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HomeMy WebLinkAboutLanduse Case.69 Shady Ln.0007.2010.ASLU f1 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0007.2010.ASLU PARCEL ID NUMBER 27073 00 012 PROJECTS ADDRESS SPECIAL REVIEW FOR STREAM MARGIN PLANNER JENNIFER PHELAN CASE DESCRIPTION 69 SHADY LANE REPRESENTATIVE ROWLAND, JACK DATE OF FINAL ACTION 11.5.10 CLOSED BY ANGELA SCOREY ON: 11.19.10 . 2731- -673- DO.01Z cw7• 2O /0•,l..-UI Elk Edlt Record Navigate Form Reports F at Iab 11s4 ii B ' €® r . ' ! . 1;:1., 94,f, ,q60 -,,€ 04 , ? P H ®, *,4 1 : .1i0101 D>i 4444a,`t1:s4- 11,11 t a R6 i I ime1n1YriSSSA lOstomnolds Iganrts I'm IParc* 'Pee Sian 'Sub Ewalt; 1Attachakinti Iac gst.AS 'Pony 4 ► Perrot Type lasiu JAspen Land Use Perm • 10007.2010.ASLU Address 169 SHADY LN J Ant/Sae 1 City 'ASPEN Rate CO Zip 181611 J - Permit Information _ .... __ .... _.. ______ Master Perot l Z Rating Queue asku07 Applied 03/242010 j Project A Staans 'pending Approved 1------11 Description SPECIAL REVIEW TO APPEAL THE STREAM MARGIN MAPS TOP OF SLOPE Issued 1 DETERMINATION Fri 1 ,` Submtted 'HAAS LAND PLANNING 925 7819 Cbck Rurning Days I:1 Expires 03/1912011 J .. Ovaer ,P Last Name' ROWLAND J First Name 'JACK 153 NOVA CIR 1 1 , PINE CO 80470 Phone 1(303) 838-1828 P Owner Is Applicant? M " Last Name' ROWLAND J __. Fast Name [JACK 53 NOVA CM g ," PINE CO 80470 Phone 1(303) 838-1826 Cust * 128759 J ; _Laden — _ -- Last Name 1 J Fast Name 1 Phone 1 a AepenGobl6) —j Record 1 d1 (/((- 3 0il& GCL enmpu 2 Z 9 0 oO ?- cariqs L l -s , ✓‘ °I ti cer _ -r (\ cry\ it-Q-ln ---# or 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 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: Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre, owners as tenants in common. 53 Nova Circle; Pine, CO 80407. 303 - 838 -1826. Legal Description and Street Address of Subject Property: 69 Shady Lane; Aspen, CO 81611. A 2.75 acre metes and bounds parcel, see attached description. PARCEL ID: 2735- 073 -00 -012. Written Description of the Site Specific Plan and /or Attachment Describing Plan: The City of Aspen Planning and Zoning Commission approved a Special Review and Stream Margin Review establishing development parameters for the property. Look for map delineating top of slope and floodway. Should be attached to resolution, in planning file, and in address file. Land Use Approval Received and Dates: City Planning and Zoning Commission resolution No. 13, Series 2010. Adopted June 15, 2010. Attached. Effective Date of Development Order: August 15, 2010. (Same as date of publication of notice of approval.) Expiration Date of Development Order: August 15, 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.) Iss e is 6 ° ' day of Au st 2010, by the City of Aspen Community Development Director. Chris Bendon, A CP Community Development Director City of Aspen RECEPTION #: 572119, 07/22/2010 at- 10:15:22 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 13 (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW STREAM MARGIN REVIEW FOR 69 SHADY LANE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735- 073 -00 -012 WHEREAS, the Community Development Department received an application from the owners of 69 Shady Lane — Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre, owners as tenants in common. The application has been authorized for submission by Jack Rowland, Fleeta Baldwin, and Jill Boyd, representing a majority of the property ownership; and, WHEREAS, the property is located at the confluence of the Roaring Fork River and Hunter Creek and is subject to the City's regulations on stream margin development; and, WHEREAS, the City's mapping for top -of -slope excludes this property entirely from that area where development can occur and the applicant has submitted an appeal of the determination as permitted in Section 26.435.040 of the City of Aspen Land Use Code; and, WHEREAS, the property is also affected by the floodplain and the floodway designation as depicted on the Flood Insurance Rate Map and interpreted and enforced by the City Engineer in her official capacity as the City's Floodplain Administrator; and, WHEREAS, during a duly noticed public hearing continued from May 18, 2010 to and held on June 15, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the Stream Margin Special Review, by a six to zero (6 -0) vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval of Stream Margin Review The Planning and Zoning Commission hereby approves the Stream Margin Special Review with the following conditions: 1. A Stream Margin map for this property shall be prepared by the applicant for approval by the City Engineer and the Community Development Director. The map shall describe and depict a development boundary based on the more restrictive of the Floodway and the ''4" top -of- slope. The map shall also indicate and tabulate all areas of the property above and below the high water line, those areas affected by steep slopes, and those areas affected P &Z Reso No. 13, Series of 2010 • Page 1 by right -of -way or access easements, including potential proscriptive easements. This map shall be attached to and recorded along with this Resolution. A 24" x 36" copy of the map shall also be retained in the planning file and the building address file. 2. All development within the development boundary shall be setback at least fifteen (15) feet from the top -of- slope. In addition, any development within the development boundary and within thirty (30) feet of the top -of -slope shall be subject to both a forty - five degree (45 °) progressive height limit from the top -of -slope and the height limitations of the zone district. 3. Development between the development boundary and the top -of -slope shall be limited to those types of development allowed within property setbacks as defined in the Land Use Code and the height limitations described above, provided such development is also consistent with floodplain and floodway restrictions. 4. Development on the river -side of this development boundary shall be limited to at -grade type work which will not raise the base flood elevation and which is secured to the ground and cannot enter a flood event. Any development activity including landscaping shall be subject to approval by the Community Development Director and the City Engineer. 5. A riparian restoration plan approved by the City of Aspen Parks Department shall be required prior to acceptance of a building permit application for this property. The restoration plan shall require implementation of the restoration prior to issuance of a Certificate of Occupancy. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this restoration requirement. 6. Prior to issuance of a building permit for redevelopment of this property, the well and irrigation pump shall be vacated and all water rights shall be assigned to the City of Aspen. The property shall be connected to the City of Aspen water system. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this well abandonment requirement. Section 2: Lot Area The effective Lot Area of the subject property for purposes of calculating allowable Floor Area (FAR) is as follows: Lot Size: 120,007.8 sf Area below High Water Line (HWL): - 18,751.0 sf Sub -total 101,256.8 sf Shady Lane prescriptive easement: - 288.0 sf Sub -total 100,968.8 sf 1 /2 Area above HWL and with 20 -30% slope: - 1,247.5 sf Sub -total 99,721.3 sf P &Z Reso No. 13, Series of 2010 Page 2 Area above HWL and with? 30% slope: - 2,035.0 sf TOTAL LOT AREA for calculating FAR: 97,686.3 sf The Lot Area for purposes of determining allowable density (no slope area reductions) is 100,968.8 s.f. The Floor Area for the parcel shall be according to the zoning for the parcel and the Land Use Code in effect at the time of building permit submission. Section 3: Fishing Easement The Planning and Zoning Commission encourages the applicant to provide a Fisherman's Easement along the watercourses within this property. The applicant is encouraged to discuss with the City of Aspen Parks Department ideas that may facilitate such a grant of easement such as labor or design assistance with the riparian restoration plan. Section 4: Vested Rights This approval shall be valid for the greater of the three -year period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City's Stream Margin regulations are amended. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised provisions of the Land Use Code and may, based on a determination by the Community Development Director, be subject to review by the Planning and Zoning Commission. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed P &Z Reso No. 13, Series of 2010 Page 3 a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15 day of June, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: 4 ■ Jim True, Special Counsel Stan Gibbs, Chairman ATTEST: �) ckie Lothian, Deputy City P &Z Reso No. 13, Series of 2010 Page 4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: (D' a fat ! . L '. f Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin -) I ACInc_ J21,p. $ C (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) 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. _ S Signature The foregoing "Affidavit of Notice" was acknowledged before e this (C, day of Ai S ( , 20Q(9, by , - l _ _ ala G jt, WITNESS MY HAND AND OFFICIAL SEAL PU BLIC NOT ICE C PMEN APPR My commission expires: o-2/ 1 . /t Z_ Noti is here given to the general public of the • approval of a c specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title Co �� f /,_ 24, Article 88, Colorado Revised Statutes, pertain- , �.. ( • �� , _44._ _ ing to the following described property: a 2.755 acre metes and bounds property located at the Notary Public confluence of the roaring fork river and hunter creek known as 69 Shady Lane; Aspen, CO 81611. Parcel ID 2735- 073 -00 -012. The property was approved for a special review and a stream margin review to establish the development parameters for the prop pursuant t NtoPlanning .Ser ATTACHMENTS: es and Zoning g Commission Resolution 13, Series 012010. For further information contact Chris Development at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. COPY OF THE PUBLICATION s/ Chris Hendon Director eICP Community DevebpC f pen City of Aspen Publish in the Aspen Times Weekly on August 15, 2010. (5424359( .c.naw ..w...a .e xoisiiae 9 9� ^ :�O ' DtnpX.vmv. aNONtl OOWO'Iu aN y r O $ p LS 3NYl AOYHS 59 g O�10NIW000oWT0 pNYIMOtl'7 JI7Yf d p G ONI'9NItl33N19N3 ALANIlOO HDIH y ° �. 1 Wtl3tl :Yn n '�. 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E 4'4 aA R x 3 g a l 4 = so abbnbbbabbna y Y 'ks $ [y a a aa # � a a � � �� � ' s.[ � C n 2 a s�.�.}. naim a . / 9 EPA s 'i - k:t Y. n ie„ dia z ; k'se§ n &se ° i ° €# c 5 12 ? 1 Ee ga i d s 3 6 o g 3 wa. 3 r r . r a 9 sb€ 'i / 5 § a :'E a g s � ` € Y � ei . : g x:.. {ra 's5cz- sKa s a $x p� Y € dy i Q € A`,' Ngia. 9 .ie o a d" s b 4 1 d st t g N.N. = c:i s $ 5 ` i'. d 5 a yy d6 ti t a ik s *K q b i. , e A n$ 9 3 e a # i l ii F: I I 4 d ;a — - - - W -1 Ili d[ I ° A _ _ -c — _ - -� g i - g � Z v ##e p, I''_ — ,u� tl it W I— I— Hii \ �, O U Z m U . i LL Q .4 F �, ` \ it jiff. � ' � 3. "s5 to ill if 1 5:1 IN oil gdi ga ` y am' !Rh € s €la @ giii 111 J 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Acyuz. + , Aspen, CO SCHEDULED PUBLIC HEARING DATE: /'tc /8 P. << L 201Q STATE OF COLORADO ) ) ss. County of Pitkin ) scof ri (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in • height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested; to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 3 j day of h'f , 20peL, by 7kvtc ?IA Sca-- f-e-t1 WITNESS MY HAND AND OFFICIAL SEAL LA RE:� I N I E STREAM MARGIN REVIEW NGT/Cf IS HER GIVEN that a ubl hearing My commission expires: �.1 i s.✓ (� _ will be held on Tuesday May 18, 201 al ic a meet- ing to begin at 4:30 p.m. before the Planning and Zoning Commission c S is er t Cities Room, City Hall, lion S. /� I milt by' a k F el an Baldwin, �j I�, t) /y I/ �/. find submitted by Jack Ro Fleets Baldwin, vW,)[ °' �` 1.�1 .Y 5 w \ and J ill Boyd tenants i co mmon o rs Shady Lane; Aspen, Colo rado 6161and 1 wne Jack Row 69 - Notary Public land Is the owner rep erty is resentative; 53 Nova Circle; Pine, Colorado 80490 - (303) 838.1826. The prop- legally described as a 2.7 acre m and bounds parcel l y ghty - ing in tour Secti wes t seven, of the Town ship gh ten t R si principal just west of the Rio G esourih, diof Ha. ange The ei property is located at the coneu- nce unter Creek arty; Roering Fork River, The owner would like to establish developm ent ar the parcel including possible d e velopment Parameters for oton of t on a c s 0unlact r roundChad h ri by s Bproperty t rs f urther infm ora tioq eed at ys th e Gi ty f Asp ATTACHMENTS AS APPLICABLE: S I nity Development Department, o 130 S. n Galena C on. 8NS:heri p co (970) 429 .27 65, F THE PUBLICATION s /Stan Gibbs, Chair 2RAPH OF THE POSTED NOTICE (SIGN) Aspen Planning and Zoning Commission Fahli18. [49561f49 in 4t3f p he As en Times Weekly on May 2. THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED 28 4NT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE TIRED BY C.R.S. §24- 65.5 -103.3 • ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: (9 Shathj Lane , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Mal 4_ A / , 2040 STATE OF COLORADO ) ) ss. County of Pitkin ) l I, JO d t J acob 5 o'n (Naas (and Pia m i nA U,C (name, please print) being or representing an App [cant to the City of Aspeift, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: )X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ?� Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the2_9 of Ape' 1 , 2040 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. V\ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) PIA Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ature Cf The foregoing "Affidavit of Notice" was�knowledged before me this 12 day of 0 ,20110, by Jvdi 'Jatots'an . — Ug WITNESS MY HAND AND OFFICIAL SEAL \P,. ^........ C 1 2 , : My co • ission expires: .5 s v.- 0 /2 f »Q. , V , ►� a / Z e , QI' Notary Public 4 OF 0 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: 69 SHADY LANE STREAM MARGIN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday May 18, 2010, at a meeting to begin at 4:30 p.m. before the Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jack Rowland, Fleeta Baldwin, and Jill Boyd tenants in common and owners of 69 Shady Lane; Aspen, Colorado 81611. Jack Rowland is the owner representative; 53 Nova Circle; Pine, Colorado 80470 — (303) 838.1826. The property is legally described as a 2.7 acre metes and bounds parcel lying in Section seven, Township ten south, Range eighty -four west of the sixth principal meridian. The property is located at the confluence of Hunter Creek and the Roaring Fork River, just west of the Rio Grande Trail. The application seeks Special Review to appeal the Stream Margin Map's Top of Slope Determination for the subject property. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2765, chris.bendon @ci.aspen.co.us. s /Stan Gibbs, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 2, 2010 City of Aspen Account 7 ,. , '-‘,-'-",/-..' .. •:, .‘3'^ ' -. ' , • ...„' . #- . , ,_ ,.. . • . ',. 1 t:: ,... ,: 2 ', r ' .:1 ■''''' . ',, ;1,r; - ' ' .':- ' . .. . ' , • - - ... -.. ii •:;....,4-r!. .. • _ -, , • ,, ,,, , . ..._. -: :', :- p.;; .•- .. ...-4: ,,., •,; ' o c ,,,c,. , 14 4 —,a1111111.1116..- - - - `‘ ■- v' : - - 1 ,4 ., .'..-.' . ' i.; I.,' ...... . • , ,.. ..;• - 4 7 PC:;- . - . ' , -Y •,......, .% • - __. ' • '.i w PUBLIC NOTICE of: . • .1 ... .... 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Ai‘k V aufwg+ krrev(. fi vvJw 4 ,..4,e.... • ( L % Pa-L.:. CO. L eca-c • ,vim.,.-• - IreAAmPe- Fat. 14 L - ,I r .4— - a.u.As .S I(craat 10., e.-a = c$47 Pn,2 'parr, 4-_ .k Utter ti 4 i w ,�. �..., .I Cd. - • • jI W ' I Cs•Cah F ly -arm db dam. - 7 -*'` = cti — I L....A,. 0\\\\ , v3/44 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Chris Bendon, Community Development DirectoraIp r RE: 69 Shady Lane Stream Margin Review — Public Hearing Resolution No. _ , Series 2010. MEETING DATE: June 15, 2010 APPLICANT /OWNER: SUMMARY: Owner Jack Rowland, Fleeta Baldwin, Jill The applicant is seeking an appeal to the City's Boyd, and Roine St. Andre as tenants in top-of-slope mapping to determine the common. The application has been development rights for this property. While no authorized by Jack Rowland, Fleeta development is currently proposed, this Baldwin, and Jill Boyd, representing a determination will provide clarity on the majority of the property ownership. developability of the property. REPRESENTATIVE: The top -of -slope determines where and how Mitch Haas, Haas Land Planning. development can occur on a riverside properties. The City's top -of -slope mapping LOCATION: was done about a decade ago and is 69 Shady Lane. Confluence of the Roaring conservative. In some cases, the mapping is Fork River and Hunter Creek. overly conservative. This property exists entirely below the mapped top -of- slope, CURRENT ZONING: rendering the property undevelopable without Low Density residential R -30 this Special Review. Survey information and a site visit indicate that while this property should CURRENT USE: have development limitations and river setbacks Two detached residences and various there is a significant area of the property that is outbuildings. appropriate for development. STAFF RECOMMENDATION: Staff believes the proposal meets the standards of review and is recommending approval with conditions. LAND USE REQUEST AND REQUIRED PROCESS: The City will be reviewing the following land use action for the property at 69 Shady Lane: • Stream Margin Special Review to appeal top -of- slope. The application shall be approved, approved with conditions or denied by the Planning and Zoning Commission. 1 PROJECT SUMMARY: The applicant is not proposing a specific development plan at this point. The river, high -water line, top -of- slope, floodplain, and floodway all coincide on this property and make even an estimate of development rights difficult. For that reason, the applicant is pursuing this review to establish the development parameters for this property. TERMS: A few terms of art will be used for this case. The floodplain is the area affected by flood waters and certain building restrictions are effective in this area — principally that development may not increase the height of flood water and that the finished floor level of a structure must be one foot or higher above that base flood level. The floodway is essentially the river channel during a flood event necessary to convey and discharge water. Development in the floodway is very restricted and only allows types of structures that cannot be dislodged and enter a flooding event. The City Engineer is the City's designated flood plain administrator and is responsible for implementing these development restrictions. Mapping of this area provided by the National Flood Insurance Program indicates that significant portions of the property, including the entire island, are within the floodway. The high - water line is used to determine a property's development rights. Areas below a high - water line do not contribute to Lot Area and do not increase a property's floor area or allowed density. The high -water line is the point at which the presence and action of water are so regular as to impress a character distinguishing a river bank from a river bed. (I.e. a river bank has soil and vegetation and a river bed does not.) The top - of - slope is the point along a river separating the flat or natural topography of the land from the steeper river bank. It can be considered the top edge of the river bank. STAFF ANALYSIS AND RECOMMENDATION: This property is heavily affected by the river but is developable. There is an existing house located just outside of the flood plain and no history or evidence of flooding damage to the structure. The City's top -of -slope map for this property is way too restrictive and unreasonable. A closer examination of this property indicates that the top -of -slope should be much closer to the river, similar to how the applicant has mapped the line. The property's island is within the floodway, shows evidence of past flooding, included sections inundated with water during the site visit, and includes both wetland and non - wetland vegetation. While a top -of -slope determination for the island would probably indicate that the island can be developed, it is within the floodway and cannot be developed. Other sections of the main property are outside both the floodway and the floodplain and a more - reasonable top -of -slope would render these areas appropriate for development. Staff recommends that the applicant map a development boundary line that is the more - restrictive of the floodway and the top -of -slope to be approved by the City Engineer and the 2 Community Development Director and then recorded. In some areas this line will track the top - of- slope. In other areas this line will track with the floodway. From the top -of -slope line there should be established a 15 -foot setback and the 45- degree progressive height limit. Staff and the applicant have discussed this strategy and agree in principal. Some minor fine - tuning of the top -of -slope mapping should occur based on the site visit and the applicant appears willing to make those changes. The applicant has developed a revised map and will bring that to the hearing. Staff will be prepared to comment further on the revised map then. Community Development staff also believes the map should indicate and tabulate all areas of the property above/below the high water line, affected by steep slopes, or affected by easements (including potential proscriptive easements). This will enable the owner, prospective owners, and staff to easily determine Lot Area and development rights. Parks Department staff recommends that riparian areas of the property be rehabilitated. The property is not significantly degraded and restoration can be done at the time the property is redeveloped. Parks is also requesting a fishing easement be provided by the applicant. This is a request and not a requirement. The property also contains a well and what appears to be a pump system feeding directly into the roaring fork, possibly for irrigation. City Utilities will require the property be connected to the City's water system, the well be abandoned, all well rights be vacated to the City, and that the irrigation pump be abandoned. Again, this can be at the time of redevelopment. Staff is recommending adoption of a resolution defining conditions of approval and requiring recordation of this development boundary map mentioned above. Staff is recommending future redevelopment in compliance with these regulations not be subject to an additional review by the Commission. This allowance would be in place for at least the period of vested rights or as long as the City's riverfront regulations remained the same. Staff recommends that if the City changes riverfront development restrictions that the property be subject to those new requirements and possibly another Commission review. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No., Series of 2010, Stream Margin Review for 69 Shady Lane." ATTACHMENTS: Exhibit A — Referral Comments Exhibit B — Review standards from Land Use Code Exhibit E — Application 3 0 RESOLUTION NO. _ (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW STREAM MARGIN REVIEW FOR 69 SHADY LANE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735- 073 -00 -012 WHEREAS, the Community Development Department received an application from the owners of 69 Shady Lane — Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre, owners as tenants in common. The application has been authorized for submission by Jack Rowland, Fleeta Baldwin, and Jill Boyd, representing a majority of the property ownership; and, WHEREAS, the property is located at the confluence of the Roaring Fork River and Hunter Creek and is subject to the City's regulations on stream margin development; and, WHEREAS, the City's mapping for top -of -slope excludes this property entirely from that area where development can occur and the applicant has submitted an appeal of the determination as permitted in Section 26.435.040 of the City of Aspen Land Use Code; and, WHEREAS, the property is also affected by the floodplain and the floodway designation as depicted on the Flood Insurance Rate Map and interpreted and enforced by the City Engineer in her official capacity as the City's Floodplain Administrator; and, WHEREAS, during a duly noticed public hearing continued from May 18, 2010 to and held on June 15, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the Stream Margin Special Review, by a _ to _ ( - ) vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval of Stream Margin Review The Planning and Zoning Commission hereby approves the Stream Margin Special Review with the following conditions: I. A Stream Margin map for this property shall be prepared by the applicant for approval by the City Engineer and the Community Development Director. The map shall describe and depict a development boundary based on the more restrictive of the Floodway and the top -of- slope. The map shall also indicate and tabulate all areas of the property above and P &Z Reso No. , Series of 2010 Page 1 below the high water line, those areas affected by steep slopes, and those areas affected by right -of -way or access easements, including potential proscriptive easements. This map shall be attached to and recorded along with this Resolution. A 24" x 36" copy of the map shall also be retained in the planning file and the building address file. 2. All development within the development boundary shall be setback at least fifteen (15) feet from the top -of- slope. In addition, any development within the development boundary and within thirty (30) feet of the top -of -slope shall be subject to both a forty- five degree (45 °) progressive height limit from the top -of -slope and the height limitations of the zone district. 3. Development between the development boundary and the top -of -slope shall be limited to those types of development allowed within property setbacks as defined in the Land Use Code and the height limitations described above, provided such development is also consistent with floodplain and floodway restrictions. 4. Development on the river -side of this development boundary shall be limited to at -grade type work which will not raise the base flood elevation and which is secured to the ground and cannot enter a flood event. Any development activity including landscaping shall be subject to approval by the Community Development Director and the City Engineer. 5. A riparian restoration plan approved by the City of Aspen Parks Department shall be required prior to acceptance of a building permit application for this property. The restoration plan shall require implementation of the restoration prior to issuance of a Certificate of Occupancy. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this restoration requirement. 6. Prior to issuance of a building permit for redevelopment of this property, the well and irrigation pump shall be vacated and all water rights shall be assigned to the City of Aspen. The property shall be connected to the City of Aspen water system. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this well abandonment requirement. Section 2: Fishing Easement The Planning and Zoning Commission encourages the applicant to provide a Fisherman's Easement along the watercourses within this property. The applicant is encouraged to discuss with the City of Aspen Parks Department ideas that may facilitate such a grant of easement such as labor or design assistance with the riparian restoration plan. Section 3: Vested Rights This approval shall be valid for the greater of the three -year period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City's Stream Margin regulations are amended. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised P &Z Reso No. , Series of 2010 Page 2 4 provisions of the Land Use Code and may, based on a determination by the Community Development Director, be subject to review by the Planning and Zoning Commission. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15 day of June, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Counsel Stan Gibbs, Chairman ATTEST: Jackie Lothian, Deputy City P &Z Reso No. , Series of 2010 Page 3 Memorandum Date: June 2, 2010 9 To: Chris Bendon, Community Development Director me From: Brian Flynn, Parks Department Re: 69 Shady Lane Parks Department Requirements: Trails/Easements: 1) Based on the recommendations of the Aspen Area Community Plan the applicant is requested to provide a fisherman's easement along the south side of the island (branch of the river between ACES and the Islan) Landscaping: 1) The applicant will be required during development to make improvements to the native riparian vegetation along the Stream Margin within the 15' setback. Development approvals will be contingent on this aspect of the Stream Margin review. Top of Slope: 1) The Parks Department believes that the island is of important value to the river corridor and should be omitted from the Top of Slope appeal. The island has had limited human impact and has well established river habitat. Both aspects provide appropriate river and water ecology to help control run off, flooding and river health. 4: tS1 // iS t 6. The placement and cl : ering of structures will minimize the • -ed for roads, limit cutting and gradi :, maintain open space, and preserve • - mountain as a scenic resource. 7. Build' • • height and bulk will be minimized . . 1 e structure will be design- . to blend i . the open character of the mountain. 8. Sufficient water pressure and .. er utilities are available to service the proposed development. 9. Adequate roads are . •ailable to serve the propose. • evelopment, and said roads can be properly maint.'.ed. 10. Adequa : ingress and egress is avail.. e to the proposed development s.. s to ensure adeI ..te access for fire protectio• . d snow removal equipment. . The recommendations . ' the Aspen Area Community Pl. , . Parks/Recreation/Tr Plan are impleme - . in the proposed development, to e greatest extent pr tical. (Ord. No. 55-21i t, § 7) -.31\( 26.435.040 Stream Margin Review. A. A ppli c abi l it y . Th e provisions of the Stream Margin Rev shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the Flood Hazard Area, also known as the 100 -year flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the Stream Margin Review area: 1. Construction of pedestrian or automobile bridges, public trails, or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City Engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the Stream Margin Review Standards. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities, and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the Stream Margin Review Standards. City of Aspen Land Use Code. August, 2007. Part 400, Page 74 . s 3. The expansion, remodeling, or reconstruction of an existing development provided the following standards are met: a. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty -five (25) percent. All stream margin exemptions are cumulative. Once a development reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is required; and, b. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. c. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; d. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and e. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100 -year flood plan. C. Stream Margin Review Standards. No development shall be permitted within the Stream Margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; and 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation /Open Space /Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Section 26.435.040(F)(1); and City of Aspen Land Use Code. August, 2007. Part 400, Page 75 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; and 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and 7. Copies are provided of all necessary federal and state permits relating to work within the 100 -year flood plain; and 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100 -year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty -five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.104.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A "; and :47- I Ir i 0 X00 0 _ �, - 9 t Figurt "A" City of Aspen Land Use Code. August, 2007. Part 400, Page 76 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and 11. There has been accurate identification of wetlands and riparian zones. D. Appeal of Director's Determination. An appeal of a determination in regards to a Stream Margin Application or in regards to the top of slope determination made by the Community Development Director, shall be reviewed as a Special Review pursuant to subsection E, below. In this case, the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. E. Special Review. An application requesting a variance from the Stream Margin Review Standards, or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a Special Review in accordance with Common Development Review Procedure set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning Commission. A Special Review from the Stream Margin Review Determination may be approved, approved with conditions, or denied based on conformance with the following review criteria: I. An authorized survey from a Colorado Professionally Licensed Surveyor shows a different determination in regards to the top of slope and 100 -year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and 2. The proposed development meets the Stream Margin Review Standard(s) upon which the Community Development Director had based the finding of denial. F. Building Permit Submittal Requirements. Prior to receiving a building permit for a property within the stream margin review area, the following must be submitted: 1. The applicant shall record a site improvement plat with topography prepared by a Colorado licensed, professional surveyor showing the building envelope determined by the Community Development Director based on the Stream Margin Review Map located in the Community Development Department. 2. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 3. The building envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy. (Ord. No. 45 -2001, § 3) City of Aspen Land Use Code. August, 2007. Part 400, Page 77 S d c RESOLUTION NO. _ A (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW STREAM MARGIN REVIEW FOR 69 SHADY LANE, CITY OF ASPEN, COLORADO. 17tAcik•V PARCEL ID: 2735- 073 -00 -012 Di, WHEREAS, the Community Development Department received an app ii cation from the owners of 69 Shady Lane — Jack Rowland, Fleeta Baldwin, Jill Boyd, and Rothe St. Andre, owners as tenants in common. The application has been authorized for submission by Jack Rowland, Fleeta Baldwin, and Jill Boyd, representing a majority of the property ownership; and, WHEREAS, the property is located at the confluence of the Roaring Fork River and Hunter Creek and is subject to the City's regulations on stream margin development; and, WHEREAS, the City's mapping for top -of -slope excludes this property entirely from that area where development can occur and the applicant has submitted an appeal of the determination as permitted in Section 26.435.040 of the City of Aspen Land Use Code; and, WHEREAS, the property is also affected by the floodplain and the floodway designation as depicted on the Flood Insurance Rate Map and interpreted and enforced by the City Engineer in her official capacity as the City's Floodplain Administrator; and, WHEREAS, during a duly noticed public hearing continued from May 18, 2010 to and held on June 15, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the Stream Margin Special Review, by a _ to _ ( - ) vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval of Stream Margin Review The Planning and Zoning Commission hereby approves the Stream Margin Special Review with the following conditions: 1. A Stream Margin map for this property shall be prepared by the applicant for approval by the City Engineer and the Community Development Director. The map shall describe and depict a development boundary based on the more restrictive of the Floodway and the top -of- slope. The map shall also indicate and tabulate all areas of the property above and P &Z Reso No. , Series of 2010 Page 1 below the high water line, those areas affected by steep slopes, and those areas affected by right -of -way or access easements, including potential proscriptive easements. This map shall be attached to and recorded along with this Resolution. A 24" x 36" copy of the map shall also be retained in the planning file and the building address file. 2. All development within the development boundary shall be setback at least fifteen (15) feet from the top -of- slope. In addition, any development within the development boundary and within thirty (30) feet of the top -of -slope shall be subject to both a forty- five degree (45 °) progressive height limit from the top -of -slope and the height limitations of the zone district. 3. Development between the development boundary and the top -of -slope shall be limited to those types of development allowed within property setbacks as defined in the Land Use Code and the height limitations described above, provided such development is also consistent with floodplain and floodway restrictions. 4. Development on the river -side of this development boundary shall be limited to at -grade type work which will not raise the base flood elevation and which is secured to the ground and cannot enter a flood event. Any development activity including landscaping shall be subject to approval by the Community Development Director and the City Engineer. 5. A riparian restoration plan approved by the City of Aspen Parks Department shall be required prior to acceptance of a building permit application for this property. The restoration plan shall require implementation of the restoration prior to issuance of a Certificate of Occupancy. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this restoration requirement. 6. Prior to issuance of a building permit for redevelopment of this property, the well and irrigation pump shall be vacated and all water rights shall be assigned to the City of Aspen. The property shall be connected to the City of Aspen water system. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this well abandonment requirement. Section 2: Lot Area The effective Lot Area of the subject property for purposes of calculating allowable Floor Area (FAR) is as follows: 0 Lot Size: 120,007.8 sf Area below High Water Line (HWL): 18.751.0 sf Sub -total 101,256.8 sf cilia Shady Lane prescriptive easement: Sub -total - 288.0 sf 100,968.8 sf ik n_ /z Area above HWL and with 20 -30% slope: - 1,247.5 sf I� Sub -total 99,721.3 sf P &Z Reso No. , Series of 2010 Page 2 C Area above HWL and with > 30% slope: - 2,035.0 sf TOTAL LOT AREA for calculating FAR: 97,686.3 sf Per Section 26.710.080 — R -30 Zone District, the total allowable FAR for a single - family residence is 7,553.72 s.f. Similarly, total allowable FAR for a duplex is 8,450.59 s.f. The Lot Area for purposes of determining allowable density (no slope area reductions) is 100,968.8 s.f. Section 3: Fishing Easement The Planning and Zoning Commission encourages the applicant to provide a Fisherman's Easement along the watercourses within this property. The applicant is encouraged to discuss with the City of Aspen Parks Department ideas that may facilitate such a grant of easement such as labor or design assistance with the riparian restoration plan. Section 4: Vested Rights This approval shall be valid for the greater of the three -year period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City's Stream Margin regulations are amended. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised provisions of the Land Use Code and may, based on a determination by the Community Development Director, be subject to review by the Planning and Zoning Commission. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. P &Z Reso No. , Series of 2010 Page 3 f\ APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15 day of June, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Counsel Stan Gibbs, Chairman ATTEST: Jackie Lothian, Deputy City P &Z Reso No. , Series of 2010 Page 4 VP U� Cob hAS of OhLt- In- Bo rot "" j . 13 e ,; Vir ,II !' 7 lbw let. IR ��y� w � al Lt w,. tn. +ortr. aae I ,n .o, e.,., vim. [CA 72 A trn I eta v Si /!t? 4-"A OWAt4.- 14- 42a)_ Ae ttiv r i 44,k 66/ricer- is II 13JA NI 31VOS 31V1A1IXO2JddV ---- -----___Q___ , L / ..______ O m IUD 2. 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As a result the City has agreed to implement and enforce measures that reduce future flood risks in flood hazard areas. The island and surrounding property is located in a floodway this includes the channel for the Roaring Fork river and the adjacent floodplain area. As a result this area must be kept free of encroachments so that the 100 year discharge can be conveyed with no rise in the water surface above the BFE. 26.435.0108 states: properties within STM are subject to a heightened review to ensure the natural and unimpeded flow of water courses and to protect and preserve the natural riparian buffer. The review shall encourage development and land uses that preserve and protect existing water courses and the habitat surrounding those water courses as important and natural resources: The island and surrounding property is an important and natural resource to the Roaring Fork River for the following reasons: 1. Overbanking occurs on the island which allows for energy dissipation. This dissipation preserves downstream habitat. Overbanking also allows for ground water recharge which is vital to the base flow of the river. 2. The riparian areas on and around the island. Only 10% of the roaring fork is dominated with ripariaran vegetation. Additionally there are very few areas along the Roaring fork which have several calluses of woody vegetation. The island is one of those examples. 3. Uncompacted soils and the humus layer on the island and surrounding areas are critical to riparian habitat. 4. Removal of riparian vegetation negatively affects terrestrial habitat, stream habitat, and water quality. 5. If shade is decreased on the island and surrounding areas, this will result in increased water temperatures, protective cover is decreased, the filtering function of riparian vegetation and soils is lost. 26.104.100 states the top of slope is a line generally running parallel to a stream or river from which development must be setback and which delineates the bank of the river or stream or other riparian areas as determined by the City Engineer. Before a determination of the location of the top of slope can be made, the City must be granted access to the property to evaluate the location of the bank of the river or other riparian areas. Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 (970) 925 -7819 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE 0069 Shady Lane (PID# 2737-073-00-012) Appeal of the Stream Margin Map's Top of Slope Determination To whom it may concern: As owners of the above referenced property, we hereby authorize Haas Land Planning, LLC (HLP) to act as our designated and authorized representative for the preparation, submittal and processing of a letter requesting the appeal of the Stream Margin Map's Top of Slope Determination, as well as, any subsequent applications associated therewith. HLP is also authorized to represent us in meetings with City staff, the Hearing Officer, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in this letter, Yours trul , J. a Rowland 53 Nova Circle Pine, CO 80470 (303) 838 -1826 yc By: tie tad it ) Print Name Ad dams, a Telephone Number f 4JohoJn 57551 116 '� Way r ,ToK P•■ H y Cr) R 1 z1 2, y3 E„. lQk r � ry� / � 9 /w1 Jennifer Phelan From: Jennifer Phelan Sent: Monday, March 29, 2010 10:14 AM To: 'Mitch Haas' Subject: 69 Shady Lane Hi Mitch: I need some additional letters of consent for the land use application you submitted for 69 Shady Lane. The. title commitment notes that Fleeta Baldwin, Jack Rowland, Roine St. Andre and Jill Boyd all have interest in the property. Only Fleeta and Jack have consented to the land use application. I need consent from Ms. Andre and Ms. Boyd before we can schedule this. Thanks. Jena frphe7.an, Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 HAAS LAND PLANNING, LI-C 201 N. MILL STREET, SUITE 108 ASPEN, CO 81611 (970) 925 -7819 MHAAS @SOPRIS.NET To: The City of Aspen Thru: Aspen Date: March 23, 2010 Planning and Zoning Community Commission Development Department Subject: Special Review to Appeal the Community Development Director's Top of Slope Determination for 0069 Shady Lane, Aspen Please consider this letter and the attached exhibits to represent a formal request for Special Review before the City of Aspen Planning and Zoning Commission to appeal the Stream Margin Map's top of slope determination for the subject property located at 0069 Shady Lane, Aspen. The property is zoned R -30, Low - Density Residential, and contains two detached single - family residences. It has a Parcel Identification Number of 2737 - 073 -00 -012 and is on Shady Lane, off of Red Mountain Road and next to the Rio Grande Trail. This 2.75 acre property is bounded on the south and west by the Roaring Fork River, while Hunter Creek lies immediately to the north. The approximate location of the property is indicated on the Vicinity Map provided below. MAP,QYEST.� of m m I MO n W Pearl Cr Z re (( IN a L S t 4 . 7 " •t M � tis Grande'. . Ball 1)ll Freid = 40, \ 021p9NapOw • Y ic. `.rY z Nap Cal. C2009NAVTEQ a TNeAEna Vicinity Map - 0069 Shady Lane, Aspen 1 Section 26.435.010 of the Code states that certain land areas within the City are of particular ecological, environmental, architectural, or scenic significance and all development within such areas shall be subject to heightened review procedures and 1 standards. These areas are known as Environmentally Sensitive Areas (ESA) and include stream margins. Subsection B states that areas located within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one - hundred -year floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area are subject to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. The subject property and its existing residence are located within 100 feet of the respective Roaring Fork River and Hunter Creek High Water Lines. In order to determine where development can take place on properties that are adjacent to the Roaring Fork River and its tributary streams, the City of Aspen has mapped the top of slope. Top of slope is defined by Section 26.104.100 of the Code as, A line generally running parallel to a stream or river from which development must be setback and which delineates the bank of the river or stream or other riparian area as determined by the City Engineer. Attached to this application is the City of Aspen Community Development Director Chris Bendon's Top of Slope Determination for the subject property (see Exhibit 2). The applicant is seeking to appeal this Determination pursuant to Section 26.435.040(D) of the Code. According to Section 26.435.040(E) of the Code, Special Review at a public hearing before the Planning and Zoning Commission is needed for such a request. Code Section 26.435.040(E) goes on to state that, A special review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regards to the top of slope and 100 -year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and 2. The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based the finding of denial. The City's mapping shows the top of slope on the opposite side of Red Mountain Road, (approximately 65 feet above the entire property) and would render this long since developed 2.75 -acre property not developable. Clearly, the City's mapping is incorrect as several homes, a road, and a public trail sit below it. Attached to this application is an authorized survey from Frank W. Harrington, L.S. # 1959, of High Country Engineering 2 r which shows an accurate determination of the top of slope as it relates to the subject property. The Stream Margin Review Standards of Section 26.435.040(C) are provided below in indented and italicized print and each is followed by a response demonstrating compliance and/ or consistency therewith, as applicable: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; This application is merely establishing the correct top of slope for the subject property. No specific development is being proposed at this time. But if and when an actual development is proposed, it will be subject to an additional Stream Margin Review based upon the top of slope determination made pursuant hereto. 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation /Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" See response to the standard above. The property is immediately adjacent to the very popular and heavily -used Rio Grande Trail. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; This standard is understood. However, no building envelope is being defined at this time. Instead, the top of slope is being established on three of the properties four sides, as well as around all sides of the island. This, combined with front -yard setback requirements, effectively establishes the potential area for development. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; 3 The proposed development will not pollute or interfere with the natural changes of the Roaring Fork River or Hunter Creek during any construction as all development will take place at least 15 to 30 feet from the top of slope. Also, please refer to the narrative provided in response to standard number 1, above. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; This standard is not applicable as no alteration or relocation of any water course is contemplated or otherwise proposed. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished;. This standard is not applicable. (See response to standard number 5 above.) 7. Copies are provided of all necessary federal and state permits relating to work within the 100 -year flood plain; This standard is not applicable. No work is proposed within the 100 -year floodplain at this time. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100 -year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; No development will take place below the top of slope or within fifteen (15) feet of the top of slope or the high water line. No specific development is currently being proposed. Please also refer to the narrative provided in response to standard number 1, above. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty -five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A "; 4 This standard is understood by the applicant. The progressive height limit affective the subject property and any future development thereof will be established in relation to the proposed, surveyed top of slope. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; This standard is understood by the applicant. However, no specific development is being proposed at this time. 11. There has been accurate identification of wetlands and riparian zones. This application simply requests an appeal of the Top of Slope Determination made by the Community Development Director. No actual development is proposed at this time. If and when development is proposed on the property, an accurate identification of wetlands and riparian zones will be provided as part of the then applicable Stream Margin Review. It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC -1 dip Mitc Haas Owner /Manager Attachments: Exhibit 1: Land Use Application and Dimensional Requirements Forms Exhibit 2: Top of Slope Determination by the Community Development Director Exhibit 3: A Pre - Application Conference Summary prepared by Sara Adams Exhibit 4: Proof of Ownership Exhibit 5: Authorization for Haas Land Planning, LLC to represent the Applicant. Exhibit 6: An Executed Application Fee Agreement Exhibit 7: A list of all property- owners within 300 feet 5 uw saurmneaevmown ava0004E s. : : h,. 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R � a `K e \ . ' °r / / gal yi Lt 0 Mil 1 3 ix R NM lap EXHIBIT I ,1 ATTACHMENT 2 -LAND USE APPLICATION PROJECT': Name: (oi SNAJy LAN!) SI V. eAM MM4e6-1 h ee V /Eln) Location: OC)In9 5kCkCtN lane. I A5fe1'1 (Indicate street address,) lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: T Name: CA-CC CC Rp W LAND Address: � 3 !nvA Geri c PINE / OD go4 ) Phone #: 303) p ?,- t ga%o REPRESENTATIVE: Name: H aas Land I'' y� l s - �t Ql�I' . Address: (920) ti • /4//i /4//i , P b /�J Id �, 4 I 1 CO7 �j) /6// Phone #: 1 920) p a5 -70 /9 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PO ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment Special Review ❑ Subdivision ❑ Conceptual SPA zi 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.) Two DP.T;kC1 SuuGLE y RES10FNCF.S PROPOSAL: (description of proposed buildings, uses, modifications, etc.) SP C'l 1 • A • T E 1 L:' ► YH. • 1E[ ' ■ Have you attached the following? FEES DUE: $ 4 , ATV ® Pre - Application Conference Summary M Attachment #1, 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 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 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. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: ( Shady lane Stfram lln gpv \PMT Applicant: Tr; c / a1 I(tn.r✓ Location: =War anp /.(S Zone District: .r Lot Size: . AC tr s Lot Area: / i ?lee.; u;i ' 3 S A. : (for the purposes of calculating Floor Area, of Area may be reduced for are. - 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: /11 / Proposed: 41 Number of residential units: Existing: Proposed: A Number of bedrooms: Existing: i//A Proposed: 4 Proposed % of demolition (Historic properties only): N/1 DIMENSIONS: SetK 30 Floor Area: Existing :.Ste Stifle' Allowable. . Proposed: NV Principal bldg. height: Existing: U Allowable: 1 1 Proposed: Al Access. bldg. height: Existing: ti Allowable: '1 Proposed: 11 On -Site parking: Existing: a Required: 11 Proposed: LI % Site coverage: Existing: Required: II Proposed: 61 % Open Space: Existing: ti Required: II Proposed: 1) Front Setback: Existing: `i Required: Il Proposed: 11 Rear Setback: Existing: 11 Required: 11 Proposed: 11 Combined FIR: Existing: 11 Required: N Proposed: II Side Setback: Existing: N Required: U Proposed: II Side Setback: Existing: ii Required: I ' Proposed: 11 Combined Sides: Existing: Required: 1I Proposed: 11 Distance Between Existing 1- Required: 1.1 Proposed: P Buildings Existing non - conformities or encroachments: i /A Variations requested: /1/ //Q J i 0 EXHIBIT 2. Mitch Haas Haas Land Planning 970.925.7819 February 26, 2010 Re: 69 Shady Lane, Top of Slope Determination ASPEN /PITnN Dear Mitch, COMMUNITY DEVELOPMENT DEPARrMMINI The Stream Margin Map delineates the Top of Slope outside and above the property boundary of 69 Shady Lane, as illustrated below. The blue line outlines the parcel boundaries for 69 Shady Lane and the green line demarcates the Top of Slope. The actual surveyed Stream Margin Map is available in the Community Development Department. As stated in the Land Use Code Section 26.435.040, development may not occur below the Top of Slope or within 15 feet above the Top of Slope. I k t i \ ', - -" q • A • . ?Z" . vi,*je = / r A »* IliN FP i r r It i J Y� O 4 / 1 ' : t , ik I. t'. , . ,. , , • 1, 4 ,i: I - 4 .1111 keT it. i . , - . ,,- 1 ''. 14 ' ' c]:. 69 Shady Lane 0 1 The Land Use Code permits an appeal of the Top of Slope Determination to the Planning and Zoning I Commission through the Special Review process. A pre- application summary outlining the appeal process is attached to this Determination. Sincere ; , . r Chris Bendon Community Development Director Attachment: pre - application summary 1 130 SOUT GAI.IINA Sul • l. 1 • ASPEN, COLORADO 81611 -1975 • PH ONE 970 920 5090 • FA\ 970.920.5439 I Printed nn Recycled Paper J EXHIBIT CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, (970) 429.2778 sara.adams @ci.aspen.co.us DATE: 02.23.10 PROJECT: 69 Shady Lane, ,, � Parcel # 2737.073.00.012 ` ? r L y • � REPRESENTATIVE: Mitch Haas, Haas Land Planning ^5 • (970) 925 -7819 .. ��Y mhaas @sopris.net TYPE OF APPLICATION: Stream Margin Special Review to appeal Top of Slope determination. DESCRIPTION: Background: 69 Shady Lane is located along the banks of the Roaring Fork River and Hunter Creek. Pursuant to Ordinance No. 26 Series of 1989, it is zoned R -30 PUD. The Rio Grande trail runs parallel to the east lot line and the Aspen Center for Environmental Studies (ACES) is located southwest. The proximity of the subject parcel to the waterways requires Stream Margin Review, which applies to all development within 100 feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams (i.e. Hunter Creek), and to all development within the Flood Hazard Area (aka the 100 year flood plain.) Stream Margin Review relies on the Top of Slope determination to dictate where specific types of development are permitted. The current Top of Slope, as determined by the City's stream margin map, is located such that no future development is permitted on 69 Shady Lane. Proposal: The property owner would like to appeal the Top of Slope determination through the Special Review process to eventually permit development on 69 Shady Lane. The Stream Margin Map located in the Community Development Department delineates the Top of Slope. A property owner applicant may appeal the Top of Slope determination to the Planning and Zoning Commission through a Special Review process using the review criteria listed in Section 26.435.040.E of the Land Use Code. A signed survey by a licensed surveyor proposing a new Top of Slope must be included in the application in addition to an explanation as to why the Top of Slope must be changed and the reasoning behind the proposed delineation. The Planning and Zoning Commission is the final review authority. Staff strongly recommends that the applicant meet with ACES to discuss the impact of the proposed new top of slope line on their property and Hallam Lake, specifically the potential to develop the southern portion of the parcel (the island.) No actual development is proposed at this time. It is important to note that lot area beneath the high water line of a body of water is not included in the total lot area when calculating floor area. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.040 Stream Margin Review 26.435.040.D Appeal of Director's Determination 26.435.040.E. Stream Margin Special Review Review by: Staff for completeness. Public Hearing: Yes. Referral Agencies: Engineering and Parks. • Planning Fees: $1,470 Deposit for 6 hours of staff time (additional staff time required is billed at $245 per hour.) Referral Agency Fees: Engineering Major ($410) , Parks Major ($410) Total Deposit: $ 2,290 to submit application. To apply, submit the following information: 1. Proof of ownership with payment. 2. Signed fee agreement (all applications) 3. Completed City of Aspen application form (all applications). 4. Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. 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. 6. Total deposit for review of the application. 7. Copies of the complete application packet and maps: 13 copies total. HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 11ea.; Planning Staff =1 8. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 9. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 12, Copies of prior approvals. 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. • EXHIBIT 1 if COMMITMENT for TITLE INSURANCE RECEIvE issued by i Au i TITLE COMPANY OF THE ROCKIES, INC. Mq R 4 2410 as agent for cir ' C , UNITY / E � 'EN FIRST AMERICAN TITLE INSURANCE COMPANY NP Reference: Commitment Number: 0702799 -C Prepared for: Inquiries should be directed to: Carol Dopkin Susan Hass Carol Dopkin Real Estate, Inc. The Title Company of the Rockies, Inc. 122 W. Main Street 220 East Cody Lane Aspen, CO 81611 Basalt, CO 81621 Reference Property Address: 69 Shady Lane, Aspen, CO 81611 SCHEDULE A 1. Effective Date: June 29, 2009, 7:00 am Issue Date: July 23, 2009 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6- 17 -06) Policy Amount: Premium: Proposed Insured: A Buyer To Be Determined 3. The estate or interest in the laud described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Fleeta Baldwin, Roine St. Andre, Jack Rowland, and Jill Boyd, as tenants in common 4. The land referred to in this Commitment is located in the County of Pitldn, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Alta Commitment - 2006 Schedule A arMINIIIIINIIIIIII Commitment No 0702799 -C Schedule A (continued) LEGAL DESCRIPTION The land referred to in herein is located in the County of Pitkin, State of Colorado, and described as follows: Beginning at a post standing about 30 feet south of the south bank of Hunters Creek and 50 feet west from the center of the Denver & Rio Grande Railroad track, said post being at the northwest comer of parcel of ground deeded to said Denver and Rio Grande Railroad Company by the Hallam Land Company; thence southerly parallel with the Denver and Rio Grande Railroad 266 feet to the north bank of the Roaring Fork River; thence following the north and east bank of the Roaring Fork River with courses westerly and northerly 780 feet to the south bank of Hunters Creek at its junction with Roaring Fork River; thence N. 89 °44' E. 220 feet to the place of beginning. Together with all water rights pertaining thereto. Situate, lying and being in Section Seven (7), Township Ten (10) South, Range eighty-four (84) West of the Sixth Principal Meridian. NOTE: Upon compliance with Requirement No. 1, the above legal description will be amended accordingly. Alta Coum :ilurent - 2006 Schedule A (continued) • Commitment No. 0702799 -C Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I 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: 1. Legal description by a registered Surveyor or Engineer accurately describing the land to be insured, 2. Deed from Fleeta Baldwin, Roine St. Andre, Jack Rowland, and Jill Boyd, to A Buyer To Be Determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRA 39 -14 -102. 3. Evidence satisfactory to the Company that there has been compliance with the Right of First Refusal recorded April 28, 1976, in Book 311 at Page 308. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND /OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. 1 Alta Canunitmenl - 2006 Schedule B -1 Requirements Commitment No. 0702799 -C Schedule B - ll Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 1'1 EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless ' the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, 'encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or nth shown by the records of such agency or by the Public Records. 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, as reserved in United States Patent recorded December 24, 1902, in Book 55 at Page 116. 8. Any question, dispute or adverse claims to any loss or gain of land as a result of any change in the riverbed location by other than natural causes, or alteration through accretion, reliction, erosion or evulsion of the center thread, bank, channel or flow of the waters in the Roaring Fork River and Hunter Creek lying within the subject land; and any question as to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records in the office of the Clerk and Recorder for Pitkin County, Colorado accurately locating past or present locations of the center thread, bank, bed or channel of the above river or indicating any alterations of the same as from time to time may have occurred. 9. Any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Roaring Fork River and Hunter Creek. 10. Any water rights or claims or title to water in, on or under the land. Alla Commitment - 2006 Schedule B -II Exceptions EXHIBIT Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 (970) 925 -7819 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 0069 Shady Lane (PID# 2737 - 073 -00 -012) Appeal of the Stream Margin Map's Top of Slope Determination To whom it may concern: As owners of the above referenced property, we hereby authorize Haas Land Planning, LLC (HLP) to act as our designated and authorized representative for the preparation, submittal and processing of a letter requesting the appeal of the Stream Margin Map's Top of Slope Determination, as well as, any subsequent applications associated therewith. HLP is also authorized to represent us in meetings with City staff, the Hearing Officer, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in this letter. Yours truly, T.& Rowland Illr 53 Nova Circle Pine, CO 80470 (303) 838 -1826 Print Name Address, Address s, and Telephone Number F1 ez w I !l t (o - ry ro e_a VS way Ca s o h y EXHIBIT 6; CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Jack Rowland (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Stream Margin Review for the property located at 0069 Shady Lane (PID# 2737 - 073 -00 -012) (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 2.290* which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: ...1(‘L. ‘A Chris Bendon ' Pir, Rowland Community Development Director Date: 3 Billing Address and Telephone Number: 53 Nova Circle Pine, CO 80470 (303) 838-1826 * 1,470 Planning Fee; $410 Engineering Fee; $410 Parks Fee. or A H3AV - OD - 008 - L ( Wl d n - paogaa al aalanaa luauaa6aega 0965 f EXHIBIT ap suas I woxfuanewuvx n 1 ap ul ;e aanyaey 21 a zalldaa y 1 t. 7 ASPEN CENTER FOR ENVIRONMENTAL ASPEN CONSOLIDATED SANITATION CALLWINNIE LL• STUDIES 565 N MILL ST 1606 CLEMSON • 100 PUPPY SMITH ST ASPEN, CO 81611 LA JOLLA, CA 92037 ASPEN, CO 81611 CITY OF ASPEN FRIEDBERG MARC S 50% INT HINES GERALD D ATTN FINANCE DEPT PO BOX 8747 C/O DUGDALE MARIAN 130 S GALENA ST ASPEN, CO 81612 2800 POST OAK BLVD ASPEN, CO 81611 HOUSTON, TX 77065 -6100 ROARING FORK I LLC WILLOUGHBY PONDS TRUST 445 S FRONTAGE RD 180 N WACKER DR #001 BURR RIDGE, IL 60527 CHICAGO, IL 60606 V if Wl a6p3 dn-dod asodxe ® w aded paaj 009LS aleldwal ®/ /\V asn ■ wi09ZS ®AU3AV CA oT awl 6uole puce ® spiel @ lead Ase3 Mitch Haas Haas Land Planning 970.925.7819 February 26, 2010 Re: 69 Shady Lane, Top of Slope Determination . ASPEN /PITKIN Dear Mitch, COMMUNITY DEVELOPMENT DEPARTMENT The Stream Margin Map delineates the Top of Slope outside and above the property boundary of 69 Shady Lane, as illustrated below. The blue line outlines the parcel boundaries for 69 Shady Lane and the green line demarcates the Top of Slope. The actual surveyed Stream Margin Map is available in the Community Development Department. As stated in the Land Use Code Section 26.435.040; development may not occur below the Top of Slope or within 15 feet above the Top of Slope. • Att k 1 tt _gip 5 Y` ^, • - .4!. ,r'_ •! -"• t v . OStrearnMargin AD t�1 OGP]tl::9 69 Shady Lane 0 The Land Use Code permits an appeal of the Top of Slope Determination to the Planning and Zoning Commission through the Special Review process. A pre - application summary outlining the appeal process is attached to this Determination. w Sincere r , Chris Bendon Community Development Director Attachment: pre - application summary 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 -1975 • PHONE 970.920.5090 • Fax 970.920.5439 • Printed on Recycled Paper ADMINISTRATOR: Mary Lackner COVERAGE NAME: streammargin SUMMARY DESCRIPTION: This coverage illustrates the "top of slope" along the Roaring Fork River in the City of Aspen. This line is used to identify where development is subject to the City's Stream Margin Review COVERAGE TYPE: arc FORMAT: ARC /INFO PROJECTION: State Plane, Colorado Central Zone UNITS OF MEASURE: Feet DATUM: NAD 83 SOURCE SCALE: 1:6000 ORIGIN: Sopris Engineering DATE: February 2002 COVERAGE COMMENTS: The demarcation of the "top of slope" (referred to as "top of bank" on the maps) was prepared by Sopris Engineering under contract by the City of Aspen Community Development department in 2000. GIS received the data from Sopris Engineering in .dxf and extracted the "top of slope" line to create this coverage. The original maps created by Sopris Engineering are recorded in the Pitkin County Clerk & Recorder's office at Book _ and Pages . Refer to these maps for survey notes and methodology for establishing the "top of slope ". Non - standard arc features: AAT DATAFILE: stream.aat COL ITEM NAME WDTH OPUT TYP N.DEC CONTENT 33 Type 12 12 C - Description of the line types ARCHIVING: The original .dxf and .dwg files used to create this file are located in archive /deep /env /streammargin.dxf and streammargin.dwg. The current file is located in archive/current/enviro. MAINTENANCE: When the City has funds to extend this project into Maroon and Castle Creek GIS will update this layer. sfremn_rnnrgin.dor V $ G1 IiU Y (Al P b ;�5 CD ORDINANCE NO. 26 •„ (Series of 1989) c+m AN ORDINANCE ZONING THE CENTENNIAL /HUNTER CREEK /LANE PINE ANNEXATION AREA GENERALLY LOCATED AT THE BASE OF SMUGGLER AND RED MOUNTAINS TO R -30 PUD, R -15A PUD, R -15A, PUBLIC, R/MFA AND R /MFA PUD. WHEREAS, the Centennial /Hunter Creek /Lone Pine area was annexed to the City of Aspen on March 24, 1989; and WHEREAS, the Planning Office held a neighborhood meeting with residents of the Centennial /Hunter Creek /Lone Pine area to receive input regarding zoning of the area; and WHEREAS, the Planning and Zoning Commission held a duly noticed public hearings on February 21, 1989, to consider zoning of the Lone Pine area and April 25, 1989, to consider zoning of the Centennial /Hunter Creek area; and WHEREAS, the City Council has considered the recommendation of the Planning and Zoning Commission and has determined the proposed zoning to be compatible with surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO Section 1 That it does hereby zone the Centennial /Hunter Creek /Lone Pine annexation area as illustrated on the attached map. Section 2 That the Zoning District Map be amended to reflect the zoning described in Section 1 and the Planning Director be authorized and directed to amend the map to reflect the zoning 1 change. BOOK 611 p46E636' Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy in the office of the Pitkin County Clerk and Recorder. Section 4 If any section, sub - section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by and court of competent jurisdiction, such portion shall be deemed a separate, district and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6 A public hearing on the Ordinance shall be held on the /e day of , 1989, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as h provided by law by the City Council of the City of Aspen on theJ l"Y' of 2 —_--. --- , c 1 — _ 1 . ) ,OOK 611 lialiEUO I ....- -. • s , • ' A i : ' • l'.. - _ _ _._ , V I . .- fl 10 r I , I 7, - C.: 1 .- -' 1 ,rk C 'N ' ' Z : II i , ...A7 -, 2 4 et /- 1 6 LL „../- ';''' '''' ‘ 7 7 y ‘. , .. _ cr A -:-.-------;- ===6 _ -,,,__..,. ‘ ; p . L`r .1 .1.f la, M3IA WSW . .i t Z . 8 ' . 1 Z ., nia . - i,.'s g 9 “i \ ; cc z fr _ ' 7 C • 4 4. .. , • '; 4 •ow. is A • , ' • t z r — c ' . • ...‘ ... - • . i ..... , - . . ,—. , . 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'er s i k ,: by tot AA --I P ei 1,„ ”rin2 t. \ • 00v - al r---, itile 11 lilis ms & - -r - •.:t 1 ..s.' . •...r r . --- - F._ ; .V •-• It261 w 7 S I ,,__ • crj- lil ; 6 i.1; ' v . , ilior ■- , s ..:0 cl! CC IC fi • :r1 z .i t \ b61 1 r----1 Nei ■-t' Si i.- : 0 i !t z CD cc b i 4 5, "is I 11: - : q P.Inr 0.113 1 t ibt 1 Q AI 9 jell . , - 4 .-- ‘ . - 1 ' --al . Po ok e_af3L-1 o ON 611 P4GE a , 1989. William L. Stirling, Mayor ATTEST: ll Kathryn S Koch, City Clerk ,/ FINALLY, adopted, passed and approved this /7" day of , 1989. William L. Stirling, Mayor ATTEST: � d Kathryn S Koch, City Clerk annex.cen.hc.lp.ord.zon 3 Sara Adams From: Mary Lackner Sent: Tuesday, September 15, 2009 10:33 AM To: Sara Adams Subject: RE: GIS layer question Attachments: stream_margin.doc Sara - Attached is the description of where the data came from. At the time, Sopris was contacted so ComDev could have a reference map to easily determine what parcels were subject to Stream Margin review along the Roaring Fork River and what parcels would be exempt. A map was also produced for ComDev at this time which I have put in X: \gis \sara. Since this information was created in direct relationship to the Stream Margin process, changing the name may "break" this relationship and provide more ambiguity to the process. I'd like a bit more discussion and the definition of "stream margin" before changing this. I'd also be happy to discuss this with you at your convenience. Mary Lackner 970.920.5106 htto://www.asoenoitkin.com/ais 39° 11' 28.8 "N 106° 49' 3.4 "W elevation 7906' From: Sara Adams Sent: Monday, September 14, 2009 11:37 AM To: Mary Lackner; Bridgette Kelly; Jennifer Phelan Subject: GIS layer question Hi Bridgette and Mary, I am researching a parcel on lake avenue using a few of ESA layers (Hallam Bluff, Stream Margin) to create a map. I spoke with Bridgette this morning to get clarification what the 'stream margin' layer delineates. The stream margin layer indicates the top of slope or top of bank that was plotted by Sopris Engineering. In our Code, the top of slope and stream margin review are different...which leads me to my question- can we change the layer name to top of slope instead of stream margin? Thanks!! Sara Sara Adams. Historic Preservation Planner 5■+ (-4 t ,oath Gaierla Street :8 '9'05928.5438 www.aspenhistoricpreservation.com 1 • � • :'.:.,..',e, _ 1001111,. ••• _ . w O y � ' � , M. X1. 7. - .. .'� �S r ∎ ; - 4 ' • . a .. 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