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HomeMy WebLinkAboutLand Use Case.523 Walnut St.0002.2009.ASLU~. 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 0002.2009.ASLU 2737 07 3 92 001 523 WALNUT STREET ANDERA HINGLEY FOX CROSSING SUBDIVISION PATRICK RAWLEY 1 /17/2009 CLOSED BY Angela Scorey on 03/17/2009 ff11 ,•~. Pl,~C,eX ~ 273'1-0'1-3`°=~T2-o 11 , X02 r2oo9r~l..ct File edit Qecord OO~-~uv~ (yavigate Form Reports Format Tah Help ~_ ~ ~ ~' i1J ~ G i>U 8 ;~ ~ ~ ..a3 ^®®~ J h ~ I ^'~' I Yaluabon ~ Custom Fields ~ ~ ~ Feep ~ Parcels ~ Foo Summary ~ Sub Qemtits ~ Attadnmarts ~ Royltvg Status Routnq Permit Type aslu .~ Aspen Land Use Permit # 0002,2009.ASLU Address 523 WALNUT ST J Apt~Suite City ASPEN State CO Zip 61611 J Permit Information Master Permit J Routing Queue aslu07 Applied 01~08~2009 J Project J Status pending Approved ~J Description FOX CROSSING SUBDIVISION, LOT 11 RESIDENCE Q VARIANCE REQUEST Issued ~- J Final ~J Submitted PATRICK RAWLEY 9252323 Clock Running Days Expires 01~03~2010 J ..Owner _. _. _._ _. _ Last Name FOX CROSSING PARTNERS, J First Name 601 E HOPKINS AVE Phone (970) 544-0045 ASPEN CO 81611 r Owner Is Applkant? Last Name - Phone -_ tender r -. Last Name Phone Q~A' 4 - .J First Name Cust # 26266 J J F'vst Name G,L ~ 12v ~ G ~,~- ~,Mv~^~ ~ 13 S ~ (1U G (,~ ~ ce-~, p~ ~ 2.5~ 08 i Record: 1 d 1 ,~$~o~ ~~ ~ Cf~'"~ ~~ ~~, . .... Patrick Rawley From: Stan Clauson Sent: Monday, January 05, 2009 3:06 PM To: Patrick Rawley Subject: FW: Fox Crossing Lot 11, House Q Variance Request Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES Irlc landscape architecture .planning .resort design 412 N. Mill Street Aspen, Colorado 8161 1 t. 970/925.2323 f. 970/920.1628 scan@scaolannina.com wwwscaolannina.com Please consider the environment before printing this email ~FC~ j~~D JAN 0 7 1009 ~' ~ :,,;- F„'L,M,, ,,~~`S1~EPv ", VF(OP~gEN From: Jennifer Phelan (mailto:Jennifer.Phelan@ci.aspen.co.us] Sent: 31 December 2008 1:22 PM To: Stan Clauson Subject: RE: Fox Crossing Lot 11, House Q Variance Request Stan: If you include my email it will suffice as a pre-app. Besides the fee amount, could you include a land use application? The front desk uses the application form to input information into our data system. One of my goals for 2009 is to provide better information and tracking of information to whomever needs it. We have purchased a software system that links laserfiche documents to individual parcels for easier research. With an actual case file on your request, I anticipate being able to click on the subject parcel in GIS and have the application and associated approvals come up. Eventually, I want to have a user station available on this floor. Sorry about the formality but I think we will be able to track things better over time. Thanks. J~~' ~l,~z~.r~, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.asoenoitkin.com From: Stan Clauson [mailto:stan@scaplanning.com] Sent: Wednesday, December 31, 2008 11:32 AM To: Jennifer Phelan Cc: harris a. cahn; Rick Crandall Subject: RE: Fox Crossing Lot 11, House Q Variance Request Jen- This used to be handled more informally, but I'm happy to comply. Do I need a pre-app? Would the letter request I submitted be sufficient if accompanied by a check? Thanks, ,-• ~ ~~~~~~~® PROJECT: ATTACHMENT 2 -LAND USE APPLICATION ~riN 0 7 2009 .:1= ,~SPErv ~'S964iiN' i ` prNCz^vfldh=NT Name: Fox Crossing Subdivision, Lot 11, Residence O Location: 0523 Walnut Street, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273707392011 APPLICANT: Name: Fox Crossing Partners LLC Address: 601 E. Hopkins, Suite 202, Aspen, CO 81611 Phone #: 970-544-0045 REPRESENTA'["IVE: Name: Stan Clawson Associates, Inc. Address: 412 N. Mill Street, Aspen, CO 81611 Phone #: 970-925-2323 TYPE OF APPLICATION: (please check all that apply): ^ GMQS Exemption ^ GMQS Allotment ^ Special Review ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Commercial Design Review ® Residential Design Variance ^ Conditional Use ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) ^ Lot Split ^ Lot Line Adjustment ^ Temporary Use ^ Text/Map Amendment ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Small Lodge Conversion/ Expansion ^ Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Lot 11 is a vacant lot. Amendment to Fox Crossing Subdivision Residential Design Standards Variance request, 9/30/05 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) A variance to permit the building orientation to be orthogonal to adjacent side yard and not parallel to Lone Pine Rd. Save you attached the following? FEES DUE: $735.00 U Pre-Application Conference Summary ^ Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Forth ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ^ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the appGca6on. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. .~ ,--. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 532 Walnut Street, also known as Fox Crossing, by the order of the Community Development Director on January 29, 2009 the applicant received approvals a variance to the Residential Design Standard for the building orientation. For further information contact Andrea Hingley, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2797. s/ City of Aspen Publish in The Aspen Times on February, 2009 asamso .~cvum . oa mke .wwmaow ~~~ S/'31/HJNV 3iJINNl1J S37NVH.7 9 wesv a~nssmn mi u wmx rso ~~ S ~ Q ! O 35nOH'CL 107 ¢ ~g !® a h 6 w 2 ~6 s~ .. _, ,~ -~-~..~ I ,od..,.... I I ' i -----------• ~s- -' ~ ~ r-~ ~,.+° i I _~ I ~ ~ ~ ,~..-- ~. I I W~.H _Yi~ .i-'~~ V' ~ONti PANE _~F'~'6Y ~©~ -~,~ ~~i-~r~,;; !~~,` ~~~~ ~a ., STAN CLAUSON ASSOCIATES-Nc landscape archite cture. planning. reso rt design ptz North Mill Street Aspen, Colorado Bz6u t. g7o/gz5-z9z3 f. g7o/9zo-z6z8 ~~/~~~~ Infob$scaplanning.com www.scaplanning.com 24 December 2008 )~'~ ~ ~ 1~0~ Community Development Director ^'~9t~i Ir ~ r I~ ~~ ~Pp ft~f City of Aspen 730 S. Galena Street Aspen, CO 87 617 Re: Fox Crossing Subdivision, Lot 71, Residence Q Dear Chris: On behalf of our client, Fox Crossing Partners LLC, we are submitting an amendment to the Fox Crossing Subdivision Residential Design Standards Variance request, as approved on 30 September 2005. No variances for Lot 7 7, Residence Q were given with the original approval granted on 30 September 2005. We are requesting a variance for the fox Crossing Subdivision to permit the building orientation as shown on the attached plan. A variance is requested from the Residential Design Standards per Chapter 26.410.040, A (1) in the City of Aspen Land Use Code for "Building Orientation." The proposed Residence Q on Lot i 1 orients orthogonally with adjacent side yard lot lines, but is not oriented parallel to Lone Pine Road. A number of factors influenced this design decision. These included the _s Extended rather than Lone Pine Road. a precluded locating a driveway entrance along this curving section of the Lone Pine roadway. Moreover, Nwraa ~Mr#llrve~teNduvsift . In this unusual context, the side lot lines are oriented orthogonally and the Lone Pine road fagade of the structure does step back in a manner that acknowledges the primary roadway. In sum, we believe ihts administrative variance may be granted without any derogation to the neighborhood or the Residential Design Standards. For these reasons, the applicant requests approval to orient the structure orthogonally with the northerly side yard Tine. If you concur, please sign below fo approve this variance request. Please let me know if I can provide any additional information. Very truly yours, Stan Clawson, AICP, ASLA STAN CLAUSON ASSOCIATES, Inc. Attachment: Site Plan for House Q, Lot 11 APPROVED BY: Chris Bendon Date Community Development Director EXHIBIT A: The vaziances as outlined in the application. -- ~~, ;~ . ~ Mr. Chris Bendon, AICP ~ s Re: Fox Crossing Subdivision, Lot i 1, House S 24 December2008 >,:',`*~~.~ Page 2 ., JAN ~ 71107 09 ~~MMUN~, y ~ 'I ESO Arrnoveo by the Community Development Director. Chris Bendon, AICP Date ~~ :, I ~"v 0 '~ Z009 ,,,_ consolidate other requisite land use reviews by the Historic Preservaho Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the boazd or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, 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 reviewing board may consider the relationship of the proposed development with adjacent stmctures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. (Ord. No. 20 -2005, Ord. 52-2003, §5) 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for 8n application that is consistent with the Residential Design Standards. 26.410.040 Residential deslgu standards. A. SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "facade line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Buildine orientation. The front facades of all principal structures shall be pazallel to the street. On comer lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Section 26.410.010(B)(4) shall be exempt from this requirement. Na YM~ fl City of Aspen Land Use Code. Tune, 2005. Part 400, Page 8 ~.... -~ . .. ~, , ~~~~~~ ~'~N o ~~ .., , ~ <tar,'Ga;;;. ~F 1409 ?.,n,~N ,~F Op ~~; f~.._k„ i ~% ..i",:.~ ''. ~ ~ ~ $ r-~ j j .~ -----~ A I ~~ ~~ x 0 O y v ®~ I p LOT 11, HOUSE Q CHARLES CUNNIHF ARCH/TEC75 oua wnwur n. rox ugmwc ~svw :°~~ m. ~m « . msww. • .minim nveyc~xnanoo a. ..,,m.......,~.~..~ r_~ _ _.._. __.._ ~, I~III II~II ~IIIII III II II IlrYllllll I~I ~IIII III IIII 0 0fi9 0D OS009 056 ORDINANCE N0.50 (SERIES OF 2004) AN ORDINANCE OF'IHE CITY OF ASPEN CITY COUNCIL APPROVING THREF. GROWTH MANAGEMENT QiJOTA SYSTEM EXEMPTIONS, VACATION OF A PORTION OF RACF, STREET, AND A FOURTEEN LOT SUBDIVISION TO BE KNOWN AS THE FbX CROSSING SUBDIVISION ON LAND LOCATED BETWEEN LONE'hINE ROAD AND RACE ALLEY BETWEEN WALNUT STREET AND RACE STREET, 557 RACE ALLEY AND VICINITY, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: Griffith Lot #1- 2737.073.91.001 Griffith Lot #2 - 2737.073.91.002 Railroad Parcel - 2737.073.00.020 North Cabin plus Historic House - 2737.073.00.021 & 2737.073.00.022 South Cabin plus New Hause - 2737.073.00.023 & 2737.073.00.024 Vacated Walnut Street - 2737.073.00.026 Bennis Property - 273707300045 Garage Parcel - 2737.073.03.030 WHF,REAS, the Community Development Department received an application from Walnut Properties, LLC, represented by Stan Clauson and Associates, requesting approval of a Subdivision, including l.ot Spl)~_approvals and Lot Line Adjustment approvals, Growth Management Quota System<;(fiMQS) Exemptions, and amendments to the City of Aspen Land Use Code fbr a fourt~¢n lot subdivision, one lot proposed as a pazk and thirteen lots for development, sitgated between Lone Pine Road and Race Alley and between Walnut Street and Race Street, as depicted in attachment A; and, WHEREAS, the Community Development Department received referral comments tcom the Aspen Consolidated Sanitation District, City Engineering, City Pazks, Building Department, Pire District, and the Water Department as a result of the Development Review Committee meeting; and, WHERF,AS, said referral agencies and the Aspen Community Development Department reviewed the application and recommended approval with a series of conditions; and, WHEREAS, pursuant to Section 26.470 (Growth Management Quota System Exemptions) and Section 26.480 (Subdivision) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and 7,oning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, the Planning and Zoning Commission found that the development review standards for Growth Management,lQuota System (GMQS) Exemptions, t:~' Ordinance No. 50, ~ ^ '"I Series of 2004. Page 1 I 51148 I IIIIII full IIIIII Illllrlllll I~lll IIIIII IIIIIII IIII IIII 00 6g200z0.00 9.050 Subdivision approval, have been met, as long as certain conditions, as listed hereinafter, are implemented; and, WHEREAS, during a regulaz meeting on October l2, 2004, and continued to November 2, 2004, and continued to November 16, 2004, and continued to November 30, 2004, and continued to December 7, 2004, the Planning and 'Zoning Commission opened a duly noticed public hearing to consider the project and recommended City Council approve the Growth Management Quota System (GMQS) Exemptions, Subdivision, (and associated amendments to the Land Use Code) by a five to zero (5-0) vote, with the findings and conditions listed hereinafte~N,and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Traffic Safety Advisory Committee and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standazds of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Subdivision Aaaroval The Fox Crossing Subdivision shall consist of the following lots: Fox Crossing Lot # 1 Fox Crossing Lo[ #2 Fox Crossing Lot #3 Fox Crossing Lot #4 Fox Crossing Lot #5 Fox Crossing Lot #6 Fox Crossing Lot #7 Fox Crossing Lo[ #8 Fox Crossing Lot #9 Fox Crossing Lot #10 Fox Crossing Park Parcel Lot size = 10,331 sf I,ot size = 7,510 sf Lot size = 6,01 Osf Lot size = 6,010 sf Lot size = 6,016 sf Lot size = 6,068 sf Lot size = 6,007 sf Lot size = 6,749 sf Lot size = 6,945 sf l,ot size = l 1,b31sf Lot size = 9,044 sf Ordinance No. 50, Series of 2004. Page 2 'F It 1 511408 IIIIIIIIIIIIIIIIII VIIIVIII VIII IIIIII IIIIIIIIIIII IIII 006920D 00009.058 ~ f' ~, Fox Crossing Lot #1 I (a.k.a. Uriffith #1} I,ot size = 9,849 sf "~ Fox Crossing Lot #12 (a.k.a. Griffith #2) Lot size = 7,500 sf Fox Crossing Lot #13 (a.k.a. Griffith #3) Lot size = 15,065 sf These lot sires may vazy slightly and the final subdivision plat shall prevail upon discrepancy. The lot designation shall be changed fur the final plat to designate "Griffith" Lots 1, 2, and 3 as "Fox Crossing" Lot ] 1, 12, and 13, respectively. The allowable Floor Area for each parcel shall be pursuant to the R6 Z.one District regulations, the Lot Area of each parcel, bonus floor area granted by the Historic Preservation Commission, and the proposed use. the Park Parcel shall have no development right other than for open space/park use. Fox Crossing Lots #5, #6, and the Park Parcel shall be designated Historic Landmazk properties and subject to development review regulations of Section 26:415 of the City of Aspen Land Use Code. Fox Crossing Lots #l, #2, #10, #11, #12, and #19 may receive up to two City of Aspen Historic TDK flour azea bonuses per residerice;;,pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004. Fox Crossing Lots #5 and #6 are Historic Landmazk properties and shall not be eligible for receiving TDRs. All other parcels shall be limited to one Historic TDR floor azea bonus per residence. The maximum number of Historic TDRs which may be landed within the Fox Crossing `., Subdivision shall be limited to the total number of non-historic residences within the subdivision. Six (6) of the Lots shall be required to provide one additional parking space than otherwise required pursuant to the City's Land Use Code (minimum plus one spaces). "These lots shad be specified in the Subdivision Improvement Agreement. All other lots shall be required to meet the minimum parking requirement. Section 2: Preservatiou of Hunter Valle Wa Parcel Pursuant to the procedures for exempting development from the scoring and competition procedures of the Growth Management Quota System, Section 26.470.070 of the City of Aspen Land Use Code, and pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004, City Council hereby grants three (3) development rights to be landed within the Fox Crossing Subdivision in exchange for the preservation of the IIunter Valley Way pargel, as described in the Fox Crossing Subdivision application, with the tollowing coz}ditions: L Clear title to the Hunter Valley Way ptvperty shall be facilitated by the applicant and reviewed by the City Attorney... ' 2. Title to the Hunter Valley Way properly shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. 3. Prior to conveyance the Hunter Valley Way property shall be legally encumbered in a form acceptable to the City of Aspen that sterilizes the pazcel and precludes t. Ordinance No 50, Series of 2004. Page 3 IIIIII VIII IIIIII VIII VIII VIII II III III VIII III IIII 0G920 z©S 09 05R SILVIQ ORVIS PITKIN GOUNTV CO R 81.00 D 0.00 development, other than that associated with the maintenance of open space and trails and the development of new trails, from occurring on the property in perpetuity. 4. There shall be conveyed an open space easement on the parcel t/s the Aspen Valley Land Trust or similar third party acceptable to the City of Aspen. 5. The three (3) additional residential units within the Fox Crossing Subdivision shall be required to provide affordable housing mitigation, pursuant to the requirements of Section 26.470.070.II. 6. The Hunter Valley Way parcel shall be sterilized to prevent development upon the parcel and as a result of the parcel, other than that specified herein. If Pitkin County issues transferable devejq)Dment rights fox the sterilization of this pazcel, the City of Aspcn development rights issued pursuant to this Ordinance shall be considered null and void. Section 3: Growth Manaeement Exemations Required for Affordable Housine Replacement of existing residential units requires an exemption from Growth Management, pursuant to Section 26.470.070.B, unless the lot on which the residence is proposed is a Historic Landmark (Lots 5 and 6). The parcels granted an exemption from growth management by virtue of preserving the Hunter Valley Way open space parcel shall also be required to obtain this additional exemption. The following proposed lots shall require affordable housing mitigation, pursuant to section 26.470.070.B: Fox Crossing Lots 1, 2, 3, 4, 7, 8, 9, 1Q 12, and 13. No lots within the Fox Crossing Subdivision shall be permitted to provide affordable housing mitigation in the form of Accessory Dwelling Units. Fox Crossing Lot #l I shall not be required to provide affordable housing mitigation, pursuant to former approvals which created the lot. Proposed Lots 7 and IO contain existing residences and the current floor area shall be applied as a credit towards the mitigation requirement. The mitigation credit for the existing residences on Lots 7 and ]0 may be reallocated to other lots within the Fox Crossing subdivisions pursuant to a letter of understanding with the City of Aspen Zoning Officer to be completed prior to the demolition of the residence on Lot 7 or 10. Section 4: Impact Fees Park Imt7act Fees shall be assessed based upon the following schedule: Studio residential units $1,520 per unit one-bedroom units $2,120 per unit two-bedroom units $2,725 per unit three-bedroom or larger unit $3,634 per unit In recognition of capital improvements to the City's pazk and recreation system constructed by the applicant, the City Parks and Recreation Department may reduce this fee commensurate with the costs of those improvements. Ordinance No. 50, Series of 2004. Page 4 ,-. II~III VIII IIIIII VIII IIII) VIII II III III I~III II I IIII e 5 gz 408 3.0s, School Lund Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verities the unimproved land value of the lands underlying the Project to be $3,621,777 per acre from recent transactions and information from the Pitkin County Assessor. One-third of this value divided by the proposed 1 l new units results in a $109,750 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and acash-in-lieu payment shall be accepted. School Land Dedication Fees are not required for replacement dwellings and shall not be assessed to development on the following lots:, Fox Crossing Lots 5, 6, 7, and 10. Development of each of the remaining lots of t)Ze Fox Crossing Subdivision shall require payment of School Land Dedication Fees according to the following schedule, payable at building permit issuance: House size 1(3 land Land Per unit Fee value per Dedication unit per acre standard acres One bedroom $109,750 .0012 $132 1'wo Bedroom _ $109,750 .0095 $1 043 Three $109,750 •0162 $1,778 Bedroom -- FourBedroom -- $109,750 _.0248 $2,722 Five or more $109,750 .0284 $3,117 Bedrooms Amendments to the project shall include an adjustment to this fee according to the above calculation methodology. Section 5• Water lleaartment Standards ~:?'^ The applicant shall comply with the City of ikSpen Water System Standazds, with Title 25, and with applicable standards of Municip~R Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Muhicipal Code, as required by the City of Aspen Water Department. Section 6: Sanitation District Standards The applicant shall comply with the following Aspen Consolidated Sanitation District rules and regulations. 1. Service is contingent upon comp]iance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. 2. All clear water connections arc prohibited, i.e. ground water, (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. Ordinance No. 50, Series of 2004. Page 5 a '. ,,r ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ ea 'ie408 aes : a~s ~~ SILVIP DPVIS PITKIN COIINTV C 3. On-site drainage plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. 4. On-site sanitary sewer utility plans require approval by ACSD. 5. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. 6. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. 7. When new service lines are required for existing development the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 8. Generally one tap is allowed for,rcachibuilding. Shared service line agreements maybe required where more tha~'ahe unit is served by a single service line. 9. Permanent improvements arc prohibited in areas covered by sewer easements or right of ways to the lot line of each development. 10. All ACSD total connection fees must be paid prior to the issuance of a building permit. l 1. 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 aver time from all development in the area of concern in order to fund the improvements needed. Section 7: Public Park and Trail The developer of the Pox Crossing Subdivision shall provide the City of Aspen Parks Department with a monetary contribution of $100,000 for improvements to Aley Park (located at the southwest corner of Spruce Street and Williams Way). This shall he payable upon filing of the Subdivision Improvement Agreement. The Parks Department shall be authorized to use these funds fgr improvements to Aley Park and improvements to park or trail facilities in the general vicinity of the Project. The Fox Crossing Park Pazcel shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. A public access easement shall he provided across the entirety of the Pedestrian Trai( connecting the park to Race Street. The form and content of the easement shall be acceptable to the City Parks Department and the City Attorney and shall be referenced in both the Subdivision Agreement and the Subdivision Plat. Prior to filing of the Subdivision Improvement Agreement, there shall be an agreement specifying ownership, design, use, boundazies, and maintenance responsibilities for the park and trail Ordinance No. 50, Series of 2004. Page 6 1 1 511408 I Ilillllull lIIIII VIII VIII VIII ~IIIII III VIII IIII IIII 00 6920 p2000009 05P reviewed and approved by City Council. Maintenance of the trail shall be at the cost of the homeowners association. This agreement shall be then appended to the Subdivision improvement Agreement for filling. The Subdivision Improvement Agreement shall. specify a construction detail for the proposed trail including the proposed 6-foot width and concrete surface. ~, . , The Subdivision Improvement Agreement shall specify the number, location, and detail of wayfinding signage to be implemented. The applicant shall work with the City Pazks Depaz[ment to determine a mutually agreeable signage plan. Section 8: Construction Manaeement Plan Prior to issuance of a building permit and prior to commencement of any site/utility work, the applicant shall submit a construction management plan for approval by the Community Development Engineer. 'the plan shall include the following: 1. The primary construction access point shall be along Lone Pine Road. Race Street, Race Alley, Spruce Street, and Walnut Street shall not be used for contractor pazking. The City requires a contractor parking area be designated along Lone Pine Road and on-site. 2. A lot, or several lots, shall be used as a construction staging area. The CMP should specify the particular lot(s) and shall specify at which point a staging area is no longer required. 3. Contractor contact information shall be provided to surrounding property owners. In the case of Hunter Creek Condominiums, contact information may be provided to the condominium association president rather than each individual owner. The intent of this requirement is Yor the ebtsttactor to address neighborhood concerns about construction without involving the'L'ity. 'jl Section 9: Access Infrastructure Permit: Prior to the construction any improvements, a licensed Contractor must obtain a City Access-Infrastructure (A-1) permit. One Contractor will be responsible for completing all infrastructure associated with the project. As part of the A-I Permit, the Contractor will he required to submit a Construction Management Plan. Section 10: Hazardous Soils: 'this area is partially within the Smuggler superfund site, which means additional permits and institutional controls may be required for any work done on the site. (See requirements outlined in the City Code.) City Environmental Health Department -~ 920.5039. Section 11: Streets Race Allev/Kate Street shall be designated as one-way with the direction of travel being northbound. Race Alley shall continue to be signed for no parking on either side of the street. Race Street shall he developed with a 34-foot curb-[o-curb dimension and parking along both sides of the street. Asix-foot-wide sidewalk/trail shall he provided adjacent to the northern section of Race Street on Fbx Crossing Lot #I, connecting the park trail to ;iiY. i !i Ordinance No. 50, Series of 2004. Pagel .~ ~-. I IIIIII IIII IIIIII VIII VIII VIII IIIIII III VIII IIII IIII 0 069 0 D 08009 05P i,,, Spruce Street. Sidewalk connections and parking within the rights-of--way shall be ~ provided as described in the addendum .application materials from Stan Clauson Associates dated February I6, 2005. alt Spruce Street shall be improved with at~Iedestrian sidewalk on at feast one side of the street, and preferably both sides, between Race Street and Park Circle. The design of this right-of--way shall be undertaken by the City of Aspen and the costs of implementing a sidewalk along one side of Spruce Street shall be bourn by the Applicant and added to the subdivision improvements agreement and secured through a letter or credit, or other acceptable means, due at the time of issuance of a building permit for the first building to be used for implementation of a sidewalk or other enhancements to Spruce Street. Three (3) public parking spaces shall he developed by the Applicant at the northern-most portion of the Walnut Street public right-of--way adjacent to the Fox Crossing Pazk Parcel. Walnut Street (the public right-of--way portion) shall maintain atwenty-one foot wide clearance with no parking. In the alternative, parking may be permitted if the 21-foot wide clearance is maintained and the approval of the Fire Marshall is gained. The extension of Walnut Street to its connection with Lone Pine Road shall be developed within a 20-foot wide access easement with 16 feet of paved surface and a 2-foot stabilized shoulder on both sides. ~ Bollards, or other physical hindrances vyithin the rights-of--way, shall not be implemented. ~. Section 12: Subdivision and Vacatioa,Plat Within 180 days afrer final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision and Vacation Plat which shall comply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries, disposition of ]ands, the partial vacation of Race Street, the dedication of a portion of land to accommodate a turning radius between Race Alley and Race Street, and utility and surface easements. Utility easements not administered by the City of Aspen shall require approval by the particular utility provider. 2. A building envelope on Fox Crossing Lot #3 restricting development along the northwest portion of the lot. 3. Reference to the public easement across the Park Parcel and Pedestrian Trail. 4. A phasing plan describing the sequence of development phases and the improvements For each phase. The City encourages the applicant to perform any overlot grading and utility main work in the first phase. 5. Design specifications and profiles. for improvements to the public rights-of--way including geometries and turningtadii. ,: Ordinance No. 50, Series of 2004. Page 8 - t, .. r 6. A landscape plan showing Location; amount, and species of landscape ~, improvements. An irrigation plan for the park parcel shall be included with a signature line for the City Parks Departrnent. 7. A utility plan meeting the standazds of the City Engineer and City utility agencies. Utility mains not administered by the City of Aspen shall require approval by the particular utility provider. Fire hydrant(s) locations shall be identified. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge systems aze required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvements shall be done incoordination with the City Engineer. 9. The applicant shall provide the final approved Subdivision line data or survey description data descrihing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. Section 13• Subdivision Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision Agreement binding this property to this '" development approval. The Agreement shall include the necessary items detailed in ~" Section 26.445.070, in addition to the following: 1. The agreement shall state the ownership and maintenance responsibilities of the common azeas of the project, including common driveways and drainage improvements_ 2. The Public Facilities Guarantee shall also include the costs of implementing a sidewalk along one side of Spruce Street and shall be used for improvements to Spruce Street as determined appropriate by the City of Aspen. 3. A public access easement and ownership, use, boundary, maintenance agreement for the Park Parcel and Pedestrian Trail, and construction detail as specified in Section 7. 4. A Construction Management Plan, as specified in Section 8. 5. In order to secure the construction, installation, and performance of the of public improvements and facilities, including drainage improvements and landscape improvements for each phase, the required performance guarantees shall include and secure the estimated costs of all phases of the development. Section l4• Fire Departroent Requirements Sprinkler and fire alarms are required throughout all of the newly constructed residential ~ buildings. The person that designs the sprinkler and alarm systems is required to meet Ordinance No. 50, Series of 2004. Page 9 -^, i VIII VIII IIIIII VIII VIII VIII IIIIII III IIIIII III IIII90 9 0O O80 9fi9sr with the Fire Marshall before starting design. It needs to be confirmed that adequate water ,r volume and pressure exists for the sprinklers. ~:. Section 15: Buildine Permit Requirements The building permit application shall include/depict: I. A signed copy of the final Ordinance granting land use approval. Fux Crossing Lots 5, G, and the Park Parcel shall require Final Approval from the Historic Preservation Commission. 2. A letter from the primary contrac{iiit stating that the approving Ordinance has been read and understood. For Fox Crossing Lots 5, 6, and the Park Parcel, this fetter shall also confirm an understanding of the Final HPC approvals 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removallmitigation plan for any trees to be affected by the specific phase. 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of--way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris ` from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Deparunent of Public Health and Environment Air Quality Control Division will also be necessary due to the property being in excess of (acre. 7. A study performed by a ColorBdq licensed asbestos inspector detailing the presence of asbestos. The State;'o~'Colorado must be notified and the report must be complete prior to issuance of'a building permit. Contact the City of Aspen Environmental Health Department for state contact information. 8. If the disturbance azea of a particular phase of development is over one acre, the Contractor will need to obtain a State Stnrm Water Management Permit (for erosion control) and a State Emission Permit (for dust control). 9. A construction site management and parking plan meeting the specifications of the City Building Department Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building permit fees shall he paid for the paticulaz phase. Ordinance No. 50, Series of 2004. Page 10 Il:~ r-,. -~, IllilllVIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIII 69Z 4080 96051. 51 LVIR DRVIS PITKIN GOUNT~ CO R 81.00 2. The location and design of standpipes, fire sprinklers, and alarm systems shall be approved by the Fire Marshall. 'the Fire Department requests that sprinklers be installed in each proposed house regazdless of floor area. Section 16: Fences Property boundary fences of Fox Crossing Lot 5 and Lot 6 which border the Fox Crossing Park parcel shall be developed no higher than 42 inches and shall be subject to the procedures and requirements of Chapter 26.415 -Development Involving Historic Landmazk Sites and Structures. All fences within the Project shall be designed to be "wildlife-friendly" as specified in the Pitkin County Land Use Code. (Contact Pitkin County Planning Department for these specifications.) Section 17: Vested Rights 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 Ordinance, 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 [his 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, valid for a period of three (3) years, 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: Fox Crossing Subdivision Lots 1, 2, 3, 4, 5. 6, 7, 8, 9, ]0, l 1, 12, 13, and the Fox Crossing Pazk Parcel. Section 18: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public heazing or documentation presented before the. Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 19: "this Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No. 50, Series of 2004. Page ~ 1 ,., ,-, IIIIIIIVIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIII 69 e4O8f09505L SILVlB DBViS PITKIN COUNTY CO R 81.00 0 0.00 Section 20: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 21• That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 22: A public heazing on the Ordinance was held on the 24'h day of January, 2005, at 5:00 in the City Counci] Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 23• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, Rk:AD AND ORDF,RF.D PUBLISHED as provided by law, by the City Council of the Ci[y of Aspen on the 13'h day of December, 2004. Attest: Kathryn S. I h, City Clerk FINALLY, adopted, passed and approved this 14's day of March, 2005. Attest: Kathryn S. K ~, City Clerk ele li erud, Mayor a- Approved as to torro: ,,,. ._John Worcester, City Attorney Attachment A -Existing Property Map Attachmcnt B -Proposed Subdivision Boundary Map Bendon C:\home\Currenl Planning\CASES\Fox Crossing\Ordinnnce5ll-subdivision.doc Ordinance No. 50, Series of 2004. Page 12 fsN9i',. 343 1 g 6": ! E a!'~~~. e17s'!y 3 ~3F,1. aaele. ~:€!a: ~ 4Ee a!! ~ t IFS! !p F~!pp_ idyt~~ ~, e : sI SF3 ia•g ;~ ,F~e~ i{g~ ~ ~4~~~!! iliilr i~;;i U J J =- AL ~. W Z O .~ H w a, o z _' o ~_ a W ~ ~~. -N Q .~ ~ ':~ ~ _1. ~.J _ 3 '... ~_ © ; ~ U Z '1- Q: z cn z z -w m a ~ 1 . ~E 39 ~~. yy EE! j~;53E n ~,[E I a y~Fe ~t P9 ~$!F! e .9, ~ a" ~6 ~;~1 ' ! ~ ! ci ~•~aF{1 n. i III 0 ! ~ ! ' ; F. 3 s 3 ~ !I ~ ~,;: ;m:: ~ i "~ ~ _ ~ ; ~ : ~; ~~ r~i 't j' ~\'~'~, I KOISINOHfI 11TdS lOl 7T1 'Alb I d Nll!!tl0 / ' %~ Y/"" I i IIIIIIIVIIIIIIIIIVIIIVIIIVIIIIIIIIIII IIIIIIIIIIIII 0 92 4©85f09603a 5lLVIR DRVIS P3TKIN GOUNTV GO R 8].00 D 0.80 -. c ~~~~~ ~ ~ iiF ! ilil: e 9 f~ !. F ~p~ % ~y ~,rF 6 el ab~l,t~ ! anp ,. ~~ 113tl15 1fM(1rM !; "/. •--• ! ~ ~~ ; ,lE~ 9,' 3=ia n a~I !7I 6.ilel d~ilol E~dnibl~-~ ~/ i NVML ~~~ «~...,,, uBld ;uauido~aeaQ 0°t°1°0'1°°' uotse[pgng ~u[ssoi~ xo3 ~.e _ ,uo, 133tl1S 3JlItldS I __-` ~OF _~__.` 3 I W of 9 I ° I N i ,- ~ I Q x 5 o;i I ~~ ~o dia I i~ 9o'n 5 S ~ % ~ 6 { ~nN p ]rm 1 I Y„' II ~ I ~ s I Anir 3Jra 1 - •~~ ~°. _„ •q -_- _ i~ 133a15 lnH~o~~_-.i 9~e 3 - .- __L_- e ~~ 89 . _ /~ ~inu s9 _ he ~ 2 ~ u <` ~ ~~ ~~A • , E My 9a'9i7 V ~ I ----- '/ V ~ ` a I ~ 2 1 n a, , o ag a I rv ~~ ~ ~ I I I1I ..~cl~tb;}-~ ~~; I~b. Sa,SC,x~ m ~~ m ~ o ~n m 0aom N O t p N I.~~ LL m ~ m ~ ~ j ~rc ~~ s d ~~ S -mss ' 7 ~~ ~ ~ V ~~ ~ ~z ~~ a _ N ' ~~& ~ ~~a ! ~~" N e .-., IIIIIIIVIIIIIIIIIVIIIIIIIIII iVIII IIIIIIII IIII 69204©8+09605P SILVIP DiiVIS PI rKIN GOUNir CO R 61.00 0 0.00 DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafrer "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 asite-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 (3) -yeaz vested property right. The vested property right shall expire on the day afrer the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26304.075, or unless an exeimption, extension, reinstatement, or a revocation is issued by City Council pursuant tfi ~iection 26.308.010. Afrer Expiration of vested property rights, this Order shall remanr~n 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 lJse 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. Walnut Property, LLC, Walnut Property II, LLC, Walnut Property III, LCC. C/O Camilla Auger, 709 North Spruce Street, Aspen, CO 8 ] 611. 970.544.0475. Le al Description and Street Address of Subject Property: Fox Crossing Subdivision, located wrthln the Ctty of Aspen, Pitkin County, Colorado. Located in the vicinity of Lone Pine Road, Race Alley, Race Street, and Walnut Street. Street Addresses to be determined. The City Council approved development of a multi-unit residential subdivision more precisely described in Ordinance N~. 50, Series of 2004, and depicted on a final Subdivision plat to be filed with tl~e~,Pitkin County Clerk and Recorder. ., Land Use Approval Received and Dates: City Council Ordinance No. 50', Series of 2004, attached, approved March 14, 2005. Effective Date of llevelopment Order: May 8, 2005 (Same as date of publication of notice of approval.) Expiration Date of Development Order: May 8, 2008. (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 26°i day of April, 2005, by the City of Aspen Community Development Director. Cluis Bendon, AICP Community Development Director City of Aspen ^ n ~ p OvED I IIIIII IIIiI llllll llll 111 l 111 l llllll 111 lllll II III 5 9204©8regfiDSu SIIVIR DRVIS PITKIN COUNTY CO R 81.00 D 0.00 i., . •., a APR 2 6 2005 ~~ruNOt~'~ovurt+i ~y;iun q~tya-s~h NOTE TO FILE Date: 2/3/09 Location: Fox Crossing Subdivision Lot 11, House S Zoning approval granted February 2009, for the construction of a detached duplex. TOTAL FAR: 4380 = 250 (TDR) + 4130 House S = 2035.6 sq. ft FAR House Q = 2282.68 sq. ft. FAR (TDR landed = 250 sq. ft. FAR included) Current FAR amount = 4318 sq. ft HOUSE S is eligible to receive a TDR equaling 250 sq. ft. • . ~ i~ t~ ` I ~ STAN CLAUSON ASSOCIATES iNc ~t landscape architecture. planning. reso rt design t . 't _ t ^ ~ 4iz North Mill Street As en, Colorado Si6v t. 7o/gz5-z3z3 f. ~ ••i P 9 97o/9zo-i6z8 info~scaplanning.com www.scaplanning.com >°'i +, 9{ ~~ ~.~ 30 January 2009 Ms. Andrea Hingley Planning Technician Community Development Department City of Aspen 130 S. Galena Sheet 3rd Floor Aspen, CO 81611 RE: fox Crossing County Recording Fee Dear Ms. Hingley, Please find enclosed a check in the amount of $26.00 to cover any and all fees associated with county recording for the referenced matter. Do not hesitate to contact me with any questions. Sincerely, `~°-~. Patrick S. Rawley STAN CLAUSON ASSOCIATES, INC. ENCLOSURE ~..ECEPTION#: 556151, 02/02/2009 at 03:13:05 PM, t OF 5. R $28.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For au Administrative Variance to the Residential Design Standards for the Fox Crossing Subdivision, Lot 11, commonly known as 523 Walnut St. Parcel No.: 273707392011 APPLICANT: Fox Crossing Partners, LLC 601 E. Hopkins Ave, Suite 200 Aspen, CO 81611 REPRESENTATIVE: Stan Clawson Associates, Inc. 412 N. Mill St. Aspen, CO 81611 SUBJECT & SITE OF AMENDMENT: Fox Crossing Subdivision, Lot 11 523 Walnut St. Aspen, CO 81611 SUMMARY: The Community Development department has reviewed the submitted land use application for an Administrative Vaziance to the Residential Design Standazds for building orientation on Lot 11, of the Fox Crossing Subdivision, commonly known as 523 Walnut St. The variance request is for having the orientation of the building orthogonal to the adjacent side yard and not parallel to Lone Pine Road, which will make the orientation at a right angle. STAFF EVALUATIONS: The proposed variance is appropriate for the neighborhood where the building is located. The Community Development Department feels that the proposed orientation towards the side yazd is preferable to having the orientation to Lone Pine Road, as it will help conform to the existing layout of the subdivision, in which is laid out at right angles. Additionally, access onto Lone Pine Road from the site would create site triangle/access problems for driveway placement. REVIEW CRITERIA: Administrative Vaziances: 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; or .~. R; ~, Response: The proposed buildings fit into the context of the neighborhood as it exists today, as the houses are aligned in a grid/right angle. The proposed orientation to the side yard is consistent with the rest of the subdivision that has been built to date. b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Response: The site has the specif c constraint that access off of Lone Pine Road would be difficult/dangerous, as it is a busy road and site triangles/access for driveway placement are not available because of the curve in the road and the proximity to the intersection. If the buildings was to be oriented towards Lone Pine Road the orientation would be with the curve of the road and the building orientation would not be straight or at a right angle. DECISION: The Community Development Director finds that the application is consistent with the criteria for an Administrative Variance as per the land Use Code 26.410.040.A.1 and thereby APPROVES the variance as requested. APPROVED BY: is Bendon ,~. Date Community Development Director EXHIBIT A: Site Plan EXHIBIT B: Application APPROVED JAN . r, 1009 CWrIMUNITY DEVELOPMENT DIRECTOR CIIVOFASpEN s -^. ~' DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafrer "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26308.010, "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. Fox Crossing Partners LLC 601 E Hopkins Ave Suite 200 Aspen, CO 81611 970-544-0045 Property Owner's Name, Mailing Address and telephone number Fox Crossing Partners LLC 601 E Hopkins Ave Suite 200 Aspen, CO 81611, Parcel Number: 273707392011 Legal Description and Street Address of Subject Property Approval of a vaziance from the Residential Design Standazds for buildin¢ orientation. Written Description of the Site Specific Plan and/or Attachment Describing Plan Variance to Residential Desi¢n Standazds, January 29, 2009 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) February 8, 2009 ri Effective Date of Development Order (Same as date of p~lication of notice of approval.) ,. .. ~. ti'. tF February 8, 2012 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 28`h day of January 2009, by the City of Aspen Community Dev ment Di ector. ~~~~~~ Chris Bendon, Community Development Director mwer..e_cam . »mMU .wrxwmn NidSY '.MOS9WD IOW y lc IMIIVM mV r- S ~€ ~ ~ ¢ a SL731/KJNV 3~dLNNl7J S37NdH0 D 3S/lON 'lL 107 I ~® a y O W O 2 Ftr s~ ~ L----~- -- ~.._..._---- _./ -- ~ __- ~ - ----- _- a ~ e --- -- 4~ ' -~-- - I ~ !1 I; ® I I i ' ----------' oar ri ,~ i i __i 54 _~_~ J -- r_,f-~- ~4~ af~r/{%~;'~ ~. ~'] . f ©~ ~' s~°\ ATTACHMENT 2 -LAND USE APPLICATION ~~4! 9C ;r-,s~ ~ ~~ 44~~a Name: Fox Crossing Subdivision, Lot 11, Residence O Location: 0523 Walnut Street, Aspen, CO 81611 Indicate street address, lot & block number, le al descri tion where a ro riate Pazcel ID # RE UIRED 273707392011 APPLICANT: Name: Fox Crossing Partners LLC Address: 601 E. Hopkins, Suite 202, Aspen, CO 81611 Phone #: 970-544-0045 REPRESENTATIVE: Name: Stan Clauson Associates, Inc. Address: 412 N. Mill Street, Aspen, CO 81611 Phone #: 970-925-2323 TvrF'. n>: 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.) _ Lot 11 is a vacant lot. Amendment to Fox Crossing Subdivision Residential Design Standards Variance request, 9/30/05 PROPOSAL (description of proposed buildings uses modifications etc ) A variance to permit the building orientation to be orthogonal to adjacent side yard and not parallel to Lone Pine Rd. Have you attached the following? FEES DUE: $735.00 ^/ Pre-Application Conference Summary ^ Attachment #I, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ^ 3-D Model for lazge project All plans that are -arger than 8.5" X 11" must be folded. A disk with an electric copy of all written teat (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. ,,,.,~ -. Page 1 of 1 '., Janice K. Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970)429-2707 www.PitkinClerk.org Pitkin County Transaction #: 14309 Receipt #: 200900590 Cashier Date: 2/2/2009 3:13:06 PM (JHAAS) I I I II I I VI II VIII VII I VIII III I I III Print Date: 2/2/2009 3:13:07 PM Customer Information Transaction Information Payment Summary DateReceived: 02/02/2009 Source Code; Over the C ounter (ASPCIT) ASPEN CITY OF Q Code: Over the T t l F ATTN CITY CLERK Counter o a ees $26.00 Return Code: Over the Total Payments $26.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments ~ $26.00 P = CHECK 5051 1 Recorded Items (~`1 BK/PG: 0/0 Reception: 556151 Date:2/2/2009 R (APPROVAL) APPROVAL ANY 3:13:OSPM TYPE ___ ___ From: To: Recording @ $6 for lpg and $5 for 2 or more pgs I 5I $26.OOI $1 Surchazge Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 2/2/2009 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO 532 ~~ ~K ~~ STATE OF COLORADO County of Pitkin ss. 1 ~v `~~1 ~ ~c~~ (name, please print) being erro presenting 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) or Section 26.306.010 (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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me t-h~is/ ~/ day of _ , 2008, by ~c, ~-. SCW -~~ P BLIC NOTICE of DEVE PMENT APPROVAL Notice Is hereby van to the general public of the approval of a sit Specific tlevelopment plan, and the creation of a vestetl property nght pursuant to the Lantl Use Code of the Ciry of Aspen and Title 24, Article 68, Coloratlo Reviaetl SletNes, pertain Inq to the following tleSCribetl properly: 532 Walnut Street, also known as Fox Crossing, by the cyder of the Community Development Oirecror on January 29, 2009 the applicant received ap provals a variance to the Resitlential pasign Stan tlartl for the buiMing odenfafion. For furlher information wntact Andrea Hingley, at the City of Aspen Community Development Dept. 130 S. Galena SI, Aspen, Colorado (9]0) 4zs-2]w. sl Giry of Aspen Published in the Aspen Tme Weakly on February 8.2009. (2958yt t) WITNESS MY HAND AND OFFICIAL SEAL My com fission ex 'res: Notary Public ~ ATTACHMENTS: ~ CORY J. GARSKE COPY OF THE P UBLICATION My Commission Expires 0510812012 ~~ -=~- . ~ ~ f '~ ~ "STAN CLAUSON ASSOCIATESiNc landscape architectu re. planning. re 5o rt design '+. 4~z North Mill Street Aspen, Colorado 8ibv t. 97o/gz5-z3z3 f.97o/gzo-~6z8 ~' info~scaplanning.com wwwscaplanning.com f ~ ~. I ~~.~ 6 January 2009 Ms. Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 8161 1 R~~~I~iED ;I I Y ;,r ;-,OPEN ;OMf,4UN1T1' DEVELOPMENT ~r~iv o 7 2009 RE: Fox Crossing Subdivision, Lot 11, Residence O Variance Request Dear Jennifer: On behalf of our client, Fox Crossing Partners LLC, we are submitting the following information in connection with the referenced matter: • Check in the amount of $735.00 to cover any and all fees associated with the development application made for an administrative variance; • Land Use Application for a Residential Design Variance; • Email correspondence that will serve as our pre-application conference with you; and • Letter with attachments prepared by Stan requesting the variance to permit the building orientation as shown on the attached plan. Please do not hesitate to contact us with any questions. Sincerely, Patrick S. Rawley, Associate ASLA STAN CLAUSON ASSOCIATES, INC Enclosure Stan Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATESINC landscape architecture .planning .resort design 412 N. Mill Street Aspen, Colorado 81611 t. 970/925.2323 f. 970/920.1628 Stan@scaplannin .com www scaglannine com Please consider the environment before panting this email. __ _____. From:lennifer Phelan [mailto:Jennifer.Phelan@ci.aspen.co.us Sent: 30 December 2008 3:39P -~,, RE~EIi~ED SAN o 7 2009 _,i s vF ~,SpEN :OMMUiVITY DEyELOPMEPl~ To: Stan Clauson Subject: RE: Fox Crossing Lot 11, House Ci Variance Request lication and requires a fee of 5735.00 as well as the Hi Stan: An administrative variance is considered a development app lication and fee is submitted, staff can review it to see if it submission of a land use application. Once a formal app royal. If it cannot be handled administratively, P wtheed fferen a between anou wan qualifies as an administrative app to pursue a variance through the Planning and Zoning Commission. You can then ay administrative vs. minor application (as well as submit additional copies and be scheduled before the commission. Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www asgenpitkin.com From: Stan Clauson [mailto:stan@scaplanning.coml Sent: Monday, December 29, 2008 5:58 PM To: Jennifer Phelan Cc: Todd Grange; harris a. cahn; Nate Heintzman Subject: Fox Crossing Lot 11, House Ct Variance Request Hi Chris- Attached is an administrative variance request for a Fox Crossing property that has not received or required any of er Residential Design Standards variances. Please let me know if you have any questions regarding this request. Merry Christmas! Stan Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES INC resort design landscape architectur enPlcolorado 81611 412 N. Mill Street Asp <: ~- .~ THE CITY OF ASPEN Land Use Application Determination of Completeness Date: January 9, 2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0002.2009.ASLU, 523 Walnut -Residential Design Variance .The planner assigned to this case is Andrea Hingley. She will be in contact with you shortly to verify whether the variance can be granted administratively. ^ Your Laud Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: ,~ , 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. `>. <, Thank ou, 5 Jennifer Ph ,Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc