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HomeMy WebLinkAboutLand Use Case.675 S Alps Rd.0105.2005.ASLU THE CITY 4F ASPEN City of Aspen Community Development Department CASE NUMBER 0105.2005.ASLU PARCEL ID NUMBER 2737-182-56-001 PROJECT ADDRESS Lot 2 Moses, Lot Split PLANNER Ben Gagnon CASE DESCRIPTION 8040 Greenline REPRESENTATIVE Stan Clauson DATE OF FINAL ACTION 5/28/06 CLOSED BY Amy DeVault ~.w.... ~~. ,, DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Little Nell House 2 LLC 1444 Lower River Road, Snowmass, CO, 81654 Property Owner's Name, Mailing Address and telephone number Parcel ID # 273718256001, Lot 2 Moses Lot Split 900 S. Alps Road Road. Legal Description and Street Address of Subject Property The development of a single family home not to exceed 5 000 square feet at 900 S. Alps Road, including a prescribed building_envelope and home desi ng_pursuant to 8040 Greenline Review. Written Description of the Site Specific Plan and/or Attachment Describing Plan CitYof Aspen Planning and Zoning_Commission approval of 8040 Greenline Review on May 16, 2006 Resolution No 017 Series of 2006 pursuant to Section 26 435.030(c) 1-11; and two variances from Residential Design administrative approval on May 17 2006 pursuant to Section 26.410.020(D)1(a). Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) MaY28 2006 Effective Date of Development Order (Same as date of publication of notice of approval.) ~,.,~, May 28, 2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 17th day of May, 2006, by the City of Aspen Community Development Deputy Director. sl~~lo~ Allgaier, Community Development Deputy Director MEMORANDUM TO: Joyce Allgaier, Community Development Deputy Director FROM: Ben Gagnon, Special Projects Planner RE: Lot 2, Moses Lot Split, variances from Residential Design Standards DATE: May 17, 2006 SUMMARY: Little Nell House 2, LLC, represented by Stan Clauson Associates, is requesting two variances from Residential Design Standards for-Lot 2, Moses Lot Split, at 900 S. Alps Road, to allow asingle-family home of no more than 5,000 square feet. The Planning and Zoning Commission approved an 8040 Greenline review for said property by a vote of 5-0 on May 16, 2006, Resolution No. 017, Series of 2006. APPLICANT: Little Nell House 2, LLC, represented by Stan Clauson Associates LOCATION: 900 S. Alps Road. ZONING: R-15 PUD ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings REVIEW PROCEDURE: Variances from Residential Design Standards may be approved by the Community Development Director, pursuant to Land Use Code Section 26.410.020(D)1(a). RECOMMENDATION: Staff recommends the Community Development Director approve two variances from Residential Design Standards to allow the development of asingle-family home at 900 S. Alps Road. APPROVAL: I hereby approve two variances from Residential Design Standards to build asingle- family home at 900 S. Alps Road, finding that the review criteria have been met. ~,! date ~J « 0 ~ Joy Allgaier, Community Development Depu Director ,~.,~. Exhibit A Review Criteria ~ Staff Findings Variance from Residential Design Standards 26.410.020 (D) 1(a) Administrative Variances D. Variances. 1. Administrative Variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted. Staff Finding: Staff finds that this request meets the criteria for administrative variances from Residential Design Standard 26.410.040(A)1 Building Orientation; and 26.410.040(B)1 Secondary Mass. The proposal is for asingle-family home not to exceed 5,000 square feet at the end of S. Alps Road. The property is located at the very edge of the Aspen Infill Area and is subject to 8040 Greenline Review. If the applicant complied with Residential Design Standard 26.410.040(A)1 Building Orientation, the development proposal .would tend to violate the criteria for 8040 Greenline Review, specifically the criteria regarding the placement of the structure so as to preserve the mountain as a scenic resource [Section 26.435.030(c)6J. If the applicant complied with Residential Design Standard 26.410.040(B)1 Secondary Mass, the development proposal would tend to violate the criteria for 8040 Greenline Review, specifically the criteria intended to minimize the height and bulk of the structure and to blend the structure into the open character of the mountain [Section 26.435.030(c)7]. rte,:, `, MEMORANDUM TO: FROM: THROUGH: RE: DATE: Planning a~drZoning Commission Ben Gagnon~Special Projects Planner ~c Joyce A1lgaier, eputy Director, Community Development 8040 Greenline Review: Lot 2, Moses Lot Split Public Hearing, Resolution No.~~~eries of 2006 May 16, 2006 - SUMMARY: Stan Clauson Associates Inc., representing Little Nell House 2, LLC, owner of a 1.02-acre parcel known as Lot 2, Moses Lot Split, located on S. Alps Road, is requesting approval of an 8040 Greenline from the Planning and Zoning Commission for the purpose ofbuilding asingle-family home. RECOMMENDATION: Staff has reviewed this proposal and recommends that the Planning and Zoning Commission find that the project complies with .the 8040 Greenline Review Standards, pursuant to Section 26.435.030(C)1-11 HISTORY: In 1987, the City Council approved a rezoning from Conservation to R-15 (PiJD) for the Moses property, located just south of the Aspen Alps 700. Building, and just to the east of the Silver Queen gondola. The Council also approved a subdivision exception known as the Moses Lot Split, establishing Lot 1 and Lot 2 - including a 3,800 square foot floor area cap on Lot 2. (Ordinance No. '6, Series of 1987.) -~ In 1992, the City Council approved a subdivision of Lot 2, eliminated the 3.,800 square foot cap and granted permanent vesting fora 5,000 square foot residence on Lot 2, in+ exchange for a voluntary prohibition on future development on approximately three acres of nearby open space and existing tennis courts, identified as Lot 2A and Lot 2B. (Ordinance No. 31, Series of 1992.) Also in 1992, the Planning and Zoning Commission approved an 8040 Greenline for Lot 2 (Resolution No. 6 - 92). However, the new owner would like to change the design of the home and amend the building envelope, requiring an additional 8040 Greenline review. ® , APPLICANT: Little Nell House 2, LLC, represented by Stan Clauson Associates. LOCATION: Lot 2, Moses Lot Split, S. Alps Road (1.02 acres). ZONING: R-15/PUD REVIEW PROCEDURE: No development .shall be permitted at, or above, or one hundred fifty (150) feet below the. 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with the requirements established pursuant to Section 26.435.030 (C) 1-11.. In order to comply-with 804~Greenline Review Standards, staff is recommending the issuance of two administrative variances rom Residential Design Standards [Section 26.410.040(A,B)] to allow t e applicant to forego the requirements for secondary massing and building orientation. These requirements were intended to apply to residential neighborhoods in the Infill Area, and while this site is technically in the Infill Area, it is at the very periphery. In addition, if the secondary massing and building orientation standards were followed, the new residence would have a greater visual impact and would tend to conflict with the 8040 Greenline Review Standards that encourage homes to blend into the mountain and preserve the mountain as a scenic resource. (Please see Exhibit A " for more detail on the staff finding for Section 26.435.030 (C) 7.) ~"' ~i .~ - . °~ KEY ISSUES: This section summarizes staff findings on a number of key issues. Please see . Exhibit A: Staff Findings for more detailed information. rr . ,~ ~~..~.w .h~~ rOY.. .:, ~;. `,' .~ j I -~,~ •-• ^. Jai. C~~~;r r: ~ ~~~ Under 8040 Greenline review; several, c'nte~a• 'relate to whether th~~ne~ ~~siderice is compatible with the surrounding terrain, and whether it blends into the `~ ~~',,.. ~ mountain and preserves the mountain as a scenic resource. ,Staff believes the , ~,~~, proposed residence, to be located on an existing bench at the toe of a slope, is compatible with the surrounding terrain. The applicant has provided a scale model that will be available at the hearing to allow the Planning and Zoning Commission to evaluate these criteria. Due to the steep slope descending in front of the new residence and the proposed location of the residence against the toe of the slope above, it will not be visible Cyr*~-, from the neighborhoods below, including from. Highway 82. It may be visible '~~~t`<~` from greater distances, but would be a very small feature. Other criteria under the 8040 Greenline Review refer to minimizing the disturbance of vegetation, site grading, and cuts to the mountain, while addressing ~,,°..,, ,«~ soil stability, mud flow, rock fall, and preventing soil erosion or .adverse effects on the natural watershed. The building envelope approved in 1992 is on a bench just to the -south of the Aspen Alps 700 Building. The current proposal would reduce the building envelope at the north edge of the bench by 710 square feet, creating a larger buffer between the future residence and the Aspen Alps 700 Building, maintaining existing vegetation in this area and returning some of this area to natural contours. The current proposal would add 922 square feet to the building envelope on the south side of the bench, locating the new residence closer to the existing home on Lot 1, which is in common ownership with Lot 2. The rest of the Lot 2 property consists of steep slopes extending above the bench to the west, toward the Silver Queen Gondola, and in front of the bench; to the east, and descending in the direction of Ute Avenue. The development plan consists of a very minimal cut into the toe of the slope -~- i rising behind the building envelope, where the rear wall of the residence would be ~"~ ~ located. Abalcony/patio would extend from the second floor in the rear of the ~~~~ house, resting on the natural grade at the base of the slope. Regarding the protection of vegetation and the control of run-off, there are several conditions in proposed Resolution No. ~~, 2006, that require the applicant to submit a Site Grading Plan, an Excavatidn Stabilization Plan, a Drainage and Erosion Control Plan and Report for review and approval of the City Engineer, and a detailed Landscaping Plan, tree permit and drip line permit for review and approval by the Parks Department. (Please see Resolution No. _ 2006, Section Regarding soil stability and geological conditions, two separate reports state that concerns can be mitigated with properly engineered structures. As a condition of the Planning and Zoning Commission's existing 8040 Greenline approval in Resolution No. 6-92, the Commission required the applicant to address soil and geological .issues identified in a letter from ~ consulting geologist Nicholas Lampiris as part of the building permit submittal. As part of the current application, the applicant has submitted a soils and foundation report by CTL/Thompson. Both the Lampiris letter and CTL/Thompson report state that soil and geological issues can be mitigated. A condition of Resolution No. _, 2006, requires the applicant to address the recommendations for engineered structures outlined in both the Lampiris letter and CTL/Thompson report to the satisfaction of the City Engineer, as part of the building permit submittal. (Please see Resolution No. _, 2006, Section 1 (8) f, g.) Community Development Department Engineer Alex Evonitz has conducted a site visit and believes the soil and geological conditions can be mitigated. .. RECOMMENDED MOTION: "I move to approve Resolution No. _, Series of 2006, approving an 8040 Greenline for Lot 2, Moses Lot Split., with conditions, finding that the review criteria for the application have been met." ATTACHMENTS: Exhibit A: Staff Findings - 8040 Greenline, Standards of Review Exhibit B: Resolution No. 6 - 92 Exhibit C: Letter from consulting geologist Nicholas Lampiris Exhibit D: CTL/Thompson Soil and Foundation Report Exhibit E: Land use application [Includes Ordinance No.6, Series of 1987, and Ordinance No. 31, Series of 1992.] ,,,,,. ~~t~ ~<. RESOLUTION N0. (~ ~ (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR ASINGLE- FAMILYRESIDENCE ON LOT 2, MOSES LOT SPLIT, CITY OF ASPEN, PITHIN COUNTY, COLORADO. Parcel No. 273718256001 WHEREAS, the Community Development Department received an application from Little Nell House 2, LLC, represented by Stan Clauson Associates, Inc., requesting approval of an 8040 Greenline Review to construct a new single-family residence on Lot 2, Moses Lot Split; and, WHEREAS, the subject property is approximately 1.02 acres and is located in the R-15 (PUD) Zone District; an3, WHEREAS, the proposed development is located at an elevation of approximately 8,080 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020; Environmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at, or above, or within 150 feet below the 8040 Greenline in conformance with the review criteria established in Land Use Code Section 26.435.030(C), 8040 Greenline Review; and, WHEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review; and, WHEREAS, during a duly noticed public hearing on May 2, 2006, the Planning and Zoning Commission approved with conditions, by a vote, the Lot 2, Moses Lot Split 8040 Greenline Review; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Lot 2, Moses Lot Split 8040 Greenline Review to construct a new single-family residence on Parcel 7, of the Top of Mill Subdivision is hereby approved with the following conditions: 1. A final plat and subdivision agreement shall be filed within 180 days of final land use approval by the Planning and Zoning Commission. A final plat shall be reviewed and approved by the Engineering and Community Development Departments. 2. The final plat shall depict the following: a) The tennis. courts (Lot 2B) and land on Lot 2, Moses Lot Split that was conveyed to the Aspen Alps Condominium Association (Lot 2a) b) Notes shall refer to Deed ,Book ,Page ,indicating the restrictions against any further development on Lots 2A and 2B, or additional lot area for floor area, bedrooms and density purposes on existing Alps buildings for the tennis courts lot and land conveyed by the owner of Lot 2, Moses Lot Split. c) The access onto Lot 1, Moses Lot Split. d) An easement indicating Lot 2 access off o~Aspen Alps South Road. e) No parking along Aspen Alps South Road unless approved by the Fire Marshal. f) All improvements on the site including the entire length of the actual access road and the revised access. easement including the roadway surface. g) A statement by the surveyor, either in a surveyor's certificate or in a general note, that all easements of records as indicated on Title Policy No. ,dated have been shown on the plat. h) In the event that the applicant obtains title to the USFS Tract as depicted on the plat, they shall deed restrict said tract against all development. Said deed restriction shall be in -favor and for the benefit of the City of Aspen and shall be approved by the City Attorney. i) A note stating that no additional floor area shall be granted due to the increase in lot size of the Mitchell parcel. 3. The allowable floor area of the new single family home shall be no greater than 5,000 square feet. The maximum height shall be 25 feet. 4. No further development shall occur on Lot 2, Moses Lot Split outside of the approved building envelope. 5. All the required parking shall be provided on-site. There shall be no parking on Aspen Alps Road. 6. Prior to obtaining a building permit, the applicant shall provide a housing mitigation fee pursuant to Section 26.470.040 (B)1. 7. An approved tree permit from the Parks Department will be required before any demolition or significant property changes take place. The tree permit must be approved prior to submission of the building permit. Mitigation for removals ~j~ will be p~id cash in lieu or on si e. Any excavation. under the drip line permit C `~' ~ ~~~~~^ will need to be approved along with the tree permit. f'~, ~ti ~ "'~''"` ~ ~' J 8. The building permit application shall include the following: '~v`~'J~-'~ `"~ L'~ ~~' "S ~ a) A copy of the final P&Z Resolution. ~~ ~ ~ ' ~° ~ b) The. conditions of approval printed on the cover page of the building permit set. ,~ _ L` -~~ \ r` ) e,~ ~\4`R e: c) An Excavation Stabilization Plan that will show the extent of the excavation, the location of constriction fences around the excavation, erosion control. measures, spot elevations at the top and bottom of cuts, and site-specific construction drawings of the the excavation and stabilization measures. The Excavation Stabilization Plan must be stamped by a Colorado Professional Engineer. For all excavation, the Contractor must comply with neighbor notification requirements stated in Section 3307 of the 2003 International Building Code. d) A Site Grading Plan stamped by a Colorado Professional Engineer, to ensure that the grading plan agrees with the drainage plan. Plans must demonstrate positive drainage away from structures as required by the Building Code (IRC - R401.3 and IBC -1805.3.4). e) A .Drainage and Erosion Control Plan .and. Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standards. IBC Section 3307.1 requires that provisions be made to control erosion. The City requires a plan that shows the location of erosion control measures, drainage patterns, and details of erosion control structures. The plan must include notes that describe how erosion control measures will be regularly maintained. The erosion control plan must show the location of mud racks, the location of water for washing tires and the retention of the wash water. f) A letter from a registered professional engineer addressing the applicable geotechnical concerns of the letter by consulting geologist Nicholas Lampiris submitted as Exhibit C, and referenced in Condition 2 of the Planning Zoning Commission Resolution No. 92-6. This letter shall be accepted by the City Engineer. g) The soils and foundation report submitted as part of the land use application, from CTL/Thompson, shall be reviewed and accepted by the City Engineer. h) A detailed landscaping plan for approval by the City of Aspen Parks Department. The landscaping plan shall include but not be limited to, the following: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the ~ tree protection will be required for the ,y ~~~ ~~ 11. ~ S`~ i ' ~~~ i ~~ ~, ,~ Sr,.---~ _ ~~ `~ ~l~" ~~~ ~ 1 ;, `" building permit set. No excavation, storage of materials, storage" of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence.. Root trenching will be required around all trees with excavation next to and/or under the drip line. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. A vegetation fence shall be installed along the edge of disturbance on the hillside. This protection fence must be maintained at all times; storage of materials, project access, construction foot traffic is prohibited beyond this fence. Restoration of the area along the fence line will be of native quality and approved by the Parks Department. Supplemental planting in the native area is prohibited unless first approved. Utility connections shall be designed on the plan in a manner that does not encroach into the tree protection zones: i) The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Marshal will be installed.. A fire alarm system meeting the requirements of -the Fire Marshal may also need to be installed at the discretion of the Aspen Fire Marshal. j) A wildfire mitigation plan shall be submitted. This plan shall be accepted by the Fire Marshall. k) A ,completed tap permit for service with the Aspen Consolidated Sanitation District. 1) A construction management plan that details the proposed method and means by which the site will be accessed with excavation and grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be parked in the area around the site. m) A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. n) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. ,~_ .. ~~, 9. The applicant shall comply with all applicable city regulations addressing wood burning devices in the new residential unit. 10. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. All exterior lighting shall meet the .City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. - Section 2• The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice .advising the general public of the approval of a site specific development plan and creation of a vested. property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 2, Moses Lot Split, by Resolution No. _, Series of 2006, of the Aspen. Planning and Zoning Commission. Section 3 All material representations and .commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or .proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. C ~"^*~ Section 5• If any section, subsection, sentence, clause, .phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 2nd day of May, 2006. APPROVED AS TO FORM: - PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jasmine Tygre, Chair Jackie Lothian, Deputy City Clerk ~~ Exhibit A Review Criteria & Staff Findings 8040 Greenline Review Standards 26.435.030 (c) 1-11 No development shall be permitted at, or above, or one hundred fifty (150) feet below the 8040 geenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all the requirements set forth below. 1) The parcel on which the proposed development is to be located is suitable for development considering its slope, gro~rnd stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from to a location acceptable to the city. Staff Finding: This parcel is on a bench, with a steep slope to the west and a steep slope to the east. As a condition of the Planning and Zoning Commission's existing 8040 Greenline approval in Resolution No. 6-92, the Planning and Zoning Commission required the applicant to address soil and geological concerns addressed in a letter from consulting geologist Nicholas Lampiris. As part of the current application, the applicant has submitted a soils and geological report by CTL/Thompson. Both the Lampiris letter and CTL/Thompson report state that soil stability. and geological issues can be mitigated. A condition of Resolution No. _, 2006, requires the applicant to address soil and geological concerns and recommendations regarding engineered structures outlined in the Lampiris letter and CTL/Thompson report to the satisfaction of the City Engineer, as part of the building permit submittal. Staff finds that the proposal meets this requirement. 2) The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent affects. on water pollution. Staff Finding: The building envelope is located on an existing bench, with a very minimal cut to the toe of the slope. A condition of Resolution No. , 2006, requires the applicant to submit an Excavation Stabilization Plan, a Site Grading Plan and a Drainage and Erosion Control Plan and Report, to be reviewed and accepted by the City Engineer. Staff finds the proposal meets this requirement. 3) The proposed development does not have a significant adverse affect on the air quality in the city. Staff Finding: This proposal is for asingle-family residence and does not have a significant adverse effect on air quality in the city. Staff finds that the proposal meets this requirement. 4) The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Staff Finding: The building envelope is located on .an existing bench with a very minimal cut to the toe of the slope. The existing S. Alps Road serves•this development site. Staff finds that the proposal meets this requirement. S)Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. Staff Finding: The proposal includes an amended building envelope which will minimize disturbance to the terrain, vegetation and natural land features.. The amended building envelope shifts the development site slightly to the south, allowing the retention of existing trees on the north side of the site, between the proposed parking area and S. Alps Road, and maintaining a buffer between the site and the neighboring Aspen Alps 700 Building. Applicant also proposes to restore natural contours at the north edge of the site. At the southwest edge of the proposed building envelope, there will be a very minimal cut into the toe of the slope. A condition of Resolution No. , 2006, requires the applicant to submit an Excavation. Stabilization Plan, a Site Grading Plan and a Drainage and Erosion Control Plan and Report, to be reviewed a11d accepted by the City Engineer. A condition of Resolution No. _, 2006, also requires the applicant to submit a detailed landscaping plan for approval of the Parks Department, and to obtain a tree permit. Staff finds the proposal meets this requirement. 6) The placement and clustering of structures will minimize -the need for roads, limit cutting and grading, maintain open space and preserve the mountain as scenic resource. Staff Finding: The amended building envelope and placement of the structure and parking area require a very minimal new connection to the existing S. Alps Road, which is directly adjacent to the .property. The amended building envelope shifts the development site slightly to the south, allowing the retention of existing trees on the north side of the site, between the proposed parking area and S. Alps Road, and maintaining a buffer between the site and the. neighboring Aspen Alps 700 Building. Applicant also proposes to restore natural contours at the north edge of the site. At the southwest edge of the proposed building envelope, there will be a very minimal cut into the toe of the slope. Due to the steep slope descending in front of the new residence and the proposed location of the residence against the toe of the slope above, it will not be visible from the neighborhoods below, including from Highway 82. It may be visible from greater distances, but would be a very small feature, thereby preserving the mountain as a scenic resource. In addition, the subdivision exception recommended by the Planning and Zoning Commission and approved by City Council in 1992 included the applicant's voluntary prohibition- on development on approximately three acres of open space in the immediate vicinity. It was ~., .~ this preservation of open space that convinced the Commission and Council in 1992 to eliminate the existing 3,800 square foot cap on a future home on Lot 2, and allow a 5,000 square foot home. Staff finds the proposal meets this requirement. 7) Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Staff Finding: The proposed residence would be recessed from the east edge of the bench and tucked into the -toe of the slope. The. steep slope in front of the bench means this home will not be visible from the neighborhoods below. Although this is a large residence of 5,000 square feet, the size of the home was allowed in exchange for the preservation of approximately three acres of open space in the immediate vicinity. The applicant has amended the building envelope to retain a vegetative buffer at the north edge of the bench, and has designed a compact residence to minimize visual impacts. In order to comply with 8040 Greenline Review Standards, staff is recommending the issuance of two administrative variances from Residential Design Standards [Section 26.410.040(A,B)] to allow the applicant to forego the requirements for secondary massing and building orientation. These requirements were intended to apply to residential neighborhoods in the Infill Area, and while this site is technically in the Infill Area, it is at the very periphery. In addition, if the secondary massing and building orientation standards were followed, the new residence would have a greater visual impact and would tend to conflict with the 8040 Greenline Review Standards that encourage homes to blend into the mountain and preserve the mountain as a scenic resource. Staff finds the proposal meets this requirement. 8)Sufficient water pressure and other utilities are available to service the proposed development. Staff Finding: There are existing water and sewer lines under S. Alps Road that will be used to serve this new residence. Officials with the City of Aspen Water Department and the Aspen Consolidated Sanitation District attended the Development Review Committee meeting regarding this proposed development and did not identify any issues to be addressed. Staff finds the proposal meets this requirement. 9) Adequate roads are available to serve the proposed development, and said roads can be properly maintained. Staff Finding: The existing Aspen Alps Road serves the proposed development, and can be properly maintained. Staff finds that this proposal complies with the criterion. C 10) Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. Staff Finding: The existing Aspen Alps Road serves the proposed development, and ensures adequate access for fire protection and snow removal equipment. Staff finds that this proposal complies with the criterion. 11) The recommendations of the Aspen Area Community Plan: Parks/Recreation/Trails Plan are implemented in the proposed development, to the greatest extent practical. Staff Finding: There are no trails through the subject property. Staff finds the. proposal meets this requirement. ..,~, ~, t #E•~5 i~1~ 1~/18/9~ 14: 2:~ Rec X45, c_~f;: 698 F'G 146 ~( , Silvia Davis, F'itE::in Cnty Cler•E::, Doc ~.Oc~ ~ /~~`'~( ~,,,.. °~~„ RESOLUTION OF T E ASPEN PLANNING AND ZONING COMMISSION APPROVING 8040 GREENLINE AND RECOMMENDING TO THE ASPEN CITY COIINCIL SIIBDIVISION APPROVAL •' FOR LOT 2 OF THE MOSES LOT SPLIT, ASPEN ALPS S7UTH ROAD, ASPEN COLORADO Resolution No. 92-~ WHEREAS, a•duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on April 7, 1992 to consider the 8040 Greenline and Subdivision application for Lot 2 of the Moses Lot Split; and WHEREAS, the applicant proposed to demolish an existing home on Lot 2 and redevelop a single family residence and WHEREAS, a 1987 Lot Split created.Moses Lots 1 & 2 with a condition upon the size of the home not to exceed 3,800 square feet of allowable floor area; and WHEREAS, the applicant proposed to increase the size of Lot 2 to encompass the open land area between four of the Aspen Alps buildings, the Mitchell House and the Aspen Alps tennis courts; and WHEREAS, the applicant proposed to retain enough land area required for a 5,000 square foot home in the R-15 Zone District and convey the rest of the land area (approximately 3 acres) to the Aspen Alps to be deeded against .further development; and WHEREAS, in exchange for .conveying the open space to the Aspen Alps and deeding it against further development, the applicant has requested an increase in the limited floor area of Lot 2 up to 5,000 square feet of allowable floor area; and WHEREAS, the reconfiguration of Lot 2 and the conveyance of the. rest of the parcel to the Aspen Alps requires subdivision review; and WHEREAS, the development of the new home is above the 8040 elevation thus requiring 8040 Greenline review; and WHEREAS, the Commission reviewed the 8040 Greenline for .the new single family residence; and NOW, THEREFORE BE IT FINALLY RESOLVED by the Commission that it does hereby approve the 8040 Greenline for a new single family residence with the following conditions: 1. The allowable floor area of the new single family home shall be no greater than 5,000 sq. ft. The height shall be 25 feet. ~~. 2. Prior to final building inspection, the applicant shall provide a letter from a registered professional engineer that all '`~ applicable geotechnical concerns of the Lampiris letter sub:~itted ----- •_5~c_~13 1~/18/9~ 14: ~~ ~,ec ~4~UU bF': r Silvia Davis, Ritk:in Cnty Clerk: ~~ F6 147 Doc ~.UU .with the application have been complied with during construction. .''~` T~is letter shall be accepted by the City Engineer. ~"- 3. The development .shall meet on-site drainage retention requirements of Section 24-7-1004.C.4.f. 4. The applicant shall comply with all applicable City regulations addressing wood burning devices in the. new residential unit. 5. All requirements for the R-15 (PUD) zone district shall apply. 6. All the required parking shall be provided on-site. 7. The applicant shall provide a housing mitigation fee pursuant to Ordinance 1, Series of 1990, for the demolition and redevelopment of the single-family home. • _. 8. No 'further development shall occur on Lot 2 Moses Lot Split outside of this approved building envelope. 9. No vegetation shall be removed from the slope except as required by conditions 13 and 14. 10. Tree removal permits shall be required for those trees over 6" in caliper that are removed. Pursuant to representations made by the applicant 16 trees shall be preserved which include all of the Spruce trees. The applicant shall replace the seven Aspen ~~ trees which must be removed. 11. Any construction activities contemplated within the drip line of any trees greater than 6" in diameter must be approved by the Parks Department. 12. Mr. Moses shall work with the Parks Department to ensure that the two large pine trees on either side of the new drive will not be endangered by the new drive. 13. Brush shall be trimmed within 30' of the structure. This does not apply to a single specimen of trees or ornamental shrubbery used as ground cover provided they do not form a means of rapidly transmitting fire from the native growth to any structure. 14. Any portion of any tree with l0' from the outlet of any chimney shall be removed and any tree that is adjacent to or overhanging the roof shall remain free of dead wood. The roof shall be free of leaves, needles or other dead vegetation. 15. The applicant shall work with the public agencies to ensure that proper utilities are supplied to the new home' and a proportionate share of the public improvements to serve the project will be borne by the applicant. -ti~ 2 gN #352G13 1~/ 18/9 ice: ~3 fiec X45. CCU E~fC 698 FG 14~~" Silvia Davis, F'itk:in Cnty C1erE~, Doc ~.~a0 %_~. ,....^* NOA, THEREFORE BE IT FORTHER RESOLVED that the Commission recommends to the City Council subdivision approval of Lot 2 of the Moses Lot Split with the following conditions: 1. A final plat and subdivision agreement shall be filed within 180 days of .final land use approval by the City Council. A final plat shall be reviewed and approved by the Engineering and Planning Departments. 2. The final plat shall depict the following: a. the tennis courts (Lot 2B) and land on Lot 2 Moses Lot Split that is conveyed to the Aspen Alps Condominium Association (Lot 2A). b. Notes shall refer to Deed Book Page . indicating the restrictions against any further development on Lots 2A and 2B, or additional lot .area for floor area, bedrooms and density purposes on existing Alps buildings for the tennis courts lot and land conveyed by the owner of Lot 2 Moses Lot Split. c. The new access onto Lot 1 Moses Lot Split. ,,~.. . d. Graphic description. of the zoning designations of Lot 2 Moses Lot Split. e. No parking along .the road unless approved by the Fire Marshal. f. An easement indicating Lot 2 Moses Lot Split access off of the Aspen Alps South Road. g. All improvements on the .site including the entire length of the actual access road and the revised access easement including the roadway surface. h. The contents of the final plat must meet Sections 24-7- 1004-D.1 and -D.2 of the municipal code. There must be a statement by the surveyor, either in a surveyor's certificate or in a general note, that all easements of record as indicated on Title Policy No. dated have been shown on the plat. .The date must be within the past 12 months. i. The USFS tract, if conveyed to Mitchell/Bornefeld, or heirs and assigns shall be deed restricted against further development. ~,Mw!^~ 3. The width of the access easement to Lot 1 across Lot 2 shall meet code requirements (20'). ' `r...~. #:~52~~13 12/ 18/92 14:23 Rec X45. GCS Es f:; 698 F'G ~~~ Silvia Davis, F'it4:in Cnty Clerk, Doc ~.~~~~ ,~--.~ APPROVED by the Commission at their regular meeting on April 21, ~~ 1992 . `"'~ ATTEST: ASPEN PLANNING AND ' ZONING COMMISSION ~i~an Carney, Deputy City Cle ~ Jasmine Tygre, Chair erson "~ ~. ,. ,.«---.. ~. ~~h~b~~'~~ ~ Nicholas Lampiris, Ph.D. CONSULTING GEOLOGIST 0185 INGEASOLL LANE SILT, COLORADO 81652 (303) 963-3600 (24 HOURS) Jan~_tar••~ 2~~, 1?9w Alan M. Richman, AICF' Po:: ~b 1' Aspen CD. 81b1C f;E: Aspen Alps Lot - Dear Mr . ii chman : - I have completed my geologic investigation of the proposed building site on the maps which accompany this report. The building site lies along the east slope of the lobe containing the Little CJe11 Sk:i Faun. This is in the southern part of the Town of Aspen, within the Aspen ? 1/C minute quadrangle, FitE;in County, Colorado. The building site lies on a gentle east slope near a. small debris fan surrounded by trees and covered by native grasses.. It is between the home of Gaard Moses and other Aspen Alps buildings. The lot is irregularly shaped with the building envelope as shown. The geology of the site consists of clays, silts, sands, ,gravels and boulders of colluvial and some debris fl^w material deposited perhaps hundreds of years ago. These materials are generally graded and sorted and are probably. between 5V aid 7G feet thick: at this site. The underlying bedrock cannot be determined but is probabl>~ .one of the F'aleo~oi~= carbonate or sandstone units fractured by faulting common to this area. This faulting is mostly from ~=~~ million years ago and t!-:ere is no evidence of recent activity. It is still prudent to design the home to conform to Seismic Zone II of the Uniform Building Code. The fan which has been discussed is a geologic conce=rn but can be mitigated and should not present problems to the the home site because of the distance involved and the relative low energy of the flows. The building site is away from the base of the steep slope to the vest, but instability in this steep slope is possible; therefore; the mar (west) wal 1 of the home should be at 1 east si :: feet above finished grade and designed to accept forces of up to CU~~ pounds- Per square foot. There should be no doors or windows in this interval within 'the sai:: foot leve'1. If the steep slope in c~_tt, the rear wall should also act as a retaining wall to the toe of yhe =1 ope. The material of the site is suitable for the de~:elopment of a n ~ing1~• tL=.mil•:~ home, but soils ~r,gin~erinq studi ~s ~~nould be perf (7rmed ;*_ the S1 to sped ~ 1 O i ?'/el 'F_!> i ns~_lre pr Ooer foundation design, especiallv.in view of the possibility o•r hydro~_ompactive soi 1 s on the fan . ~i nal l andsc~•pi nc: :~hou1 d :i. nc 1 ude positive dr-ai nave away from the home i. n al 1 directions, particularly because it is pos=ible for some of the mud slurry from a debri=_ flow to reach near the site. L~later.for domestic use and waste disposal +,,ill be throuGh m!~nicipal .~urces. The access alre~d•,~~e;;ists to the site. Theis is ~aener-aily a good sits= from a geologic standpoint, i3ut the previous recommendations should be fgllos~rd. Hddition-ally, the hc~rne should be designed to preclude the accumul ate on oi~ radon ~~as as this i~ becoming standard practice in the Mate. ?f there sr-e further questi~on_,, please do not hesit:~te tic conta~=t me. Sincerely, ~~~ ~aicholas ~ampiris Consulting Geologist j ` ~- ~ ~. ,d AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~,-1'``~ _ \ ,~ "~l'(~? `~X=" ~~ L-C-~"~As~~e~ CO SCHEDULED PUBLIC HEARING DATE: ~/ ~-~~ ~ ~ , 200 T STATE OF COLORADO ) ss. County of Pitkin ) I, _. ~ GT ~~ `~- ~~~~ `~ ~ -~ l~ir-~~'t"" (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained fro the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches de and twenty-six (26) inches high, and which was composed of letters no less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first cl s postage prepaid U.S. mail to all owners of property within three hundred (00) feet of the property subject to the development application. The names and a~dresses of property owners shall be those on the current tax records of Pitkin ounty as they appeazed no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. _~= i~' ~ ,~ ~,~ ~ i - ignature The foregoing "Affidavit of Notice" was acknowledged before me this 2f ~ day of Ll (~ t- i ~ , 200, by ~~ T I~VLP S L~ I ~/1~ ~." WITNESS MY HAND AND OFFICIAL SEAL PUBWC NOTICE RE: LITTLE NELL H 1SE 2, LLC, V EW ~ PUBIC LOT SPLiT, 8040 EENLINE RE HEARING GIVEN that a public hearing NOTICE IS HEREB 2 2006, at a meet- sday, May en plan- will be held on T m before the ASP Council ing to begin at 4: Commission, in the ping and Zoning CO, Chambers, City Hall, 130 S. Galena St., Aspen, to review a proposal [or an 8040 Greenline Re- view for Lot 2 of the Moses Lot Split, Parcel ID #273718266001. The Community Development Da partment has a survey of the exact lot location for public review. contact Ben Gagnon at For further informaCommunity Development De- the City of ASP CO 970) 429- partment, 130 S. Galena St., ASPen'en.co.us). All 2755, (or by email at beng~'cLasp written correspondence related to the applica- tion should be sent to the above e-mail or physi- caladdress. c o Stan Clau- Applicant Little Nell Ho00 sE Ma~~' St. Aspen, CO My commission expires: ~ -2~ ~ U ~( Notary Public ATTACHMENTS: r ~~o n' ~ ~N. 4r~ L,. F. ~ Y'O~ ~ Son ASSOC;ates Inc., - re COPY OF THE PUBLICATION 81611 s~7asmine Tyg and Zoning Commission Aspen Plannf g Published in the Asp Times Weekly on ppn 16.2006. (3619) ~1PH OF THE POSTED NOTICE (SIGl~ ] STD GOVERNMENTAL AGENCIES NOTICED BYMAIL ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Lot 2, Moses Lot Split ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 2 May , 2006 STATE OF COLORADO ) ss. County of Pitkin ) I, F. L. (Stahl Clawson (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable,. waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 14 day of A ril, 2006, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) '~ j Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature L~+'' ~V The foregoing "Affidavit of Notice" was acknowledged before me this ~ day of .f~f,•-i~ , 200, by ~L . ~r-,o.~~ ~~,au~soy WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 5'-~" 2c~G~~ __ _ _ ____ Notary Public d CACHMENTS: 'THE PUBLICATION THE POSTED NOTICE (SIGN) :RNMENTAL AGENCIES NOTICED BYHAIL PUBLIC NOTICE RE: LITTLE NELL HOUSE 2, LLC, LOT 2, MOSES LOT SPLIT, 8040 GREENLINE REVIEW PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public. hearing will be held on Tuesday, May 2, 2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Council Chambers, City Hall, 130 S. Galena St., Aspen, CO, to review a proposal for an 8040 Greenline Review for Lot 2 of the Moses Lot Split, Parcel ID #273718256001. The Community Development Department has a survey of the exact lot location for public review. For further information, contact Ben Gagnon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429- 2755, (or by email at beng a,ci.aspen.co.us). All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: Little Nell House 2 LLC, c/o Stan Clauson Associates Inc., 200 E. Main St. Aspen, CO 81611 s/Jasmine Tyre Aspen Planning and Zoning Commission Published in the Aspen Times on April 16, 2006 City of Aspen Account Impression antibourrage et a sechage rapids ® www.avery.com ~ AVEI~Y® 5160® Utilisez le gabarit 5160® 1-800-G®-AVERY GELFAND HERBERT M TRUSTEE 50% GRAYSON GERALD GRIEF IRVIN JR & NANETTE GELFAND BEVERLY J TRUSTEE 50% 10147 BLUFFMONT LN 36 S CHARLES ST 9431 SUNSET BLVD CO 80124-5569 LONE TREE 2300 CHARLES CENTER S BEVERLY HILLS, CA 90210 , BALTIMORE, MD 21201 HALGLENN CORPORATION HARRIS NANCY M HARTMAN DOYLE & MARGARET 1428 BRICKELL AVE 386 S MISSISSIPPI RIVER BLVD PO BOX 10426 MIAMI, FL 33131 ST PAUL, MN 55105 MIDLAND, TX 79702 HURT FAMILY LP HIRSCH LEON C & TURI L H HODGE RON CAPITAL GROUP INC ONE GORHAM ISLAND ASPEN MOUNTAIN RD #10 50TH FL 333 S HOPE ST WESTPORT, CT 06880 ASPEN, CO 81612 LOS ANGELES, CA 90071 ISAAC JENNIFER F TRUSTEE JACOBS HARLAN & DEBRA TRUST JACOBSEN CHRIS 13461 APPLE RD 8040 N LA JOLLA SCENIC DR 40 ASPEN MOUNTAIN DR WILTON, CA 95693 LA JOLLA, CA 92037 ASPEN, CO 81611 KAPLAN JEROME A KELLER KURT E KENNER JEFFREY L 6001 MONTROSE RD STE 403 PO BOX 840 720 PARK AVE #6-B ROCKVILLE, MD 20852 ASPEN, CO 81612 NEW YORK, NY 10021 KLEIN MICHAEL S LAMBERTI PAULA LANGE JENNIFER WOOD & WILLIAM E PO BOX 626 PO BOX 8685 22 NEW GREENS CT CORTE MADERA, CA 94976 ASPEN, CO 81612 KINGWOOD, TX 77339 LEO RICHARD A LODESTAR WEST LLC MARTIN HARRY M 1/6 15 ASHBURY TER 175 BELLEVUE DR COLORADO SPRINGS, CO SAN FRANCISCO, CA 94117 BOULDER, CO 80302 MARTIN MARIANNE 1/6 INT MAUTNER RICHARD & MARIANNE 2752 LA STRANDA GRANDE HTS 2854 ARDEN RD NW COLORADO SPRINGS, CO 80906 ATLANTA, GA 30327 MILLER LORRAINE MITCHELL GEORGE P PO BOX 5136 10077 GROGANS MILL RD #475 ASPEN, CO 81612 THE WOODLANDS, TX 77380 MCCLUSKEY DARLENE M TWO COVENTRY CT PRAIRIE VILLAGE, KS 66208 MORTON JENNY S 3-1 MOTO-AZABU 1-GNOME UNIT 28 MINATO KU 106 0046 JAPAN, OHERRON WILLIAM P & PATRICIA OTTO GERDAU COMPANY PARKER K E TRUSTEE OHERRON KENNEDY C 80 WALL ST 101 LIBERTY ST 2424 GLENWOOD AVE #101 NEW YORK, NY 10005 SAN FRANCISCO, CA 94110 RALEIGH, NC 27608 r1 Aa3Ab~-09-008-6 ~ ®0915 31V1dW31®i(.iaroy asD Impression antibourra a sechage rapide ~ avery.com A~RY® 5160® Utilisez le gabarit 516 ~' GO-AVERY AJAX SLOPESIDE LLC ALPS PARTNERS AMOS BETTY 240 RAMSAY RD C/O PETE SCHENKEL 7330 SW 165TH ST DEERFIELD, IL 60015 PO BOX 703806 VILLAGE OF PALMETTO BAY, FL 33157- ' DALLAS, TX 75370-3806 3800 ASPEN ALPS CONDOMINIUM ASPEN ALPS CONDOMINIUM ASPEN SKIING COMPANY LLC ASSOCIATION ASSOCIATION PO BOX 1248 700 UTE AVE PO BOX 1128 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN VALLEY LAND TRUST AUHLL RICHARD A BAECHLE JAMES PO BOX 940 ASPEN ALPS CONDO #710 156 HORSESHOE RD ASPEN, CO 81612 700 UTE AVE MILL NECK, NY 11765 ASPEN, CO 81611 BAZ JAVIER & COLLEEN BECK CYNTHIA BILLINGS PRENTICE BOYD 35 POLO CLUB CIR P O BOX 1569 20 ASPEN MOUNTAIN RD DENVER, CO 80209 PACIFIC PALISADES, CA 90272 ASPEN, CO 81611 BLACK SWAN UNIT D LLC CABANISS WILLIAM J CARMAN PETER CIO C/O CARISSA PEREIRA 3812 FOREST GLEN DR C/O ASPEN ALPS PO BOX 7498 LITTLE ROCK, AR 72217 BIRMINGHAM, AL 35213 700 UTE AVE #808 ASPEN, CO 81611 CHANDLER CLARISSA H CHAPIN ANZLE FAMILY TRUST GOONEY THOMAS E 902 N GREEN BAY RD 1887 STILLWATER ST PO BOX 4517 LAKE FOREST, IL 60045 WHITE BEAR LAKE, MN 55110-8507 ASPEN, CO 81612 CORCORAN DANIEL COX CONSTANCE C TRUST DAVIS FAMILY TRUST PO BOX 1881 2999 PACIFIC AVE #5 PO BOX 1909 ASPEN, CO 81612 SAN FRANCISCO, CA 94115 RANCHO SANTA FE, CA 92067 DEVORE KARINJO DILLARD WILLIAM T II & MARY A DRAKE RODMAN L 50% PO BOX 03 C/O DILLARD DEPT STORES INC 485 PARK AVE #5A ASPEN, CO 81612 PO BOX 486 LITTLE ROCK, AR 72203-0486 NEW YORK, NY 10020 FIGI J TODD REV TRUST FORD SIMON JOHN HUBIRD & JULIE C/O JT FIGI ENTERPRISES DERKS FOX JOAN D TRUSTEE 50% 1260 PROSPECT ST 700 LYNCOTT 6675 AUDUBON RD LA JOLLA, CA 92037 NORTH MUSKEGON, MI 49445 HOLLAND, MI 49423 FRIEDMAN RICHARD L GAINES SUSAN R GARTEN HERBERT & SUSAN F C/O CARPENTER & CO 111 HOGARTH 36 S CHARLES ST 20 UNIVERSITY RD CAMBRIDGE MA 02138 GLENCOE, IL 60032 2300 CHARLES CENTER S , BALTIMORE, MD 21201 .Impression antibourrage et a sechage rapide ^~!• www.avery.com ;°~~~ AVERY® 5160® Utilisez le gabarit 5160® 1-800-GO-AVERY PECKHAM THOMAS C PITKIN COUNTY PYRAMID PARTNERS LP PO BOX 9766 530 E MAIN ST STE 302 611 PARKWAY STE F-13 ASPEN, CO 81612 ASPEN, CO 81611 GATLINBURG, TN 37738 RIDDELL JOHN F JR & BARBARA B RIGHETTI THOMAS ROIN MAUREEN M TRUSTEE 2900 WESLAYAN RD STE 500 13724 SW 92 CT 1225 WESTMOOR RD HOUSTON, TX 77027 MIAMI, FL 33176 WINNETKA, IL 60093 ROTH WALTER TRUSTEE RULY HOLDINGS PTY LTD SCHALDACH NANCY C/O D ANCONA & PFLAUM C/O LANG WALKER 260 CRANDON BLVD STE 32 111 E WACKER DR STE 2800 P O BOX 2964 MIAMI, FL 33149-1538 CHICAGO, IL 60601 ASPEN, CO 81612 SPENCER MARGARET R SEIDMAN DOV LIVING TRUST SHODEEN KENT W TRUST NO 1 C/O DAVID B SPENCER 466 HALVERN DR 17 N 1ST ST 1217 ROYAL ST LOS ANGELES, CA 90049 GENEVA, IL 60134-2220 NEW ORLEANS, LA 70116-2515 TROTTER GRETA R TRUST 17.2413% TAGUE PETER & CHERYL TISCHLER SALLY L TROTTER GRETA R TRUSTEE 25 SCARSDALE VILLAS 520 W FRANCIS 7553 HIGH AVE LONDON ENGLAND, W8-6PT UK ASPEN, CO 81611 LA JOLLA, CA 92037 R WM E II FAM TRUST NO 5 TROTT TROTTER WM E II FAM TRUST NO 6 TROTTER WILLIAM E II 12.3943% E 17.1664 /° 17.7328% PO BOX 92610 ARONSON RACHEL PRISK TRUSTEE TROTTER GRETA R & WM E III LAFAYETTE, LA 70509-2610 103 VENDANGE TRUSTEES MANDEVILLE, LA 70471 600 JEFFERSON ST STE 1202 LAFAYETTE,LA 70501 WHITMAN JONATHAN C TRUST UTE CHALET INC WELLS RICHARD A & SUSAN T #401 ASPEN ALPS PO BOX 1625 970 POWDER LN 700 UTE AVE ASPEN, CO 81612-1625 ASPEN, CO 81611-2105 ASPEN, CO 81611 WILSON MICHAEL WINKLER REV TRST WINTER RUTH F TRUSTEE 8 ELM ST 840 LOMA VISTA DR 175 E DELAWARE PL APT 8404 MARBLEHEAD, MA 01945 BEVERLY HILLS, CA 90210 CHICAGO, IL 60616 ZEFF RICHARD L TRUST ZGTAR TRUST 14 EVERGREEN WAY ONE MARITIME PLAZA #1220 STRATHAM, NH 03885 SAN FRANCISCO, CA 94111 p09L5 31t/1dW31®~(.iany asn t;........ • ».. ~r1nn111C ^fllP IIIPf ~,~... CTL~HQ1U1g'SON ._..~~ .~, ~} ~ SOILS AND FOUNDATION INVESTIGATION SINGLE-FAMILY RESIDENCE 900 SOUTH ALPS ROAD ASPEN, COLORADO ,Pre ~d r: ~ ~.~@. ~~= JOHN ~LSON BUILDER p, O. Box 10'147 Aspen, CO 816'12 Attention: Mr. John Olson Project No. GSO4603-120 September 8, 200b ~, 234 Center Drive ~ Glenwood Springs, Colorado 81601 --- r---- .,", .,~~_~Qi~t C `~ti TABLE OF CONTENTS SCOPE SUMMARY OF CONCLU510NS SITE CONDITIONS PLANNED CONSTRUCTION SUBSURFACE COND1TiONS EARTHWORK Excavation Retention Excavation Structural Fill ,,_,,, Backfili and Fill ~•~~ FOUNDATION FLOOR SYSTEM AND SLABS-ON-GRADE .BELOW-GRp-DE CONSTRUCTION SUBSURFACE DRAINAGE EARTH RETAINING WALLS SURFACE DRAINAGE L1M1TATlONS FIGURE 1 -APPROXIMATE LOCATIONS OF EXPLORATORY PITS FIGURE 2 -SUMMARY LOGS OF EXPLORATORY PITS FIGURE 3 -GRADATION TEST RESULTS ,`~' N ~t, - TERIOR FOUNDATION WALL , i~ b . FIGURES 4 AND 5 EX FIGURE 6 -TYPICAL EARTH RETAINING WALL DRAIN 1 2 2 3 3 3 4 4 6 5 6 7 8 9 10 10 JOHN OLSON BU{LOER 900 SOU7H ALPS ROAD awn.1FCT N0. GSO4603-120 °, - scoQE This report presents the results of our soils and faundatiori investigation for the proposed single family residence planned at 900 South Alps Road in Aspen, Colorado. The purpose of #his soils and foundation investigation was to evaluate the subsurface conditions at the site and provide design-level geotechnical recommendationsforthe proposed construction. Our reportwas prepared from data developed during our field exploration, laboratory testing, engineering analysis and our experience with similar conditions. This report includes a desc~intions land subsurface conditions found in our exploratory pits, our op recommendations for design criteria for recommended foundation and floor systems, and geatechnicat and construction criteria for details influenced by the subsoils. ~d recommendations contained in the reportwere developed based on the anticipa construction. A summary of our conclusions is presented below. ,~--,. ':J SUMMARY OF CONCLUSIONS t, Subsurface conditions 'found in our exploratory Pits consisted of 3 and 6 feet of fill consisting of sand, gravel, cobbles and boulders and construction debris above 1 s i d travel w th'cobbles and boulders o organics underlain by slightly ty g {ored of 9 feet Free ground water was not the maximum depth exp its. The number and de th of encountered in our exploratory p p ~ • exploratory pits was limited by space constraints and ems:; : , *~, •~ Lion. buildings, utilities and vegeta ~'. ~, -Excavation depths of about 15 feet will slol eseabo a the planned (uphill) side of the residence. Steep p excavation will prevent sloping foundation excavation sides to stable configurations. An excavact the bu'i dings Additional discussian~is n~ will be required to coni~u the report. g, We recommend construe ed natural gravel Design and construction supported by the undisturb , criteria for footings are presented in the report -~• q, We judge potential risk of differential movementwill be lowforslab-on- gradeconstruction supported by the undisturbed, natural grave[ atthis site. Existing fill is not suitable to support slabs. A washed rock layer 1 sp}{N OLSON BUILDER 900 SOUTH ALPS ROAD aRn.1FCT NO. GSOA603-920 C ~~ . ` with an imbedded 1'VC drain pipe network should be installed below slab-on-grade floors. 5. Surface drainage should be designed toe roe is dence.pt An exterior surface water away from the propos foundation drain should be installed around the building. SITE CONDITIONS The site is at the end of South Alps Road in Aspen, Colorado. ,The site consists of a flat benched area to the north below steep slopes ~ ximatelo 2 Topographic mapping indicates the slopes above the flat area are pp Y 1 (horizontal to vertical). Several small drainages are incised into the steeres dances cabin and access drive are on the flat benched area. ~ Large single-lam y are to the north and east of the property. The Little Nel{ski run and gondola are to the south beyond the steep sloped part of the properly. Vegetation beyond the benched `R~ areas is dense forestation and ground cover. ('~~ PLANNED CONSTRUCTION ~e'~~ ` Building plans were being developed at the time ofi our investi a ~rne .} A understand~the residence wilt be constructed on the flat benched area af°-#fie site. Excavation into the steep slopes wil! be minimal. The location of the planned building footprint is shown on Figure 1. The residence will likely be athree-level, wood-frame structure. The lower level will likely be a walkout basement with accii 1`k ! rbe made north. We were told foundation excavation depths of about 15 feetw y at the uphill side of the building. Foundation loads are expected to vary between 1,000 and 4,000 pounds per lineal foot of foundation wall with maximum interior column loads of 80 kips. We should be provided with building plans, when developed, so that we can provide geotechnical input 2 .f01iN OLSON 9UlLDER 900 SOUTH ALPS ROAD avn.IFCT NO. {`,504603-i20 ,.:., ~, ~ SUBSURFACE CONDITIONS To investigate subsurface conditions for this investigation, we observed the its p_1 and TP-2) at the approximate locations excavation of two exploratory p~ ~ shown on Figure 1. Pits were excavated with a backhoe. Excavation operations were directed by our laboratorylfield manager who logged the soils encountered in the pits and obtained samples. Samples obtained in the field were returned to our laboratory where field classifications were checked and typical samples selected for laboratory Its are shown on testing. Graphic fogs of the soils encountered in our exploratory P Figure 2. The number and depth of exploratory pits were limited by space constraints and.existing buildings, utilities and vegetation. Subsurface conditions found in our exploratory Pits consisted of 3 and 6 feet of fill consisting of sand, gravel, cobbles and boulders and construction debris above 1 and 2 feet ofsilty sand "topsoil" with organics underlain by slightly silty grave! with tom' cobbles and boulders to the maximum depth explored of 9 feet Free ground water .4YN~ was not encountered in our exploratory Pi~• One sample of the natural grave! soils tested had 73 percent gravel, 20 percent sand and 7 percent silt and clay size particles (passing the No. 200 sieve). Gradation test results are shown on Figure 3. Because of the presence ofi sign~fi~ ~tlXlso L cobbles and boulders test results are representative °f enof the sub_ ~ • are Observations during excavation indicated a large percentag ~ and boulders. ~ ~. - ,'' cobbles , EARTHWORK Excavation Retention We expect excavation depths of about 15 feet at the uphill side of the 3 , ... ` -_ excavation. Steep slopes above the excavation will prevent sloping the excavation 3 JOHN OLSON gU1LDER gpp SOUTH ALPS ROAD vunJECT NO.O,gD46o3-120 C '~ r. a .~ sides to stable configurations. An excavation retention system such as soil nails wilt be required to provide a safe and stable excavation for lower level construction. The excavation system must be provided with adequate drainage. Significant seepage may occur in the excavation. The seepage could be problematic for shotcrete facing. Excavation retention must also be designed to accommodate surcharge loads from the sloped ground above the excavation. CTLJThompson, inc. can provide excavation retention designs. Excavation We anticipate excavations for the building foundations and .utilities can be accomplished using conventional, heavy-duty excavation equipment. Large boulders should be expected. The fill and natural gravel will.classify as Type C soils based on OSHA standards governing excavations. Sides oftemporary excavations deeperthan ~'~ ~' S feet should be no steeper than 1.5 to 7 {horizontal to vertical) in Type C sails. '~~ Contractors should identify the soils encountered in the excavation and referto OSHA standards to determine appropriate slopes. ~-~ ~ ~;,~>', ter see a e was not encountered in our exploratory pits~th ~e~me Ground wa p 9 of excavation. Our experience in the area is that the upper soils become saturated during snowmelt, which can result in significant flow of ground water into excavations. We recommend sloping excavation floors to gravity discharges or temporary sumps where water can be removed by pumping. The ground surrounding the excavations should be sloped as much as practical to direct runofF away from the excavation. Permanent dewatering is discussed in the SUBSURFACE DRAINAGE section. Structural Fil! Existing fill is present below parts of the bui{ding footprint The fill should be __ ` removed from below slabs and replaced with densely compacted, structural fill. A 4 JOHN OLSON BUILDER 800 SOUTH ALPS ROAD aun.tFCT NO. G544603-120 ~y,~,,,,.,. ~Rk-Y~° ~:., .~°r i CDOT Class 6 aggregate base course or similar sail can be imported for use as structural fill. Structural fil{ should be placed in loose lifts to'10 inches thick or I~ ssa, ~ od'~ { u ~{ conditioned to within 2 percent of optimum moisture content, and co p least '100 percent of standard Proctor (ASTM D 698) maximum dry density. Close control of structural fill placement and compaction wilt be required for structural fill to meet project specifications. Our representative should observe contractor procedures and check structural fill density and moisture content during placement. Backfill and Fill Proper placement and compaction of backfill and fill adjacentto the bui{ding will be critical to prevent infiltration of surface water and wetting of soils below the building. A CDOT Class 6 aggregate base course can be used as fill. The backfill and ;' ~ fill should be placed in hose lifts of 7 0 inches or less, moisture cond ti 95 de centhaf ,~_~ acted to at {eas p 2 percent of optimum moisture content, and comp ~~gg octor ASTM D 698) maximum dry density. We recommend tha~~nt'.sity standard Pr and moisture content of backfil! be checked during placement. ~ ~, .~r~:. fi'r' ~,'~'-t~ FOUNDATIONS Our subsurface information indicates the natural gravel soil nst tit t~nn the anticipated foundation elevations for the buildings. We recommend co 9 buildings on footing foundations which are supported by the undisturbed, natural ravel Our representaf[ve should be called to observe conditions in the completed 9 riot to lacing farms, to confirm that the natural soi s are foundation excavations, p P exposed and suitable for support of the designed footings. Recommended design and construction criteria for footing foundations are presented below. ' _ f, The footing foundations should be supported by the undisturbed, ~ natural gravel, Soils loosened during the excavation or forming 5 JOHN OLSON BUILDER 800 SOUTH ALPS ROAD artnJECT NO. GSO4603-120 process for the footings should be removed or the soils can be re- cornpacted prior to placing concrete. 2, Footings should be designed for a maximum soil bearing pressure of 4,000 psf. 3, Continuous wall footings should have a minimum width of at least '16 inches. Foundations for isolated columns should have minimum dimensions of 24 inches by 24 inches. Larger sizes may be required, depending upon foundation loads. 4, Grade beams and foundation walls should be well reinforced, top and bottom, to .span undisclosed loose or soft soil pockets. We recommend reintf~orRc i #arcementshould belles gne by hestructhtural of at least 7 2 fe engineer. ,, The soils under exteriorfootings should be protected from freezin We end the bottom of footings be constructed at a depth,.a ea~east recomm ~ ~ , 42 inches below finished exterior grades. l 1 FLOOR SYSTEMS AND SLABS-ON-GRADE Slab-on-gradefloors are anticipated in basementand garage areas. Existing fill may be present below parts of the basement and garage floors. Based on laboratory test data and our experience, we judge potential risk of differential rnovementwill be tow fior slab-on-grade construction supported by the natural gravel at this site. Existing fill should be removed from below floor slabs and replaced with densely compacted structural fill as described in the. EARTHWORK section. A washed rock layerwith an imbedded PVC drain pipe network will.be required below slab-on-grade floors to mitigate potential problems resulting from ground water and is discussed in the SUBSURFACE DRAINAGE section. The drain system below the slabs will likely carry water during spring and early summer months. The slabs will be subjected to damp conditions. The effects of the dampness on the chosen floor covering should be considered. We recommend the following precautions for slab~n-grade construction at this site. 6 JOHN OLSON BUILDER 90D SOUTH ALP5 ROAD PROJECT NO. G5D46D3-126 ,.,.,.,. t~ ,. 1, Slates should be sepWfree verticalamovement of the slabs. pads with slip joints which ailo 2. Underslab plumbing should be pressure tested for leaks before the slabs are poured. Plumbing and utilities which pass through slabs should be isolated from the slabs with sleeves and provided with flexible couplings io slab-supported appliances. 3, Exterior patio and porch slabs should be isolated from the residence. These slabs should bewell-reinforced to function as 'independent units. 4, Frequent control joints tistho~ul A~1) prec immendationsrdto credu e American Concrete I problems associated wi#h shrinkage and cursing. BELOW-GRADE CONSTRUCTION ~~ slow- rode should be designed b ~1 Foundation walls which extend b g ~~~r~. earth pressures where backfill is not presentto about the same extetft orZ sides of the wale Many factors affect the values of the design lateral earth p i~raina a ofthe th e, compaction, slope and g factors include, but are not limited to, a typ. backfill, and the rigidity of the wall against rotation and deflection. Far a very rigid wall where negligible or very little deflection will occur, an "at-rest"o ath{e 0.5 to 1 pressure should be used in design: For walls which can deflect ar r es ,lower "active" lateral earth percent ofwall height depending upon the backfitl typ ) pressures are appropriate. Our experience indicates basement walls can deflector rotate slightly under normal design {Dads, and that this deflection ill likelth be satisfactory wall performance. Thus, the earth pressures an the watts w y between the "active" and "at-rest" conditions. if the on-site soils are used as fsackfill, we recommend design of below-grade walls using an equivalent fluid density of at least 50 pcf for this site. This equivalent density does not include allowances for sloping backfill, surcharges or h lac d nd pressures. Backflll placed adjacentto foundation wall exterio ARTHWORK section. ~'~ compacted in accordance with the recommendations in the E 7 JOHN OLSON BUILDER 90D SOUTH ALPS ROAD . PROJECT N0. CaSO4603-120 C SUBSURFACE DRAINAGE Our experience is that the upper soils at this site become saturated during spring and early summer months. Additionally, water from rain, snow melt and surface irrigation of fawns and landscaping frequently flows through relatively permeable backfill placed adjacent to a building and collects on the surface of relatively impermeable soils occurring of the bottom of the excavation. This can cause wet or moist conditions in below-grade areas after construction. A permanent dewatering system will be required for the buildings. We recommend installation of . exteriorfoundation drains around the buildings. Washed rock layers with embedded PVC drain pipe networks should be installed below floor slabs and on crawl space floors. ' ,~ ~. ~~{ tied;•PVC The exteriorfoundation drains should consist of 4-inch diame ~, ~,. pipe encased in free draining gravel. A prefabricated drainage compo shauld be i. n } placed adjacentto foundation walls. Care should be taken during backfill operations to prevent damage to drainage composites. The drain should lead to a positive outlet, or to a sum pit where water can be removed by pumping. Gravity gravity P outlets should not be susceptible to clogging or freezing. Installation of clean outs along the drain pipes is recommended. Excavations to construct the foundation drains must not undermine the subsoils supporting the adjacentfooting foundations. Typical foundation drain details are presented on Figures 4 and ~. Slab-on-grade floors and crawl space areas (if constructed) must be provided with efficient drainage. We recommend constructing drains consisting of 2-inch diameter, slotted, PVC pipe installed on 6 to 8 foot centers and imbedded in at least 6 inches of washed gravel. The pipes shauld convey waterto perimeter drain collector pipes. Water collected should be discharged to positive gravity outlets or to sump pits where water can be removed by-pumping. Placement of a "mud-stab" or other type vapor barrier should be considered above the washed rock layer to mitigate the potential for water transmission through floor stabs and standing water in crawl __ ' spaces. A "mud slab" is a 4 to 6 inch thick, lean mix, concrete slab with welded wire reinforcement. There is no need to finish the slab surface. 8 JOHN OLSON BUILDER 900 SDUTH ALPS ROAD PROJECT N0. C,SO4603-120 ,,.~ Ventilafion is importantto maintain acceptable humidity levels in craws spaces. A recent trend in Piticin County is to ventilate crawl spaces with air from the living area of residences. The mechanical systems designershould considerthe humidity and temperature of air, and airflow volumes, during design of crawl space ventilation systems. It may be appropriate to instal! ventilation systems that are controlled by hurniditstat. EARTH RETAINING WALLS We expect that earth retaining walls may be constructed adjacent to the residence. We consider boulderwalls to be landscaping features with little capacity to resist lateral earth loads and movements. We recommend other types of earth retaining systems, such as reinforced concrete retaining walls, atthis site. Reinforced concrete retaining walls can be constructed on fiooting foundations supported by the undisturbed, natural soils. Retaining wall footings can be sized w,i tt~''~isriteria presented in the FOUNDATIONS section. ~~~~ Free standing retaining walls, which can rotate should be designed b~ resist "active" lateral earth pressure using an equivalent fluid density of at least 40 pcf. Retaining walls with reinforcementthat istied into bu'slding foundation walls, tha#are notfree to rotate, should be designed to resist "at rest" lateral earth pressure using an equivalent fluid density of at least 50 pcf. These pressures do not include allowances for sloping backfill or hydrostatic pressures. A friction factor of 0.40 should be used when calculating stability offootings subjectto lateral loads. Backfil! behind retaining wails and in front of retaining wall footings should be moisture conditioned to within 2 percent of optimum moisture content and compacted to at least 95 percent of standard Proctor (ASTM D 698} maximum dry density. _ Drains are recommended to control hydrostatic pressures behind retaining ~~~ walls. Atypical earth retaining wall drain detail is shown on Figure 6. The drains should lead to positive gravity outlets or be provided with weep holes. 9 JOHN OL50N 9UiLDER 900 SOUTH ALPS ROAR QRn.iECT No. GSO4603-120 c SURFACE DRAINAGE Surface drainage is critical to the performance offoundations, floor slabs and concrete flatwork. We recommend the following precautions bembi t d d during construction and maintained at all times after the buildings are co p q, The ground surface surrounding the exteriof o ~h {h~ i1b~ngdsrhg ul We sloped to convey surface water away recommend providing a slope of at least 6 inches in the first 5 feet around the buildings in landscaped areas. 2, Backfil[ around the ext2rioercent ofdoptimumllmoisture content and conditioned to w+th P compacted to at least 95 percent of standard Proctor (ASTM D 698) maximum dry density. 3, The building should be provided with roof gutters and downspouts. Roof downspouts and drams should discharge well beyond tie limits of al{ backfill. Splash blocks and downspout extensions show{d b~,~e" ~~ 'scha a points. :~,~~ ~ ~~ ' provided at all d+ ~J '----' ~ ,.-~, ~. ~~r~ 4, Landscaping should be carefully designed to minimiZ ~~,ation. plants used near foundation wails sh sushould not be Ioc~a~ed w+ thin 5 moisture requirements; irrigated gras feet ofthe foundations. Sprinklers should not discharge within 5 feet of the foundation and should be directed away from the buildings. ,. Impervious plastic mes b oundingothe b - dings ~ These membranes surface immediately tend to trap moisture and prevent normal evaporation from occurring. Geotextile fabrics can be used to control weed growth and allow some evaporation to occur. LIMITATIONS Our exploratory pits were located to obtain a reasonably accurate picture of subsurface conditions. Variations in the subsurface conditions not indicated by our pits will occur. We should be called to observe conditions exposed ed and su table "~~ foundation excavations to confirm thatthe natural gravel soil +s expos for support of the designed footings. 'I 0 JOHN OLSON BUILDER 900 SOUTH ALPS ROAD r.en icr^r Nn. GSO4fi03-120 This investigation was conducted in a manner consistentwith that level of care and ski11 ordinarily exercised by geotechnical engineers currently practicing under similar conditions in the locality of this project No other warranty, express or implied, is made. If we can be of further service in discussing the contents of this report or in the analysis of the influence afthe subsoil conditions on t~. ae • sign ofthe lease call. ~ ~F~~~~ structures, p CTL j THOMPSON, INC. John Mechling, P.E. Branch Manager JM:cd (5 copies sent} .~ 1 ~~ JOHN DLSON BUILDER 9D0 SDUTH ALPS ROAD oon tFrT NO_ (3S046D3-S2D 91 ''~ G SCAM 1 `= 30' ~" '^~ ypC ~ 9175 . p0- m~~~ !~ s ' ~C " ~~\ II"'.~2 \ ,j ,.. ~, LOT 2 1_D28 ACf F,764 Sp.FT.t ,.~ ~ ,star a ~o~ M ~~~ o Project No. pgpq.603-120 LOT 20.D' ~a~NT fUR LOT t ROAD do PARgNO ~EtA'SI~T593 aczas Pcaas ~ RPC 1Sf 2594? YPC t5~ 237b Approximate Locations of Exploratory Pits Fg. 1 ., ~,., TP-7 TP-2 . ~' 0 D 5 ~ . o m 5 °~ ~ 0 0 c a -*~ t m c. t p m. oe 10 15 15 i~~ LEGEND: Fill, sand, silty, gravel, 1 ~ obstruction debris ~ tireso steel can cable, etc. sirly sand "topsoil", organics, moist, dark brown. Gravel, .slightly silty, cobbles, boulders, very dense, moist, brown. (GP-GM) indicates bulk sample. -'^ NOTES: . ~~ ~~~~ excavated ,Exploratory pi s,~re with a backhoe on August 18, Zpp5, Pits ware backfilled immediately after excavation operations were completed. 2. No free ground water was observed in tof excavation p'r}s the day 3, Locations of exploratory pits are approximate. 4. These exploratory pifs are subject to the explanations, limitations and conclusions as contained in this report. suMMARY LAGS of EXPLORATORY PITS Project Na. GSO4603-120 Fig. 2 C r . ..,~ i , ~,'~ '~~..' 45 MW. 15 MIN. 6D MW.19 MIN. 4 MIN. 10D 9D >~ 0 70 z a 60 4D 34 Z6 10 HYDROMETER ANALYSIS U5, STANDARb SERIES CLEAR SQUARE DPENOVOS 25 HR. 7 HR. TINS READ1Nt35 "20D •1 DD '50'40"30 'i6 '16.6 `4 37li" 314" 1X' 3" 5"S" 8" ': ~; 1 M IN. -- F _ - - - - -::~ - - _ - ~. _ _ V : _ _ - - +. - `. . - - - -_ -7 7 - - - ~. _ .._ . . - _ _ s-.... _ = u -{ - - 4 78 8 52 1 91 3 6.1 7 62 127 A01 0.002 .DDS .uw .u ~d .037 .074 ,.148 .287 a 59D 1.18 2.0 2.38 . DIAMEt ER OF PARTICLE IN MIWMETERS SANbS GIRAVEL CLAY(PLAS7'IC)TOSILT{NON-PLASTIC) FINE MEDIL]M COARSE FWE COARSE GRAVEL 73 °~ Sample of GRAVEL, SLIGHTLY SILTY GP-G SILT & CLAY ' From TP-9 AT 7-9 FEET --~"°~~' PLASTICITY ll~]D,~ , ~ ~ 46 100 9D w ~~ BQ 40 sD iD 0 2d % 9/° - °/a 25 WR. 7 HR. T~ K°'u'~."a IN. •200 '100 "50 "40 "30 •18 '10.8 •4 31B' 314' 1Y," 3" 5'e' 0 W. 15 M W. BO M W. ie M IN. 4 M W. 1 M _w _.._ 1 4g 2 97 .5 80 1. 18 2A 2.38 4. 76 8. 52 18 .1 36 .1 76 .2 1 M 10 20 3D 4D sa 7a eD 90 100 200 .OD1 DA02 .005 .069 .D19 .037 .074 DA2 AIRME{'fR OAF PARTICLE W M0.1.1METERS ~~ GRAVEL CLAY (PLASTIC)TDSILT(NON-PLASTIC} FINE MEDNM COARSE FINN COARSE CO88LES ~ GRAVEL _% SAND -f Sample of SILT 8~ CLAY % LIQUID uM1T FI'Om PLASTiCrfY INDEX °~ Gradation . _ _ Test Res u [ts ~,~. $ 0 10 20 30 a 40 ~ a 50 ~ a 70 ~~ _ ~ inn 1 2DD .~} SLOPE _~~ BACKFlLL (co-APOSmoN nNn CD1dPACTI0N PER REPU `~;..: 2-3' PREFABRICATED DRAINAGE coMPOSI'TE SLOPE (MIRADRAIN 60D0 PER OR EQUIVALENT} OSHA COVER GRAVEL W~ F1LTER FABRIC J ~- ~ ~, 2" .MINIMUM S" MINIMUM ~- OR BEYOND 1:1 SLOPE FROM BOTTOM OF FOOTING• IS GRF~.TTR} (WHICHEVER NOTE: DRAIN SHOULD eE AT LFAS-f 2 INCHES BELOW BOTTOM OF FOOTING AT THE HIGHEST POINT AND SLOPE DOWNWARD TO A PDSCfIVE GRAVITY OUTLET OR TO A SUMP WHERE WATER CAN BE REMOVED BY PUMPING. PROVIDE PVC SHEEf1NG GLUED TO FOUNDATION WALL TD REDUCE MOISTURE PENECRATION .- BELDW GRADE WALL REINFORCWG STEEI- PER STRUCTURAL DRAWINGS PROVIDE POSfTNE SLJP JOINT / BETWEEN SLAB D WALL FLOOR ~~B~f '~ ~. ~ . . ,,~. :x:.-~~:------=-~= - _- - .~ PVC DRAIN NFIwUKK- IAABEDDED IN WASHED CONCRETE AGGREGATE FOOTING OR PAD 4-INCH DIAMETER PERFORATED DRAIN PIPE. THE PIPE SHOULD BE LAID IN A 7RENCHDROP PER FOOT 0 DRAIN ~~ 1 /8 1NCH AND 1 /~4 1NCH ENCASE PIPE OR NO.Hm ~ CONC~REENED GRAVELAT'0 AT LFAST C33, N0. 57 1~2 HEIGHT OF FOOTING. pro}ect No. GS04fit73-'I ~ Exterior foundation Wati Drain Fg. 4 c t ~ •~ SLOP~R RFp~}S"L 1-~ 2-3~ 13AGKFILL ~couPasmn-a ac~n CDAdPACTION PER REpORT~ - PREFABRICATED DRAINAGE ~a COMPOSITE SLOPE (MtRADRAIN GaOa PER pR EgUNALEN'f) OSHA COVER GRAVEL W1TF1 FlLTER FABRlC NOTE: DRA1N SHOULD BE AT LEAST 2 INCHES BELOW BOTTOM OF FOOTING AT THE HIGHEST POINT AND SLOPE DOWNWARD TO A POSITIVE GRAVITY OUTLET OR TD A SUMP WHERE WATER CAN BE . REMOVED BY PUMPING. STRUCTURALLY SUPPORTED FLOOR SYSTEIu~ REINFORCING STEEL PER STRUCTURAL DRAWINGS CRAWL SPACE °MUD SLAB° 0R VAPOR. BARRIER ':a - -' - „~,~~~,,,,~, 2" MINIMUM 8" MINIMUM ~-~- OR BEYOND 3:1 SLOPE FROM 90TTOM OF F00T1NG. (WHICHEVER lS GREATER) P OVIDE PVG SHEEflNG GLUED TO FOUNDATION WALL TO REDUCE MOISTURE PENETRATION PVC DRAIN NETWORK IMBEDDED IN WASHED CONCRETE AGGREGATE 4-INCH bIAMETER PERFORATED DRAIN PIPE THE PIPE SHOULD BE LAID DIN 1 A TR~GH HDROP PER ~OOT OF GDRAIN_ETWEEN 1 r8 INCH AN 0 O ENCASE PIPE iN WASHED CONCRETE AGGREGATE (AS1Ul C33, N0. 57 OR N0. 87). EXTEND GRAVEL TO AT LEAST 1/2 HEIGHT OF FOOTING. project No. GSO46~3-12~ Exterior Foundation Wali Drain Fi®. b PER - - -- - •~! '•a e • -d ~ ,a - - i * - ~• - _ -.°s . ~~ 'j SLOPE VARIES 1 ~•~ ~~ BACKFILL WTTH _ - _ - SILTY OR CLAYEY = - __ ~, SLOPE SOIL - - RETAINING WALL '~~: tee,.. .. =- - __ RI=I 1*'ORCiNG STEEL _ - _ ±~STRUCTIJRAL _ ~:--::_- • -_I~AV~jNGS -" ~-• 'O ..dS __ . __: - ° ~• - _ 4-INCH DIAMETER PERFORATED DRAIN - - " - _.~=.' _. THE PIPE SHOULD BE PIACED - - -_ _ _ _ PIPE. `' • ` ° ' ' ' ' _ IN A TRENCH WITH A SLOPE RANGING - ~ • -' - gE(WEEN 9/16-INCH AND 9/B-INCH 1 •` - _'=- ": =s ~:' ' DROP PER FOOT OF DRAIN. a . :: _ - ..~ .s_ BACKFLLL .a Cp1,~ACTiON PER RFpORn~ • •- ,-• _, , r- -e - '~ ~ '_- •g _ °* .a =_ =~-:----=-:_ =_~ PROVIDE GRAVEL LAYER GALVANIZED SCREFSI - - BEHINp WALL, WASHED OR COARSE GRAVEL CONCRETE AGGREGATE. BEHIND WEEP HOLES _ (ASTM C33, NO. 57 OR 67). ,• - _ °~-- - - WEEP HOLE ..~ .. i ~ Project No. GS~460S-120 - - - -.~= - FOOTING FOUNDATION Typical Earth Retaining Walt Drain >_~. s To: Development Review Committee From: Alex Evonitz, Com. Dev. Engineer Date: April 12, 2006 Re: Lots 2 Moses Lot Split, 8040 Greenline review Attendees; Alex Evonitz, Com. Dev. Eng.; Ben Gagnon, City Planning; Ed VanWalraven, Aspen Fire; Tom Bracewell, ACSD; Brian Flynn, Parks; Blake Fitch, Parking; Stan Clawson, Owner Representative; John Olsen, Contractor; Janver Derrington, Charles Cunniffe Building Deportment - No Attendance; Fire Protection District - Ed VanWalraven; • The project must be sprinkled and have an alarm system. • No parking along Alps Road at anytime during construction. • Class A roof materials, on a Class A Roof assembly. • May be in a high-risk wildfire area so the defendable zones need to be determined an submitted prior to building permit application. Engineering Department - No Attendance; Housing Office - No Attendance; Zoning Officer - No Attendance; Environmental Health - Jannette Murison, e-mail comments; • AIR QUALITY: "It is the purpose of [the air quality section of the Municipal Code 13.08] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..."The Land Use Regulations (Chapter 26 of the Municipal Code) seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". • The land use code states that the Growth management criteria residential: applications need to be consistent with Aspen Area Community Plan provision, Reducing dependency on the automobile is vital for the long- term livability and health of the Aspen area. The AACP envisions a time in the not-too-distant future when the automobile is not the dominant means of moving people in and around the community. The Aspen Area Community Plan seeks a balanced, integrated transportation system for Page 2 of 5 w* ~ „~ April 1, 2006 Moses Lot 2 Lot Split and 8040 Greenline Review residents, visitors and commuters that reduce traffic congestion and air pollution. • Using standard Institute of Traffic Engineers Trip Generation Rates, this development will generate 8 additional trips per day, and 1 pound of PM-10 per day. This development does have measures reducing the dependency on the automobile and is not consistent with the AACP. • In order to comply with the provisions of the land use code, and ensure that the development does not have a pernicious effect on air quality in the surrounding area and the City of Aspen, the Environmental Health Department recommends the following measures be implemented: • Provide covered and secure bike storage for all residents, and that • The Homeowner's Association joins and actively participates in The City of Aspen's Transportation Options Program. • The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments and reminders: • FIREPLACE/WOODSTOVE PERMITS: The applicant must file a fireplace/woodstove permit with the Building Department before the building permit will be issued. In the City of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. • FUGITIVE DUST: Any development must implement adequate dust control measures. • A fugitive dust control plan is required as part of the applicants erosion control plan. A fugitive dust control plan may include, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. A fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment, Air Quality Control Division if this project will last greater • ASBESTOS: Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. • TRASH STORAGE AREA: The applicant should make sure that the trash storage area has adequate wildlife protection. We recommend recycling containers be present wherever trash compactors or dumpsters are located due to the Cit~of Aspen's new Waste Reduction Ordinance, Chapter 12.06. • The applicant is advised that with the new Waste Reduction Ordinance recycling services will be included with any trash hauling service Page 3 of 5 ~°`"° April 1, 2006 Moses Lot 2 Lot Split and 8040 Greenline Review contracted during construction. It is important that the applicant plan for adequate space for recycling during the construction of the project. Recycling services will include the following recyclable material: Cardboard, Co-mingled (plastic bottles, aluminum, steel cans and glass bottles), Newspaper and Office Paper. • NOISE ABATEMENT: Section 18-04-01 'The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and to its visitors. Noise has an adverse effect on the psychological and physiological well being of persons, thus constituting a present danger to the economic and aesthetic well-being of the community. " • During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. • It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. Parking -Blake Fitch; • The Construction Management Plan (CMP) needs to include, material staging, parking limitations as Ed described above, car pool options and use of intercept lot at Brush Creek. Parks -Bryan Flynn; Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be reauired for the bldgpermit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence • Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation. along the back of the property. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the buildinq_permit set. • The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenchingwill be required around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. • An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree Page 4 of 5 April 1, 2006 Moses Lot 2 Lot Split and 8040 Greenline Review permit be approved prior to submission of the building permit. Please contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site. • Protection of the hillside and native landscape: the proposed backfilling and excavation shall be kept to a minimum as outlined during the on site meeting. o A vegetation fence shall be installed along the edge of disturbance on the hillside. o This protection fence must be maintained at all times, storage of materials, project access, construction foot traffic is prohibited beyond this fence. o Restoration of the area along the fence line will be of native quality and approved by the Parks Department. o Supplemental planting in the native area is prohibited unless first approved. • Utility connections: these connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. • The finished landscape plan will need to be submitted and approved by the Parks Department. Plantings should consist of native species indicative of the site. Blue Spruce is not an acceptable planting within the Douglas Fir, Engelmann Spruce and Sub Alpine Fir forest. Applicant shall provide a full landscape plan and planting list for the building permit set. Water/Electric -Phil Overeynder E-Mail Comments; • The existing water service for the log cabin structure will need to be abandoned in accordance with City of Aspen Water Department Standards prior to making the new tap required for the fire sprinkler system. • Any landscaping requiring irrigation and located to the east of their access road that serves Lot 1, is specifically reserved for later review by the Aspen Water Department and is not approved as part of this application. Community Development Engineer -Alex Evonitz; • The current soils report needs to address issues fro the January 20, 1992 letter report as part of the building permits application. • All standard permit requirements for issuance of building permit are required. This generally includes storm drainage report, grading plan...etc. • Excavation Stabilization looks like it will be required. A plan view of wall locations and sectional views of what is proposed need to be part of the permit application. • Please coordinate the professionals working with the team to make the permit submittal a complete and consistent package. Aspen Consolidated Waste District -Tom Bracewell; • Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Page 5 of 5 April 1, 2006 Moses Lot 2 Lot Split and 8040 Greenline Review • ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. • On-site utility plans require approval by ACSD. • Below grade development may require installation of a pumping system. • One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. • Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. • All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. • Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. • Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). • Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. • The existing sanitary sewer services for both Lot 1 and Lot 2 of the Moses Lot Split connect to the Alps private sewer collection system, which in turn then connects to the district's main sanitary sewer system lower in the Aspen Alps road. We would recommend that the applicant upgrade this condition to a new PVC sanitary sewer service or main line that would connect directly to the district's main sanitary sewer system. ~,,, Aspen. Consolidated Sanitation District Paul Smith * Chairman Michael Kelly * Vice- Chair John Keleher * Sec/Treas April 18, 2006 Ben Gagnon Community Development 130 S. Galena Aspen, CO 81611 Re: Lot 2 Moses lot split Dear Ben: APR 1 9 2006 ~: ; a v ~ ~~~T Frank Loushin Roy Holloway Bruce Matherly, Mgr We have reviewed the application for the lot 2 Moses lot split and our comments on the application are .attached. Please call if you have any questions. Sincerely, cr.i`/ ~A~l" h w~ Bruce Matherly District Manager attachments 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 /FAX (970)925-2537 ,,,,., ACSD Requirements -Lot 2 Moses Lot Split DRC 4-12-06 Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that cleaz water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping systefn. One tap is allowed for each building. Shazed service line agreements will be required where more than one unit is served by a single service line. Permanent improvements aze prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hazd landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the azea of concem in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the azea of concern (only for the material cost difference for lazger line). Glycol heating and snow melt systems must be designed to prohibit and dischazge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. The existing sanitary sewer services for both Lot 1 and Lot 2 of the Moses Lot Split connect to the Alps private sewer collection system, which in turn then connects to the district's main sanitary sewer system lower in the Aspen Alps road. We would recommend that the applicant upgrade this condition to a new PVC sanitary sewer service or main line that would connect directly to the district's main sanitary sewer system. ,.w<.. CITY OF ASREN COMMUNITY DEVELOPMENT E7EPARTMENT __ regiment for Pa anen of it" _ t As n e#o tilt A ieatwn __ _ ___ CITY OF ASPEN (hereinafter CTTY) and Gerald Grayson (hereinafter APPL[CANT) AGRETa AS FOLLOWS: 1. APPLICANT hag sutranitted to CTTY alt application fir $040 Grcenlne Review (hereinafter, Tt~[E PR0IECT}. 2. APPLTCANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2400) establishes a fce structure for land Use applications and the payment of all processing Fees is a ccmd'+tion precedent to a determination of appticatian completeness. 3. APPLICANT_ and CTTY agree that because of the size, nature or scope of the proposed project, it is not passible at this time to ascertain the full extent of the costs involved in processing the application. APPLTCANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs rn be billed to APPLICANT on a monthly basis. APPLICANT agrees additional casts may accrue fallowing their hearings and/or approvals- APPLTCANT agrees he will be benefited by retaining greater cash liquidity and will trtake additional payment. upan notification by the C1TY wherrthey are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process AFPLtCANT'S application. 4. C[TY and APPLTCANT further agree that it is impracticable far CTTY staff to complete ptocessing or present sufficient infortnation to the Planning Gammission and/or City Council to enable the Planning CommisslcHl and/or City Council to make legally neguir~ed findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT ads that in consideration of the C1TY's waiver of its right to catltct full fees prior to a determination of application completeness, APPL[CANT shall pay an initial deposit in the amount of 1 20 which is for G how's of Community Development staff time, acid if actual recoc~dect costs exceed the initial deposit, APPLICANT shaltT~ay additionat_monthly billings to CITY to reimburse the CITY for the processing of the _ __ . _ application mentioned above, including past approval review at a rate of $220.OQ per planner hour aver the initial deposit. Such periodic payments shall be made within 30 days oftfie billing dace. APPLICANT furd~eragrees that failure to pay such accrued costs shall be grounds for suspension ofprocessing, an~ n no case will building permits be issued_until atl_costs associated with case prncessing have been paid._ _ CTTY OE ASPTEN T3y_ Chris Hendon Community Development Director g:1su pport\forrn~lagrpay as.doc Bitli~ Address Required lYuasber: IRETAW I:OR PERK R~~~ __ Exhibit B -- 8040 GREENLINE REVIEW: According to Section 26.435.030 of the Land Use Code, no development shall be permitted at, above, or one hundred fifty feet below the 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set below. 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. STAFF COMMENT' Staff believes there are rockfall, mudflow, and avalanche hazards on the site. The Applicant's engineering team has proposed a number of mitigation measures to deal with these dangers. Environmental analyses of the property indicate contaminants in soil on site. The Applicant has proposed a number of conditions to deal with these toxic soils. Conditions of approval are included in the Resolution that address these concerns. If the Applicant complies with all conditions of approval, Staff finds this criterion is met. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. STAFF COMMENT' Staff does not believe the proposed development will have an adverse affect on the natural watershed, runoff, drainage, soil erosion, or have adverse effects on water pollution. A condition of approval has been added requiring the Applicant to submit a grading and drainage plan to the Community Development Engineer. The plan will be required to demonstrate that the development does not result in an increase in the historic runoff from the property. Staff finds this criterion to be met. 3. The proposed development does not have a significant adverse affect on the air quality in the city. STAFF COMMENT: Staff finds that the proposed development will not have a significant air quality impact. A Construction Management Plan (CMP), approved by the City Engineering Department, will be submitted as part of the Building Permit Application. The CMP, will address any pm 10 concerns, will include controls to control engine idling, and will include a fugitive dust plan. Further, the proposed residences on Lots 1 and 2 shall not include coal burning heating devices or woodburning fireplaces.Staff finds this criterion to be met. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. STAFF COMMENT' The driveway was approved as part of the original PUD approval, and received 8040 Greenline approval as part of the PUD review process. The location of the Lots 1 and 2 was also established as part of the original PUD approval. Staff recommended approval of the lot locations at that time because they represented the flattest portions of the site. Staff finds that the proposed development is consistent with this previous finding and that the proposed location of the residential development is appropriate. A condition of approval has been included in the Resolution requiring a retaining wall or berm four (4) feet in height be placed on the Lots to protect the south side of the development from potential environmental hazard related to the surrounding terrain. Staff finds this criterion to be met. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. STAFF COMMENT: As stated above, the proposed development is located on the flattest portion of the site. Further, a condition of approval has been added requiring the Applicant to submit a grading and drainage plan to the Community Development Engineer. This plan will ensure the grading will minimize impacts to the terrain, vegetation, and natural land features. Staff finds this criterion to be met. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. STAFF COMMENT: The location of the lots was determined in the original PUD approval. The Applicant has proposed to use a common driveway, approved by Ordinance 24, Series 2006, to provide access to Lots 1 and 2. Further, the Applicant proposes shared access to individual garages. These garages are located below grade. Staff finds that by using a common access point for the garages and by placing the garages below grade, that the Applicant helps minimize the need for roads and limits the cutting and grading needed to accommodate vehicle access. Staff finds this criterion to be met. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. STAFF COMMENT: Massing controls were included as conditions of approval in Ordinance 24, Series 2006. These included limiting the ridge height and length of the two (2) single- family structures. While the proposed development meets these massing control requirements, it fails to meet the secondary mass requirement in the Residential Design Standards. Staff finds that the proposed design maximizes the bulkiness of the building and that the building fails to blend with the open character of the mountain. The Applicant has chosen to primarily use stone materials for the development. These materials are heavy and bulky, and create a massive structure that does not blend in with its surroundings. The fact that there is little to no material differentiation between the two proposed structures further contributes the sense of bulkiness of the building. The Applicant could remedy this by decentralizing some of the mass through the use of a secondary element. This would do a great deal in ensuring the development blends with the mountain character. Staff finds this criterion is not met. 8. Sufficient water pressure and other utilities are available to service the proposed development. STAFF COMMENT' The proposed development received utility services as part of the original PUD approval. Conditions of approval from the City Water Department and the Aspen Consolidated Sanitation District were included in the original PUD approval, and have been included in this Resolution. Staff finds this criterion to be met. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. STAFF COMMENT' As was discussed above, a common driveway has been approved that will provide access to the residences from Ute Ave. This driveway was reviewed by the Fire Marshall as part of the original PUD, and the Fire Marshal determined the proposed access plan met all Fire Department requirements for emergency service access. Staff finds this criterion to be met. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. STAFF COMMENT' As noted above, the Fire Marshal has reviewed the proposed access plan and has determined appropriate ingress and egress is provided to the proposed development. Further, snow removal equipment is able to access the development. Staff finds this criterion to be met. 11. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Trails Plan are implemented in the proposed development, to the greatest extent practical STAFF COMMENT' Staff finds that the proposed development meets the goals of the AACP with respect to Parks/Recreation/Trails. A trail easement is provided over the lot, and the upper portion of the site is preserved as open space, pursuant to Ordinance 24, Series 2006. Staff finds this criterion to be met. MEMORANDUM TO: Planning and Zoning Commission THRU: Joyce Allgaier, Deputy Director FROM: Jessica Garrow, Planner RE: Ute Mesa PUD (1001 Ute Avenue), Residential Design Standards Variance, 8040 Greenline Review, PUD Other Amendment Resolution No. 9, Series of 2007 -Public Hearing DATE: Apri13, 2007 APPLICANT /OWNER: PROPOSED LAND USE & ZONING: Ute Mesa, LLC No Change REPRESENTATIVE: STAFF RECOMMENDATION: Glenn Horn of Davis Horn, Inc., Staff recommends approval of the PUD Amendment and and Jack Miller, of Miller denial of the Residential Design Standard Variance and Associates 8040 Greenline Review. LOCATION: 1001 Ute Avenue. The property is legally described as MINE, 1741 MINE NAME: ONE THOUSAND ONE PERCENT: 100 ACRES: 0 DESC: ALL SURFACE & MINERAL RIGHTS DESC: SECTION 18-10-84 WEST OF THE 6TH . CURRENT ZONING & USE R-15 (Moderate Density Residential) with a PUD REVIEW PROCEDURE: The Planning and Zoning Commission may approve, approve with conditions, or deny any variance requests from the residential design standards pursuant to Land Use Code Section 26.410.020(D), Variances. 1 The Planning and Zoning Commission may approve, approve with conditions, or deny an 8040 Greenline Review, pursuant to Land Use Code Section 26.435.030(C), 8040 Greenline Review. The Planning and Zoning may approve, approve with conditions, or deny an amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, pursuant to Land Use Code Section 26.445.100(B), Other Amendment. STAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS: Secondary Mass The proposed development is located within the Aspen Infill Area, and therefore must comply with the secondary mass requirement in the Residential Design Standards. The elimination of a secondary mass contributes to the bulky nature of the development. Staff finds the requested variance does not create a better design in the context, and in fact creates a development with little visual or architectural variation or relief. Staff finds that the inclusion of a secondary mass would improve the overall design and would help the proposed development better match the character of the area. Staff finds this review standard is not met. Compliance with this standard is also attached as Exhibit A. 8040 GREENLINE: The property must obtain 8040 Greenline Review approval prior to applying for a building permit. The review ensures development within one hundred and fifty (150) feet of the 8040 elevation line is required to go through an 8040 Greenline Review to ensure development is provided with adequate utilities, have a minimal impact on runoff, air pollution, and reduce the potential for avalanche, unstable slopes, rock falls, and mud slides. The review also ensures development at this elevation blends with the open character of the mountain. The Applicant has addressed the natural hazard potential on the site, and conditions have been included to ensure the potential for avalanche, unstable slopes, rock falls, and mud slides is minimized. Further, adequate ingress and egress is provided to the development. However, Staff finds that the proposed design maximizes the bulkiness of the building and that the building fails to blend with the open character of the mountain. The Applicant has chosen to primarily use stone materials for the development. These materials are heavy and bulky, and create a massive structure that does not blend in with its surroundings. The fact that there is little to no material differentiation between the two proposed structures further contributes the sense of bulkiness of the building. The Applicant could remedy this by decentralizing some of the mass through the use of a secondary element. This would do a great deal in ensuring the development blends with the mountain character. 2 Staff finds the development does not meet the review standards for an 8040 Greenline Review based on Criteria 7, minimizing bulk of the structure and blending the structure into the open character of the mountain. Compliance with this standard is also attached as Exhibit B. PUD OTHER AMENDMENT: The Applicant has proposed that three-hundred seventy-eight (378) square feet of FAR be transferred from Lot 2 to Lot 1. The original PUD approval, pursuant to Ordinance 24, Series 2006, limited each lot to 5,040 square feet of FAR, for a total of 10,080 square feet of FAR. The Applicant has requested the FAR transfer to assign 5,418 square feet of FAR to Lot 1, and 4,662 square feet of FAR to Lot 2. The overall total FAR would remain at 10,080 square feet. Staff finds this request is consistent with the approved PUD, as it maintains the approved overall FAR. The Applicant has also proposed a PUD Amendment to permit a zero lot line development along the internal property line between Lots 1 and 2. This Amendment request has been made to accommodate the development of shared below grade garage access. Staff finds that this request is consistent with the approved PUD, as it enables the Applicant to minimize the amount of impermeable surfaces associated with above-grade garage access. Staff finds this review standard is met. Compliance with this standard is also attached as Exhibit C. RECOMMENDATION: Staff finds that this application meets the applicable review standards for granting a PUD Amendment for the transfer of three-hundred and seventy-eight (378) square feet of FAR from Lot 2 to Lot 1 and to allow for development along the internal lot lines of Lot 1 and Lot 2. Staff recommends against the requested variance from the residential design standards, and recommends against the 8040 Greenline Review. RECOMMENDED MOTION: "I move to approve Resolution No. 9, Series of 2007, approving variances to the residential design standards for secondary mass; approving an "8040 Greenline Review"; and a PUD Other Amendment for the Ute Mesa PUD located at 1001 Ute Avenue. ATTACHMENTS: Exhibit A -- Residential Design Standard Review Criteria and Staff Findings Exhibit B -- 8040 Greenline Review and Staff Findings Exhibit C -- PUD Other Amendment Review and Staff Findings Exhibit D -- Development Review Committee Comments Exhibit E -- Application, Dated December 29, 2006 Exhibit F -Addendum to Application, Dated March 23, 2007 3 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN VARANCES, A PUD OTHER AMENDMENT, AND AN 8040 GREENLINE REVIEW FOR 1001 UTE AVENUE, LEGALLY DESCRIBED AS MINE, 1741 MINE NAME: ONE THOUSAND ONE PERCENT: 100 ACRES: 0 DESC: ALL SURFACE & MINERAL RIGHTS DESC: SECTION 18-10-84 WEST OF THE 6TH, CITY OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO.2737-182-000-63 Resolution #07 - 9 WHEREAS, the Community Development Department received an application from Ute Mesa, LLC, represented by Glenn Horn of Davis Horn Inc., and Jack Miller of Miller and Associates, for a variance from the residential design standards for secondary mass; a PUD Other Amendment for building on a lot line and to permit the transfer of three-hundred and seventy-eight (378) square feet from Lot 2 to Lot 1; and an 8040 Greenline Review; and, WHEREAS, the subject property is zoned R-15 PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the 8040 Greenline Review and Residential Design Standard variance, and recommended approval of the PUD Other Amendment; and, WHEREAS, the all references in the application to Ute Mesa PUD or Ute Mesa Subdivision shall be construed to mean 1001 Ute Avenue; and, WHEREAS, during a duly noticed public hearing on April 3, 2007, the Planning and Zoning Commission approved Resolution No. 9, Series of 2007, by a four to one (4-1) vote, approving a variance to the residential design standards for secondary mass; approving an "8040 Greenline Review"; and, approving a PUD Amendment; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves a variance to the Residential Design Standards for secondary mass, an "8040 Greenline Review," and a PUD Other Amendment; on the property located at 1001 Ute Ave, City of Aspen, Pitkin County, Colorado. Section 2• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final P&Z Resolution. b. A Construction Management Plan approved by the City Engineering Department. The plan shall outline how construction shall address, and minimize the negative impacts of, potentially hazard materials on-site. c. An Access and Infrastructure Plan d. A fugitive dust control plan e. A detailed grading and drainage plan to be reviewed by the Community Development Engineer. Soil from the site will be tested for 8-heavy metals as defined by the Resource Conservation and Recovery Act (RCRA) standard. To determine leachability of the metals, a Toxicity Characteristic Leaching Procedure (TCLP) test will be performed on all 8-heavy metals. As well as TCLP analysis, total concentrations of the 8-heavy metals will also be determined. f. A landscaping plan detailing landscape improvements associated with the avalanche walls Section 4: PUD Other Amendment for Allowable Floor Area The total allowed external Floor Area on Lots 1 and 2 shall be limited to 10,080 square feet, pursuant to the PUD approval in Ordinance 24, Series 2006. A PUD Other Amendment is hereby granted that transfers three-hundred and seventy-eight (378) square feet from Lot 2 to Lot 1, and therefore assigns 5,418 square feet of Floor Area to Lot 1, and 4,662 square feet of Floor Area to Lot 2. Floor Area shall be calculated based on the City land use code methodology in effect on August 14, 2006, the date of passage for Ordinance 24, Series 2006. Pursuant to the PUD approval, 1,400 square feet of Floor Area is allocated for the development of a "for sale" Category 4 affordable housing unit on Lot 3. Section 5: PUD Other Amendment for Development Along a Lot Line A PUD Other Amendment is hereby granted, which permits below grade structures to be built with a zero minimum side yard set back along the shared lot line of Lot 1 and Lot 2. This shall allow for the development of a structure to accommodate the proposed sub- grade parking garage, basement, and driveway, pursuant to plans submitted December 29, 2006 and representations made at the April 3, 2007 Planning and Zoning Commission meeting. The only part of the two structures permitted to share a common wall shall be the sub-grade structures. A minimum distance of twenty (20) feet shall be required between the two dwellings above grade. Section 6: Residential Design The two (2) single-family residences and the one (1) affordable housing unit shall be required to meet the applicable City of Aspen Residential Design Standards pursuant to Land Use Code Section 26.410, Residential Design Standards. A variance is granted from the Residential Design Standards requirement for the two (2) free-market single-family residential structures that ten (10) percent of the mass be located in a secondary mass (Land Use Code Section 26.410.040(B)(1)). Section 7: Massing Controls Pursuant to PUD approvals received as part of Ordinance 24, Series 2006, the following shall apply to the two (2) free-market single-family residential structures: the width of the north-facing facades shall be limited to 120 feet; the overall ridge-height shall be limited to twenty-seven (27) feet above finished grade; twenty (20) percent of the width of the front facades shall be limited to a ridge height of twenty-two (22) feet above finished grade; and non-reflective materials shall be used in construction of the structures. Section 8: Fire Mitigation Fire sprinkler and alarm systems that meet the requirements of the Fire Marshall shall be installed in each of the single-family residences to be constructed within the subdivision/PUD. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System. The residences to be designed and constructed within the subdivision/PUD shall meet the Colorado Defensible Space Standards. Section 9: Landscaping The Applicant shall install landscaping that is consistent with the landscaping plan that is proposed in the application for screening of the retaining wall. The Applicant shall receive a tree removal permit prior to the removal of any existing on-site trees. Further, the Applicant shall work with the Parks Department The Applicant shall provide a financial security to ensure the completion of the landscaping as shown on the landscaping plan in the application is completed prior to a building permit application being submitted on any of the residential units within the subdivision. The site shall be landscaped in the first fall or spring after completion of the site development. Section 10: Toxic Soil Controls and Mine Waste The Applicant shall provide prior to submitting a building permit application on either of the residences, the City with a mine waste testing and handling plan that complies with the following conditions of approval as memorialized in Ordinance No. 25, Series 1994 regarding the handling of any contaminated soils encountered on the property: a. Any disturbed soil or material that is to be stored above ground shall be securely contained on and covered with anon-permeable tarp or other protective barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil. Disturbed soil or material need not be removed if the City's Environmental Health Department finds that: 1) the excavated material contains less than 1,000 parts per million (ppm) of total lead, or 2) that there exists a satisfactory method of disposal at the excavation site. Disturbed soil and solid waste may be disposed of outside of the site upon acceptance of the material at a duly licensed and authorized receiving facility. Soils identified as non-toxic in the RCRA test outlined above in .Section 3, part e do not fall under the toxic handling plan, and are not subject to the above enumerated requirements. b. Non-removal of contaminated material. No contaminated soil or solid waste shall be removed, placed, stored, transported or disposed of outside the boundaries of the site without having first obtained any and all necessary State and/or Federal transportation and disposal permits. c. Dust suppression. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. d. Vegetable and flower gardening and cultivation. No vegetables or flowers shall be planted or cultivated within the boundaries of the site except in garden beds consisting of not less than twelve (12) inches of soil containing no more than 999- ppm lead. e. Landscaping. The planting of trees and shrubs and the creation or installation of landscaping features requiring the dislocation or disturbance of more than one cubic yard of soil shall require a permit as provided in Section 7-143 (4). f. Any contaminated soil or mine waste rock to be left on-site shall be placed under structures or pavement. Soils used in landscaped areas or engineered fills shall be covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm lead. g. Any contaminated soil or mine waste rock that is either disturbed or exposed shall be contained on the property such that runoff does not exit the property or contaminate clean soils existing elsewhere on the property. Section 11: Mudflow Rockfall, and Avalanche Protection A wall or berm at least four (4) feet in height that can withstand forces of at least two- hundred (200) pounds per square foot shall be constructed~in conjunction with development on Lot 1 and Lot 2. The wall or berm shall protect the south-facing facades of the development from rockfall and avalanche danger. Section 12: Water Department Regulations The Applicants shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicants shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. Section 13: Aspen Consolidated Sanitation District The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. The sanitary sewer lines serving the residential properties within the subdivision shall be constructed out of a yellowmite material since adequate separation between the water and sewer lines cannot be maintained under the common driveway. If a glycol heating and snowmelt system is to be installed, the glycol storage areas shall be reviewed and approved by the Aspen Consolidated Sanitation District prior to installation. Glycol heating and snowmelt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. All ACSD fees shall be paid prior to the issuance of a building permit. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Where main sanitary sewer lines are required to serve this new development or the existing publicly owned sewer system requires modification or adjustment, a line extension request and collection system agreement are required. Easements for main sewer lines to be dedicated to the district for future ownership and maintenance shall be dedicated and conveyed to the district using standard district form and language. Section 14: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Sectionl5• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 16• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and "Coning Commission of the City of Aspen on this 3rd day of April, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Ruth Kruger Chair ATTEST: Jackie Lothian, Deputy City Clerk G:\city\Jessica\Cases\1001 Ute\P&Z\1001Ute P7_Reso 04.03.doc APPLICATION Lot 2, Moses Lot Split - 8040, Greenline Review . 23 December. 2Q05 ,Applicant: Little Nell House 2; LLC Location: Lot 2, Moses Lot Split Aspen, CO 81611 An application fog 8040 Greenline Review and Building Envelope amendment. Represented b~: Stan Clauson Associates, Inc.. 200 E. Main Street Aspen, CO 81611 970-925-2323 STAN CLAUSON ASSOCIATES, INC Planning • Urban Design Landscape Architecture 21 December 2005 Transportation studies Project Management Mr. James Lindt, Planner Zoo EAST MAIN SrReEr City of Aspen ASPEN, COLORADO $1611 Community Development Department TELEPHONE: 97O.9ZS.Z3Z3 FAX: 970.920.1628 130 S. Galena Street E-1VlAIL: inCoC~scaplanning.com Aspen, Colorado 81611 Wes: www.scaplanning.com Re: Lot 2, Moses Lot Split - 8040 Greenline Review Dear James: On behalf of Little Nell House 2, LLC, we are submitting this application requesting approval for 8040 Greenline Review and associated reviews to provide a revised design for a single family residence on Lot 2 of the Moses lot Split. The applicant would like to replace the existing log cabin with a new design consisting of 5,000 s. f of floor area. The proposed architectural design compactly sites the building into the southern end of the building envelope and nestles the home into the hillside. Moreover, the mountain contemporary style will fit well among neighboring •structures. Natural materials and curved rooflines are used to blend with the surroundings. In order to develop the proposed residence to minimize visual impacts as much as possible, the applicant is also requesting approval for a building envelope amendment, a variance from the Residential Design Standards, and a grading plan with a greater than 30-inch deviation from existing grade in order to better locate the residence into the hillside. We believe that this application is responsive to all associated code requirements and fulfills the community goal of protecting views as part of the 8040 Greenline Review. We look forward to presenting this project in the public review process. V trul ours, ~~ Stan Clawson, AICP, ASLA STAN CLAUSON ASSOCIATES, INC Attachments: 1. Application packet, maps, and photographs (20 copies) 2. Signed fee agreement 3. Planning fee deposit in the amount of $1,510 ~~ ,, ate,, PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS LAND USE APPLICATION Attachment 1 APPLICANT: Name: Little Nell House 2, LLC Location: Lot 2, Moses Lot S lit (Indicate street address, lot & block number, le al descri tion where appropriate) ParcellD # (RE UIRED 273718256001 REPRESENTATIVE: Name: Stan Clauson Associates, Inc Address: 200 East Main Street Phone #: As n, CO 81611 PROJECT: Name: Lot 2, Moses Lot S lit - 8040 Greenline Review Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Special Review ^ Conceptual Historic Devt. ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ GMQS Allotment ^ Minor Historic Devt. ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ® ESA - 8040 Greenline, Stream ^ Historic Designation ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane Expansion ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Adjustment ^ Text/Map Amendment EXISTING CONDITIONS: (descri tion of existin buildin s, uses, revious a royals, etc.) A log-cabin style residence of #### s. f. currently exists on the property. Previous land use requests were approved for the Property included a 8040 Greenline Review in 1992 and a Rezoning to R-15 (PUD) in 1987. An easement exists allowing the encroachment of Lot 2's wooden deck onto Lot 1. PROPOSAL: (descri tion of ro sed buildin s, uses, modifications, etc.) A contem or mountain-s le residence is ro osed, inco oratin 5,000 s. f. in floor area. The buildin envelo e will be amended to incorporate the southeastern corner. The deck will no longer encroach onto Lot 1. Have you attached the following? ® Pre-Application Conference Summary FEES DUE: $ 1,510 ® Attachment # 1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards Attachment 2 Project Overview Ordinance No. 31 (Series of 1992) approved the 8040 Greenline Review for the residence at Moses Lot Split, Lot 2. This 8040 Greenline approval specifies that if any building design other than the log cabin style is desired, the owner will have to go through aone- step review process with the City Planning and Zoning Commission. The new property owner would like to construct a new building of a different design and amend the building envelope. Therefore, this application requests a revised approval of the prior 8040 Greenline Review. Lot 2, Moses Lot Split, a 1.02 acre parcel, is located in the R-15 (PUD) Zone District, with a portion of the lot in the Conservation Zone. Ordinance No. 31 (Series of 1992) granted an increase in the maximum allowable floor area of Lot 2 from 3,800 s. f. to 5,000 s. f., along with the approval for the 8040 Greenline Review. The approval also gave permanent vesting for the development of a 5,000 s. f. single family residence, plus a 500 s. f. garage per the applicable Land Use Code definition for floor area at the time of approval. City staff has determined that the applicable provisions for floor area matters would be those of the 1988 City of Aspen Land Use Code. The building as shown on the Revised Replatting of Lot 2, dated September 1992, was a "place holder" and was never built. The existing log cabin style structure is the one shown on the Moses Lot Split plat in June 1987. An easement exists allowing the encroachment of Lot 2's existing wooden deck onto Lot 1. This easement will terminate upon the removal of the deck or the redevelopment of the residential structure on Lot 2. Other special dimensional requirements govern the property. James Lindt, a planner with the City ofAspen, issued a City staff opinion that the floor area calculations and exemptions are governed by the land use code utilized in 1992 approvals, as provided in Ordinance No. 31, Series of 1992 (See Attachment #7). Because more than 75% of the lot is located in the R-15 (PUD) Zone District, the residential use must otherwise follow the dimensional and off-street parking requirements of the R-15 (PUD), per the Aspen Land Use Code. As part of the 8040 Greenline Review, a variance from the Residential Design Standards is requested. The proposed compact architectural design does not provide for a secondary massing as required by Section 26.410.040(B) of the Residential Design Standards. The proposed design is intended to minimize the footprint and visual impact of the new residence by consolidating the residence toward the south end of the amended building envelope as much as possible and nestling the structure into the slope. The amended building envelope will be increased by 922 s. f. and squared off at the southeastern corner to fill in an existing "notch," which takes up valuable buildable area of slopes of under 15%. There is no current reason for this notch to be excluded from the building envelope. Extension of the building envelope to include this area will allow better siting of the proposed single-family home. In return, the northern part of the building envelope will be squared off and reduced by 710 s.f. This amounts to a net gain of 212 s.f. to the building envelope. However, this net gain does not affect floor area or place the building location in a new part of the lot. It does result in a more rational and useful building envelope. A narrative and visual elevations are provided with this application to respond to visual and siting criteria as part of the 8040 Greenline Review. Land Use Code Standards 26.435.030 8040 Greenline review. A. Applicability. The provisions of 8040 Greenline review shall apply to all development located at or above 8040 feet above mean sea level (the 8040 Greenline) in the City of Aspen, and all development within one hundred fifty (150) feet below, as measured horizontally, the 8040 Greenline, unless exempted pursuant to Section 26.435.030 (B). Development on land located in the R-15B Zone District is not subject to the 8040 Greenline Review. C. 8040 Greenline review standards. No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls, and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. Response: The parcel and building envelope are suitable for development and have been previously approved for development. The current log-style house is situated on the 1.02 acre parcel. This application proposes that the building envelope be expanded by approximately 922 s. f. at the southeastern end and diminished by 710 s. f. at the northern side in order to allow better placement of the new building on the site. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. Response: The proposed home will contain all of its runoff with appropriate mitigation measures. It will not cause any adverse impacts with respect to drainage or erosion, or have any consequent effects on water pollution. 3. The proposed development does not have a significant adverse affect on the air quality in the city. Response: The proposed single family residence will replace an existing residence and therefore not have any additional effect on air quality. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Response: The proposed architectural design of the single family home is compatible with the surrounding terrain. It uses natural building materials, and the style is today common throughout mountain communities. Roads to the site are in place, and there will be no significant effect on the adjacent terrain. Please see a description of the design in response to Criterion 6, below. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. Response: In order to lessen the visual impact of the structure from the street, the new architectural design calls for the residence to be built into the hillside and to blend in with the treed slopes. As a consequence, the applicant requests that grading in excess of 30"deviant from existing grade be allowed as shown on the attached grading plan. The grading required will be minimized to create the least amount of disturbance to the terrain, vegetation, and natural land features. This site had been `benched'or cut at some point in the past, and existing grade is clearly substantially lower than where historic grade would have been. Finish grade must be brought up on the west and south sides of the house in order to match historic grade and provide for an at-grade patio behind the house. The proposed patio will extend from the upper level living room to the west until natural grade is encountered. The architectural design engages the existing hillside on the west without any substantial cut being necessary. This design strategy will break down the mass of the building and aids in blending the project into the hillside from both the north and south elevations. Please refer to the grading plan (Attachment #12.) 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. Response: Only a single family dwelling is proposed in a design that strives to limit the footprint to a compact area at the southern end of the building envelope. The proposed residence will continue to use existing roads leading to the residence, but a new driveway access is proposed at the north side of the building envelope. The new driveway will not intrude into the building envelope as much as the existing access, and thus will optimize the buildable area. As a result, the garage will be situated at the northern end of the envelope. To further preserve the mountain as a scenic resource, the updated architecture will be mountain contemporary style, where natural materials and curved roojlines will be used. The exterior materials are proposed to include a large amount of stone veneer particularly at the base of the volumes, with horizontal wood siding on a large area of the garage, study, kitchen, foyer and master suite. The living/dining volume will employ a large amount of glass to engage views to the east and south. This glass is to be balanced with a heavy timber structural system and a large stone masonry mass on the south elevation containing an indoor and outdoor fireplace. Alight guardrail made of steel, glass, or cable, or a combination of the three will surround the terrace on the _. ._: ,,,...,o,..~.~..w.~..H.~ :. South. Exposed steel and timber connections and accents are to be employed throughout the design. Roofs will consist ofnon-reflective materials. The site design includes large random rectangular blocks of stone that serve as landscaped stairs to and from the `at grade 'patio on the west side of the project, and also provide access to the elevated entry porch. Heavy planting of trees and shrubs particularly on the north and south elevations is planned to screen the project from adjacent homes. The architectural design intends to blend the house into the hillside and engage the existing hillside on the west without any substantial cut being necessary. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Response: The proposed design is in character with the mountain terrain. The new residence will be nestled into the hillside, which will lessen the visual impact from the road and neighboring residences. The proposed building envelope changes will allow the home to fit compactly into the south end of the envelope. Moreover, the 5, 000 s. f. residence will be a moderately contemporary house incorporating more linear roof forms, a vaulted covered entry, and a similar vault over the living/dining room volume. The front elevation is broken up, using waterproof decks over the garage and a guest master bath to provide single story elements on both the north and south ends of the house. Amid- level covered front entry also contributes to the variety of forms on the front elevation and also serves as an additional single story element. To minimize the building footprint, the proposed compact architectural design does not provide for secondary massing as provided in the Residential Design Standards, of at least 10% of the residences "total square footage above grade in a mass which completely detached from the principal building, or linked to it by a subordinate connecting element. " A variance from the Residential Design Standards is requested to allow the proposed compact design. First, this parcel is located at the very edge of the `Aspen Infrll Area 'and is a great distance from the West End, where this section of the code is most specifically applicable. Second, in introducing a linking element and a secondary mass, this would increase the footprint of the concept substantially as well as forcing the layout into the area of the building envelope on the north that is proposed to be vacated. Third, this building site is relatively remote and essentially "end of the road " and the house will not be visible from anywhere below the top of the S. Aspen Alps access road. Finally, the required secondary mass would increase the visual impact which the proposed compact design aims to diminish. 8. Sufficient water pressure and other utilities are available to service the proposed development. Response: Sufficient water pressure and other utilities are already available. The proposed building will use the same utilities that serve the current house and neighboring residence. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Trails Plan are implemented in the proposed development, to the greatest extent practical. (Ord. No. 55-2000, § 7) Response: Well-maintained roads already serve the proposed building site. Anew driveway is proposed to access the new residence, which enters the building envelope at the north end. It will allow adequate access for fire protection and snow removal equipment. Residential Design Standards suggest that the new residence should engage the curvature of S. Aspen Alps Road perpendicularly. However, the location of the building envelope precludes this possibility. It is our understanding that staff concurs that the building envelope does not permit compliance with this provision. The proposed residence will not disturb any surrounding trails or open space. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lot 2, Moses Lot Split Applicant: Little Nell House 2, LLC Location: Lot 2, Moses Lot Split Zone District: R-15 (PUD) Lot Size 1.02 acres Lot Area: 1.02 acres (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: D Proposed: 0 Number of residential units: Existing: 1 Proposed: 1 Number of bedrooms: Existing: 2 Proposed.• 5 Proposed % of demolition (Historic properties only): n/a DIMENSIONS: Floor Area: Existing: _866 s. .Allowable: _S 000 s. .Proposed: _ S 000 s. . Principal bldg. height: Existing.• 19 t Allowable: 25 t _Proposed.•_ 25 t _ Access. bldg. height: Existing:- n/a Allowable:- n/a Proposed.•n/a On-Site parking: Existing: 2 Required: 2 Proposed: 2 __ Site coverage: Existing:- n/a -Allowable:- n/a _Proposed: n/a Open Space: Existing:- rz/a -Allowable:- n/a _Proposed.• n/a Front Setback: Existing: 30 t=Required: 25 t= _Proposed: _30 t_ Rear Setback: Existing: _112 t_Required: 10 t _Proposed: 40 t_ Combined F/R: Existing: 142 t Required: 35 t Proposed: ~ _70 t Side Setback (N): Existing: 95 tRequired: 10 t Proposed: 38 t _ Side Setback (S): Existing: ~ -Required: 10 t___Proposed: I S t _ Combined Sides: Existing: 100 t -Required: 20 t _Proposed: 53 t_ Distance Between Existing: rz/a Required: IOft Proposed.• n1a Buildings • Please note, due to the odd shape of the property boundaries, the setbacks on all sides vary. Existing non-conformities or encroachments: The deck of the existing house encroaches upon Lot 1, Moses Lot Split. It will be removed with redevelopment of the property. Variations requested: Variance from the "Secondary Mass" requirement of the Residential Design Standards, amendment to the buildin envelope, and permission to grade over 30 inches. Attachment 4 MEMORANDUM CHARLES CUNNIFFE ARCHITECTS 1901 Pine Grove Rd. Ste. 202 Steamboat Springs, CO 80487 970/875-0590 970/875-0501 FAX TO: James Lindt FROM: Tim Stone DATE: 12.16.05 PROJECT: Ajax Residence JOB NO.: 0545 REGARDING: Variance request To Whom It May Concern: ARCHITECTURE PLANNING INTERIORS We are requesting a variance to Section 26.410.040(6) of the Residential Design Standards of the City of Aspen Municipal Code for the above stated project. The section in question reads: B. Building Form. The intent of the following building form standards is to respect the scale of Aspen's historical homes by creating new homes, which are more similar in their massing, by promoting the development of accessory units off of the City alleys and preserving solar access. 1. Secondary Mass: All new single family and duplex structures shall locate at least 10% of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. This standard shall only apply to parcels within the Aspen Infill Area pursuant to section 26.410.010(8) (2). Accessory buildings such as garages, sheds and accessory dwelling units are appropriate uses for the secondary mass. A subordinate linking element for the purposes of a secondary mass shall be defined as an element not more than ten feet wide and ten feet long with a plate height of not more than nine feet. Linked pavilions six feet in width and ten feet in length shall be exempt from section 26.575.020(A) (8). We feel that this project has unique conditions that warrant granting a variance to this section of the Municipal code. The arguments for this proposed exception are many. This parcel is located at the very edge of the 'Aspen Infill Area' and is a great distance from the West end for which this section of code was written. This request is also closely related to our proposed building envelope revision as we plan to give up the indicated section on the North in `trade' for the `notch' on the South, which has proved to be a difficulty in site design. In designing under the premise that this `notch' in the building envelope can be removed, we have arranged a floor plan that fits as compactly as possible in to the South end of the envelope. In introducing a linking element and a secondary mass, this would increase the footprint of the concept substantially as well as forcing our layout into the proposed area of the footprint on the North that we propose be vacated. We also feel that this more compact concept would have a lessened street presence as opposed to the 20-30% increase in elevation area we would see if we were to comply. We have made great efforts to comply with the remaining sections of the Residential Design Standards and I think we have been successful in doing so with this project. Please refer to the attached graphics for clarification with this request. Secondly, we would also like to ask for consideration to permit grading in excess of 30" deviant from existing grade on this particular site. As you know, this site has been 'benched' or cut at some point in the past, and existing grade is clearly substantially lower than where historic grade would have been. This condition has proved to be very difficult from a site design standpoint. Our intent, from an architectural standpoint is to `nestle' this project into the hillside in an attempt to lessen the visual impact from the street. However, in order to do so, finish grade must be brought up on the west and south sides of the house in order to match historic grade and provide for an at grade patio behind the house. If you refer to the grading plan provided, you will see that the proposed patio extends from the upper level living room to the West until natural grade is encountered. We feel this strategy helps to break down the mass of the building and aids in blending .the project into the hillside from both the North and South elevations. Please consider the grading shown on the grading plan and the item of secondary mass as a component our 80-40 green line review package. Thank you for your consideration of these points as they relate to your decision with this variance application. Regards, Tim Stone CCA BY: COPIES TO: MEMORANDUM CHARLES CUNNIFFE ARCHITECTS 1901 Pine Grove Rd. Ste. 202 Steamboat Springs, CO 80487 970/875-0590 970/875-0501 FAX TO: JAMES LINDT FROM: TIM STONE DATE: 12.22.2005 PROJECT: AJAX RESIDENCE JOB NO.: 0545 REGARDING: MATERIALITY OF PROPOSED AJAX RESIDENCE NARRATIVE Attachment S IC:IA ARCHITECTURE PLANNING INTERIORS NOTES: This proposed residence is to be a moderately contemporary house with the use of more linear roof forms, a vaulted covered entry, and a similar vault over the living/dining room volume. We have employed several strategies to break up the front elevation, which include using waterproof decks over the garage, and guest master bath to provide single story elements on both the North and South ends of the house. Amid- level covered front entry also contributes to the variety of forms on the front elevation and also serves as an additional single story element. The exterior materials are proposed to include a large amount of stone veneer particularly at the base of the volumes with horizontal wood siding on a large area of the garage, study, kitchen, foyer and master suite. The living/ dining volume will employ a large amount of glass to engage views to the East and South from this site. This glass is to be balanced with a heavy timber structural system a large stone masonry mass on the South elevation containing both an indoor and outdoor fireplace. Alight guardrail made of steel, glass or cable or a combination of the three should surround the terrace on the South. Exposed steel and timber connections and accents are to be employed throughout the design. The vaulted roofs will be of non-reflective materials. The site design consists of large random rectangular blocks of stone that serve as landscaped stairs to and from the 'at grade' patio on the West side of the project and also provide access to the elevated entry porch. We intend to employ heavy planting of trees and shrubs particularly on the North and South elevations to screen the project from adjacent homes. We hope to blend the house into the hillside as mentioned in the additional variance request and intend to engage the existing hillside on the West without any substantial cut being necessary. BY. TS COPIES TO: GERALD, SCA, CHARLES Attachment 6 26 July 2005 Mr. James Lindt, Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 Re: Lot 2, Moses Lot Split Dear James: STAN CLAUSON L~JJVl.1t11LJ, t,L~. Planning • Urban Design Landscape Architecture Transportation Studies Project Management 2OO EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE: 970.925.2323 FAX: 970.920.1628 E-MAIL: info@scaplanning.com WEB: www.scaplanning.com On behalf of Gerald Grayson, we are formally requesting that the City of Aspen Community Development Office confum the following: the floor area calculations and exemptions for Lot 2, Moses Lot Split are calculated based on the land use code used in 1992 per Ordinance No. 31 (Series of 1992), approving the subdivision and vested rights for Lot 2 of the Moses Lot Split, or per the City Attorney's interpretation, the current floor area calculation methodology could also be utilized since the code has since been updated. It is also our understanding that the 8040 Greenline approval that is in place is an approval of a specific architectural design which we are also asking to be confirmed. This 8040 Greenline approval entails that if any building design other than the log cabin style is desired, the owner will have to go through aone-step review process with the City Planning and Zoning Commission_ In particular, this interpretation is based on Section 3 of the ordinance, which states that the Ordinance "hereby grants Vested Rights in perpetuity for this subdivision, lot line adjustment, and 8040 Greenline Review including a 5,000 square foot single family residence (allowable floor area which includes exemptions allowed for in Chapter 24 of the Municipal Code)." Based upon our research, it appears that the land use code used in 1992 by the City of Aspen was the 1988 Land Use Code with the subsequent revisions and amendments up to 1992. For your reference, I have attached a copy of Ordinance No. 31 (Series of 1992). Please let me know if you need any further information. Very truly yours, Tanya Stevens STAN CLAUSON ASSOCIATES, INC Confirmed BY - ~-~-~ J Lindt, Planner Date ,z Ci y of Aspen Community Development PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS _. Attachment 7 ~~35201~ 12/ 1 Q/92 14~: ?3 Fiec ~4~. c_~U L-~k:: 698 F'G 141 Silvia Davis, F'itk:in Casty Cler~~:, Dac ~.~~~> _ ORDINANCE NO. 31 ~'~ (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION FOR LOT 2 OF THE MOSES LOT SPLIT, A LOT LINE ADJUSTMENT BETWEEN THE MITCHELL PARCEL AND THE MITCHELLjBORNEFELD PARCEL, AND VESTED RIGHTS FOR 8040 GREENLINE REVIEW, BUBDIVISION, AND THE LOT LINE ADJUSTMENT ALL LOCATED ON ASPEN ALPS SOUTH ROAD, CITY AND TOWNSZTE OF ASPEN TaHEREAS, pursuant to Sections 24-7-503 and 24-7-1004 C of the Municipal Code the applicant, Moses Aspen View Homesite, Inc., the Aspen Alps Condominium Association and George Mitchell have submitted an application for subdivision of Lot 2 of the Moses Lot Split and a lot line adjustment for the Mitchell parcel and the Mitchell/Bornefeld parcel all located on the Aspen Alps South Road, City of Aspen; and WHEREAS, pursuant to Section 24-6-207 of the Municipal. Code, the applicant has alto requested Vested Rights of the subdivision and lot line adjustment and 8040 Green ine; an WHEREAS, at a duly noticed public. hearing held April 7, 1992, the Planning and Zoning Commission reviewed the 8040 Greenline and Subdivision proposal; and WHEREAS, the Commission approved the 8040 Greenline review {see Commission Resolution 6 (1992), Exhibit A attached hereto and incorporated herein); and WHEREAS, the Commission also recommends to the City Council subdivision approval for Lot 2 Moses Lot Split; and WHEREAS, the subdivision of Lot 2 eliminates the floor area capof 3,800 square feet that was originally imposed upon Lot 2 during the 1987 Moses Lot Split; and WHEREAS, the applicants have offered to voluntarily prohibit all future development on Lots 2A and 2B of the new subdivision as created herein, consisting of approximately three acres of valuable open space and an existing tennis court area, in exchange for the City granting permanent vesting for the development of a 5,000 square foot (allowable floor area) residence upon Lot 2 within the subdivision; and WHEREAS, the existing underlying zoning for the subdivision allows for the construction of a single family residence of 5,000 square feet (allowable floor area) on Lot 2; and WHEREAS, the City Council has determined that the neighborhood and community at large will derive a significant benefit from the i 1 i ~#:~5 ~f1~ 1?t 18/9? 14 e ^~ Rec ~4~. i~c_~ L~1•': b9e F`C-; 142 Silvia Davis, F'it.k:in Cnty C1cF^k:, Doc ~.i~ii permanent preservation of remaining open space within the City; and WHERTsAB, the City Council may grant vesting of site specific development plans for periods in excess of three years where warranted in light of ail relevant circumstances in accordance with C.R.S. Section 24-68-104(2); and WHEREAS, subdivision and lot line adjustment were reviewed by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COhORADO: Section 1 That it does hereby approve the Moses Lot 2 Subdivision as recommended by the Aspen Planning and Zoning Commission consisting ' of Lots 2, 2A, and 2B, Aspen Alps South Road, City and Townsite!of Aspen subject to the following conditions: 1. Simultaneous with .the recordation of the final plat, Lots2A. and 2B shall be conveyed to the Aspen Alps Condominium Association subject to deed restrictions in favor and for the benefit of the City of Aspen permanently prohibiting any future development on said lots. Further development 'shall include the application;or crediting of the lots toward additional lot area for floor area, bedrooms and density purposes for all existing or future Aspen Alps ,_ Condominium Association buildings. For Lots 2A and 2B, further development shall include additional f loor area, bedrooms and density or major new recreational facilities such as tennis courts and swimming pools. The deed restrictions shall be reviewed and approved by the City Attorney. 2. A final plat and subdivision agreement shall be filed within 180 days of final land use approval by the City Council in the Pitkin County Clerk and Recorders office. The final plat shall': be reviewed and approved by the Engineering and Planning Departments. 3. The final plat shall depict the following: a. Lots 2, 2A and 2B; ' b. that Lots 2A and 2B are restricted against any further development or additional lot area for floor area, bedrooms and density purposes for all existing and future Aspen Alps Condominium Association buildings. The documents restricting Lots 2A and 2B shall be referenced by the Book and Page number. c. the new access onto Lot 1 Moses Lot Split; ~, u d. graphic description of the zoning designations for Lat 2; 2 #35'?t} 1 ~ i ~ / f 8! 9~ 14 : ~3 f;ec X45. t?tj Rk; 698 FG 143 Silvia Davis, F'itE:in Cnty Cler-F-:, Doc ~.~~t? e. no parking allowed along the Aspen Alps South Road unless approved by the Fire Marshal; ~~ f. an easement indicating Lot 2 access off of the Aspen Alps South Road. g. all improvements on Lot 2 including the entire length~of the actual access road and the revised access easement including the roadway surface; h. the contents of the final plat must meet Sections 24-7- 1004-D.1 and -D.2 of the Municipal Code. There must be a statement by the surveyor, either in a surveyor's certificate or in a general note, that all easements of record have been shown on the plat. The date must be within the past 12 months, i. in the event any of the applicants obtain title to the USFS Tract as depicted on the plat they shall deed restrict said tract against all development. Said deed restriction shall be in favor and for the benefit of the City of Aspen and shall be approved by the City Attorney. 4. The width of the access easement to Lot 1 Moses Lot Split across Lot 2 shall meet code requirements (20'}. Section 2 ~~~ That it does hereby approve the Lot Line Adjustment between the Mitchell parcel and the Mitchell/Bornefeld parcel (to be conveyed to the Aspen Alps Condominium Association) on Aspen Alps South Road with the following conditions: 1. The lot line adjustment between the Mitchell parcel and the Mitchell/Bornefeld parcel (to be conveyed to the Aspen Alps Condominium Association) shall be depicted on the final subdivision plat for Moses Lot 2. 2. The final plat shall contain a note stating that no additional floor area shall be granted due to the increase in lot size of the Mitchell parcel. section 3• That it does hereby grant Vested Rights in perpetuity for this Subdivision, Lot Line Adjustment, and 8040 Greenline including a 5,000 square foot single family residence (allowable floor area which includes exemptions allowed for in~ Chapter 24 of the Municipal Code} as approved by the Commission on April 7, 1992, (please see Resolution 6 (1992}, Exhibit A attached hereto and incorporated herein) with conditions as follows: 3 t #3i^<_313 1~ /18/57? 14: y3 Ftec X45. Qi> F.;k:: b9$ PG 144 C t C1 erE~ Dac_ ~. tjt~ Silvia Dav7.s, F~tE:.in n y ~~ --- --- --- 1. Any failure to abide by the terms and conditions attendant to this approval shall result in forfeitureiof said vested rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of vested rights. 2. The approvals as granted herein are subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance ;or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of the 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: The 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 development 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: If any section, subsection, sentence, clause, phrase or portion'of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions 4 #35~{~i3 1211$/9 1:23 Rec ~45.t'~? Nh~: 649 F'G 145 Silvia Davis, Pitk:in Cnty Clergy:, Doc ~.~7C> ~.. thereof. Section 6: This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: ~J A public hearing on the Ordinance shall be held on the ,2(~ day of~t__G at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Asp Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,by th Citx Council of the City of Aspen on the o7 j day of 1992 . .. ~ ~~ ~~~~ ~~ ~ ~~~~ ~~~ John Bennett, Mayor AST ~~., , ~. ~.~: :, Ra~21 r • c Roah, City Clerk ~ ,'~~`. C~d~ .::.: 04 ,` . .A~'LY, adopted, passed and approved this ~ day of ~' i ;,.. 0~ q s 1992. (3 John Bennett, Mayor ch, City Clerk C,j~~~~~~~`~Ad0 5 4" Attachment 8 ORDINANCE NO. ~= (Series of 1987) AN ORDINANCE REZONING APPRORIMATELY ONE ACRE OF LAND GENERALLY LOCATED SODTHEAST OF THE ASPEN ALPS CONDOMINIIII~iS EAST OF THE SILVER QDEEN GONDOLA AT THE BASE OF ASPEN MOIINTAIN, THE CITY OF ASPEN, PITRIN CODNTY, COLORADO . FROM C (CONSERVATION) TO R-15 PDD (RESIDENTIAL) WHEREAS, an application has been submitted by the Gaard Moses family to rezone to R-15 (PUD) a one acre parcel of land generally located on the old Midland Railroad spurline, southeast of the Aspen Alps, east of the Silver Queen gondola and specific- ally described in Attachment 1; and WHEREAS, the parcel is presently zoned C (Conservation); and WHEREAS, as part of the rezoning request, the Moses family has submitted a subdivision exception request for the purposes of creating two lots; and WHEREAS, at a duly noticed public hearing held on January 28, 1987. The Aspen Planning and Zoning Commission did recommend that the subdivision exception and rezoning be approved; and WHEREAS, the application has been found to be generally consistent with Section 24-12.5 of the Land Use Code which. establishes criteria for rezoning; and WHEREAS, the City Council has found that due to the existing topography of this particular site east e of the Little Nell ski run, the old Midland Railroad spurline rather than the 8040' ` elevation line is a logical dividing line between the C (Conser- vation) zone and residential districts; and WHEREAS, the Aspen City Council has considered the recommen- dation of the Planning and Zoning Commission and has determined the proposed rezoning to be compatible with surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CODNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby rezone to R-15 PUD the area generally located southeast of the Aspen Alps Condominiums, east of the Silver Queen Gondola at the base of Aspen Mountain (specifically described in Attachment 1). Section 2 That .the Zoning District Map be amended to reflect the rezoning described in Section i and the City Engineer's authoriz- ed and directed to amend the map to reflect the zoning change. Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4 If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by and court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 A public hearing on the Ordinance shall be held on the ~ 3 day of~•4_.C_Ry 1987, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODOCED, READ AND ORDERED published .as provided by law by the City Council of ~~,e %ity of Aspen on the 23rd day of February, 1987. \ ~ ~~~. William L. Stirling, May , ATTEST: l Rathryn Roch, City Clerk FINALLY adopted, passed and approved this ~3 day of ~J 19 87 . William L. Stirling, Ma'or ATTEST: Rathryn S Roch, City Clerk gh.49 Attachment 1 Legal Description i A tract of land situated in Section 18, Township 10 South, Range 84 West of the Sixth Principal Meridian, being part of the Little Nell Mining Claim MS 3881 AM described as follows: Beginning at corner no. 5 MS 3881 (Little Nell) thence North 43028' 44" East 136.76 feet along the Line 5-4 MS 3881; thence South 43028'44", East 203.47' to line 1-4 MS 1830 AM (Chance); thence South 45000' West 297.01' feet along line 1-4 MS 1830 AM (Chance); thence North 05019'34" West 259.54 feet to the point of beginning containing 1.0 acres more or less. J~~' ° J N U ~~ I d ,/l -~ 5 f _,;~ ~ ~`s:. ,., a~~_ . ~~ .A I I E - ,, I, a, ,..- w ~~ i ; ~.o~ d /O~U `-+~. J Q •~~~ 1 MN 1 U ry o ~~ V I O W C - N C N fO m 0 vl m c ' z ~ ~' =' t ~ (0 U ~ T O 3 ~ m ~ o a~ ~ c N o ~ ~ ~ ~ 1 °' ~~~~ . _ N Q L N (V ~ ~ ~ w ~ N c n lL c ~ ~ y p ( O ~i c c 3 a ~ <° ~ 'o N N a Y ~ ~ a n a o ~ o ~ ~ _w r :;~- U~ ~''Q~ w( } ` m in. Q ~o 1 '~- ~ o w',, z Y $F,° ~ \, ~U ~ rn U~ U QaDQ to m a ~~ +Q N 3 NO S. U W .z w -_ ~ c >d~, a , _ mU - ",g ~< ~ a o NON o ~G~ G G~': N 5~ i ,~~_ 3., _~.. __ j a .- o~ ZmN sow }tea w_ >N~ U V ,` Q w w° W W ~ma `_^~ U ~ p ~ N 3 ~~-~^^- /T~\ V v0 ~ y a N a o 'o ~ ,w Q ~ ° Z ~;~ ~,m w,~.w~ Z ~. N o~ra ~ a -- - ~ ~ O' ' z ~ U -------- p~ _ _ W _ __~ °~ ~ in. ~ :~ -___~ ' ~ ~' _ O. Q, ~ '_ N~ w ^ Q Q ~ w ----,~ N a ~ =~Q u; wow i °w ~~ Wmo ~ UNU Q 0 Q N U ' ~ W m ~ «~ ~ : >NO k ~ l Z IoW OvQ U`h° 2~n N N N Z W a N i U Z a~N UU $U m Attachment 9 \LL w ~Q N~ w ~ma z~~o Y m ~? V-NN d Y LJ.. a 0 c a~ E s ~o °~7s' _... __._.__.__ DW -+- ®®~ F ~ i0~ uTii_~r7 ~v..nnff,N7 Y 1• 13 ~2 \''~ ~. ~ ~~ "'tea ! ,. - - ~, ~ ~s EDGE AP GRAVEL 'xYS •, ~ :4 ` 28' <4"E. 20J, 47 r v+ 6 W I _~ ~ \.- ~ ~ trrp, IIO N'iS '~. t DHCK l rO ~ Sao ;~ DECK ~, I STORY WOOD HOUSE i yE'~ Q ~~ =% ~ ~/ • "E378 T. a.M. I aa:o' ~,, r ~~ -~ .... ~. ~.,~ ,, .\~ i~ :~. J: 13J •J ~. % ? 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EZ919 O~'37VON08NVJ • Z£Z 311f1S .'1S NIVW ZOS LS54'OZ60C6 ~xvi . 06SSiZbOL6 3131 11918 OJ'N3dSl • 3AV NVV4AFI .t6Y3 Ol9 wog •a,~}! u una •n~wnnn S.L~311 H~2/b' 3~Ijl NN(l ~ S3721 t/H~ Od~d21010~ N3dSd C7t/021 Shcd N3dSd 'S a91 ~~N3CI(IS32! Xdld X12/ t~NIW l .... s ~ ,s ~ j <~I~ ry~`7 Q ~ b D ~ 2 4 . _~.-...- .._. .........._.. _ ..... ....... .............._ ~ 1 z ~ J~~ J J UIu J ~It-F F a ~ 0 ~ ~ 0 *i 1~ Z O d w~ J'~ w O N ~r ~', ,~ ,~ z 0 Q } w w ~- O z Attachment 14 CITY OF ASPEN CITY ~ ASPENI HREI`I' PAID WRETT PAiD p ATE REP NO. ~ P"~s R~ ~K3oK ~ ~~td~ ~ t5~'13 n H WHEN RECORDED RETURN TO: r Name: Little Nell House 2 LLC, a Colorado limited liability company ~QC, l"'~sZ. Address: ] 444 Lower River Road ~ 1 , „~ ~ ~ ~ Snowmass, CO 81654 `T WAP:RANTY DEED THIS DEED, made this 22nd day of August, 2005, between Ajax Lot, LLC of the said County of Pitkin and State of Colorado, grantor, and Little Nell House 2 LLC, a Colorado limited liability company whose legal address is 1444 Lower River Road, Snowmass, CO 81654 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other ,r, good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, N has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado a described as follows: w H v Parcel A: Lot 2, as shown on the Replat of Moses Lot Split (A Lot Line Adjustment) and Final Subdivision of the George P. Mitchell and H.A. Bomefeld, Jr. Property according to the Plat thereof recorded ~~.. September 3, 1992 in Plat Book 29 at Page 65 as Reception No. 348317. r° M~ ~~ ~°G County of Pitkin, State of Colorado also known by street and number as: 900 S Alps Rd., Aspen, CO 81.611 513778 1I111 05922/2005 04:24F I ``~~I~~ 41~ lll~ yy II ~I~~ I 50 I~I~II `` ~I~~1 43fi yy II~~~~ 0 ``II 11ti1 .0 ~1~~~ 0 ~~11~~ R 26 ~~~ SILVIA DAVtS PITKIN COUNTY CO File Number 43920-C3 Stewart "Title of Aspen. Inc. Warranty I7eed -Photographic Record (Extended) Page 1 of 2 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN W ES WHEREOF, the grantor has executed this deed on the date set forth above. Ronald Hochfield, as Nt+ciN for Ajax Lot LLC STATE OF Colorado COUNTY OF Pitkin The foregoing instrument was acknowledged before me this 22nd day of August, 2005, by Ronald Hochfield, as for Ajax Lot LLC My commission expires April 21, 2007. Witness my hand and official seal. Notary Public: Druci Fillingham 513778 I I~'lll ~~III'~II'I 1111{{ ~i4~~ 111 ~I~'ll lil ~~II~ Il~~ 1~lI 08822/2805 04:24F File Number: 43920-C'3 SILVIR DRVIS PITKIN COUNTY CO R 26.00 D 436.50 Stewart Title of Aspen, Inc. warranty heed -Photographic Rxord (Extrnded) Page 2 of 2 EXHIBIT 1 EXCEPTIONS Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public RecordsJ. 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5_ Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2005 and subsequent years not yet due and payable. 7. Reservations and exceptions as contained in United States Patents recorded in Book 13b at Page I73 and recorded in Book 175 at Page 213 as follows: "That the premises hereby granted, with the exception of the surface maybe entered by the proprietor of any other vein or ledge, the top or apex of which lies outside of the boundary, should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and right of way thereon for ditches and canals constructed by the authority of the United States as reserved in United States Patents recorded Book 136 at Page 173 and in Book 175 at Page 299. 9. Reservation of all the minerals, m ineral d eposits, m ineral o ils a nd n atuual g ases o f e very kind and nature, together with the right of ingress a nd a gress f or t he p urpose o f m fining, drilling and exploring said land for minerals as reserved in Deed recorded April 28, 1961 in Book 193 at Page 595 as Reception No. 111295. 10. Terms, conditions, obligations, provisions and easements of Easement by and between the Board of County Commissioners of Pitkin County, Colorado and George P. Mitchell and H.A. Bornefeld, Jr. as set forth in instrument recorded December 20, 1965 in Book 217 at Page 593 as Reception No. 122970 and recorded August 1, 1968 in Book 235 at Page 722 as Reception No. 131762. 513778 ~~~I Paga : 3 of 5 File Number 43920-C:3 ~fl~ ~ ~ I 08/22/2@05 04 :24F II ~ ~I~~ II ~~~ VIII ~~~~~~ lIII I~~ ~~~~ ~` I~I~II Stcw~art Trtle of Aspen, Inc. SILViA DAMS PITKIN COUNTY CO R 26.00 0 43fi.50 Warranty Deed -Exhibit 1 {Exceptions) Page 1 of 3 11. An easement for ingress and egress, city water lines and sewer line as reserved in Deed recorded in Book 288 at Page 899 as Reception No. 168549. 12. Terms, conditions, obligations, provisions and easements of Easement Agreement between George P. Mitchell, Cynthia Mitchell, H.A. Bomefeld, Jr., Mary Bomefeld, Aspen Chance, Inc., a Texas corporation and The Aspen Alps Condominium Association as set forth in instrument recorded July 27, 1984 in Book 470 at Page 780 as Reception No. 261361. 13. Terms, conditions, obligations and provisions of Statement of Exception from the Full Subdivision Process for the Purpose of Subdividing the Moses Property as set forth in instrument recorded June 26, 1987 in Book 540 at Page 186 as Reception No. 290476. 14. Terms, conditions, obligations, provisions and easements of Restated Easement Agreement among George P. Mitchell, H.A. Bomefeld, Jr., Gaard Hopkins Moses, Mary Lynn Patton, Aspen Alps Condominium Association, a Colorado nonprofit corporation and Moses Aspen View Homesite, Inc., a Colorado corporation as set forth in instrument recorded September 3, 1992 in Book 687 at Page 915 as Reception No. 348321. 15. Terms, conditions, obligations, provisions and easements of Subdivision Agreement for the Replat of Lot 2, Moses Lot Split (a Lot Line Adjustment) and The George P. Mitchell and H.A. Bomefeld, Jr. Property as set forth in instrument recorded September 3, 1992 in Book 687 at Page 895 as Reception No. 348316. 16. Terms, conditions, obligations and provisions of Ordinance No. 31 (Series of 1992) An Ordinance of the Aspen City Council Granting Subdivision for Lot 2 of the Moses Lot Split, a Lot Line Adjustment between the Mitchell Parcel and the MitchelUBomefeld Parcel, and Vested Rights for 8040 Greenline Review, Subdivision, and the Lot Line Adjustment all located on Aspen Alps Road, City and Townsite of Aspen as set forth in instrument recorded September 3, 1992 in Book 687 at Page 901 as Reception No. 348316 and recorded December 18, 1992 in Book 698 at Page 141 as Reception No. 352013. 17. An Easement for Parking Motor Vehicles as set forth Quit Claim Deed recorded September 22, 1992 in Book 689 at Page 216 as Reception No. 348827. 18. Terms, conditions, obligations, provisions and easements of Shared Sewer Service Line Agreement by and between Aspen Alps Condominium Association, Inc., a Colorado non- profit corporation and Moses Aspen View Homesite, Inc., a Colorado corporation as set forth in instrument recorded January 15, 1993 in Book 700 at Page 676 as Reception No. 352949. 19. Terms, conditions, obligations, provisions and easements of License Agreement by and between George P. Mitchell, Cynthia W. Mitchell and Moses Aspen View Homesite, Inc., a Colorado corporation as set forth in instrument recorded January 19, 1993 in Book 701 at Page 40 as Reception No. 353059. File iVumber: 43920-C3 I III ~ 513778 Stewart Title ofAspen, Inc. I! If{ III III` VIII II~~~~ VIII II I page: 4 of 5 Warranty Deed -Exhibit 1 (Exceptions) I Ii I) IIIIII II VIII III II 08/22/2005 04 : 24F III Page 2 of 3 SIIViq ORVIS PI7KIN COUNTY Co R 26.00 0 436.50 20. Terms, conditions, obligations, provisions and a asements o f E asement A greement b y a nd between Gaard Moses and Mary Lynn Patton and Moses Aspen View Homesite, Inc., a Colorado corporation as set forth in instrument recorded February 10, 2003 as Reception No. 478491. 21. Easements, rights of way and other matters as shown and contained on the Plat for Moses Lot Split recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474 and Replat of Lot 2 Moses Lot Split recorded September 3, 1992 in Plat Book 29 at Page 65 as Reception No. 348317. 22. Terms, conditions, obligations, provisions and easements of Skier Access License Agreement by and between Aspen Alps Condominium Association and Leon C. Hirsch as set forth in instrument recorded June 20, 2005, as Reception No. 511438. 23. A Deed of Trust dated June 12, 2003, executed by Gerald Grayson, to the Public Trustee of Pitkin County, to secure an indebtedness of $1,582,500.00, in favor of Affiliated Financial Group, Inc., recorded June 17, 2003 as Reception No. 484107. (Affects Parcel B) 513778 i `l I I ~~ 08/22/2005 O4:24F I I ~IIIII III I i `II~~IIIIII III~~ 1~~IIIIIIII IIIIIII~~ SILVIR DAVI$ PITKIN COUNTY CO R 26.00 D 436.50 File Number A392U-C3 Stewart Title of Aspen, )nc. Warranty Dced - Exhibit I (Exceptions} Page3of3 lam and Smudge Free Printing ;-,~ ~ ! ;_ ~_ ~~: - ® www.averycom Use Avery® TEMPLATE 5160® ~ `` ~ 1-800-GO-AVERY Attachment 15 4MOS BETTY 7330 SW 165TH ST VILLAGE OF PALMETTO BAY, FL 33157- 3800 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BAECHLEJAMES 156 HORSESHOE RD MILL NECK, NY 11765 BLACK SWAN UNIT D LLC C/O CARISSA PEREIRA PO BOX 7498 LITTLE ROCK, AR 72217 CHAPIN ANZLE FAMILY TRUST 1887 STILLWATER ST WHITE BEAR LAKE, MN 55110-8507 DAVIS FAMILY TRUST PO BOX 1909 RANCHO SANTA FE, CA 92067 DIMLING TASHA S 700 UTE AVE #502 ASPEN, CO 81611 FORD SIMON JOHN HUBIRD & JULIE DERKS 700 LYNCOTT NORTH MUSKEGON, MI 49445 GARTEN HERBERT & SUSAN F 36 S CHARLES ST 2300 CHARLES CENTER S BALTIMORE, MD 21201 ASPEN ALPS CONDOMINIUM ASSOCIATION 700 UTE AVE ASPEN, CO 81611 ASPEN VALLEY LAND TRUST PO BOX 940 ASPEN, CO 81612 BECK CYNTHIA ', P O BOX 1569 PACIFIC PALISADES, CA 90272 CABANISS WILLIAM J 3812 FOREST GLEN DR BIRMINGHAM, AL 35213 GOONEY THOMAS E PO BOX 4517 ASPEN, CO 81612 DEVORE KARINJO PO BOX 03 ASPEN, CO 81612 DRAKE RODMAN L 50% 485 PARK AVE #5A NEW YORK, NY 10020 FOX JOAN D TRUSTEE 50% 6675 AUDUBON RD HOLLAND, MI 49423 GELFAND HERBERT M 6310 SAN VICENTE BLVD STE 560 LOS ANGELES, CA 90048-5421 ' ASPEN ALPS CONDOMINIUM i ASSOCIATION I PO BOX 1128 ASPEN, CO 81611 AUHLL RICHARD A ASPEN ALPS CONDO #710 700 UTE AVE ASPEN, CO 81611 BILLINGS PRENTICE BOYD ' 20 ASPEN MOUNTAIN RD ASPEN, CO 81611 CHANDLER CLARISSA H 902 N GREEN BAY RD LAKE FOREST, IL 60045 CORCORAN DANIEL PO BOX 1881 ASPEN, CO 81612 DILLARD WILLIAM T II & MARY A ' C/O DILLARD DEPT STORES INC PO BOX 486 LITTLE ROCK, AR 72203-0486 FIGI J TODD REV TRUST C/O JT FIGI ENTERPRISES 1260 PROSPECT ST LA JOLLA, CA 92037 FRIEDMAN RICHARD L C/O CARPENTER & CO 20 UNIVERSITY RD CAMBRIDGE, MA 02138 GRAYSON GERALD 1200 17TH ST STE 980 DENVER, CO 80202 GRIEF IRVIN JR & NANETTE HALGLENN CORPORATION HARRIS NANCY M 36 S CHARLES ST 1428 BRICKELL AVE 386 S MISSISSIPPI RIVER BLVD 2300 CHARLES CENTERS MIAMI, FL 33131 ST PAUL, MN 55105 BALTIMORE, MD 21201 Jam andSmudge Fnae Printing ® vuww.averycom ~ /,>\~~(® 516 Use Ave TEMPLATE 5160® ~ 1-800-GO-AVERY HARTMAN DOYLE & MARGARET ~ HIRSCH LEON C & TURI L H HODGE RON PO BOX 10426 ' ONE GORHAM ISLAND ASPEN MOUNTAIN RD #10 MIDLAND, TX 79702 WESTPORT, CT 06880 ASPEN, CO 81612 HURT FAMILY LP ISAAC JENNIFER F TRUSTEE JACOBS HARLAN & DEBRA TRUST CAPITAL GROUP INC 13461 APPLE RD 8040 N LA JOLLA SCENIC DR 50TH FL 333 S HOPE ST WILTON, CA 95693 LA JOLLA, CA 92037 LOS ANGELES, CA 90071 JACOBSEN CHRIS KAPLAN JEROME A KELLER KURT E 40 ASPEN MOUNTAIN DR 6001 MONTROSE RD STE 403 PO BOX 840 ASPEN, CO 81611 ROCKVILLE, MD 20852 ASPEN, CO 81612 KENNER JEFFREY L KLEIN MICHAEL S LAMBERTI PAULA 720 PARK AVE #6-B PO BOX 626 PO BOX 8685 NEW YORK, NY 10021 ' CORTE MADERA, CA 94976 ASPEN, CO 81612 LEO RICHARD A LITTLE NELL HOUSE 2 LLC LODESTAR WEST LLC 15 ASHBURY TER 1444 LOWER RIVER RD 175 BELLEVUE DR SAN FRANCISO, CA 94117 SNOW MASS, CO 81654 BOULDER, CO 80302 MARTIN MARIANNE 1/3 INT MCCLUSKEY DARLENE M MILLER LORRAINE 2752 LA STRANDA GRANDE HTS TWO COVENTRY CT PO BOX 5136 COLORADO SPRINGS, CO 80906 PRAIRIE VILLAGE, KS 66208 ASPEN, CO 81612 MITCHELL GEORGE P MORTON JENNY S OTTO GERDAU COMPANY 10077 GROGANS MILL RD #475 4R NASHUA AVE '~ 80 WALL ST THE WOODLANDS, TX 77380 MARBLEHEAD, MA 01945-3801 NEW YORK, NY 10005 PARKER K E TRUSTEE PECKHAM THOMAS C PITKIN COUNTY 101 LIBERTY ST PO BOX 9766 530 E MAIN ST STE 302 SAN FRANCISCO, CA 94110 ASPEN, CO 81612 ASPEN, CO 81611 PYRAMID PARTNERS LP R NESTY LLC RIDDELL JOHN F JR & BARBARA B 611 PARKWAY STE F-13 2711 RACE ST 2900 WESLAYAN RD STE 500 GATLINBURG, TN 37738 DENVER, CO 80205 HOUSTON, TX 77027 RIGHETTI THOMAS ROIN MAUREEN M TRUSTEE ROTH WALTER TRUSTEE 13724 SW 92 CT 1225 WESTMOOR RD C/O D ANCONA & PFLAUM MIAMI, FL 33176 WINNETKA, IL 60093 111 E WACKER DR STE 2800 CHICAGO, IL 60601 _ ~„~ ~ ~ ...~ ~" n A213AV-O9-008-L ~ ®09L51!~ege6 ai zasii Jam and Smudge Free Printing ® www averycom ~ A~~® 5160® Use Avery® TEMPLATE 5760® ~~ 1-800-GO-AVERY SCHALDACH NANCY SEIDMAN DOV LIVING TRUST SHODEEN KENT W TRUST NO 1 720 S MASHTA DR 482 TUALLITAN RD 17 N 1ST ST KEY BISCAYNE, FL 33149 LOS ANGELES, CA 90049 GENEVA, IL 60134-2220 SPENCER MARGARET R TAGUE PETER & CHERYL TISCHLER SALLY L C/O DAVID B SPENCER 25 SCARSDALE VILLAS 520 W FRANCIS 1217 ROYAL ST LONDON ENGLAND, W8-6PT UK ASPEN, CO 81611 NEW ORLEANS, LA 70116-2515 WHITMAN JONATHAN C TRUST UTE CHALET INC WELLS RICHARD A & SUSAN T ~ #401 ASPEN ALPS PO BOX 1284 970 POWDER LN 700 UTE AVE ' ASPEN, CO 81612 ASPEN, CO 81611-2105 . ASPEN, CO 81611 I WILSON MICHAEL WINKLER REV TRST WINTER RUTH F TRUSTEE 8 ELM ST 840 LOMA VISTA DR 175 E DELAWARE PL APT 8404 MARBLEHEAD, MA 01945 BEVERLY HILLS, CA 90210 CHICAGO, IL 60616 WISE JOSEPH 1320 HODGES ST RALEIGH, NC 27604-1414 5 ~i~ege6 Attachment 16 ___ __ _ Mr. Gerald Grayson 155 Riverside Drive, Apt 7R _ _ __ _ New York, NY 10024 7 November 2{}U5 Mr. James Lindt, Se~~ior Planner City of Aspen Community Development 1.30 South Galena Street __ Aspen, CU 815 i i _ _ _ _ _ _ _ _ _ Dear James: `I"his letter its to certify that I, Gerald Grayson, owner of I_ot 2 of the R/loses ? of Split, give Stan Clausan Associates, I_LC aa~d its staiT'permission to represent us in disc~tssinns with the City of Aspen regarding the application fora 8040 Greenline Review at Lot 2, Moses f,at Split. I have retained this ~I"irm to represent us in the application for this prQiect. If you should have any questions regarding finis matter, please contact nte, Their contact information is as foilor~vs: Stmt Clawson, A1CP, ASLA Stan Clawson Associates, lttc 2~ C. Main St. Aspen, CU 8151 I _ _ _Tel (97Q}925.-2323.... Fax. (470)920-1628