J.I'1 f"J,()>"V"::Y --r- O-J '" /I UlJ) ~~ rro /Z-IJI'Z. /LL3 Lv,c~ eoN tJVr1JN1d"" .J~N ):/V~_ 3135,::612) 8-793 P-158 09/11/95 02:23P PG 13 OF 11 3 ^" I COUNTERPART AND SIGNATURE PAGE FOR UNIT OWNER ~ Unit Owner Condominium Unit.!Q..., Building ~ Percentage Interest 8,333% STATEOF ~ COUNTYOF~' ) ) ss, ) Before me the undersigned authority personally appeared and executed this instrument this -'-- day of 1995, Witness my hand and official seal. My commission expires/.,z,;j /;8 Slate 01 to ,Cour,ty of /l:(h J Eig ad beiore me en this / c'Ji!f , of .1s11tri if) It.... PubIic_ ~,~ , ...~, ..' ~ _Vl.f,~.~~~~ it'" .." ". c;'i i. (..' '!>.',\ \, L.' '\JY1 ] ,_I .. ~)...~.~, ~ ~,)...... - : v : ',' , : ..... :~ ;". ,.-;;' : J: , . (J .: ':".) .' () ~ -_. .' .....:\ ..~.I , ....... t! (\ ~......" J .,.... T,t,l",~~" ...,...ttt....-..... /r Notary Public "'';!'-;:':~_~,...'3o<~....='~'~~=.r---.-~--~ ~ ----~ ARLEEN GINN n NOTARY PUBLIC ~ STATE OF COLORADO t " , 38526121 B-793 P-159 09/11/95 02:23P PG 9 OF 11 riverblf\docs\amendcon.002 3 ... '.- , , '" '. COUNTERPART AND SIGNATURE PAGE FOR UNIT OWNER ~-:CJdo ~ Condominium Unit J..L, Building 1Z Percenta e Interest 8.333% ~~ .' ~ , Unit Owner ' Condominium Unit~, Building"!..JZ Percentage Interest 8.333% t.~ t Owner Condominium Unit ~, Building -'2 Percentage Interest 8.333% Unit Owner Condominium Unit -=, Building = Percentage Interest 8,333% STATE OF CD"''''~ ) ) ss. COUNTY OF f ml.-.tJ ) " , ./ Before me the undersigned authority personally appeared T1tf- /t1'x>v,;; Gll~")JV ))A"~l ~~(]C"X--T?"-f /ft...t.L--.w -rl-J-O ;];;,+.-...' ('. ~''''''J-> and executed this instrument this ~ day of Notary ,1995. ,~i t'~~" /' 4..'+-" "".,"0 ,-ot, / q(1~~"WJTAlr;'~\;\ . r::/~~~-,... f blic / ~...., JDl\ , () 0 "'... '", " ;:> / ~ '......"c1.. " OF cn\': \",,, ", -""uu"'''' .--', /Y14-'-:t Witness my hand and official seal. My commission expires: ;lq/err 385260 B-793 P-160 09/11/95 02:23P PG 10 OF 11 3 , , ...-..... COUNTERPART AND SIGNATURE PAGE FOR UNIT OWNER ~/A ..4 ,c /<; ~..-: J Unit Owner - Condominium Unit ~ Building _ Percentage Interest 8.333% ,.' ~,,' :=~:(j;t:e;: '~'i ,:..~ Before me the undersigned authority personally appeared A Ie x AA d er G,. Kaspar, ,-- ~,.","-"--,""".--,-~ ~.-_."~--- ,- -', "~,"--":'-'"-''''''''''.'~''' _;__""_ ,,.-,.......c-_~.. ,-,,- and executed this instrument this ~ ayof 1995, Witness my hand and official seal. My commission expires: , \,11111111111/1/11 >10'\" KAR" III, ~~s ~ ";';.....~~1J~~ ~ ", "'a,~ "" .' OTAR .;y ~ ~ ''''\ I,;e <:; .:::\"to r~'S ::: . . - ~ : ~ : ~ - .. . - ~~.PU (":~ ~tP~ BL\"'..'~~ ~~"'..'\ ,"$:)~ ~-7'Jf .......~~~~ "III/: OF CQ\,.\J ~\""" II'n'ftllll\'\\~ ~ c '1UI--"~lt1j;:fl{~ NotaryPubli!' ~ AMY M, KARMAZONI,,"'OTARY PUBLIC PITKIN COUNTY BANK & TRUST POBOX 3677 ASPEN, CO 81812 MY COMMISSION EXPIRES 10101197 .3852&0 8-793 P-161 09/11/95 02:23P PG 11 OF 11 nverbIMocs\amendcon.002 3 , , "'" ,':" .-: ~...''- _ .r ,.r -"- ,.-' .... W'\" nG.E. OF Nr-.N1'i:. ,,,ii,"> ,,' ~r f( I I r( .., FILED COpy NONPROFJT ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION FOR "';;:::.. REJECTED...__...._II_ LONE PINE TOWNHOUSE CONDOMINIUMS ASSOCIATION. INC. 951092135 M $25.00 SECRETARY OF STATE , 07-20-95 11:43 Pursuant to the provisions of the Colorado Corporation Code, set forth in Title 7 the number of the Colorado Revised Statutes, hereinafter the "Code", the undersigned Corporation adopts the following Articles of Amendment to its Articles of Incorporation: ARTICLE I The name of the corporation is Lone Pine Townhouse Condominiums Association, Inc. ARTICLE II The following amendment was adopted by the Corporation pursuant to a Resolution unanimously adopted by the members of the Board of Managers on the g+h day of '-{IJa;j. , 1995, in the manner prescribed by the Code, and by a vote in excess 0 seventy-five percent (75%) of the members entitled to vote: ARTICLE I - shall be deleted in its entirety and the following substituted in its place: ARTICLE I - The name of the corporation is River Bluff Townhome Association, Inc., a Colorado Non-Profit Corporation. ARTICLE '" Except as amended herein, the original Articles remain in full force and effect. 951123093 M $30.00/ SECRETARY OF STATE 10-05-95 12:11 ..._;:r--........ ."1..'.....;. ., -' ;.. .,.. , " ( ( . .... ( ( Lone Pine Townhouse Condqminiums 'i\"ssoda,tiqn1 Inc., a, CGllo,,,, 0 Non Profit CC,o oration ,'_ B ," ' ' I y: Glenn Daly, President Attest: ' By: . . . -. ~h \/J;,.- ~ ' Aireen Ginn, Assistant Secretary STATE OF COLORADO) ) ss. , ) The foregoing instrument was acknowledged before methis p";' day of , 1Y/4f " , 1995 by Glenn Daly as President, and Arleen Ginn as"Secretary, of the Corporauon, , ,,,:)',;,,:.,,,-, \ \' I ) ~ \ . l.... Witness my hand and official seal. ' , ' '" " My oomm",ion ,,,,,i,~' "l' J,:wy "'--;:: ~' ':' ''',' I The undersigned being the members of the Board of Managers of the Corporation hereby consent to the foregoing amendment to Articles of Incorporation. ~~,~Th~ Glenn Daly t U ft/ -~~ Arl Gi ' riverblf\docs\corp.l0a - 2- /"", " lZlI[A ""..--.,,./ MEMORANDUM TO: Mayor and city council THRU: Carol O'Dowd, City Manager ~ Planning Directo~ THRU: Amy Margerum, FROM: Kim Johnson, Planner RE: Lone pine Subdivision/Condominium Plat Amendment and Vested Rights, Second Reading of Ordinance 34, Series 1991 DATE: ~_.._-'->-_.~ - --------------------------------------------------------------- --------------------------------------------------------------- SUMMARY: The Planning Office recommends approval of the Lone pine Subdivision/Condominium Plat Amendment with conditions. The amendment will allow enclosure of several small decks within the complex and the expansion of unit C-1. In addition, the plat will be updated to reflect other minor construction which has occurred in the past several years. The applicants also request vested rights for three years to be included within the approval. First Reading of Ordinance 34 was on August 12, 1991. The applicant requested Council's consideration to submit building plans prior to final approval of the plat amendments. In accordance with the process outlined in the land use regulations, Council did not approve the applicant's request. COUNCIL GOALS: This project reflects Council goal #14 which emphasizes fair and consistent treatment in governmental processes. CO-APPLICANTS: Lone pine Condominium Association and Mr. Zuhair Fayez (owner of unit C-1), represented by Jane Ellen Hamilton of Garfield and Hecht, P.C. LOCATION: The subject property is north and east of the intersection of Gibson Ave. and Red Mountain Road, south of Lone pine Road. The request is specific to the free market condominiums on the south side of the parcel. See location map, Attachment "A". ZONING: RMF-A (Residential MUlti-Family, recently annexed into the City) PROCESS: Pursuant to Section 24-7-1006 B. of the Municipal Code, the city council may approve an amendment to a plat if the proposed change(s) is consistent with the approved plat. This shall occur as a one-step approved by ordinance adoption. included within the ordinance. review by City Council, and be Vested rights approval will be , ' ",",0.,. "",,, ' ~-, .,;' APPLICANT'S REQUEST/PROPOSAL: The applicants request an expansion of unit C-1 by approximately 833 s.f. Mr. Fayez, owner of unit C-1, seeks this expansion to increase the size of existing rooms and rearrange the floor plan, making his unit more architecturally consistent with the other units in the complex, as viewed from the exterior. The proposed square footage of unit C-l will be approximately 2,770 s.f. The existing unit has three bedrooms and three baths. The proposed renovations will yield three bedrooms, four baths and one den/t.v. room. See Attachment "B", site plans and elevations. The application also requests approval to enclose second story decks of approximately 72 s.f. which have been leaking into the first floor of several of the units. This solution will negate the need to tear out the ceilings of the units for major structural changes. Please see Attachment "c" for comments from Alpine Construction and typical elevation of proposed deck enclosures. Regardless of receipt of approvals to expand unit C-1 and enclosure of the leaking decks, the condominium map must be amended to reflect several minor expansions which were approved and built prior to this property's annexation into the City of Aspen in 1989. Approvals were granted by the pitkin County Planning commission in 1986 to allow a 118 s.f. addition to each unit for living room expansion and storage. Eleven of the twelve units completed this expansion. A plat amendment should have occurred at that time, but one was never filed. The total proposed amendments to the original 1979 Lone pine Condominium plat (including 1986 approval and current request) will result in floor area expansion of approximately 3,113 s.f and site coverage expansion of 122 s.f. for unit C-l. Please see staff comments below for further breakdown of FAR data. REFERRAL COMMENTS: Rob Thomson of the Engineering Department has the following comments: 1. The applicant must furnish an amended condominium map that meets the requirements of Section 24-7.1004.2.1-12. Due to possible design changes the plat must reflect an as-built condition and be recorded prior to final inspection. 2. It appears that the proposed development will change the historic run-off for storm water. Per Section 24-7-1004C.4.f of the municipal code, all but historical drainage must be maintained on site. The applicant must demonstrate to the engineering department that the drywells are sufficient to accommodate drainage on site by providing calculations from an engineer registered in the State of Colorado. We also need the engineer to comment on the functional aspects of the facility in order to determine that it can be cleaned for continual, proper performance. 3. The applicant must agree to join a Special Improvement District , ;"".."" ,"" if one is ever formed for the purpose of constructing improvements in the public right-of-way. This must be shown on the plat. 4. If planning and/or zoning reclassify or consider the den/tv room as a bedroom the applicant must provide an additional parking space. 5. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights-of-way from city streets department (920-5130). (Attachment "D". STAFF COMMENTS: The Lone pine Condo Plat consists of two lots. Lot 1 (approximately .69 acre) contains 28 affordable housing units with their own homeowner's association. Lot 2, the 2.22 acre subject parcel for this application, contains twelve free market units. section 24-1006 B. allows Council to grant amendments to plats if the changes are consistent with the approved plat. The original plat for these condominiums was filed in 1979. Prior to the parcel's annexation in 1989, the Pitkin county P&Z approved minor expansions (118 s.f.) for each unit. To date, eleven of the twelve units added this area. However, the original plat was not updated afterwards as required by the county P&Z approval. In addition to these changes, the proposed deck enclosures and expansion to unit C-1 will require a plat amendment. The Homeowner's Association wishes to accomplish all of the plat revisions at one time as requested by the Planning Office. Other than updating the plat to reflect past changes to the structures, the issues which should be considered for the proposed deck expansions and enlargement of unit C-l are: Floor Area: The site area for Lot 2 (the free market condominium parcel) contains 2.22 acres which includes .62 acres of common open space. Maximum floor area allowed in the' RMF-A zone for this lot is .36:1, or 34,813 s.f. Calculations provided by the applicant indicate that the project currently includes 25,855 s.f. If this proposal is approved the resulting floor area will be 27,552 s.f.: Existing FAR - 25,855 s.f. (includes 1986 approval) Proposed deck enclosures - 864 s.f. (72 s.f. X 12 units) Proposed expansion of unit C-l - 833 s.f. total existing and proposed s.f. - 27,552 s.f. Maximum allowed FAR - 34,813 s.f. site coverage: with the expansion of unit C-1, the site coverage for Lot 2 will be increased by approximately 122 s. f. Total .# '", ."'~' IIt."..,/ ~"",,' current site coverage is approximately 20,366 s.f. The new area represents an increase of site coverage increase of roughly .006%. Parking: This proposal will not increase parking needs as new bedrooms are not being created, according to the application. As mentioned by the Engineering referral and substantiated by the land use code parking requirements in the RMF-A zone, the den/tv room cannot be used as a bed room without providing an additional parking space. staff recommends that a note be included on the amended plat stating that unit C-l cannot contain four bedrooms unless an additional parking space be approved by the Planning Office and installed on Lot 2. Please see Attachment "E" for development data from the application. STAFF RECOMMENDATION: Planning recommends approval of Ordinance 34, Series 1991 for the proposed expansions and amendment of the Lone pine condominium Plat which will reflect these changes and other expansions to date. Ordinance 34 approves a total of 864 s.f. FAR expansion for enclosed second story decks for the free market units, 833 s.f FAR expansion for unit C-1, and 122 s.f. site coverage increase for unit C-1 for Lot 2 of the Lone pine Condominiums. Planning also recommends vesting the development rights for a period of three years. The recommended conditions are: 1. The applicant must furnish an amended condominium map that meets the requirements of Section 24-7.1004.2.1-12. Due to possible design changes the plat must reflect an as-built condition and be recorded with the Pitkin County Clerk and Recorder prior to final inspection. 2. Per Section 24-7-1004C.4. f of the municipal code, all but historical drainage must be maintained on site. The applicant must demonstrate to the engineering department that the drywells are sufficient to accommodate drainage on site by providing calculations from an engineer registered in the State of Colorado. The engineer to comment on the functional aspects of the facility in order to determine that it can be cleaned for continual, proper performance. 3. The applicant must agree to join a Special Improvement District if one is ever formed for the purpose of constructing improvements in the public right-of-way. This must be shown on the plat. 4. The plat shall state that "unit C-1 shall contain no more that three bedrooms. If the den/tv room is used as a bedroom, the applicant must provide an additional parking space as approved by the Planning Office." EXHIBIT- C · Attachment "c" ALPINE CONSTRUCTION CO., INC. 315 East Main Street Aspen, CO 81611 303/925-7007 FAX 920-3778 To Whom It May Concern: Alpine Construction Co., Inc., has worked on the master bedroom decks at the Lone Pine Townhomes for several years. It is my belief that if the association is granted the ability to enclose these decks with a sunroom system, some of the individual owners would be able to solve a leaking problem that many of the units have in common. Sincerely, Don Sten Westerlind President kar ,- "'-"' --- MEMORANDUM SEP-3' To: Kim Johnson, Planning Office Project Engineer ~ 1 From: Rob Thomson, Date: Re: Lone pine Subdivision Plat Amendment Attached is documentation for your files that the applicant has satisfied my comment number two of my July 29, 1991 memo to you for the above referenced. I have telephoned Jane Ellen Hamilton at Garfield and Hecht to let her know. cc Lone pine Subdivision - File rt/mem091.66 "..... - GAlRfllElLD lie HECHT, r.c. RONALD GARFIELD' ANDREW V. HECHT.... ROBERT E, KENDIG MICHAEL J. HERRON"''''''' AlTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (303) 925-1936 TELECOP/ER (303) 925-3008 JANE ELLEN HAMILTON CATHERINE H. McMAHON"'''''- ..lsoadmillCdlo New York Bar Ualsoadminedlo DiSlrictofColumbia Bar ".also admined to Ronda Bar ....alsoadmilledto Illinois Bar AUG 2 8 1991 CITY ENGINEER HAND DELIVERED Rob Thompson city of Aspen Engineering Dept. 130 South Galena Aspen, CO 81611 Re: Lone pine Subdivision Plat Amendment Dear Rob: Enclosed for your review is a letter from Jay W. Hammond, P.E., of Schmueser Gordon Meyer, Inc. setting forth the results of his site visit to the Lone pine Condominiums with reference to your concerns set forth in your memo to Kim Johnson dated July 29, 1991. In that memo you indicated your concern that the proposed development at the Lone pine Condominiums might change the historic runoff for storm water. Your memorandum requires that the applicant demonstrate to you that the on-site drainage is sufficient. I believe that Jay's letter will indicate that he does not find any site drainage problems will arise by virtue of the propoaedexpansion of Lone pine Unit lC. If you have any questions regarding this issue, please call either Jay Hammond, whose phone number is listed on his letter, or the applicant's architect, Tom Landless, at 963-1617. Either or both of them are available to meet with you at your convenience to discuss this matter further, if necessary. If Jay's letter satisfies your concerns regarding the proposed development, we would appreciate receiving a telephone call from you to this effect prior to the next city Council meeting. Sincerely, GARFIELD & HECHT, P.C. ~~too JEH/bc Enclosure cc: Buck Olmstead (w/enc.) Tom Landless (w/enc.) ... SCHMUESE~ON MEYER INC. ....<"'<), Box 2155 _pen, Colorado 81612 (303) 925-6727 Fax (303) 925-4157 August 23, 1991 CONSUL TlNG ENGINEERS & SURVEYORS RE: Lone Pine Condominium, Unit 1 C Drainaoe p~('~NEO \ ~\}G '- G \99\ . ,~,-.('...~:.~~R ,. Mr. Tom Landless, AlA 485 Valley Road Carbondale, CO, 81623 ;.....' Dear Tom: I am writing in follow-up to our site meeting today regarding a proposed addition to unit 1 C of the Lone Pine Condominium and whether site drainage would be impacted by the proposal. Based on our meeting at the site and a review of the proposed addition plan, I observe that 76 square feet of existing concrete slab will be removed and replaced with lawn or landscaping, The addition itself represents 90 square feet of new structure but is located over an existing patio slab and therefore represents no new impervious area. Based on these observations, and your indications that the owner intends no significant modifications to the small berm adjacent to the patio which would serve to direct runoff down the slope to the south, I do certify that the proposed remodel will not result in any detrimental modification of historic drainage patterns, I hope this will provide adequate response regarding drainage impacts associated with the Lone Pine Condominium Unit 1 C remodel. Feel free to contact me if I may provide further information or support these comments in any meetings with City of Aspen staff, Respectfully Submitted, SCHMUE:3ER GORDON MEYER INC, IJJ~ ~ y ,Hammond, P.E. Principal, Aspen Office JH/jh LPC1 C 1001 Grand Avenue, Suite 2-E . Glenwood Springs, Colorado 81601 . (303) 945-1004 ,.-... ~ " ',- MESSAGE DISPLAY TO Kim Johnson From: Bill Drueding Postmark: 2:24 PM Status: Certified Previously read Subject: Reply to: Lone pine application ------------------------------------------------------------------------------ Reply text: From Bill Drueding: We define a bedroom as a room used for sleeping and in the configuration of containing a cloths closet and or a full bath. it also has to have a separate door and the proper egress windows as required by the uniform building code. It does not matter what you call the room or your intentioal use. If the room fits the above, it ia a bedroom. Preceding message: From Kim Johnson: I requested referral comments from you regarding this proposal to add a "den/tv room". Since the potential is there to use this as a bedroom (with no corresponding increase in parking on the site, please forward a statement reiterating the parking requirement and the use of that room, for the record. Thanks for your quick reply as I am working on the memo for Diane's review tomorrow. -------========x========------- ~1 lAND USE J\PPLICATIOO F(JIM 1) r'-. PrOject Name Lone ~ Townhome Condominiums - '''~ 2) Prcdect Location aprorn;n~ ~o P1Rt Rook 7 Rt Page nO (irdicate street ad}ress, lot & block nlmDer, legal descriptial101here awrcPriate) '3) Pi. =- ~, Zarin:.J RMF-A 4) Lot size 2.22 ac. 5) lIpplicant's Name, JIdjress & Ib:>ne' Lone Pine Townhome Condominium Association, Inc. and Zuhair Fayez, c/o representative 6) Representative's Name, JIdjress & Ibcne , Jane Ellen Hamilton, Garfield & Hecht, P,C., 601 E. Hyman Avenue, Aspen, CO 81611 7) Type of 19:>licatial (please dleck all that awly): O:Dliticnal Use eonoeptual SPA Final SPA eonoeptual Historic Dev_ _8040GIeenline _ stream Maigin eonoeptual roo Final roo Final Historic Dev. ----:. MiOOr Historic Dev~ Historic D2m:llitial ~ -Spec'''' Review , _ }hmtai.n V. iew Plane .-.JL SUbdivisial Amendment Historic ~ignatial Carlaniniumization TextjHap ~ Gl'Q> Allobnent Gl'Q> ExEnptim Lot Split:;Wt Line J\djll>>L-:..t 8) Descriptial of ar.praximate sq. property) . ,- 'EXiStinJ Uses (ruin'", am. ~ ft~; pmhPl:" of bedLUUJ6; any ,previous of existinJ stnx;tures; awrovalS graJ'rt:.ed to the ~welve (12) Free Market condominiums; 3BR-3BA each of varying square footage; previously granted subdivision exemption approval_by Pitkin County 9) Descripti.cn of DeIlel~Jt lIpplicatial Amendment to subdivision development order 7-1006 for enclosure of bedroom decks and expansion of Unit C-1 10) Have you attadled the followiDj? _ F ~. .lSe to Att:actJment 2, MiniDua ~""',~",ial Qntents F ~ ~ <ll~ to Att:actJment 3, "l-"iFic 51.....' -icn Qntents - A .-;I,se to At;tad1ment 4, Review stamards for Yoor lIpplicatial ,.._.1 .",""", Attachment "D" MEMORANDUM Ju\ 3 \ To: Kim Johnson, Planning Office From: Rob Thomson, Project Engineer RS'f Date: Re: Lone pine Subdivision Plat Amendment After reviewing the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. The applicant must furnish an amended condominium map that meets the requirements of section 24-7.1004.2.1-12. Due to possible design changes the plat must reflect an as-built condition and be recorded prior to final inspection. 2. It appears that the proposed development will change the historic run-off for storm water. Per section 24-7-1004C.4.f of the municipal code, all but historical drainage must be maintained on site. The applicant must demonstrate to the engineering department that the drywells are sufficient to accommodate drainage on site by providing calculations from an engineer registered in the state of Colorado. We also need the engineer to comment on the functional aspects of the facility in order to determine that it can be cleaned for continual, proper performance. 3. The applicant must agree to join a Special Improvement District if one is ever formed for the purpose of constructing improvements in the public right-of-way. This must be shown on the plat. 4. If planning and/or zoning reclassify or consider the den/tv room as a bedroom the applicant must provide an additional parking space. 5. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights-of-way from city streets department (920-5130). cc: Chuck Roth, City Engineer rt/mem091. 56 .......,,, ,.." '.- EXHIBIT. 11 .. 4/2/91 Lone Pine Condominiums Floor Area Ratio Calculations For Free Market Units Lot Area: Lot 2 Common Common Common Total 1.50 ac .41 ac .07ac ,14 ac 2.22 ac (96703 sf ) Floor Area Ratio ( FAR ): ,36: 1 Allowable Building Square Footage: .36 x 96703 sf = 34813 sf Existing Building Square Footage: Building C: Unit C 1- First Floor, plate height of 10 ft. or less 586 plate height of 11 ft' 592 x 1 .05 = 622 plate height of 13.5 ft. 39 x 1,175 = 46 plate height of 17.2 ft. 84 x 1.36 = 114 Sub-total Second Floor, plate height of 10 ft. or less 283 plate height of 12 ft. 121 x 1.21 = 133 plate height of 15 ft. 63 x 1.25 = 79 , Sub-total Storage Total Unit C 2- ( also units 0 7, E 1 ) First Floor, plate height of 10ft. or less 490 plate height of 11 ft. 489 x 1.05 = 513 Sub-total Second Floor, plate height of 10ft. or less 698 plate height of 11 ft. 125 x 1.05 = 131 plate height of 13,5 It. 55 x 1.175 = 65 Sub-total Storage Total Attachment "E" 1368 495 77 1940 1003 894 90 1987 ,'~ ..-. Building 0 Unit 0 1- ( also unit D 2 ) First floor, same as unit C 2 Second Floor, same as unit C 2 Storage Total 1003 894 49 1946 Unit 0 3- (also units D 4,5,6,& E 2,3 ) First Floor, same as unit C 2 Second Floor, same as unit C 2 Storage Total 1003 894 67 1964 Building F 862 Total: Building C- Building D- Unit C 1- Unit C 2- Unit D 1- UnitD3- 1940 1987 x 3 = 5961 1946 x 2 = 3892 1964x6=11784 862 24439 BuildinQ F. Approved additional square footage: ~sf per unit for 12 units = ~,'f '" lie Garages: Square footage is less than 500 square feet per unit and is therefore exempt from FAR. calculations, per meeting with Planning Office on 4/2191. Total existing F.A.R. ( and pre approved additions ). ~ Z~€>S's Prepared by Thomas Landless A.I.A, for Fayez Properties, Boulder CO, RIVER BLUFF TOWNHOME ASSOCIATION 0155 Lone Pine Road Aspen, CO 81611 August 5,1996 Mr. David Michelson Aspen pI"nning Department 130 South Galena Street Aspen, CO 81611 Re: Renewal of Ordinance #34 Series 1991 Aspen, Colorado Dear Mr. Michelson: On September 9, 1991 the Planning Commission and the City Council of the City of Aspen approved our request to enclose the second floor deck areas of each of our twelve (12) townhouse units in order to prevent certain leaking problems that have continued to cause serious water damage at our complex. This approval right was vested to us for a period of three (3) years from the date of final adoption, September 9, 1991. It would appear that the time period for this approval right has lapsed with various Homeowners still wishing to make this second floor modification to their units. 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", ,\ ,": " ,,87.0 , "'4' " . -, " ........ -"." ,,"" ...... ...... ............ r~' l ---------""/ !,. ~ - " " '. ;, l'\, \'> '.' \' n' " .\' , " " " ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 00125 00123 00115 County 00113 00125 00123 00113 -63250,134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: -63340-205 -63340-190 -63340-163 -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 REFERRAL FEES: -63340-205 -63340-190 -63360-143 PLANNING OFFICE SALES 00113 -63080-122 -63090-123 -63140-124 -69000-145 GMPICONCEPTUAL GMPIFINAL SUB/CONCEPTUAL SU B/FI NAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS! CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLlCATIONSI CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP, PLAN COPY FEES OTHER ,8o,CC y() - 00 SUBTOTAL TOTAL ::hog 10 Name: 2,-,""''''';''''' ';-\, ~'3 Phone: Address: ,-- ""-- .;l ~ S,.\--. Project: ~-"rl>.l>~ C C> "Xbd::,3~::"\- Check # \ \ \...0 '-= Date: 4'4-",- 6"'\O~ \ ~ (7,......... sb> ~, '-.,,1d4.-(c, \ (,.., Additional billing: #ofHours: