HomeMy WebLinkAboutLand Use Case.855 Stage Rd.0005.2010.ASLUTHE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0005.2010.ASLU
LOTS 4 &5 NO PARCEL
200 STAGE ROAD
SARA ADAMS
PUD DEVELOPMENT
DAVIS HORN
3.29.10
CLOSED BY ANGELA SCOREY ON: 6.15.10
Sara Adams
From: Tyler Christoff
Sent: Wednesday, February 24, 2010 9 10 AM
To: Sara Adams
Subject: RE. stage road envelope adjustment
Sara,
I reviewed the Stage Road application for amending the building envelop and didn't find any issues with the application.
The proposed changes did not impact City Right of way, access to either property, or any existing easements on site. It
was noted that the proposed temporary breezeway was no longer part of the application and access to each parcel
would be maintained.
Tyler A. Christoff
Project Manager
Engineering /Asset Management Department
City of Aspen
tVlercCoDci aspen.co. us
(970) 544 -3143
From: Sara Adams
Sent: Wednesday, February 24, 2010 9:03 AM
To: Tyler Christoff
Subject: stage road envelope adjustment
Hey Tyler, Could you send me a quickie email mentioning that you reviewed the insubstantial application and
engineering doesn't have any problemos with it? Thanks! Sara
Sara Adams
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tele 970�dZS,
fax 0701K, 5'
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11ry of Aspen
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
1 -e �0 y 6 VI (name, please print)
being or repres nting 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.
ignature
The foregoing "Affidavit of Notice" was acknowledg�e� this /J day
of 1e? , 2004, by. l ,m!),e
I PUBLIC NOTICE Of
OE1 LOPMENTAPPpr,tts.
Published in the Aspen Times Weekly en March
f4, 2010. [4751266)
WITNESS MY HAND AND OFFICIAL SEAL
My commis on pxpi r s: 5 ao
Notary Pu It
ATTACHMENTS:
COPY OF THE PUBLICATION {� S CORY J.
d1 's GARSKE
My Cw NnAn €x0res OSMP012
M
111vt RICK n1i [ i [ is hIyMPI
Attorneys at Law 141%, 4'aterlao "C", n
Paul I Aotn
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730 F_ Durant Avenue
Suite 200
Aspcn, CO 81611
970.920.1028
970.925.6847
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999 18th Street
30th Floor
Den, er, CO 80202
1 303.893.9700
.. 303.893.7900
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2415 E. Camelback
Suite 700
Phoenix, A% 85016
'... 480.921.4044
480921.8688
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7633 F. 63rd Place
Suite 300 -18
Tulsa, OK 74133
1.918.459.4634
970.925.6847
March 23, 2010
John Worcester, Esq.
Aspen City Attorney
130 S. Galena St.
Aspen, CO 81611
RE: Water Rights for Pond at Andrew and Dana Stone Property, Lots 4 and S,
Stage Road Planned Unit Development (our file 4980A)
Dear John:
This firm represents Andrew and Dana Stone, who own Lots 4 and 5, Stage Road
Planned Unit Development (a/k/a Double Bar X Ranch). The Stones have been
working with the City on their landscaping plans for their property, and in
conjunction with that work the City has asked for a letter from our office describing
the water rights for the proposed pond to be located on Lots 4 and 5.
We have applied for water rights for the several ponds at Stage Road PUD and an
augmentation plan in Case Nos. 04CW231 and 04CW232, Water Division 5. Those
cases will decree water rights for the proposed pond, and others, as well as an
augmentation plan using senior Willow Creek Ditch and Herrick Ditch water to
augment the pond evaporation. The cases are pending before the water court and all
work is complete; we are merely waiting for the water judge to sign the decrees.
The Stones may lawfully construct the pond immediately, however, because in
Colorado a decree does not grant, but merely confirms, preexisting water rights.
The water rights arise when the owner has intent to appropriate the water, coupled
with an open, physical act (in this case, the filing of the application in Case No.
04CW231).
a professional corpolation
11,\1 1;1( K nui
John Worcester, Esq.
Page 2
March 23, 2010
We hope this information is helpful. We would be happy to discuss this issue with you if you
have any questions.
Very truly yours,
PATRICK, MILLER & KROPF, P.C.
A Professional Corporation
By: 6U ki
Paul L. Noto
notona,waterlaw. com
cc: Andrew and Dana Stone
Glenn Hom
W:VSwnq Andrew \980 A \Letters \Worcester 3- 29- 10.doc
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Memorandum
March 16, 2010
To: Sara Adams, City Community Development Planner
From: Brian Flynn, Open Space and Special Projects Manager
Re: Lot 4 and 5 Double Bar X Ranch PUD Amendment
The Double Bar X Ranch PUD includes roughly 72 acres of agricultural easements. The
Easement was set aside to protect, in perpetuity, the ranching character of Aspen's past. The
development has achieved a balance between a housing development and protection of the
ranching vernacular. The City of Aspen is the easement holder and charged with enforcing and
monitoring the uses and impacts on the easement.
The applicant has proposed considerable landscaping improvements located within the
agricultural easement. Although the PUD allows for landscaping within 100 feet of a structure,
the easement covenants provide specific requirements for improvements located within the
easement. It is the purpose and intent of the easement to protect the conservation values of the
agricultural easement. This will require that any and all planting that takes place within the
easement boundary to be in concert with the ranch character of the Double Bar X Ranch.
Acceptable plantings would include raw water ponds and associated shrubs ad grasses typical of
wetland areas, cottonwood stands, evergreen stands, mixed shrubs of gamble oak, service berry,
choke cherry, native grasses and more as reviewed and approved. Prohibited improvements or
plantings would include, but not limited to, rock walls, blue grass lawns, berms, hedge rows of
trees or shrubs, perennial gardens and other non typical ranch landscaping.
The City of Aspen Parks Department will require an initial review of a detailed plan that calls
out each individual plant, tree, seed mix and other landscape features proposed to be located
within the easement. After the initial review and approval the applicant can submit the final plan
with the building permit in order to receive final approval.
DEVELOPMENT ORDER
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 (3) -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 the
change is accomplished or 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.
Property Owner's Name Mailing Address and telephone number:
Dana and Andrew Stone, 740 Park Avenue, New York, NY, 10021. (212) 812 -6180.
Legal Description and Street Address of Subiect Property:
Lots 4 and 5 of the Stage Road Planned Unit Development, Aspen, Colorado.
LCJC, lutiv.. v......
An Insubstantial Amendment to Stage Road Planned Unit Development (Ordinance No.
6, Series of 2005) to reconfigure the building envelopes on Lots 4 and 5, with a
slight decrease in building envelope square footage for both lots.
Land Use Approval Received and Dates:
Administrative approval granted March 8i', 2010.
Effective Date of Development Order:
March 14` , 2010. (Same as date of publication of notice of approval.)
Expiration Date of Development Order:
March 14, 2013. (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.)
14" day of March 2010, by the City of Aspen Community Development Director,
Chris Bendon
Community Development Director
City of Aspen
RECEPTION #: 568033, 03/29/2010 at
03:47:51 PM,
1 OF 3, R $16.00 Doc Code ORDER
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
For an Insubstantial PUD Amendment to Stage Road PUD/
Subdivision for Lots 4 and 5
Parcel ID No.: 2735.023.03.004 and 2735.023.03.005
APPLICANTS: Dana and Andrew Stone
740 Park Avenue
New York, NY 10021
REPRESENTATIVE: Glenn Horn of Davis Horn Inc, Planning and Real
Estate Consulting. 970/925 -6587
SUBJECT & SITE OF
AMENDMENT: Lots 4 and 5 of the Stage Road PUD
SUMMARY:
The applicants have requested an Insubstantial PUD Amendment to amend the existing building
envelopes of Lots 4 and 5. The applicants currently own both parcels and prefer to have the
distance between the building envelopes reduced.
STAFF EVALUATION:
The proposed change to amend the envelope meets the review criteria for an Insubstantial PUD
Amendment (Exhibit A). The changes proposed are minimal.
As a side note, the proposed breezeway shown in the application that spans between the two lots
is not permitted to be located outside the building envelopes. Also, the ADU proposed for lot 5
appears to have 502 square feet, where a minimum of 600 square feet is required as per the PUD
approvals. Conifers shall be planted in a manner that allows for the appropriate growing space
both between trees and next to structures. Planting used for screening should be planted in
clusters and groupings that will lessen the "living fence" feel of the current plantings planed for
screening.
DECISION:
The Community Development Director finds the Administrative Application for an
Insubstantial PUD Amendment as noted above and on Exhibit `A' to be consistent with the
review criteria (Exhibit A) and thereby, APPROVES the request.
AP VED Y:
Chn endon, ommunity Development Director
Attachments:
Exhibit A: Review Criteria
Exhibit B: Application
Page 1 of 2
AZ�A b Z21 r?
Date
E. 41BIT `A'
Section 26.445.100 Amendment of PUD development order
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development
plan may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
A change in the use or character of the development.
There is no change in the use or character of the building, each parcel is developed with
a single-family residence and an ADU.
2. An increase by greater than three percent (3 %) in the overall coverage of structures on
the land.
The there is no increase in coverage.
Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
Trip generation and demand for public services will not be impacted by this amendment.
4. A reduction by greater than three percent (3 %) of the approved open space.
There is no change to the open space. The building envelopes for each parcel are
proposed to be slightly smaller as represented in the application.
5. A reduction by greater than one percent (1 %) of the off- street parking and loading space.
There is no change in the parking /loading space.
6. A reduction in required pavement widths or rights -of -way for streets and easements.
There is no change in the ROW's widths, streets or easements.
7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of
commercial buildings.
There is no gross leasable floor area.
8. An increase by greater than one percent (1 %) in the approved residential density of the
development.
There is no increase in residential density.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's approved use
or dimensional requirements.
The change is consistent with the approved use and does not require a dimensional
variation.
Page 2 of 2
AGREEMENT REGARDING AGRICULTURAL USE OF
BAR SLASH X LOT 4 AND 5 PONDS
THIS AGREEMENT is made and entered into on this day of 2010, by
and between Andrew and Dana Stone, whose address is 740 Park Avenue, New York, NY,
10021, and Stage Road Homeowners Association, a Colorado nonprofit corporation, whose
address is c/o Greg Hills, 532 East Hopkins, Aspen, CO, 81611.
RECITALS
WHEREAS, Andrew and Dana Stone ( "Stones ") own Lots 4 and 5, Stage Road Planned Unit
Development, according to the Plat thereof recorded on October 7, 2005 in Plat Book 75 at Page
32 as Reception No. 515869, Pitkin County Records;
WHEREAS, Stage Road Homeowners Association (the "Association ") is a Colorado nonprofit
corporation formed to acquire, construct, manage, maintain, and care for the association property
of Stage Road Planned Unit Development;
WHEREAS, Stones wish to combine the water rights for the Bar Slash X Ranch Lot 4 Pond and
Bar Slash X Ranch Lot 5 Pond into one pond which will be located on both Lots 4 and 5 of Stage
Road Planned Unit Development;
WHEREAS, the Association will allow Stones to combine the water rights into one pond, subject
to the terms of this Agreement; and
WHEREAS, Stones for their part recognize the primary agricultural purpose of Bar Slash X
Ranch Lot 4 Pond (the "Lot 4 Pond ") and Bar Slash X Ranch Lot 5 Pond (the "Lot 5 Pond "), and
the Association's rights of use thereof for agricultural irrigation purposes; and
WHEREAS, Stones and the Association by this Agreement wish to confirm their understanding
and the terms and conditions under which the Association can use the combined Lot 4 Pond and
Lot 5 Pond for agricultural irrigation purposes, and the terms and conditions under which Stones
may combine the Lot 4 Pond and Lot 5 Pond into one larger pond.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, and the mutual promises and covenants contained herein, the parties agree as
follows:
1. Agricultural Use of Lot 4 Pond and Lot 5 Pond. The parties recognize, agree, and
confirm that the Association and its agents and assigns may access Lots 4 and 5, Stage Road
Planned Unit Development, for the purposes of using and operating the combined Lot 4 Pond
and Lot 5 Pond, and associated irrigation equipment, for agricultural irrigation purposes. The
Association's use of the Lot 4 Pond and Lot 5 Pond shall be limited to the purposes and terms of
the Association's easement for such use established pursuant to paragraph 5.6.2 of the First
Amendment to Amended and Restated Declaration of Covenants, Easements, Conditions and
Restrictions for Stage Road Planned Unit Development /Subdivision recorded on January 1, 2007
Agreement Regarding Agricultural Use of Ponds
Page 2
at Reception No. 533814, Pitkin County Records (the "First Amended Covenants "). The parties
recognize, agree, and confirm that the Stones retain exclusive use of the combined Lot 4 Pond
and Lot 5 Pond for recreational and piscatorial purposes (including, but not limited to, such
purposes as boating, floating, fish propagation, fishing and other surface or sub - surface uses.)
As an operational irrigation pond, pursuant to First Amended Covenants, the Stone's use of the
combined Lot 4 Pond and Lot 5 Pond is subject to Association rules and regulations for the
same, as adopted from time to time.
2. Consent to Combining of Ponds. Subject to its prior review and written approval of the
proposed design for the combined Lot 4 Pond and Lot 5 Pond, the Association consents to the
Stone's combining of the two ponds into one larger pond. The combined pond shall be limited to
the combined sizes (surface area and volume) of the Lot 4 Pond and Lot 5 Pond indicated in the
Third Amended Application in pending Case No. 04CW231, District Court, Water Division 5,
and any Water Court decree in that case.
3. Indemnity. The Association agrees to indemnify and hold Stones harmless from and
against any and all liabilities, claims, losses, lawsuits, judgments, and/or expenses, including
attorney fees, occurring or arising, either directly or indirectly, from property damage to Stone's
property caused by Associations agricultural use of the combined Lot 4 and Lot 5 pond.
4. Legal Representation. The parties hereto recognize and agree that Patrick, Miller and
Kropf, P.C. serves as water counsel for both the Association and Stones. The parties have
consented to the joint representation in writing by prior letter agreement. The parties recognize
that to the extent an actual conflict arises between the parties concerning this Agreement and the
subject matter hereof, Patrick, Miller and Kropf, P.C. will withdraw as counsel for both parties
on matters related to this Agreement.
5. Amendments. The parties agree that neither party may alter, amend or otherwise change
the terms of this Agreement without written consent of the other party. No oral, email or other
communications shall supersede this Agreement without formal written amendment. No waiver
of any breach of this Agreement shall be construed as an implied amendment or agreement to
amend any provision of this Agreement.
6. Recordation. It is expressly understood that this document may be recorded in the real
property records of Pitkin County.
7. Attorneys Fees. In the event either of the parties deems it necessary to take legal action
to enforce or defend any part of this Agreement, the substantially prevailing party in such action
shall be entitled to recover their attorneys' fees, expert witness fees and costs. Pitkin County,
Colorado shall be the proper venue for any action hereunder.
8. Construction. The recitals set forth above are true and correct and form a material part of
this Agreement.
Agreement Regarding Agricultural Use of Ponds
Page 3
9. Severability. A determination that any one of the provisions of this Agreement is invalid
or unenforceable shall not affect the validity of the remaining provisions of this Agreement or in
any way render them unenforceable.
10. Binding Agreement. This Agreement shall inure to the benefit of and be binding upon
the heirs, executors, administrators, successors, and assigns of the parties.
11. Notice. All notices required under this Agreement shall be in writing and shall be hand
delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the
addresses of the parties set forth below. All notices so given shall be considered effective three
days after deposit in the U.S. Mail to the addresses below. Either party by notice so given may
change the address to which future notices shall be sent.
Andrew and Dana Stone
740 Park Avenue
New York, NY 10021
(212) 812 -6180
Stage Road Homeowners Association
c/o Greg Hills, President
532 East Hopkins
Aspen, CO 81611
(970) 920 -4988
12. Execution in Counterparts. This Agreement may be executed in multiple parts as
originals or by facsimile copies of executed originals; provided, however, if executed and
evidence of execution is made by facsimile copy, then an original shall be provided to the other
party upon request. When all of the parties to this Agreement have signed at least one copy, such
copies together will constitute a fully executed and binding contract.
WHEREFORE, the parties indicate their acceptance of the terms and conditions of this
Agreement by affixing their respective signatures hereto.
ANDREW AND DANA STONE:
Agreement Regarding Agricultural Use of Ponds
Page 4
STATE OF NEW YORK )
) ss.
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me by
this day of , 2010.
Witness my hand and official seal.
My commission expires:
STAGE ROAD HOMEOWNERS ASSOCIATION:
Greg Hills, President
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
on
The foregoing instrument was acknowledged before me by Greg Hills, as President of Stage
Road Homeowners Association, on this day of 2010.
Witness my hand and official seal.
My commission expires:
Sara Adams
From:
Tyler Christoff
Sent:
Friday, March 05, 2010 9:26 AM
To:
Sara Adams
Subject:
RE: Stone Plat: Some Questions
If it's the same deal as last time, it sounds like we are good to go. Sorry for misunderstanding.
Tyler A. Christoff
Project Manager
Engineering /Asset Management Department
City of Aspen
tylerc @cl.aspen.co.0
(970) 544 -3143
From: Sara Adams
Sent: Friday, March 05, 2010 9:25 AM
To: Tyler Christoff
Subject: RE: Stone Plat: Some Questions
I'll send the paper copy over again if you want. -Sara
Sara Adams. Senior Planner.
iS1,'1
www .aspenhistoricpreservation.com
From: Tyler Christoff
Sent: Friday, March 05, 2010 9:20 AM
To: Sara Adams
Subject: RE: Stone Plat: Some Questions
Sara,
Sure, we'll take a signature line. We usually like a paper review just so they don't waste money on mylars if there are
revisions. Thanks.
Tyler A. Christoff
Project Manager
Engineering /Asset Management Department
City of Aspen
tylerc @ci.aspen.co.us
(970) 544 -3143
i
From: Sara Adams
Sent: Friday, March 05, 2010 9:14 AM
To: Tyler Christoff
Subject: FW: Stone Plat: Some Questions
Hey Tyler, The email below refers to the envelope adjustment that I sent over to you a week or so ago. Do you want a
signature line on the plat and /or do you want to review the plat again before it is printed on mylar? -Sara
Sara Adams. Senior Planner.
City of Aspen 130 South "galena Street.
Aspen CO 81611
tele u701VO2778
fax 9701920 55;3
www.aspenhistodcpreservation.com
From: Glenn Horn [mailto:ghorn @rof.net]
Sent: Friday, March 05, 2010 9:08 AM
To: Sara Adams
Subject: Stone Plat: Some Questions
Sara:
I am getting ready to finalize the plat. There is not a signature box for the Parks Department and the City Engineer. Do
we need to add these signature blocks. Also, is there any problem with adding a "landscape" easement to the
"recreation easement" which benefits both lots. I don't see why anyone would care.
Please let me know.
Sorry about the "h" in Sara. I bet that happens a lot. I get a lot of "Glen" instead of "Glenn."
Thanks.
Glenn
Davis Horn Incorporated
Glenn Horn AICP
970- 925 -6587
Davis Horn-
PLANNING & REAL ESTATE CONSULTING
February 4, 2010
Jennifer Phelan AICP
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Stage Road Planned Unit Development/Subdivision Lots 4 & 5 — Insubstantial
Planned Unit Development Amendment
Dear Jennifer:
Dana C. Stone and Andrew D. Stone ("Applicant") own Stage Road Planned Unit
Development/Subdivision (PUD), Lots 4 and 5. The Applicant is represented by Davis
Horn Incorporated in this land use request.
Attachment 1, the first page of the Plat, contains a Vicinity Map which depicts the
location of the PUD /Subdivision. Attachment 2, the second page of the Plat, depicts the
locations of Lots 4 and 5.
The Applicant is seeking an Insubstantial Planned Unit Development Amendment to
enable the development of a single family residence and Accessory Dwelling Unit (ADU)
on each lot. The Applicant intends to develop the Lots as a unified family ranch
compound which will be used as one Lot. The development plan has been designed to
keep the Lots separate so that they may be sold individually in the event that there is a
change of ownership in the future.
This application is divided in the following four sections:
1. Background;
2. Project Description;
3. Land Use Approvals; and
4. Summary.
ALICE DAVIS AICP 1 GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 - ASPEN, COLORADO 8161 f.n 970 /925 -6587 • FAX: 970/925 -5180
b 0
BACKGROUND
The Stage Road Subdivision/PUD was approved by the City of Aspen on September 28,
2005 pursuant to Ordinance No. 6, Series of 2005. The Ordinance establishes that site
development will be guided by the "PUD Control Document, Development and Vested
Rights Agreement: Stage Road Planned Unit Development/Subdivision" recorded at
Reception No. 515890 (PUD Control Document). The PUD Control Document clearly
establishes the land use entitlements for the subject lots and includes Design Guidelines
(reception No. 515890) intended to guide the appearance of site development.
The Applicant's proposal for site development has been reviewed and approved by the
Stage Road Architectural Control Committee (ACC). Attachment 3 is a letter from Greg
Hills of the ACC which approves the proposal prepared by Backen Gillam Architects
dated January 29, 2010 which is included in this land use application.
PROJECT DESCRIPTION
The Stage Road PUD /Subdivision is located on the Double Bar X Ranch formerly owned
by the Zoline family. The PUD /Subdivision is commonly known as the Double Bar X
Ranch. The Applicants are seeking to develop a family compound in a ranch style made
up of a grouping of structures. The proposed site plan is similar in many ways to
grouping of buildings that characterize ranch development in Pitkin County and western
Colorado.
The Applicant considered unifying Lots 4 and 5 as one lot, but after consultations with
the City Community Development Department Staff, decided not to combine the Lots.
Lots 4 and 5 will be developed as one project; however the Applicant will maintain
separate lots that may be sold individually if circumstances change in the future.
The Double Bar X Ranch is bifurcated by the Stage Road. The Stage Road used to be the
main Road entering the City of Aspen. The PUD site plan locates five lots on the fringe
of a large irrigated meadow. A new Road, Relay Road, links the Stage Road to Lots 1, 2
and 3 which are located on the south side of the irrigated meadow, by the Maroon Creek
Bridge.
Refer to Attachment 4, a portion of an illustrative plan for the Double Bar X Ranch,
which depicts the south end of the PUD. Lots 4 and 5 are located on the northwest end of
the irrigated meadow. The building envelopes are on dry land which is slightly higher
than the irrigated meadow. Similarly to many ranches, this area dry area was formerly
used as a storage area for the ranch because it was proximate to the Ranch house, but not
productive land.
b '�
Lots 4 and 5 overlook the irrigated meadow in the foreground with views of the Shadow
Mountain, Aspen Mountain, Mount Hayden, Highland Peak and Tieback in the
background. Refer to Attachment 5, Site Analysis, which depicts the site planning
considerations. As shown in Attachment 5, the Applicant is seeking to orient the ranch
compound toward the mountain views overlooking a pond. The landscaping is designed
to screen views of the golf course and neighboring homes from the Stone residence and
to screen the proposed residence from Stage Road, Relay Road and the Double Bar X
Ranch fathering parcel which is located on the north side of the State Road.
The two Lots will be served by a common driveway linking Relay Road to the Stage
Road (see Attachment 5). There will be a reciprocal access easement benefiting both
lots. The access will plan will not change if the lots are sold separately. We have met
with the Fire Marshall. The ingress and egress plan has been designed based upon his
recommendations.
Attachment 6 depicts a Site Plan prepared by Backen Gillam, the project architect and
Attachment 7 depicts a Site Plan prepared by Design Workshop, the project landscape
architect.
Attachment 6, the architect's Site Plan, depicts the proposed building envelopes,
conceptual building footprints, conceptual floor area distribution and conceptual grading.
The Plan illustrates how the proposed building pods are linked by walkways to break up
the building mass. The proposed building setbacks are clearly identified on Attachment 6.
The Applicant is proposing a temporary breezeway which will cover a walkway linking
the house on Lot 4 to the house on Lot 5. The temporary breezeway will not be connected
to the structures and will not have walls. It is designed so that it may be removed, in the
event that the lots are ever sold separately.
Attachment 7, the landscape architects Site Plan, clearly labels the proposed uses on the
site and conceptual landscaping. A common auto court (Area G) is shown on the Site
Plan. A reciprocal easement is proposed for use of the auto court.
Attachments 8 -11 depict the proposed conceptual Building Elevations for each lot.
Attachment 12 depicts the Proposed Plant List & Framework Diagram. The Diagram
identifies the following four landscape zones proposed for the property and lists the plant
materials proposed for each zone:
1. Indigenous Ranch Zone;
2. Irrigation Zone;
3. Pond Zone; and
4. House Zone.
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Attachment 13 is the proposed Tree Planting Plan which shows proposed tree sizes and
conceptual locations.
Finally, refer to Attachment 14, the First Amended Plat of Lot 4 and 5 Stage Road
Planned Unit Development/Subdivision. The Plat depicts the existing and proposed
building envelopes. The shapes of the building envelopes have been slightly changed to
reduce the setback between Lots 4 and 5. The resulting building envelope sizes are
virtually the same as originally platted.
The Plat proposes blanket easements across both Lots for utilities, drainage, irrigation
and recreation. The blanket easements are intended to facilitate construction. Plans at
this time are conceptual and are in the process of being finalized. Similar to a
condominium plat, the Applicant intends to field locate and survey as built utility,
drainage, and recreational improvements. The Applicant proposes submitting a second
amended plat following site development to document specific easements.
LAND USE APPROVALS
Attachment I5, City of Aspen Pre - Application Conference Summary Sheet, indicates that
the applicant is required to address Section 26.445.100 A. of the City of Aspen Land Use
Code. This section of the land use application demonstrates compliance with the Code.
Standards appear in bold followed by the Applicant's responses.
The following shall not be considered an insubstantial amendment.
1. A change in the use or character of the development.
The use of the property will not be changed by the insubstantial amendment. The Project
Description indicates that the character of the development will not change as a result of
the proposed amendment.
2. An increase by greater than three (3) percent in the overall coverage of
structures on the land.
Site coverage will not change as a result of the amendment.
3. Any development that substantially increases trip generation rates of the
proposed development or the demand for public facilities.
Trip generation and demand for public facilities will not be affected by the proposed
amendment.
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4. A reduction by greater than three (3) percent of the approved open space.
The amount of open space in the PUD will not be affected by the proposed amendment.
5. A reduction by greater than one (1) percent of the off - street parking and
loading space.
There will be no reduction in off - street parking. The project meets Code standards.
Loading space is not applicable to a residential project.
6. A reduction in required pavement widths or rights -of -way for streets and
easements.
Pavement widths and rights -of -way will not be affected by the proposed amendment.
7. An increase of greater than two percent in the approved gross leasable floor
area of commercial buildings.
This standard is not applicable.
8. An increase by greater than one (1) percent in the approved residential
density of the development.
A density increase is not proposed.
9. Any change which is inconsistent with a condition or representation of the
projects original approval which requires granting a variation form the
projects approved dimensional requirements.
The proposed change is consistent with the original approval. The only change to
dimensional requirements is the change to the building envelopes. There is not increase it
the sizes of the envelopes. The envelopes are virtually the same size (see Attachment 14)
SUMMARY
This land use application has explained the background associated with the approval of
Lots 4 and 5 of the Stage Road PUD /Subdivision and described the proposed
development of Lots 4 and 5. The Applicant is seeking an insubstantial PUD amendment
to reconfigure the Lots 4 and 5 building envelopes. The Applicant has demonstrated
compliance with Section 26.445.100 A. of the Land Use Code and submitted a draft
proposed Plat.
The following is list of Attachments referenced in this land use application.
1. Vicinity Map: First Page of Stage Road Planned Unit Development/Subdivision
Plat recorded at Plat Book 75, Page 32
2. Location of Lots 4 and 5: Second Page of Stage Road Planned Unit
Development/Subdivision Plat recorded at Plat Book 75, Page 33
3, January 31, 2010 letter from Greg Hills, Stage Road Architectural Control
Committee, approving the January 29, 2010 architectural plans prepared by
Backen Gillam Architects
4. A Portion of the Double Bar X Illustrative Site Plan depicting the South side of
the PUD
5. Site Analysis
6. Site Plan prepared by Architect
7. Site Plan prepared by Landscape Architect
8. Lot 4: North and South Building Elevations
9. Lot 4: West and East Building Elevations
10. Lot 5: North and South Building Elevations
11. Lot 5: East and West Building Elevations
12. Proposed Plant List and Framework Diagram
13. Tree Planting Plan
14. First Amended Plat of Lot 4 and 5 Stage Road Planned Unit
Development/Subdivision
15. City of Aspen Pre - Application Conference Summary Sheet
16. Fee Agreement
17. Letter Authorizing Application Submission and
Gl
18. Title Commitments
Thank you for assisting us to prepare this land use application. Please contact us if we
have neglected to include something or if you have any questions.
Sincerely,
DAVIS HORN INCORPORATED
GLENN HORN AICIP
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GREG HILLS
STAGE ROAD ARCHITECTURAL CONTROL COMMITTEE
c/o AUSTIN LAWRENCE PARTNERS
532 HOPKINS AVNEUE
ASPEN, COLORADO 81611
920-4988
January 31, 2010
Jennifer Phelan AICP
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Stage Road Planned Unit Development/Subdivision Lots 4 & 5
Dear Jennifer:
rTACHMENT 3
The Stage Road Architectural Control Committee (ACC) has reviewed the architectural
plans for Stage Road Planned Unit Development (PUD)/ Subdivision Lots 4 and 5
prepared by Backen Gillam Architects. The lots are owned by Dana C. Stone and
Andrew D. Stone.
The ACC has approved the initial submittal prepared by Backen Gillam Architects which
is dated January 29, 2010 with the following conditions.
1. The ACC reserves the right to approve the planting of trees in the drive way area
so that they maintain an appropriate view from Stage Road. Richard Shaw of
Design workshop assured me that the plantings wouldn't cause a view issue. We
want to be on site during irrigation/planting so to approve the site locations.
2. The ACC approval is contingent upon our further review of a detailed plan which
shows roof ridge heights clearly identified based upon topographic mapping.
You are welcome to contact me at 920 4988 if you have any questions.
Thank you.
Sincerely,
G G LLS
CH TECTURAL CONTROL COMMITTEE
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PLANNER:
PROJECT:
REPRESENTATIVE:
TYPE OF APPLICATION:
A ATTACHMENT
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
Jennifer Phelan, 429 -2759
Lots 4 & 5, Stage Road Subdivision/PUD (AKA: Bar X)
Glen Horn
Insubstantial Planned Unit Development (PUD) Amendment
DATE: 8/11/09
DESCRIPTION: The prospective Applicant would like to amend the shape of the building envelopes for Lots
4 and 5 of the PUD to enable the development of a single - family residence on each lot with
common amenities, as the Applicant owns both lots. The Applicant is considering reducing
the separation of the two envelopes from approximately 77 feet to 40 feet. Moving the
envelopes in a manner that permits structures to be closer together can be approved
administratively. Moving the envelope boundaries in a manner that permits attached
structures (crossing property lines) or structures so close together as to appear as a single
home will require a board review. Development of a pond spanning two properties can be
approved administratively.
Development of the two properties as one `compound' should include the physical ability to
separate the two properties in the future. For example, a plan developed with one driveway
serving both properties should contemplate a second access point that could be improved at
a later date. Adequate room between the two envelopes should be provided for any future
required landscape berms as encouraged in the PUD's design guidelines.
As with any envelope adjustment, no net increase in the area of each envelope is permitted.
The lots are part of a Planned Unit Development (PUD) and PUD Amendment approval is
required to modify the PUD and allow the alteration of the development envelopes.
Approval to apply for the amendment shall be provided by the Homeowners Association.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.100 A. Planned Unit Development — Insubstantial Amendment
Review by: - Staff for complete application
- Referral agencies for technical considerations
- Community Development Director (for administrative decision on the amendment request,
unless it is determined that the application does not qualify as an insubstantial
amendment).
Public Hearing: No
Planning Fees: $735.00. Deposit for 3 hours of staff time (additional staff time required is billed at $225 per
hour, $212.00 each for Parks and Engineering referrals)
Total Deposit: $1,159.00
Total Number of Application Copies:
Administrative Insubstantial PUD Amendment: 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. A proposed PUD Amendment plat showing the change to the development envelope.
11. 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.
12. All other materials required pursuant to the specific submittal requirements.
13. 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 current 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.
Sett By: The Stole Residence; .,� 21 2 7 1 75048; Ja-1 -2 "c "^ 12:59PAt; Fige 2!5
ATTACHMENT-6
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
.{uret•mert k,r Pxwnrattnt CC " its, .d fj+ixA Mvekmmrnr AAnalicsillon Fir
t. l "rvrlPnSPC:Nrlxwin;,ltuC!'fYl: :mil" fit lccf' �j��jl(,S- __y,d ;i]{�,__.r`��'fL _
ifxtameRur AYI'LIC,A.N ". 1 A(ii1Lp. :SS PU6LUI�Y3:
APM.aiANThuswxii it, v,itoC' A'aoytp!n:eaulet
Irl,V WJ-tfrA4 A Oft flhliJT2Jri _-t� a _,Pra_��t
Oncirtuller. TIM C. PROJB C7_L (PUlJ)
2. Al9'I.ICANr �.n.dvrstmtir aril agwvs ilia, City wf'A,pcn O,dman:: Nn. 57 t&vries oC SMkt;
c.+.SlistkY a fi,e alttx:Nrr in< �,atad Use appficutluns :and ti: pa),uvxt pf';di piJ.vasing ie:a is a caxlition MvuaS.stt
to s dcteminuth:n of apfk cAnon cempk9:timxt.
i 4PPLiC.ANT and Cl IN apa ,hot htcaiau of rh: sia, raison: or ru,Jpr of Ilin . ptolwss:d pssk.t. r
,Y :xd Ptudilik :r lha %am to :r,eualua the full esicnl of :h: cask, in,vt i ir, proaNxtng the WIR:, wn
APPLICANTami C:I'TY fwihvt adtcv that it is to 1l:c,otctcat of the p;irti:s thu APPLICANT' imkc payntem of .n
Timid dcori it and to du(CAIL't twrtnit addillona! :usu to hu Wflud to APPLICANT son a monthly hava.;
APPLlC.4NTaprs.ackh, Tema, coat: wyaurr, x! vlln, virmgtheirheu .ingsand',xy+pnsvals. AI'Pf.JC'ANTign:slx
will b. 5,nefl :d §y mWasirg gmuwr u.sh Iicvidity aril wilt make ,ahhtxngl pay, :this unnn not,fu:aflm by nos
, bin thrit rsts:essary ae cot, .. ! .1 , .1: l l; • i — . ; e.;,„,gh 1h• ;;roar %: iw tLtl c4U Its r ri1wo APP1.!r •.T -!*x" I'T
a. CITY :ail APPLICANI ILtiwr Ww Our it is imprx.;hKble for CITY staff to vwsPkx
pnxrssiny of pic;" sulficara intnrntal an to Ihv Punning CatmuKaign atautu Cin• Cowmd tv wdole;ha 11J „ohing
Ca -Imiwsirat info: Pity Couaad to make icglAy •siuitvd.rrpdm�,.+ li. /prgla't,Chrsiuxation, unless .iair'nl hriting:,
anc paid m Ul pn Ilnr ii;!on.6a1:
i, Il :erclS :e, APPLICA`rr :Krug tkat in cauaivtafcn of slid CJTY's waiver if its fight to ral1::1
Ct!I fees ptit t gnir; ;viol sof appf[CO n cunr?IUanaa, APPLICANY ,hall pay an initial skit to ow
amauu.ni ti
W- wit” - fat mount of LN11aonity Uuve;epmunt staff tune, and �f auud
,courded coats d,,,ia d rote initc,t .panic, API .IVANT shall gay s,'+ritlooW ownti y billhop to CITY to rutullur:at
the CITY em, ,In prac,;aioW .,r i .: application t uaiutal ullow, ttrisistroug post app&A-di nwica• u a twe i;r$220(10
per pLawer liour over the initial dcpvait, Such pa iud:v 7ayrtniu aloud lid rttada ard,in 70 days of Iho 6111:111; art:.
.APPL1CAK l' ftuth:r uerevs:h sot falur: to pay vxh :a:.nivJ cows a!uU be Igaonde flu swnumiaa of pra`eraitl4r, ani
in ao cur will bud,,ing pcnmv ht issxd until all cM associau:d with ease pro:t-icog Navy burn paid.
C01 OF AWN
8v:
Chris Brudaa
Community Aevrlopme,t Ilircctaf
�dsupT,lrtVYOnniwrrpxya s.dat
hLvli0fi
By
Daly:
no "OrYle
Bill I'm Magiilll Address and Telephaae Nsor,Aar:
Sent ?y: The Stone Residence; 212711,5049; jan- 22 -'^' 12:59PM; Page 3/3
ti
ATTACHMENT! 1
Andrew and Dana Stone
740 Park Avenue
NcW York City, Kew York 10021
(212) 812 - 61180
January 11. 2-010
Jrnnii¢r Phelan
City ofAspcn Community Development Department
130 South (.1aterta Strcct
Aspcn, CO. 81611
RE: Authorization Loncr for the Stone Property
Lots 4 and 5. Stage Road Subdivision /PUD
Dcar Jennifer:
As the owners of Lots 4 and 5 orlhc stage Road Subdivision,'PUD, we
authorize Davis I I n'n Inc. to submit a land use application or. our behalf'
and to represent us in the land use review process.. These properties are the
subject of a land use application requesting approval for an Insubstantial
Plan '-X Unit Development (PUD) Amendment. Davis Horn Inc. is
located ui 215 South Monarch Street, Suite 104 in Aspen or you wn reach
(peen by lshonc at (970) 935 -6587. Plcase call meat the above number if
You need anything further.
Sincerely.
D. STONE
MINA C. STONE
Owners Loth 4 and 5
Stage Road Subdivision /PUD
COMMITMENT FOR TITLE INSURANCE ATTACHMENT
SCHEDULE A
1. Effective Date: December 4, 2009 at 8:00 AM
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy- (6117/06)
Proposed Insured:
PROFORMA
(b) ALTA Loan Policy- (6/17/06)
Proposed Insured:
(c) ALTA Loan Policy- (6/17/06)
Proposed Insured:
Case No. PCT225591-2
Amount$ 0.00
Premium$ 0.00
Rate:
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:
ANDREW DAVID STONE and DANA C. STONE
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT 5,
STAGE ROAD PLANNED UNIT DEVELOPMENT /SUBDIVISION, according to the Plat thereof recorded
October 7, 2005 in Plat Book 75 at Page 32 as Reception No. 515869 and the First Supplement to the
Final Plat recorded October 15, 2009 in Plat Book 92 at Page 1 as Reception No. 563657.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970 - 925 -1766 Phone /970- 925 -6527 Fax
877- 217 -3158 Toll Free
AUTHORIZED AGENT
Countersigned:
Schedule A -PGA
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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 ANDIOR 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.
Y '
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. 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 /or right of way for ditches or canals constructed
by the authority of the United States as reserved in United States Patents recorded October 27, 1892 in
Book 55 at Page 31, August 11, 1909 in Book 55 at Pages 172 and 173 and June 16, 1947 in Book 171 at
Page 290.
8. Right of way for ditches or canals constructed by the authority of the United States and reservation of all
uranium, thorium or any other material which is or may be determined to be peculiarly essential to the
production of fissionable materials,` together with the right at any time to enter upon the land and prospect
for, mine and remove the same, as reserved in United States Patents recorded December 10, 1952 in
Book 180 at Page 87 and September 19, 1953 in Book 180 at Page 187.
9. Easement granted to Aspen Metropolitan Sanitation District in instruments recorded December 1, 1969 in
Book 244 at Pages 740, 742 and 744.
10. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. OR -30, Series of
by Board of County Commissioners recorded May 19, 1987 in Book 536 at Page 987.
11. Terms, conditions, provisions and obligations as set forth in Conservation Easements recorded August 12,
1987 in Book 543 at Page 664 and August 12, 1987 in Book 543 at Page 668 and re- recorded September
25, 1990 in Book 630 at Page 272.
12. Terms, conditions, provisions and obligations as set forth in Construction License Agreement recorded
May 14, 2004 as Reception No. 497600.
13. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 6, Series of 2005
by The City Council of the City of Aspen recorded August 19, 2005 as Reception No. 513680.
14. Terms, conditions, provisions and obligations as set forth in Fourth Amended and Restated
Pre - annexation Agreement: Bar /X Ranch and The City of Aspen recorded October 7, 2005 as Reception
No. 515868.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
i
15. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 7, 2005 in
Plat Book 75 at Page 32 as Reception No. 515869.
16. Terms, conditions, provisions and obligations as set forth in PUD Control Document, Development and Vested
Rights Agreement: Stage Road Planned Unit Development/Subdivision recorded October 7, 2005 as
Reception No. 515890.
17. Terms, conditions, provisions and obligations as set forth in Restated and Amended Water Service Agreement
recorded October 7, 2005 as Reception No. 515891.
18. Terms, conditions, provisions and obligations as set forth in Road Easement Agreement recorded October 7,
2005 as Reception No. 515894.
19. Terms, conditions, provisions and obligations as set forth in Road Easement Agreement recorded October 7,
2005 as Reception No. 515913.
20. Terms, conditions, provisions and obligations as set forth in Declaration of Architectural Restrictions for Stage
Road Planned Unit Development/Subdivision recorded October 7, 2005 as Reception No. 515915.
21. Terms, conditions, provisions and obligations as set forth in Agricultural Lands Conservation Easement
recorded October 7, 2005 as Reception No. 515916.
22. Terms, conditions, provisions and obligations as set forth in Maroon Creek Canyon Conservation Easement
recorded October 7, 2005 as Reception No. 515917.
23. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 41, Series of 2005 by
City Council of the City of Aspen recorded October 18, 2005 as Reception No. 516372.
24. Terms, conditions, provisions and obligations as set forth in Notice of Approval recorded January 10, 2007 as
Reception No. 533189.
25. Terms, conditions, provisions and obligations as set forth in Memorandum recorded January 10, 2007 as
Reception No. 533190.
26. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set
forth in Amended and Restated Declaration of Covenants, Easements, Conditions and Restrictions for Stage
Road Planned Unit Development/Subdivision recorded January 17, 2007 as Reception No. 533454, and First
Amendment thereto recorded January 25, 2007 as Reception No. 533814, deleting therefrom any restrictions
indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial
status, or national origin.
27. Terms, conditions, provisions and obligations as set forth in Trail Easement recorded March 7, 2007 as
Reception No. 535196.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
28. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy
Cross Electric Association, Inc., recorded April 9, 2007 as Reception No. 536438.
29. 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 April 9, 2007 as Reception No. 536439.
30. Terms, conditions, provisions and obligations as set forth in Agreement recorded November 5, 2008 as
Reception No. 554047.
31. Terms, conditions, provisions and obligations as set forth in Sanitary Sewer Line Easement recorded October
15, 2009 as Reception No. 563654.
ATTACHMENT I$
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: December 4, 2009 at 8:00 AM Case No. PCT225581-2
2. Policy or Policies to be issued
(a) ALTA Owner's Policy- (6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
PROFORMA
(b) ALTA Loan Policy- (6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
(c) ALTA Loan Policy- (6/17/06) Amount$
Premium$
Proposed Insured: 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:
ANDREW DAVID STONE and DANA C. STONE
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT 4,
STAGE ROAD PLANNED UNIT DEVELOPMENT /SUBDIVISION, according to the Plat thereof recorded
October 7, 2005 in Plat Book 75 at Page 32 as Reception No. 515869 and the First Supplement to the
Final Plat recorded October 15, 2009 in Plat Book 92 at Page 1 as Reception No. 563657.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970 - 925 -1766 Phone /970- 925 -6527 Fax
877- 217 -3158 Toll Free
AUTHORIZED AGENT
Countersigned:
Schedule A -PG. 1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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. 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 /or right of way for ditches or canals constructed
by the authority of the United States as reserved in United States Patents recorded October 27, 1892 in
Book 55 at Page 31, August 11, 1909 in Book 55 at Pages 172 and 173 and June 16, 1947 in Book 171 at
Page 290.
8. Right of way for ditches or canals constructed by the authority of the United States and reservation of all
uranium, thorium or any other material which is or may be determined to be peculiarly essential to the
production of fissionable materials, together with the right at any time to enter upon the land and prospect
for, mine and remove the same, as reserved in United States Patents recorded December 10, 1952 in
Book 180 at Page 87 and September 19, 1953 in Book 180 at Page 187.
9. Easement granted to Aspen Metropolitan Sanitation District in instruments recorded December 1, 1969 in
Book 244 at Pages 740, 742 and 744.
10. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. OR -30, Series of
by Board of County Commissioners recorded May 19, 1987 in Book 536 at Page 987.
11. Terms, conditions, provisions and obligations as set forth in Conservation Easements recorded August 12,
1987 in Book 543 at Page 664 and August 12, 1987 in Book 543 at Page 668 and re- recorded September
25, 1990 in Book 630 at Page 272.
12. Terms, conditions, provisions and obligations as set forth in Construction License Agreement recorded
May 14, 2004 as Reception No. 497600.
13. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 6, Series of 2005
by The City Council of the City of Aspen recorded August 19, 2005 as Reception No. 513680.
14. Terms, conditions, provisions and obligations as set forth in Fourth Amended and Restated
Pre - annexation Agreement: Bar /X Ranch and The City of Aspen recorded October 7, 2005 as Reception
No. 515868.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
15. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 7, 2005 in
Plat Book 75 at Page 32 as Reception No. 515869.
16. Terms, conditions, provisions and obligations as set forth in PUD Control Document, Development and Vested
Rights Agreement: Stage Road Planned Unit Development/Subdivision recorded October 7, 2005 as
Reception No. 515890.
17. Terms, conditions, provisions and obligations as set forth in Restated and Amended Water Service Agreement
recorded October 7, 2005 as Reception No. 515891.
18. Terms, conditions, provisions and obligations as set forth in Road Easement Agreement recorded October 7,
2005 as Reception No. 515894.
19. Terms, conditions, provisions and obligations as set forth in Road Easement Agreement recorded October 7,
2005 as Reception No. 515913.
20. Terms, conditions, provisions and obligations as set forth in Declaration of Architectural Restrictions for Stage
Road Planned Unit Development/Subdivision recorded October 7, 2005 as Reception No. 515915.
21. Terms, conditions, provisions and obligations as set forth in Agricultural Lands Conservation Easement
recorded October 7, 2005 as Reception No. 515916.
22. Terms, conditions, provisions and obligations as set forth in Maroon Creek Canyon Conservation Easement
recorded October 7, 2005 as Reception No: 51'5917.
23. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 41, Series of 2005 by
City Council of the City of Aspen recorded October 18, 2005 as Reception No. 516372.
24. Terms, conditions, provisions and obligations as set forth in Notice of Approval recorded January 10, 2007 as
Reception No. 533189.
25. Terms, conditions, provisions and obligations as set forth in Memorandum recorded January 10, 2007 as
Reception No. 533190.
26. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set
forth in Amended and Restated Declaration of Covenants, Easements, Conditions and Restrictions for Stage
Road Planned Unit Development/Subdivision recorded January 17, 2007 as Reception No. 533454, and First
Amendment thereto recorded January 25, 2007 as Reception No. 533814, deleting therefrom any restrictions
indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial
status, or national origin.
27. Terms, conditions, provisions and obligations as set forth in Trail Easement recorded March 7, 2007 as
Reception No. 535196.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
28. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy
Cross Electric Association, Inc., recorded April 9, 2007 as Reception No. 536438.
29. 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 April 9, 2007 as Reception No. 536439.
30. Terms, conditions, provisions and obligations as set forth in Agreement recorded November 5, 2008 as
Reception No. 554047.
31. Terms, conditions, provisions and obligations as set forth in Sanitary Sewer Line Easement recorded October
15, 2009 as Reception No. 563654.
APPLICANT: ATTACHMENT 2 -LAND USE APPLICATION
FEB
Name: h C
Location: LOTS LI+S- 1-tu 12cx,L PU D 5L4- 1-j
Parcel ID # (REQUIRED) Indicate street address, lot & block number, legal description where appropriate)
Name: e n H d r✓)
Address: Z 1 S S 010n
n
Phone #: 9 -L � G -7
Name:
Address:
Phone #: 2 Z
TYPE OF APPLICATION: (please check all that
Env 'L'6 STu n -f%-- 1
l�rr,cn
n -t- ro
O --
- -- - -- - -- eAaL"19 ,,,,,,uw s, uses, previous approvals, etc.
PROPOSAL: (description of proposed buildings uses modifications etc.)
Tws �. l= �,�� yes its A-PU 'S
!! y ou attached the following? FEES DuE: $—D-57 • 00
� re- Application Conference Summary
Attachment #1, Signed Fee Agreement
[Pekes onse to Attachment #3, Dimensional Requirements Form
sponse to Attachment #4, Submittal Requirements - Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
Conditio nal Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
FF
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
GMQS Allotment
❑
Final SPA (& SPA Amendment
❑
Historic Demolition
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA - 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
Other:
❑
Lot Line Adjustment
❑
Text/Ma p Amendment S- „nT( k ( J) U D
F,xICTINnCnnmrnnmc•
PrY>, °vj Vh>?v”
- -- - -- - -- eAaL"19 ,,,,,,uw s, uses, previous approvals, etc.
PROPOSAL: (description of proposed buildings uses modifications etc.)
Tws �. l= �,�� yes its A-PU 'S
!! y ou attached the following? FEES DuE: $—D-57 • 00
� re- Application Conference Summary
Attachment #1, Signed Fee Agreement
[Pekes onse to Attachment #3, Dimensional Requirements Form
sponse to Attachment #4, Submittal Requirements - Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
ATTACHMENT
DIMENSIONAL REQUIREMENTS FOR�My�
Project: rtcalc S!`t �e �2�C2 { 6"V llJ
Applicant: STy
Location: LJ1—S 1—� �LYr icy«
Zone District tJ 0
Lot Size:
Lot Area:
RE FIVED
FEB 0 S 2010
CITY Uf A6PEN
_ COMMUNITY OEYELOPMENT
(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: I y ' �' Proposed: I V
Number of residential units: Existing: Proposed: 1 On aT
Number of bedrooms: Existing: _:::=Proposed: N (�
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area:
Principal bldg. height:
Access. bldg. height:
On -Site parking:
% Site coverage:
% Open Space:
Front Setback:
Rear Setback:
Combined F/R:
Side Setback:
Side Setback:
Combined Sides:
Distance Between �xuring
Buildings
,Kequired.• Proposed:_
Existing non - conformities or encroachments: () 0 n
Variations requested:
/1 t)n-I
All
T`)
PJ 0
E
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: February 12, 2010
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 0005.2010.ASLU — Envelope Adjustment The planner
assigned to this case is Sara Adams.
❑ Your Land 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:
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:
f 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.
Th c You
ennifer P Deputy Director
City of Aspen, Community Development Department
For Office Use Only7
Qualifying Applications:
Mineral Rights Notice Required
SPA_ PUD_ COWOP
Yes No I
Subdivision (creating more than I additional lot)
GMQS Allotments
Residential Affordable Housing
Yes_ No—/.
Commercial E.P.F.
C: \Documents and Settings \jennifep \My Documents \planning \Templates \Templates \Land Use Cases \Completeness
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