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HomeMy WebLinkAboutcoa.lu.co.501 Dean St.Residences at the Little Nell.0056.2008 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0056.2008.ASLU 2737-18-2-36-945 501 DEAN STREET DREW ALEXANDER RES. AT THE LITTLE NELL STEPLECHASE PARTNERS 12/2/2008 CLOSED BY Angela Scorey on 03/05/2009 QGWCe~~' 27~1~I~-Z~o- r, ~E'k" "~.~ Seri 5~ }.~' ,n~~:+*t .i ~:`riYt '.v f~14 fi btYU &..,;m ~g. .-.<: Elle Edtt ge[ord N1~'iga~ Form Reports Forrlrat Za6 Help Q J -o -,~ ~ '~~ ~ ~ ~' 1J J v iJ ~ ~ ~ ~ Q ~ A ~~ jj gg ~Ll L ~ ~ ~ • J ^ 19 ~ ~] ... _.. ~ Attachmrmts ~ Roylthq Status ~ Routirq 4 ~ I ~ I yduation ~ Custom Fjdds ~, Actlefis ~ Feef ~ Parcel; Fee Summary Sub Perrro[s ~, '~~ Permit TYpe aslu Aspen Land Use Permit ~ 0056.2008.ASLU ~ ',. Address 501 E DEAN ST J Apt~Sui[e Ciy ASPEN State CO Zip 81611 J I~~ -PermR [ntormation _ _ I Master Penrc[~J Routing Queue aslu07 Apptled 11j11~2008 J 'i Project J Status pending Approved ~~ ~'i Description CONDOMINIUMIZATION OF MIXED-USE BUILDINGS AS DESCRIBED Iswed ~J '~, Fhal ~- J ', Submitted DON CARPENTER 948 9905 Cbck Running Days ~ Expires 1106/2009 J ~I _.. _.... _. _ i Owner Last Name RESIDENCES AT LITTLE NEL J Fvst Name ~ 302 E HOPKINS AVE Phoru (970) 544-0499 ASPEN CO 81611 r Owner Is Applicant? ~, Applicant it PARTNER Last Na J 0 I~ a~ P C ~ ASPEN CO 8 6 11 # 26 13 nc (970) 6E8 6880 tender Last Name ~J Furst Name ~_-- ^ Phone AspenGoWlb) _i Record 1 of 1 ~-er ~j ~ 2 GGG ~ y?,Q,u,e,~l~ b Cb Z~'13 2 CI~L ~v~no~nn)f ~ ~? 3S ~ ~ n _n p, 1.~ 1.~~_ 2 ~~ ~~ ,.- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Payment of City of Aspen Devel~onlment Auolication Fees CH'Y OF ASPEN (hereinafter CITY) and ~t Q+'St ~1nuS ~I ~ '~'~ G fd L~~ ~ ~tt~ W1~ L '~ i (hereinafter APPLICANT) AGREE AS FOLLOWS: an application for (hereinafter, THE 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of [he size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of [he costs involved in processing [he application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter peanit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their heazings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon noti£cation by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CTI'Y staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council [o make legally required findings for project consideration, unless current billings aze paid in full prior [o decision. 5. Therefore, APPLICANT agrees that in wnsidemtion of the CITY's waiver of its right to wllect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 7 , ~ which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings [o CITY ro reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until a]I costs associated with case processing have been paid. CITY OF ASPEN Chris Bendoa Community Development Director ~;°EIVED ~,t;v 11 2ooe Billin Address and Telephone Number: 13~c .lAnt~ $}'• !~ l BIZ -~/ ~-T 71 r ~ A.S~'EN J~1 C~"Q4fUNIT~f G~VEIOPhflErlT .-. ATTACHMENT 2 -LAND USE APPLICATION PRO.IECr: Name: 11'1{ U.LS~~FMCGS D~ (/I~C 1~G1( Location: ~ibl ~~- 77trt-~ `/~~t yt t (/O AIL /( Indicate street address, lot & block number, le al descri lion where a ro riate Parcel ID # (REQUIRED) 'L'1 7"( ^ 3lR`fS EI' .4+-- A PPI 7f ANT• Name: t ~5~~2tnC2S F~ ~7rC t~e(~ WVG1 ~'1'e'~"t Lf-C Address: ~J~ s. 5 ~ c5'~'. 5!M ( ~ Qj1b ~ R Phone #: S`f`(, g3 REPRESENTATIVE: Name: 'DQYI ~?M~1/ ~ ~"C~f I t'G~C ~PFf ~'N'~S~ Aaaress: 13`Eo Mein s~; brndr{a/ Cti 8t6a3 Phone#• q~~ 9gOS TYPE OF APPLICATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ Text/Map Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other. ^ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 11tu1 bw;ld;~-iri, a~ CMsiY-.t~F:cv~ Rffcv'd~--asp ~b •IMt Fit~.~P YIF-t vcu-r~ AM ~~T 2o~S in 'Plr•~• 15ook ~3 NS' Vitt ~-I PROPOSAL' (description of proposed buildings uses modifications etc.) ~eytt<,n.t~K;yw.; ~%fiM r~- w~cKe~- wst bµ. t~'~-~. ps deeer: bad Fbe-~ Have you attached the following? FEES DUE: $ 73~ U Pre-Application Conference Summary ^ Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds ^ 3-D Model for lazge project All plans that are larger than SS" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: t1G (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 Mum,c, ipal Code.) ~'"'S-*r~'R -h tit pU~ vcrc(,pwtcr~' Pte, ~ c..«n-• Commercial net leasable: Existing: Proposed.• Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed.• Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed.• Principal bldg. height: Existing: Allowable: Proposed.• Access. bldg. height: Existing: Allowable.• Proposed.• On-Site parking: Existing.• Required.• Proposed: Site coverage: Existing: Required.• Proposed.• Open Space: Existing: Required.• Proposed: Front Setback: Existing: Required: Proposed: Reaz Setback: Existing: Required.• Proposed: Combined F/R: Existing.• Required.• Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required.• Proposed.• Buildings Existing non-conformities or encroachments: Variations requested: ~. - .~ CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 429-2739 DATE: 11/10/08 PROJECT: The Residences at Little Nell APPLICANT: The Residences at Little Nell Development, LLC REPRESENTATNE: Don Carpenter TYPE OF APPLICATION: Condominiumization DESCRIPTION: The prospective Applicant would like to condominiumize the existing structure. As described by the Applicant's representative, Lot 1, The Residences at Little Nell Subdivision/PUD according to the final Plat thereof recorded May 17, 2005 in Plat Book 73 at Page 21, 501 East Dean St; total squaze footage of 206,256. No Historic Designation. Condominiumization review (which is a form of subdivision) is required in order to create a condominium form of ownership Land Use Code Section(s) 28.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: -Staff for complete application - Community Development Director for condominiumization Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: Subdivision and associated reviews: 2 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11.A11 other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. .-, Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on curcent zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Document of Recordation 501 Dean Street The Residences at the Little Nell Book #: Residences Plat Book 89 Page#: 32 .- Condo Plat Checklist: Ref. City of Aspen Land Use Code, Part 400, Chapter 480, Section 090 - Case: C.'o56. aoog qst-~ IZ~''f - Date: it J'r3 Je ~ - Planner assigned: ~RfW ~~E.rh~l~~lL Yes ^ No: A certificate of finnling for the Pitkin County Clerk and Recorder Notes: ~ty [7i`M 5 ~j CSf.~~ Yes ^ No: Required Certificates on Plat Map Yes ^ No: Lien Holder Consent and Subordination Yes ^ No: Surveyor's Certificate Yes ^ No: Title Certificate Yes ^ No: Declarant's Certificate ~'l Yes ^ No: City Engineer's Approval ,~J ,~ Yes ^ No: Community Development Director's Approval ^ Yes Kr No: Accurate and understandable dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important Yes ^ No: A scale representing one (1) inch equals one hundred (100) feet or larger Yes ^ No: Under Surveyor's Certificate language, there must be a statement explaining that the control precision is greater than 1 in 10,000. Yes ^ No: A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and copies of any monument records required of the land surveyor. Yes ^ No: Common access, utilities and drainage are accessible to all units benefiting from common utilities. ~ General Notes: Engineering Requirements: ^ Survey performed or verified within the last 12 months ^ Surveyor's certificate stating that the error of closure is less than 1/10,000 ^ Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersections (shown at a scale of 1" = 400') ^ Monuments placed (or reference monument or witness to the corner) at all corners of the boundary of the property, unless already marked or referenced by an existing monument of witness to the corner. ^ Legend of symbols ^ Survey tied to USGA, NGS or local government monument system ^ Overlaps and gores along the exterior of the boundaries ^ Legal description of property ^ Existing building(s) locations and dimensions with ties ^ All improvements within five feet of property boundaries ^ Gross land area to the nearest thousandth of an acre ^ One foot contours and the datum of the elevations ^ Basis of bearing and point of beginning graphically ^ Roads (edge of pavement as applicable), Rights-of-Way and distance to the nearest intersecting street if within 200' of property ^ Label easements and encroachments, add reference numbers as applicable ^ Indication of access to public rights-of-way on land such as curb cuts and driveways, and to and from waters adjoining the surveyed tract. ^ List setbacks and building envelopes ^ Names of adjoining owners of platted lands or subdivision names ^ Any changes in street right of way lines either completed or proposed ^ Location, species, trunk diameter of trees at 4 % from ground, and extents of drip line ^ Natural hazards; the designation of all areas that constitute natural hazard areas including but not limited to snow slide, avalanche, mudslide, and rockslide. ^ Delineate areas with slopes form 20% to 30% and areas with slopes greater than 30% ^ Flood zone designation (with proper annotation based on federal Flood Insurance Rate Maps of the state of local equivalent, by scaled map location and graphic plotting only). ^ Location of all utilities existing on or serving the surveyed property as determined by observed evidence and observed evidence together with evidence from plans obtained from utility companies or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of information). ^ List of all documents used in the survey with recoding information HOLLAND&HART_~ MEMORANDUM November 12, 2008 Arthur C. Daily ada i ly@hollandhart. com i~~a r~ ' 20D8 :., her}~~ ,c, ~, TO: Jennifer Phelan, City of Aspen Community Development Dept. (hand delivered) FROM: Art Daily RE: Residences at The Little Nell /Application for Condo Map Approval Jennifer, I'm enclosing a Title Insurance Commitment issued by Pitkin County Title, Inc. under date of October 30, 2008, evidencing fee simple ownership of Lot 1, The Residences at Little Nell Subdivision/PUD (the "Residences Project"), in The Residences at Little Nell Development LLC a Delaware limited liability company. This Title Commitment is being submitted to you as proof of ownership of the Residences Project in connection with the land use application submitted this week by said owner for review and approval of the proposed Condominium Exemption Map for the Residences Project. The proof of ownership is being provided in compliance with Section 26.304.030(b)(3) of the City of Aspen Land Use Code. If there is anything further that needs to be submitted at this time in connection with the subject application, please give me a call at 925-3476. Thanks for your assistance in the matter. Regards, Art. cc: Brooke Peterson (via email) Don Carpenter (via email) Sunny Vann (via email) Holland & Hart ttv attorneys at Law ~. (9707 925-3476 ~+.~ (970) 925-9367 www.holla ntlhar4com 600 East Main Street Suite 109 A50en, Colorado 81611-1991 Aspen Billings Baise Boulder Cheyenne Colorado Springs Denver Denver Tech Center ]ackson Hole Las Vegas Salt Lake City Santa Fe Washington, D.C. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 30, 2008 at 8:00 AM Case No. PCT19258PR04 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposedlnsured: Amount$ 0.00 Premium$ 0.00 Rate: (b) ALTA Loan Policy-(6/17/06) Proposed Insured: (c) ALTA Loan Policy-(6/17/06) Proposedlnsured: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: THE RESIDENCES AT LITTLE NELL DEVELOPMENT LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 1, RESIDENCES AT LITTLE NELL SUBDIVISION/PUD, according to the Final Plat thereof recorded May 17, 2005 in Plat Book 73 at Page 21 as Reception No. 510209. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toli Free Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: IL.p%V- SCHEDULE B -SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in United States Patent recorded August 26, 1949 in Book 175 at Page 298. 8. All interest in all oil, gas and other mineral rights, as set forth in instruments recorded January 28, 1957 in Book 178 at Page 541, Decree recorded May 13, 1968 in Book 184 at Page 7 and Deed recorded March 24, 1960 in Book 190 at Page 204. 9. Terms, conditions, provisions and obligations as set forth in Development Order of the City of Aspen Community Development Department recorded January 12, 2005 as Reception No. 505925. 10. Terms, conditions, provisions and obligations as set forth in Grant of Water Line Easement recorded May /9, 2005 as Reception No. 509850. /(1. Terms, conditions, provisions and obligations as set forth in Waterline Relocation Agreement for The ebe//! Residences at Little Nell Subdivision/PUD recorded May 12, 2005 as Reception No. 510044. .,Terms, conditions, provisions and obligations as set forth in Revocable Encroachment Licenses recorded / May 17, 2005 as Reception No. 510205 and 510206. pt~. Terms, conditions, provisions and obligations as set forth in Ski Trail Easement Agreement recorded May 17, 2005 as Reception No. 510207. 14. Terms, conditions, provisions and obligations as set forth in The Residences at Little Nell Covenant Regarding Utility Easements recorded May 17, 2005 as Reception No. 510208. 15. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 17, 2005 in Plat Book 73 at Page 21 as Reception No. 510209 and Improvement Location Survey of The Residences at Little Nell Development, LLC, Property, recorded May 17, 2005 in Plat Book 73 at Page 60 as Reception No. 510215. (Continued) », SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions and obligations as set forth in Subdivision/PUD Agreement for The Residences at Little Nell Subdivision/PUD recorded May 17, 2005 as Reception No. 510210 and Memorandum of I bstantial Change recorded December 22, 2005 as Reception No. 518768. 1 .Terms, conditions, provisions and obligations as set forth in Improvements and Easements Agreements recorded May 17, 2005 as Reception No. 510216 and Amendment thereto recorded September 8, 2006 as 1Reception No. 528410. 18. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded September 19, 2007 as Reception No. 542208 and October 11, 2007 as Reception No. 542990. ~9 Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded October 11, 2007 as Reception No. 542991. 20. Terms, conditions, provisions and obligations as set forth in Notice of Approval recorded September 8, 2008 as Reception No. 552703. 21. Deed of Trust from: THE RESIDENCES AT LITTLE NELL DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of :DEUTSCHE BANK TRUST COMPANY AMERICAS, AS ADMINISTRATIVE AGENT Original Amount : $140,000,000.00 Dated :January 20, 2006 Recorded :February 3, 2006 Reception No. :520547 Modification Agreement changing various terms of the Deed of Trust above was recorded August 28, 2007 as Reception No. 541433.