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HomeMy WebLinkAboutLand Use Case.1101 E Cooper Ave.0054.2010.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0054.2010.ASLU PARCEL ID NUMBER 2737 18 139 801 & 2737 18 139 002 PROJECTS ADDRESS 1101 E. COOPER AVE PLANNER JENN PHELAN CASE DESCRIPTION SUBDIVISION AMENDMENT REPRESENTATIVE ROBERT L. ORR FAMILY DATE OF FINAL ACTION 09.13.11 CLOSED BY ANGELA SCOREY ON: 10.20.11 E 0054.2010.ASLU 2737 18 139 801 & 2737 18 139 002 JT 1101. E. COOPER AVE SUBDIVISION AMENDMENT ....I-'ll ./.. , ~Ct.lj; S 1 I 1 ~ I I · ~ -/- - THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0054.2010.ASLU PARCEL ID NUMBER 2737 18 139 801 & 2737 18 139 002 PROJECTS ADDRESS 1101 E. COOPER AVE PLANNER JENN PHELAN CASE DESCRIPTION SUBDIVISIONAMENDMENT REPRESENTATIVE ROBERT L. ORR FAMILY DATE OF FINAL ACTION 09.13.11 CLOSED BY ANGELA SCOREY ON: 10.20.11 EXCHANGE AGREEMENT FOR SECOND AMENDED PLAT ANDERSON SUBDIVISION THIS EXCHANGE AGREEMENT FOR ANDERSON SUBDIVISION (the "Agreement") is made and entered into this 9 day of 51,0+ ,2011,by and among THE CITY OF ASPEN, COLORADO, a Colorado municipal corporation (the "City") and the Robert L. Orr Family Partnership LLLP ("OFP"); WITNESSETH: WHEREAS, OFP has submitted to the City for approval, execution and recording this Agreement, to clarify provisions within Ordinance No. 10 (Series of 2011) allowing for the replatting of lots 1 and 2 within the Anderson Subdivision (the "Project"); and, WHEREAS, the City held an election in May of 2011 requesting permission to trade land with the OFP that was approved by the voters of Aspen; and, WHEREAS, The City found that the Project meets or exceeds all the applicable development standards; and, WHEREAS, due to the positive vote, the City can now finalize the land exchange, subdivision plat and requirements of the ordinance; and, WHEREAS, The City found that the Project furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, The City has imposed certain conditions and requirements in connection with its approval; and, WHEREAS, OFP is willing to comply with the conditions and requirements imposed by the City in approving the subdivision; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Agreement and subdivision plat for recordation by the City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: / 1. APPROVALS. Pursuant to Ordinance No. 10 (Series of 2011) adopted on March 28, 2011, and recorded as Reception No. 578854 in the office of the Clerk and Recorder of Pitkin County, Colorado (the "Ordinance"), the City approved the replatting of Lots 1 and 2 of the Anderson Subdivision with conditions. 2. PLAT AND AGREEMENT. OFP shall execute and shall authorize the City to record the Second Amended 1 RECEPTION#: 582867, 09/20/2011 at 09:15:19 AM, 04 rt.oawl <\0 1 OF 5, R $31.00 Doc Code AGREEMENT bl, 1-4, 89' 93 , Cut® n# 69.26€ Janice K. Vos Caudill, Pitkin County, CO Plat - Anderson Subdivision which shall meet the requirements of Land Use Code Section 26.480. OFP shall also execute and authorize the City to record this Agreement that clarifies and memorializes the conditions of Ordinance No 10 (series of 2011). If deemed necessary by either party, the parties shall exchange quit claim deeds for the exchanged parcels. 3. FINISHED FLOOR ELEVATION OF LOT 2 RESIDENCE Per Section 1 of the ordinance, the ground floor of the residence on Lot 2 will be developed approximately at the elevation of Riverside Drive. After further study of the lot and its potential future development, the finished floor elevation of the ground floor shall be no greater than 7,962 feet in elevation and no less than 7,959 feet. This finished floor elevation shall apply to the single-family residence and any accessory use or structure. 4. BASEMENT DESIGN AND CONSTRUCTION Per Section 1 of the ordinance, limitations on the development of any basement level shall include a prohibition on certain types of development along the western boundary of Lot 2, more specifically detailed below as: a. Any walk-out design is prohibited; however window wells and similar design elements to comply with Building Code requirements are not prohibited. b. Any construction on the western boundary shall minimize surface disturbance or direct impact to the vegetation located within the set back line. Restoration of plant materials and grade is required for any vegetation and soils removed. 5. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OFP. In the event that the City Council determines that OFP is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify OFP in writing specifying the alleged non-compliance and asking that OFP remedy the alleged non- compliance within such reasonable times as the City Council may determine, but not less than thirty (30) days. Within twenty (20) days of the receipt of such order, OFP may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: a. Whether the alleged non-compliance exists or did exist, or b. Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for de novo hearings or appeals. If the City Council determines by a preponderance of the evidence that a non-compliance exists 2 which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording OFP a reasonable time to remedy such non- compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the. City Council, and upon written notice to OFP, terminate any of such approvals which are reasonably related to the requirement(s) with which OFP has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, OFP or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if OFP demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) are beyond the control of OFP, despite good faith efforts on its part to perform in a timely manner. 6. GENERAL PROVISIONS a. The provisions hereof shall be binding upon and inure to the benefit of OFP and City and their respective successors and assigns. b. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. c. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. d. This Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. e. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. f. Upon execution of this Agreement by all parties thereto, City agrees to approve and execute the Final Subdivision Plat for the Second Amended Plat - 3 Anderson Subdivision as may be necessary, and to accept the same for recordation in the Office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by OFP. g. Notices to be given to the parties to this Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: City Manager Robert L. Orr Family Partnership City of Aspen c/o Grand Junction Orthodontics 130 South Galena Street 500 Patterson Road Aspen, CO 81611 Grand Junction, CO 81506 h. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the land underlying the Project and any and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. 1. In the event of any conflict between the terms of this agreement and the ordinance, the terms off the ordinance shall be given paramount effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. OWNER: Robert L. Orr Family Partnership LLLP By: d&·Ld-:f · dk~ Name: Robert Orr Title: General Partner STATE OF C.·CX -C) &2Dc, ) ) SS. COUNTY OF -8-A<i -4 ) 1 €T The foregoing was sworn and subscribed to before me this i day of -5-2.47:*i /32/42011, by Robert Orr in his capacity as,~r of the Orr Family Partnership. 0440 Witness my hand and official seal. f EUGENE M. i 1 ALDER ~ 4 9. ...n rn My commission expires 71 /9 - 201 3 - Notary Pub)ic 6/ APPROVED: . .-i ~Jim True, Special Counsel THE CITY OF ASPEN, COLORADO ATTEST: a municipal corporation By: ~,,5~~ ~~~"-~ By: ~l~gA~*- *~ Stevd Barwick, City Manager Kathryn 1*fl, City Clerk STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this ~ day of KfdN>.AL.14/4/, 2011, by Steve Barwick and Kathryn Koch, as City Manager and City Clerk, respectively, of the City of Aspen, a Municipal Corporation. Witness my hand and official feal. My commission expires 0 4ll-1 ~901 5- 1 C /1 d Notary Public r ' - - ----NA Y poe . . »3........ 4....3* NO 4 JACKIE \ f LOTHIAN j /O OF COLD 5 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. City of Aspen and Orr Family Partnership, 130 S. Galena, Aspen, CO 81611 and 500 Patterson Road, Grand Junction Co 81596, respectively. Property Owner's Name, Mailing Address and telephone number Lots 1 and 2, Anderson Subdivision (2nd amended plat), commonly known as 1101 E. Cooper Ave_ Legal Description and Street Address of Subject Property The Applicant received Subdivision Amendment to replat the two lot subdivision._ Written Description of the Site Specific Plan and/or Attachment Describing Plan Ordinance No. 10 (series of 2011) 3/28/11 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 15,2011 Effective Date of Development Order (Same as date of publication of notice of approval.) May 16,2014 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) Issued this 16th day of May, 2011, by the City of Aspen Community Development Director. ~~ Chris Bendon, Community Development Director i . -41- . / / ' . 0- -0 .- - . A *..I % -4 Ar---&#f 40*442 -- - 1-F-64-~. flphil-' 1-1 i t-....' I.--.*Il 1 ..... - - 4--- le, 1 - 1 ...4--: ..t- .3. 4.- - - -- >- -,-, e..M-- -------.---- 1>Q.. 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NON 1 1 ~ a, I C ..f 1 0 1 4, 1 1 1 4 4 1 44 4. i. - i.,-14; 41 - \ I L f< / 4-69 1. / , '- ~»*2- --.1. .--/ I . \ ---6- - - 1- 1 . -1 *- - / T. 6 0 ) WAU<. ... ,-4. 1 -. d..,41-*- - - 1 1 2- , 0 -11« . ki»,4*rt de · I. : ! t \. 1 .1,60'4_ -* --- - -r - . ... 1 I 1 . - 00/1 1. , . .4 4 f . . -- I WI-1. "024....- 1 - GU 95 /:Frb I. I. i - 11 - !- $ i 0*- .4 :A- I I . B»mael PA »VENUE£ 9/ L ~ 4-1 .-5 ..<c/ ,-rl. .1 Cool.- t . I. 4- - 660 . 4.„ i -- r , I , . . I ......-L/j - I .2/' -231,2 BAJOO_ 4~* 0-4 1-0 9 +02lli-- mm CHARLES C~NNIFFE ARCHITECTS to--~f~i-_~~AV_~105~_~AVEI A r€. .,pii>.M/*r%4:,I, pr--- .M E-ter,-·.0y._., _4._.. _ ____ 010 EastHyman Avenue i Aspen. Colorado 81611 DvA¢k -6£ 40# 0 fibL\ :80 T: 970.925.5590 • F: 970.925.5076 , ,»,>ax/*41_, 24<ke,5,1 t (25~3404- T A Ckp~l. 1~19 10600 4 •DN/ Nlit.lit~ 1 914-1 -€) ~>fl'·»tad /5 =lo Eed:4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: i 101 E · Ce° es A»st , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I. (name, please print) 4,41 21 560·1 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 at least 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 o f general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. .4 copy ofthe publication is attached hereto. _,1 . 5 6 -~ Signature The foregoing -Affidavit of Notice" was acknowledged before me this /4 day of Ho,·g , 201[, by .49 -4,1 SCO-»f- Sunday, May 15, 2011 • Aspen Ti WITNESS MY HAND AND OFFICIAL SEAL PI JBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the My ~ymmission expires: 6/29/,FOLE< approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68. Colorado Revised Statutes, 1£i *r«i pertaining to the following described property: i Anderson subdivision, Lot 1 and 2 and more commonly known as 1101 E. Cooper Ave., Aspen. Notary Public Colorado, 81611, by order of the Community Development Director on May 4, 2011. The Applicants, City of Aspen and Orr Family Partnership, received approval of a Subdivision Amendment to replat the two lot subdivision. For further information contact Jennifer Phelan, at the get City of Aspen Community Development Dept. 130 ATTACHMENTS: W I S. Galena St, Aspen, Colorado (970) 920-5090. sl City of Aspen COPY OF THE PUBLICATION 0 £ LINDA M. I U 1 MANNING f ~ Publish in The Aspen Times Weekly on May 15, 2011.[6509820] - My Commission Expires 03/29/2014 ORDINANCE NO. 10 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT - ANDERSON SUBDIVISION, LOT 1 AND 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273718139801 and 273718139002 WHEREAS, the Community Development Department received an application from the Orr Family Partnership represented by Alan Richman Planning Services and the City of Aspen Parks Department, requesting approval of Subdivision Amendment to replat the existing subdivision's lots; and, WHEREAS, the purpose of the replat is to relocate and reconfigure Lot 2 within the subdivision while maintaining the same lot sizes; and, WHEREAS, a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on March 28, 2011, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the, approving with conditions, the subdivision amendment which maintains two lots within the subdivision; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 ofthe City of Aspen Municipal Code, the City Council hereby approves with conditions the Second Amended Plat - Anderson Subdivision which amends the configuration of Lots 1 and 2 within the existing subdivision. The Approval is conditioned on the following: RECEPTION#: 578854, 04/01/2011 at 10:56:03 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Page 1 of 3 Janice K. Vos Caudill, Pitkin County, CO 1) Approval of the exchange of property by the voters pursuant to charter section 13.4, of the home rule charter; and, 2) The residence to be developed on Lot 2 will be built so that the ground floor is approximately at the elevation of Riverside Drive. This will be memorialized with a measured and referenced elevation on the plat; and, 3) Any basement level shall not be exposed by a walk-out design or similar manner along Lot 2's western boundary that is shared with the park (Lot 1). Similarly, any grading that is undertaken will respect the natural topography and minimize any need for retaining walls. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 28th day of March, 2011, at a meeting of the Aspen City Council conunencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Page 2 of 3 Section 7: Approval of this ordinance is specifically conditioned upon approval o f the voters of the City of Aspen of an exchange of properties as set forth in the ballot question referred to the voters by resolution No. 25, Series of 2011. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of February, 2011. 3~»~»go- £\N WAui Kathryn S. ~h, City Clerk Michael C. Ireland, M*'or FINALLY, adopted, passed and approved this 28th day of March, 2011. Atte,(* 1 «94«u Kathryn S. ~6h, City Clerk Michael C. Ireland, M~ Approved as to form: Lf L#Lt Ge -, £Eh 6 -€i€ Attorney Page 3 0 f 3 REGULAR MEETING ASPEN CITY COUNCIL MARCH 28, 2011 Councilman Johnson said putting the opportunity for the community first is to have the best operator and he feels that is the CP Restaurant Group. Councilman Johnson said the revenues from the restaurant go back to support the arts and he would like to limit the city's risk and to go with CP restaurant. Councilman Skadron stated he supports the Fiercely Local group and sees opportunity to use this space to cultivate local business. Mayor Ireland said the revenue stream from this business is an important issue, which is why Council asked the question about base rent. Mayor Ireland stated he will support Fiercely Local and staff and the applicant will negotiate the agreement. Mayor Ireland said he would like to know how the tenant will maintain affordability and how that will be checked. ORDINANCE #10, SERIES OF 2011 - Anderson Subdivision Jennifer Phelan, community development department, told Council the request is to reconfigure this two lot subdivision into two different lots on the site. Both lots will be the same size as they are currently. The applicants are the City ofAspen parks department for lot 1, Anderson Park, and Orr Family Partnership for lot 2. This property is on the south side of Cooper Avenue at Riverside Drive. Ms. Phelan noted some Council attended a site visit March 2201 Lot 2 can develop a single family structure and it will have the same development after reconfiguration. Ms. Phelan said if lot 2 is reconfigured closer to Cooper Avenue, it will be less impactful to Anderson Park. Ms. Phelan pointed out due to steep slopes, if lot 2 is reconfigured, the FAR will be about 90 square feet than what is currently permitted. Ms. Phelan said the density will be the same as will the number of lots; staff supports approval ofthe application. Ms. Phelan noted since this is public land, the reconfiguration will have to be voted on at the May election. Ms. Phelan said this ordinance requires the structures on lot 2 to be developed at the approximate elevation of Riverside Drive. Another condition of the ordinance is that the basement level not be exposed in order to limit the impacts on Anderson Park. Mayor Ireland moved to adopt Ordinance #10, Series of 2011, on second reading; seconded by Councilman Skadron. City Attorney Worcester suggested an amendment to the ordinance, Section 7, approval of this ordinance is specifically conditioned upon approval of the voters of the City of Aspen of an exchange of property as set forth in the ballot question referred to the voters by Resolution #25, Series of 2011. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to amend his motion to include Section 7; seconded by Councilman Skadron. Roll call vote; Councilmembers Torre, yes; Skadron, yes; Kruger, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #25, SERIES OF 2011 - Ballot Question 8 441 2£ MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Deputy Planning DirectorCJ-\ RE: 2nd Amended Plat, Anderson Subdivision - Subdivision Amendment - 2nd Readine of Ordinance 10, Series 2011 - Public Hearing MEETING DATE: March 28,2011 APPLICANT /OWNER: reconfiguration of the shape of both lots within City of Aspen (Lot 1) the subdivision. Orr Family Partnership (Lot 2) Figure 1: Vicinity Map* 5*14 0 - REPRESENTATIVE: #015• - od<11 .- , 140 Brian Flynn, Open Space and Special ~~1 #N~%,- projects Manager (Lot 1) 0 1 461012 , 1024 Alan Richman, Alan Richman Planning 51 1, "M.0 L.,f ..1~-.ST f i i:mE ,»~,~, Al g Services (Lot 2) . 0 2 107 2, 1-17€ 4.. R I ' -<Mp.. toi ' 100 LOCATION: ,=cr,2 =2 /piri. .44 - Lots 1 and 2, Anderson Subdivision, Lot 1-3~ - 0 E.€*44 b 9%75 1 is commonly known as Anderson Park #161, 7,3. .- t.! 1--- / p . 119520 62 juiv X 3 11€#y~itUO*.,181 CURRENT ZONING & USE gr.95' 9 -2.. , ~.1~,9, he'.9-UL 7 8/Al J."ANUU'*45*'TA Medium-Density Residential (R-6) zone .-71.--1 ...........r I I. 1035 . cr flili.4-2737 los Re*Wi•ar-'6 /Zlip<, - district, with a Planned Unit . , i, Af·*»532~I;3-alf Development (PUD) Overlay. Currently , ·; 1050 0.. Lot 1 contains Anderson Park with a .. .:, .1, I £ lijalfi.~ ..4071 1050264 1 1/9//mila.Gaf¥6.I cabin and outbuildings while lot 2 is . t<. * th .6 undeveloped but approved for a single- Figure 2: View of Lot 2 from Anderson Park family residence. PROPOSED LAND USE: The current subdivision is approved for a - total oftwo lots. No changes to the uses ' are proposed; only relocation of Lot 2. STAFF RECOMMENDATION: f4 .4 1.- Approval with conditions. , ~ SUMMARY: .....- The Applicants request a subdivision o. amendment to relocate and reconfigure - existing Lot 2, resulting in an overall - - -4 P60 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicants are requesting the following land use approval to redevelop the site: • Subdivision Amendment for a change to an approved plat that is consistent with the approved plat (same number of lots) pursuant to Land Use Code Section 26.480 (City Council is the final review authority who may approve, approve with conditions, or deny the proposal). PROJECT SUM!MARY: In 1979, the Anderson Subdivision was approved by City Council. The approval allowed for the creation of two lots (Lots 1 and 2) from a parent parcel of 60,585 square feet. That same year Lot 2 was sold to the Orr family, subsequently Lot 1 was sold to the City in 1999. A plat amendment was recorded in 1996 to slightly reconfigure Lot 2 so that an utility easement was not located within it. Lot 1 is currently 54,493 sq. ft. and is a city park containing a cabin and outbuildings. Lot 2 is located in the southeast corner of the subdivision, contains 6,092 sq. ft. and is permitted to be developed with a single family residence. The Parks Department has been in an ongoing master planning effort for the park and has also been in negotiations with the Orr family with regard to the master planning process. Specifically, the two parties have been negotiating the reconfiguration of Lot 2 "in a manner that both parties' objectives could be met." In evaluating the site the Parks Department has ascertained that Lot 2 is located partly in an area of the subdivision that' s identified as useable land due to the site' s topography. A series of meetings have been held between both parties and the Open Space Board has been involved. The proposed lot reconfiguration before City Council moves Lot 2 to the northeast portion of the subdivision, closer to Highway 82/Cooper Avenue, away from the useable land (Figure 3). Figure 3: Current and Proposed Lot 2 -4*in da?~ d 20"656-402-L, 1 .*,ly-,1:,8, L ~4.4 , 1111/4111 t. III 3.91 Il'*0-16 %45 lo 21 947*ijoy/< . *4441'atubll #A ~ .c, ee,„4-1, 6 Vt*.4 ¥,1,4/ \ .,i k mem" it * BU-pey'MIL,9- A pl_-1 17 Lot 2 9... a 1 i. - 1 imic' .' i. <F, 7 i ¢ I. 111 71£6 '<MI . V.h 'bi:Rd:'213'ifil...---/\ 17,4, /lly, 7 FWIP*,-C 'fy'J 174*~ .k f)- i 46 1 . . / i CURRENT LOT 2 PROPOSED LOT 2 Page 2 of 4 P61 The Applicants are requesting approval to amend the plat in order to reconfigure the two lots as shown in Figure 2 and in the draft plat (Exhibit A). Specifically, the Applicants would like to reconfigure the location and shape of Lot 2 while maintaining the existing lot size of 6,092 sq. ft.. With the new location of Lot 2 only a single family residence is permitted to be developed on the lot; however, the allowable Floor Area allocated for Lot 2 will be adjusted. Proposed Lot 2's topography includes some steep slopes along the proposed western boundary and the site is somewhat mounded and raised above both Highway 82/Cooper Avenue and Riverside Drive. The following table (Table 1) compares the existing and proposed development with the dimensional requirements of the Medium-Density Residential (R-6) zone district for Lot 2 with regard to lot size and allowable floor area. Although both lots are the same size, due to the presence of steep slopes on the newly proposed lot, the maximum allowable floor area will be 2,470 sq. ft. which is 89 sq. ft. less than what the current lot can develop. Figure 4: Western edge proposed Lot 2 Figure 5: Southeastern edge proposed Lot 2 ..42 2 92 ..- j MIr,4 1 -f//rr,-I- - -I... lilli- , F./28911'52%95/0Uu 4~1 1 .,6.7 ~1 LIA#-BMI .I-........, - - Ii--1--- - ./46<1* 4.0.-1.I P/*34 -, 7 Ti.,1~ C r- 1 1 J Af - £ 1-,· *2* 1"""""'n - ..1 4%4,1 Table 1: Dimensional Requirements with regard to lot size and Allowable Floor Area Dimensional Requirement Underlying Zone Existing Proposed District Lot 1 Lot 1 Requirements (SFR) (SFR) Minimum Lot Size 6,000 sq. ft. 6,092 sq. ft. 6,092 sq. ft. Minimum Lot Width 60 feet >65 feet >108 feet Lot Area adjusted for slope 3572.5 sq. ft. 3,253 sq. ft. reduction Allowable Floor Area 2,560.3 sq. ft. 2,470.84 sq. ft. STAFF COMMENTS: SUBDIVISION AMENDMENT: The Applicants are requesting subdivision approval for a proposed amendment to a subdivision plat that is consistent with the approved plat. This is considered a subdivision amendment in the City' s land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision revie-w standards established in Land Use Code Section 26.480.080, Amendment to subdivision development order: "any amendment shall be approved by city Page 3 of 4 P62 council, provided that the proposed change is consistent with the approved plat. The proposal before you is consistent with the approved plat as the number of lots (2) remain the same, the lot sizes: 54,493 (Lot 1) and 6,092 (Lot2) remain the same, and the permitted use of Lot 2 remains the same (single family residence). The Orr family and the Parks Department have been working together to develop a reconfigured Lot 2 that meets the goals of both parties. The Open Space Board has reviewed the proposal and supports it. As this reconfiguration of the subdivision constitutes a land trade of publicly owned land, the subdivision amendment requires an approval by the voters of Aspen as required by the city charter. As mentioned in the first reading memo, a separate agenda item related to approving nth the ballot language to facilitate the land trade will be introduced on March 26 . Any approval of the plat amendment will be conditioned on a successful ballot measure as noted in the draft ordinance. Additionally, the application notes that the ne-wly proposed Lot 2 "is mounded up by approximately 6-8 feet above the elevation of Riverside Avenue....and the Orr family will dig this mound to drop the house elevation to approximately street level. "This condition has been included in the ordinance. Finally, the Applicant has also agreed to ensure that any basement level shall not be exposed by a walk-out design or in some similar manner along the hillside shared with the park and this is also noted in the ordinance. REFERRAL AGENCY COMMENTS: The Fire Marshal, Aspen Sanitation District, and the Utilities Department have all reviewed the proposed application and any requirements have been included as conditions of approval where appropriate. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance on second reading, nd approving with conditions, a subdivision amendment, for the 2 Amended Plat - Anderson Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No.10, Series of 2011, upon second reading." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A - Draft Plat (provided on 2/28 on 3/28/11) EXHIBIT B - Draft Ballot Language (provided on 2/28) EXHIBIT C - Application (provided on 2/28) Page 4 of 4 P63 ORDINANCE NO. l © (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT - ANDERSON SUBDIVISION, LOT 1 AND 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273718139801 and 273718139002 WHEREAS, the Community Development Department received an application from the Orr Family Partnership represented by Alan Richman Planning Services and the City of Aspen Parks Department, requesting approval of Subdivision Amendment to · replat the existing subdivision' s lots; and, WHEREAS, the purpose of the replat is to relocate and reconfigure Lot 2 within the subdivision while maintaining the same lot sizes; and, WHEREAS, a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on March 28, 2011, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the, approving with conditions, the subdivision amendment which maintains two lots within the subdivision; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions the Second Amended Plat - Anderson Subdivision which amends the configuration of Lots 1 and 2 within the existing subdivision. The Approval is conditioned on the following: Page 1 of 3 P64 1) Approval of the exchange of property by the voters pursuant to charter section 13.4, of the home rule charter; and, 2) The residence to be developed on Lot 2 will be built so that the ground floor is approximately at the elevation of Riverside Drive. This will be memorialized with a measured and referenced elevation on the plat; and, 3) Any basement level shall not be exposed by a walk-out design or similar manner along Lot 2's western boundary that is shared with the park (Lot 1). Similarly, any grading that is undertaken will respect the natural topography and minimize any need for retaining walls. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. , Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan y development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 28th day of March, 2011, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of February, 2011. Page 2 of 3 P65 Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of ,2011. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney . Page 3 of 3 P66 E-)HtlD w Ar Anderson Subdiuision Cooper Ave. & Colorado Second Amended Plat Lot 1 and Lot 2 Anderson Subdivision 23 N 75'09'00* W 187.50 B Z im 1,39.92' City of Aspen, County of Pitkin, 0 44. i f. 3/ /b -3' >** H*nt - - State of Colorado •P 4.3 -n 4 4.1 4 4/788»' \ found, ® rebor and .2dulgit£-2£.QjoRM&22 13 0 N 4'QD · The pwpose of this plat is to amend the location of Lot 2 5 248 ®*: migmle 0/0, plastic cop Know d m- by these pre,ents flat Gre the owner(s) ./ 1 Lot 2 : 1;:t,ng.:7~:~iS:%~4 21:SZ,°DEr. %22.5 2=.=r==;t' 2%4:°' 4Q, -0 El .05*&!2-42LL-,la~=-22dlk/&/ 401 f :' 2/; ~ It 6,°MAX + iz Lot 1, Anderson Subdivision. accordhg to the plot thereof recorded M Plat Book 39 ot Page 101 thereof recorded h Piot Book 39 at Page 101 0 the records of Pitkin County. m - 4 Lot 1 A Tmt of Land situoted h the NW 1/4 of the NE 1/4 of Section 18, Township 10 South. Range : the City of Aspen. Colmty of Pitkin County State of Colorado. k i.1 11 Electre Basudingl.LRL.1.Q=gcki= That sok# Ch,ner has caaed the said reci property to be foid out and surveyed 8 # 4,7 1 E 1/1 -un as Andimon Sabdivision. Second Amended Plot of Lot 1 end Lot 2 curele. Box 84 West of the 6ith Prbc*d Meridian, being more particutify described as *tows: f 2 * , Elec. Meter 0 witness h-of 930 01,ner hos =rsed his name to be hereunte subscribed this / 18 > Beghning d c pobt bug S 0074'00- W 83.98 feet on line 6-7 Riverside Place; M.S. 3905 A.At fk,v nf 7011 AN,- '4 'e/ #om Corner 6 RA-side Mocer, thence on c curv, to the right with a radius of 79153 ket a distance of 822.00 1*t to the easterfy bank of the Roaring Fork Rlwr (Chad bears S 81 74'20* W Br 81.96 <bet); thence, northeasterfy dong the easteny edge of the Roartng Fo,k R/v- 312 feet, * more or less. to Une 4-5 Riverside Plocer (Chod bears N 17'43'00" E 310.71 ket); thanct N 42 45'00'00» W 17.80 feet to Comer 4 Riverskie Pmeei: thenet N 0074*00" E 63.14 Net dong Ine Stcte of Colorado ) 44 Riverside Placer to the Southerly R.O.W. of Colorado State Highway 82 as described in Book )SS 24- N 176 ot Page 471; thence along said R.O.W. S 75'09'00" E 187.50 feet THENCE S 7463'00= E County of Pitkin ) 14.22 fbet to a poht on the R.0.11: Lbe of Riverside Avenue; thence S 14'54'00- E 16.92 feet The Foregag dedication was ac*now#edged before me this 3 4444 A g e» . / 6 thence deporting said R.O. W. N 75'06'00= W 54.99 feet thence S 15:58'00" W 109.39 Net thence~ day of - 2011 A.0., - By. Al S 7677'08' E 57.03 fbet to o point on the sold R.O. W. of Riverside Avenue; thence, S 14'54'00- Of %*411 4 BOUIL 6, W 14432 fbet thence, on o curve to the right with a radius of 793.53 het a dhtance of 132.59 4 + feet to the poM of baghnhg. £-1739' f /~ 8· * 12' 6.- E...im L>--beoddi 1 SO \ R=49.20 Lot 2. Anderson SubdMsion. accordhg to the Pict thereof recorded in Plat Book 39 at Page 101. Or*noM Lot 2 Anderson Subdhidin An.nd.d Plot of the Not™y Pub/ic ,=rd•d h Plat Sook I a 4% 1 *2% 39 at Pag, 101 .N 22&.2£.2/2/0,&22 € 9 4 A Ruct of Lmd snuated m the NW % of the AE & of Section 14 To»nsh* 10 Soum. Range 84 Know on men by these presents thof 3. A West of the 6th Pr~*01 Meridion, being more particularly described os Mows are the owner(s) of thot reel property situoted h the City of Aspen, and in /4 + 4 : 84'33 91*f. -- ---- 0, the County of Pitkin, State of Colorcdo, satd real property being more particularly - -137,0 Beghninq at the northeasterly comer of dd Lot 1, whance Corner 6 Riverside Placer bears descrted as Lot 2, Ande,son Subdhelon accord#ng to the plat thereof 4 + Found, #5 rebar and S 42'2236" W 290.38 fset thence. S 14'54'00- W 16.92 feet to the trus point of beghning; recorded n Pmt Book 39 at Page 101 in the records of Pitkin County. h 4 WigNe red plastic c* thence, S 1454'00- W 108.19 iwk thence N 7617'08- W 57.03 feet thance, N 15'58'00- E Thot said Owner has caused the scid real property to be told out and surveyed '· _ Former Lot 2 4 more or lass. in the City of Aspen, County of Pitkin County, State of Colorado. 2 * 109.39; thenct S 75'06'00= 5499 het to the true point of beginn/ng containing 0.14 Acrog os Ander=n Subdivision, Second Amended Plat of Lot 1 and Lot 2 6 092 Sq. ft +/- \,4 0 1, AC. +/- Surveyor's Cert Mcate M witness hereof sold Owner has caused his name to be hereunto subscribed this GRAPHIC SCALE L.-4/ ts. dny of 2011 AA/.- V E 23.76' 55 1, Jeffrey Allen Tuttle. being o Professiond Land Survefr 1 -h - 30 ft N 1454 w- me - of the State of Co/brodo, efo hway 8% 8 certe mot this Anderson Subdiws/on, Second Amended 4 5 i *8.se: fl3.9 K k » ' ¥51 auni P.K. Na# ond and is true and correct to the best of my belief and State of Cdorado ) Plat of Lot 1 and Lot 2 was mode under my supervision k V Washer LS. 25947 knowtedge. 1 further certify that the improvements on the )SS above described parcel on this date, November 12. 2010, County of Pitkin ) 4 6,1 96.7. except utitity connections cre entirely within the The Foregoilg dedication .cs oclmodidged before rns this 6 boundanes of the parce/, except as shown, thot there ore day of - 2011 A.D, - Byt Al 4, 9, 01 '499*4207 of AM•n improvements on ony adjoining premises, except as no encroachments upon the descr;bed premises by of 4 ~ cor,Moi Monument indicated, that there is no opporent ev#dence or sign of KY Commisser, a.4. 4* GPS-18 4 ¢ s. 8013.41 any easement crossing or burdening ony part of said Witnes, my hand and seal Redwood Subdivision parcel. except as noted. cnet that such map was c prepared from an actual monumented land survey of the Notay Ae/k property corner monuments, both fbund and set, under my direct supertsion and checking that it is correct to the best of my knowledge and belief and that a# dimensions, both Uneor and angular were determined by .CMK2¤21AErml2t Vicinity Map 1"=2000' OURE TABLE on accurate contrd survey In the feld which bolanced Chard Chon, and closed within a #mit of 1 in 10,000. This Second Amended Act of Lot 1 and Lot 2 of the Anderson Subdivelon was reviewed and approved by the C#ty Engbeer, this - doy Length Booring Delta of 2011. -hk4t114,ki{~(g tf / 249'12' Rodes length Cl 793.53 56.25 56.24 N 6958'24* E 4'03'41- C2 793.53 76.34 76.31 N 75 41'27 E 53043* drvt'-3 ··'~t:W+227~ST 0 793.53 82.00 81.96 N 81·24'21- E 555'15. Jeffrey Atlen Tuttle, P.L.S. 33638 Date City Engineer ' t :,4 12&.m,cittgk LEGEND AND NOTES j CITY COUNCIL APPROVAL - O Indicates #5 rebar with Red Plastic Cap LE #33638 -25; f --- 4 an 05'ent authonzed by o f/Na insurance compau THIS SECOND AMENDED PLAT OF LOT 1 AND LOT 2 OF THE ANDERSON SUBDIVISION 47 - Bearings ore based upon a PK. nail and disk stamped L.S. 25947 found do hereby certify that t hove examined the Title to all lands shown upon this WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN BY ORDINANCE .iaft' , if:*Ae-,1-Ylht;U 4 ot the easterly line of Lot 1 and c #5 rebor and illegible red plastic cop' Plat and that ntle to such lands 13 -teed In NO. - SERIES OF ADOPTED ON AND RECORDED ON L tj¢ « 4 0 Y, ~7~ ~ found on the easterly Une of Lot 1 using o bearag of N 1415'00* E free and dear AS RECEP11ON NO. OF THE PITKIN COUNTY RECORDS, 2 *404'18*19 '-'6• 5 * --/ * aosementz contructs and Wreammts of record 01}bethg the mol propdy in BM c between the two described monuments. of of #ens and encumbrances (including mortgages. deeds of trust A,dgments, - - t/'45 441*~1' 3.. 1 - 1he date of this survey was November 2010. this Plot), except as Mows: Ma,or " 4/ h ' '7:2 9:L'•,·•,2-3nt 16,56 17 ./. Attest THE aTY OF ASPEN ~-~~ ,~ f~'~~~~~,4~ » /- - 77,6 unit of me suremant *1 tha suney is the US Survey Foot 3 x.#.' By - This suray does not represent o title search by this survefr to City aerk I ..7...... uin DAED this - day of A.D., 2011 determine ownerst® or to discomr easements or other encumbronces of record. All Information pertoining to ownership. eosements and other TITLE COMPANY: 74. 9.-1 encumbrances of record has been token from a tifie commitment issued by dili 4«73:X aerk and Recorder*s Cartificite , Pitkn County 77tle dated Janumy £11 2011 as Case No. PC72306770. r This Mot was fled for the Record h the Offca of Be aerk and Recorder of Pitkin County, Co/wido. af -O'C/oaL-_Af..0,7 the -diy of- % ~ %14~~ 4 2011, and fs Duly Recorded b Book ...0 PogL__ 03 . 71)#s Second Amended PMt of Lot 1 and Lot 2 of the Anderson Subdivision Reception No. 1 $ was reviewed ond approved by the City of Aspen Community Development Agent 24 \ C 1 9 Clerk and Recorder Director this -day of Poll Pitkin County Records P- i j /9//1.-1,5 L L-f subjact to the terms and cond#tfons of detimhatien No.-a the Deputy ~(fljn RV City of Aspen Community Development Director xeme· TUTTLE SURVEYING SERVICES -2® Anderson Subdivision Druwn by: AS 1 / AccG,·d:,19 '0 ./.de I. lou must com,nence any legal action based upon on, d,fect m 727 Blake Avenue mt SUrt'q Wh fAr- /4,& £,flr ;Mou h•/ //scot/r such d•Ic/. /n no event may Glenwood Springs, Colorado 81601 Second Amended Plat Second Amended Final Plat of Date:12/28/2010 / .ny Ug. arlen bused up- */ de/ect tn A. sunt·ev . commenced mo,0 .an Un ytars (970) 928-9708 (FAX 947-9007) pom Me I. of me cor¢06.'on .... TUTTLE SURVEYING SERVICES / of 1 Lot 1 and Lot 2, 4'non Arnait-- je50¢ss-us.com JAN20 RECEIVED Fork River E N 778'26» E+ .,2>:24'444 Slope Analysis Mcg) -* __~ Crolo'r Anderson Subdivision Ctdo Proposed Lot 2 Anderson Subdivision „1 Curb City of Aspen, County of Pitkin, /1/ ,;3- 279 270 " 8/ ,-- -----LL<4~ 32~~*b4~%--- C) f '43) 4 5'tate of Colorado 7« . . <9 139 92' 187.50 i SidewAlk i~ ' ~6/ i \ / 0 00006999%44--7-2----%> 04 0 /3//4 //4 1 - iri,2 »c> XY-+Fire Hydran t - , '.73 t)*03 '49 11 1 \0 2 QU 00 1 ~ 11 Found, #5 i l 4 7 f #43 270'29 ,.4 I L/-6\ P) LA , illegible yell 41 2+ / 1 Lot 2· 4 1 ~' 14 092 ' Sq. F-t. +/-'~ / (2~ GRAPHl' SC f * * 0.14 AC·. '+/_ Bouklerst 1 hioh -10 ft Lot 1 3% a. Redius L.neth 1 2% £:m Owto 10+5 1 \ a l Electric . 67 79153 55.251 56.24 N 69=58*24' E 45541- b 4 .9 904 Vault (2 79153 76.341 76„31 N 75·«22- E 530.41 6 ./©09-9 1I/l 9 63 793.53 82.001 81.96 N 8,74'27~ E 53515" lA. 1 - b / fl 1 3 (72:(3 'i // , JO@ 0 -£44 f 0 4/ / f 44 - 7~/ Tele. Box 1 fl/N / 0 4 , 0 0 1) 1 11* 1 44)111 0\1 t 01 fl Elec. Meter -- Slope Legend (*Rhh Amended Property Boundary) Fam : 7) Par- f Arao (Squap Aet) 4- L 20% \ 9% 1058 1 1 1 1 1 1 ,---.1,/ --/ 0. - W . 1 JOE 2644 1.40 211 i f & 4 9 1 Existing (hi ( -4 - i lol k 1 House 4 1 1 20-30% O -0 4 ; le i -< 1> Z C LEGEND AND NOTES - e M.fas ji,undmonument as.** 91 -, , f PC,D N - Bearings ore based upon o P.K. naR and dIsk stamped LS 25947 found O-0 2 A' A . / f? , i \ ~, · of thi .ost.ir /,ha of Lot , c.,d a A,abor ond 0,0Wi red Plisk ¢* 2 In - A t ~ between the two descrted monument• found on the eosterly the of Lot 1 ushg o boarbg of N 147900" E EZ 4 , j / 16 " - 1,0 * of #* aumy •cs No-ber 20,a - The unit of measurement for this survey b the U.& Survey Foot - nus suney obas not r~int a tme siorah by thk. sur,~per to ;X 1 04 + 15 { 01 record. Al bhotkn pertabbg to ownenhb, eosements and other determbe ownership or to discover e<sements or other ancumbrcricas 4% 112% 1 1 encumbrances of record has been token from the Fht Amended Plot % A ¢ 2 2 Boulder i of the Andemon Subdi*on. recarded in Plat Book 39 at Page 101. 4 'V 1 / 1/ N Qj ~ ' 1, Jeffrey Alen Tuttle, do hereby certify that t am o Professional Land Surveyor licensed under the low of the Stote of Colorado, that this Slope Andysts Map 4 1 L=17.39' 12' Sewer Easement , ~-~ Boulder ~ is true and correct, that this map was made by me from an accurate survey of said property by me. and under my supervision and correctly shows the location and as shown on the First --3 % ~/ R= 49.20 ~ ~ ~1 ~ ~% -1 dimensions of the boundary easements and existing Aprovements An,Anrlorl Pint nf thA / Jeffrey Allen Tuttle LS. #33638 Date Notic•· TUTTLE SURVEYING SERVICES Acto,d:,4 10 Colorodo UuL vou -st commaw 1/ any {"/ aaite' ensad 1,05' ary /Mt in 727 Blake Avenue 72® Drum by: JT ats SW•Wh, Wt,Uun thr•• 1,2= ,~0, you Mi discove, su,h de'Ki /n ne et.Id „,4 Glenwood Springs, Colorado 81601 4 le,al achon 6=d upon .., dkf•cd m Stope Ancdv sis Map Lot 1 and Lot 2, Anderson Subdivision 88: 01/07/2011 A swn,q 60 ,~m~wnced mori ihan ten years (970) 928-9708 (FAX 947-9007) pom th, derU tf the eeree<,fen .down TUTTLE SURVEYING SERVICES 'SE X Acroon ~ jeff@tss-us. com 53.14 €549" COMMUNITY RECEIVED V / $3 , 4 1 76°17'08" 1 Slope An,alusis Map -Cb, 4 1 .6. I Anderson SUbdivision 4305 ~1~~9~ ~/C P q City of Aspen, County of Pitkin, 2 03 , E Original Lot 2 Anderson Subdivision 4 / (-0 t. % A /8 2 4 Boulder , <g/ 4 'V State of Colorado N 400; /-1-.00> Boulder tt l_=17.39' 12' Sewer Easement R=49.20 f K f 6 as shown on the First = " ' j - 4 0 Amended Plat of the . 1 / r f -13) Anderson Subdivision j L=13.35' R=29.94 fcy @00 recorded in Plat Book 39 at Page 101 2 05 9 f .- 0 4 0 P 1 7955 g i kikpit/f ff,1 \LE __--/-- --- - --- /r- 1, I I J : ~ L - II .t-f r .-=,> -7=45 1 t. v) 1. 4 9. .0 1 % 1 - , 4 \ 4 - i £ 1 1 ~ \ C --% ' Foun d /5 rebor and 1 ov illegible red plastic cap \ 1 /,1 3 : 1 11~ i._j i,4*.4.2, 1:, # Stq/ Legend (Mthh Fo,mer Property Boundary) GRAPHIC SCALE '\ L .4 V. Ill ' nom 72, ~ Pirent Araa (Squar, A•O ,0 0 . 0 . . 7 - r Ill 4 j 1944-01-4-fot 27 " 0. 20X \ 55* 3.329 1 inch- 10 n. ' ' 4 iIi] 'ar Jar i= '87 1 \L_ 1 ' 1 ; 1 J ts 09.3 1 54 1 th +/- f .% i U~ 30* 995 1 3~ &276 f t ; -4 /f ?, / 1. \Du _.2 , 00,.14/A:C. ~-+ /-L \ 3 ,/,4 3/ 1.- 1 /433 \ 7 CURVE TABLE /1 /' 1 Word 0,0,9 7 92.r~qj~~ i, i ,./ i " # 4, ..tf- ~~5 : O A': 23.76 . CURVE Redus £.7064 | Lange 88(--19 De/to 43 \ (41 i 1 ' r i f i ·; b 11 E 01 79153 56.251 5624 N 59*24- E 4W'41- C2 79153 76.3,1 76„31 N 75'41*22' E 53¢43= 0 7.\ 06 1-1 1 ' ' , 14°54'0 0 79153 82001 81.96 N 81 24'21' E 5·55'15' x m i ;-- i,- . 20+307'07 ,- 04 0 l/1/ , .0 0 Q) LEGEND AND NOTES E =i - B Indicates 'bund monument os desc,lbed. Z«] 4 -/ 1 /1 f it.9 68.51 00 0 ( 1,-Av . Found, P.K. Nail and - Bearings are based upon GPA noil and disk stamped LS. 25947 found o T b / 'r at the ecaterty Une of Lot 1 ond o #5 rebar and Wagible red plastic cop Washer L.S. 25947 between the two described monuments / i .L'- -o 29"E. found on the eoaterfy line of Lot 1 uming o becrbg of N 1415'00- E 2 X \\\ f /4 7002'f. .erogrtt p U) r Re dote of this survey wes November 2010 O-0 E 10 / - 17,0 unit of moosurement for th/s survey fs the U.& Surwy Foot im - ,) f«-4/ Ubuty - This survey does not represent c title search by this survejor to mZ fEa 07 3, determine ownersh# or to discover eosements or other encumbronces of.*cord A# blbnnaf,bn p,Mhag to om.,4, aas,manfs .d othar ~ ancumbrances of record hos been taken from the nsf Amended P/at of the Anderson Subdhfs/on. recorded h Mot Book 39 at Page 101 9 € 2% V / / . 62 --City of Aspen ~ Con trol Monum en t ivision °redwood Subj Elev. 8013.41 GPS-18 4 Jeffrey Allen Tuttle, do hereby certify that I am a Professional Land Surveyor licensed under the law of the State of Colorcdo, that this Slope Anot,sis Map is true and correct, that this map was made by me from an accurate survey of said property by me, and under my supervision and correctly shows the location and dimensions of the boundary, easements and existing improvements. Jeffrey Allen Tuttle L. S. #33638 Date Notte, Acco~ling to Color/de taw. y.u must commence. TUTTLE SURVEYING SERVICES lee Drown by: JT an, 1,9/ adion 6-d upen 04 481,¢t A 727 Blake Avenue b surv,™ within thr-,2 ven qfter you .Ars' *cotier sUCh defect /n " 8-d may Glenwood Springs, Colorado 81601 any kgat action based „pon any *dect m Slope Analysis Map Lot 1 and Lot 2, Anderson Subdivision Date: 01/07/2011 h .."ey 6. commenced mme mal * pars (970) 928-9708 (FAX 947-9007) C1 ~0 81 a• c,r·440$,1 *0 TUTTLE SURVEYING SERVICES /w X jeff@tss-us. com '99.96 „99,9 l.0 1 RECEIVED ~·. i~ /1/51 T'·94- . ~ %~EUMNEJU .$ 00.440 THE CITY OP Agpl ,~~7*16 000,1626326 MA P. 02 20 11 1 130 SOUTH GALENA STREET FR)744Ld;$ MAILEDFROM ZIP(JODIE 8161.1 .,1 ASPEN. COLORADO 81611-1975 SONDERMAN LiNDA 20% C/O KURT A CURDS 23287 BLUE WATER CIR STE A 507 BOCA RATON, FL 33433 NIX'IE 334 NFE 1 09 00 03/08/11 RETURN TO SENDER NOT Del-IVERABLE AS ADDRESSED UNABLE TO FORWARD ec: 01811190230 *1479-05881-02-43 334333702*169£41902 11,111?,ill,111!111]11,111},1111,11,111'ull]11,11]11„11"Ill 4yles FOstt, THE CrrY OF AsPEN MNE#3% 02 IA $ 00.440 rer;*9, 00o/626326 MA P02 2011 BO Souni GALENA STREET f.2221[il,6 MAILED TROM ZIPCODE 8 1611 ASPEN, COLORADO 81611-1975 , GREENE/ROARING FORK Lp ASPEN, CO 81611 701 CASTLE CREEK DR NIXIE 802 IDE 1 00 03/ 10/ 11 - - RETURN 70 SENDER NO SUCH NUMBER UNABLE TO FORWARD BC: 81611190200 *1479-04137-02-44 816 i i S i i 12#19'42902 1111111,1111|111111,111111,1111|11,11|1111111,1,11,11,111!111/ 2 L~ 100>,. - (9 3 r bi -AtiEFB*@;2.2222- Ir· 71...¥124- 42 -66.I'-W""LENEa.Br--a= THE Orr op AsPEN &,~PF€:Ilis 0004626326 MAR 02 2011 -- > tri!:36(WN 02 N- -500744~ 130 SOUTH GALENA STREET .SLEthCK. MAILED FROM ZIP CODE 81611 ASPEN, COLORADO 81611-1975 EHRMAN JOSEPH S 720 E HYMAN AVE ASPEN, CO 81611 NIXIE 802 DE 1 00 03/10/11 RETURN TO SENDER INSUFFICIENT ADDRESS UNABLE TO FORWARD ac: 81511190230 *1479-07181-02-43 01 5 . 1 / /5 1 *18 j it 41 902 IMI„„ILII,„„)|111|~ll,11|!11111!Ill,h|1111,/Ill|11111 4 464»9' a,/ Fr#sw fric-6~25~ #ES po€4 ' LA 1: 50 « 0 -pv -·- 09™1 Y Itr-• THE CITY op ASPEN ~ 000~626326 MAP 02 2011 130 Soum GALENA STREET ti.32&12:282 MAILED FROM ZIPCODE 81 611 $ 00.440 As],EN, COLORADO 81611-1975 hib (1 - _BLAZEK-CAROUNEJ 1901 RESEARCH BLVD STE 220 ROCKVILLE, MD 20850 RETURN TO SENDER K UNDELIVERABLE AS ADDRESSED UNABLE TO FORWARD PROCESS MANUALLY 4 20850*3:PB C020 Ililli 71434*LF 9 9 ~plfs pO.9/7 D ..1,/ - ./.1 . fa~'WES THE CITY OF AsPEN EMEN 02 1, $ 00.440 M?Ulati0C 0004626326 MAP02 2011 130 SOUTH GALENA STREET EX2281-T MAILED FROM ZIPCODE 81611 ASPEN, COLORADO 81611-1975 PIEPHO KARL W PO BOX 10014 ASPEN, CO 81612 NIXIE 002 DE 1 00 00/11/11 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNADLE TO FORWARD .C: eieiligo=eo -*1479-03940-02-44 816 -;731@2@99*1902 1}uhn,11,11,~}"ll,7,11,7,1}1?11711)71,1171"Ij,)17711))1,1 0,3044 ' UY.9.#-2,% <> >r 1mm*3:it e" 0-.T.9.=NZ,==F- W'0- rl ~,1- notfvr S THE CITY OF ASPEN |~~~*~-~ 0004626326 MA PO 2 2011 02 lA $ 00.440 130 Sourn GALENA STREET ca=,4:t:N.Ix: MAILEDFROM ZIPCODE 81611 ASPEN, COLORADO 81611-1975 , COFLIN DAVID L & MAXON PATRICIA A PO BOX 11973 ASPEN, CO 81612 NIXIE 002 DE 1 00 03/10/11 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD EC: 8151119C230 *1479-03805-02- 44 -10 6 Le=J=.:16tit£,F1902 11111„„11,11,11]111!11'll„111,111111,1,1111„11,)j,111„111 I --I- B £*FTES PO·944 ~*29 Wer·u.,---- THE CITY OF ASPEN [il@-tb~~ 02 1, $ 00.440 0004626326 MAr>02 2011 130 SOUTH GALINA STREET Wd,0,1,841' .:LcI MAILED FROM ZIPCODE 81611 ASPEN, COLORADO 81611-1975 PETERS JULIE PO BOX 1643 ASPEN, CO 81611 NIXIE 802 DE 1 00 03/14/11 RETURN 70 SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD DC: 81811190230 *1479-037'le-02-44 8161101902 11"1 1111 1]11111111]1111111]111JI!11111'Il,!dul),1111,1,11't - - r- - --7 4,=eas Post» 1 F~Whlipl: D "0'V - f.1-ive-v-, THE CITY oF AsPEN ~~ ~00~626326 NIA~U~Ml ~~ MAILEDFROM ZIPCODE 81611 .130 SOU™ GALINA STREET ASPEN. COLORADO 81611-1975 ASPEN VALLEY LAND TRUST PO BOX 940 ASPEN, CO 81612 NIXIE 802 DE 1 00 03/10/11 RETURN 70 SENDERe ATTEMPTED - NOT KNOWN UNABLE TO FORWARD ec: 01511190230 *1479-03904-02-44 81622309£„615¥1~902 11"1".11,11,".Ili,illm]11,1"11"mhhil|ilh"'"M - LipTES PE~ V tc:£G~~~6e: ° 4/ rx;7"m'~F'•'Y·'N'~''~ ' ~~~ THE Crry OF AsPEN litgs€*ifm 02 18 $ 00.440 130 Soum,GALENASTREEr u Ur *t.©13·r<·72 nnr?4626326 MAP02 2011 ASPEN. COLORADO 81611-1975 .....0€N~£,0 L,MENAki* MkiLED FROM ziP CODE 81611 1~1 'RESEA,MD 20850 ROCKVILLE, NIXTE 2D8 OC 1 00 03/15/11 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO PDF?WARD BC : 816111902<30 *1479-04130-02-44 8161101902 Unhn,HIL„"11"dbul]111"Jh„"hhdhll,"huhj 3 Of\. 17 ' AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE .ADDRESS OF PROPERTY: ri t £ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: HAA&17 1 6.(/0(./rrA .28 9 5.00*Mloil- STATE OF COLORADO ) ) SS. County of Pitkin ) L 444 Ec-44 (name. please print) being or represen,ing an Applicant to the City of Aspen, Colorado. hereby personally certify ihat 1 have complied with the public notice requirements of Section 26.304.060 (E) ~0111© Aspen Land Use Code in the following manner: , l/' Publication of notice: By the publication in the legal notice section of an o~ficial paper or a paper of general circulation in the City of Aspen at least fifteen (i 5) 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 , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is aitached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department: which contains the information described iii 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. -4 cory o f i he 0-wners and governrnemal agencies so noticed is attached hereto. (Continued o n ne xt page) , Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners of real property in the area o f 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. Urn . c:DTE...6,~---- 1 Signature The foregoing "Affidavit ofNotice" was acknowledged before me thi* day of Hard\ , 2011, by -A»141 60413 WITNESS MY HAND AND OFFICIAL SEAL t My commission expires: 04~7~ 2011 VOIW &11112/ s=S ~otary Public ~ -'- .<A..1...1 r JAC 1.1, Uy[ J»%,-/ ATTACHMENTS AS APPLICABLE: 44~2 - * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 CO § @25%2€22@322~p:*;43#td N~ i &n~25=ZE.ZijelsiE=b®E 03 0 <1:25 %2 Z 2.®3 RE 0=2 -22 ®u-£ < 11/filits"imilitti·i/2/11 h ,& 3.12#Q-°al'Rs:§818*fl°imbg. .< 21 {f-%14/Miltig#in/3/34111 1 8 553:95%4./5//1/21%§%&:'Blim i SM &&23&8%28&2:ts:ia:tittld; ®5 r33123%9*1 3 4:23&1%=§23:83 Z w.ap:%*En:*22823.E=0520® 2 22 £2368:ES:Z228§~:237Ztltit<I %5 Ng *115Gi@8@53*3£%12%58*259* 0- N I 1 · Aspen Times Weekly 3 BDIVISION, U DMENT 11, at a 609-62 C £6 19 4 1.1 uo 40@M s@uju uedsv PUBLI:~NOTIC~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: I i 0 l Ccy-o~ a 13-ve nu u , Aspen, CO SCHEDULED PUBLIC HEARING DATE: /11 01 3 0.~ f~t rz L A 9 8 , 2041_ * STATE OF COLORADO ) ) SS. County of Pitkin ) I, Be,AW Flon n (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:1 /J,,/~ 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. J 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 o f 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 3 day of ~71412001 , 200 / , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. 11 2 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) 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. 0515/// Si€fiLre D ZZ The fore#oing "A ffidavit of Notice" was a,knowledged before me this ~ day of 0*1{*k/- ,2*,by Ortan F 19.n WITNESS MY HAND AND OFFICIAL SEAL C< 9' Ir?74x My commission expires: 04-1 19-(lot 1 j '6:1.':I, ! 51 i., fo-'M~'-~' :;9# ~~0~ ary Public 4*4 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL F. 1 /-/ '42 Ti ' 19, i : , - . 4 ..11. i <.. .,ue wo.,. 44 . 4 17-to ..=..9.9 € . .4 5 P . ., Adlk - ..P '34¢ .-I . 4 - AF# . 0 7 7<* 0 . 1 ..1, . 2 1 42 74 v a . 14., y Illic moncE ~4~ L * 3 :43 69*d#.pw -4 4 I . 3% \3 'i -3 4. jlall'IMW-r. AL:-/-7 4-4 -- 0, 0 ;F ./ Easy Peel® Labels ~ A I Bend along line to & ~ AVERY® 5160® 1 Use Avery® Template 5160® ~ Feed Paper expose Pop-Up Edge™ ; A 1035 DURANT - 4 LLC 111 PARK AVE LLC 26 EAU CLAIRE LLC 1010 69TH ST 111 PARK AVE 452 WALNUT ST BOULDER, CO 80303 ASPEN, CO 81611 NEW ORLEANS, LA 70118 550 REDWOOD LLC ADAIR ARJA P JR AIBEL JONATHAN E 601 E HOPKINS STE 201 · - 5375 S GENEVA WY 60 EDGEWATER DR, APT 8G ASPEN, CO 81611 ENGLEWOOD, CO 80111 CORAL GABLES, FL 33133 APPEL JAMES R REVOCABLE TRUST ASPEN DAY FAMILY PTNRSHP LLLP ASPEN VALLEY LAND TRUST 40 SPRINGFIELD CT 1227 SPRUCE ST #201 PO BOX 940 GLENDALE, MO 63122 BOULDER, CO 80302 ASPEN, CO 81612 ASPENEYES LLC BARASH JAMES ROBERT & BETTEANNE BIENENSTOCK SAMUEL J & LAUREN B PO BOX 272389 50 W CHEYENNE MTN BLVD 30800 TELEGRAPH RD #2925 HOUSTON, TX 77277-2369 COLORADO SPRINGS, CO 80906 BINGHAM FARMS, MI 48025 BOOMERANG LTD INC BLAZEK CAROLINE J BOREK LOUIS C/O PATERSON CHARLES 1901 RESEARCH BLVD STE 220 204 CENTRE ISLAND RD 1020 E WATERS AVE ROCKVILLE, MD 20850 OYSTER BAY, NY 11771 ASPEN, CO 81611 BOUSTEAD DOUGLAS BROUGHTON SARAH M BROWN IRVING M & BARBARA J PO BOX 186 ROWLAND JOHN 2600 ISLAND BLVD #706 149 ADIRONACK RD PO BOX 552 AVENTURA, FL 33160 ADIRONDACK, NY 12808 ASPEN, CO 81612 BROWN MATTHEW L BUKK CARLETON G 111 50% CAVE DERYK PO BOX 10129 21 TECHNOLOGY DR #6 326 MIDLAND AVE #308 ASPEN, CO 81612-7315 WEST LEBANON, NH 03784 ASPEN, CO 81611 CHASE ROBERT M & CYNTHIA CHATEAU EAU CLAIRE CONDO ASSOC CHATEAU RF 22 LLC 151 PARK AVE 730 E DURANT AV 350 NORTH LASALLE ST #800 GLENCOE, IL 60022 ASPEN, CO 81611 CHICAGO, IL 60654 CHATEAU ROARING FORK CONDO CHATEAU ROARING FORK CONDO CHATEAU ROARING FORK LLC ASSOC ASSOC 8000 WALTON PKWY #100 1039 E COOPER AVE FRIAS PROPERTIES NEW ALBANY, OH 43054 ASPEN, CO 81611 730 E DURANT ASPEN, CO 81611 CHUMLEY ANNALIESE TRUSTEE CHECK RICHARD CHURCHILL AUDREY LEE TRST CHUMLEY ANNALIESE TRUST 2309 S VALLEY RD 4541 BRIGHTON RD PO BOX 11630 BERWYN, PA 19312 CORONA DEL MAR, CA 92625-3101 ASPEN, CO 81612 C.5. 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Utilisez le aabarit AVERY® 5160® , rhornarnant 1 Sens de ravaler le rebord PoP-Up™ i 1-800-GO-AVERY ' Easy Peel® Labels | A I Bend along line to i ~ AVERY® 5160® | Use Avery® Template 5160® ~ Feed Paper expose Pop-Up Edge™ 1 CITY OF ASPEN COATES NELIGH C JR COFLIN DAVID L & MAXON PATRICIA A ATTN FINANCE DEPT 212 E LUPINE DR PO BOX 11973 130 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 COHEN ERIC R 25% COLORADO MTN NEWS MEDIA COOPER TURTLE LLC PO BOX 9764 PO BOX 1927 350 NORTH LASALLE ST #800 ASPEN, CO 81612 CARSON CITY, NV 89702 CHICAGO, IL 60654 CURTIS ALICE 80% CRAFT HAROLD D CRAWFORD DON D C/O LINDA CUSTIS SONDERMAN 17240 LECHLADE WY PO BOX U3 7457 GRANVILLE DRIVE DALLAS, TX 75252 ASPEN, CO 81612 TAMARAC, FL 33321 DACOSTA MAUREEN DEROSE JAMES F & MAUREEN C 1/3 DI LORENZO MICHAEL PO BOX I (EYE) 439 N WELLS 2ND FLOOR 30 EVERETT AVE ASPEN, CO 81612 CHICAGO, IL 60610 WINCHESTER, MA 01890-3524 DIRUSSO JOANNA DONNALLY CAROL DORAN MICHAEL TESTAMENTARY TRST PO BOX 10906 4307 ARMSTRONG PKWY 4280 GUNNIN RD ASPEN, CO 81612 DALLAS, TX 75205 NORCROSS, GA 30092 DORNEMANN MICHAEL EHRMAN JOSEPH S EISENSTAT DAVID H & NINA 390 LAKE AVE 720 E HYMAN AVE 125 PARK AVE GREENWICH, CT 06830 ASPEN, CO 81611 ASPEN, CO 81611 ELLIOTT ELYSE ERATO ROSE FIRESTONE CHARLES M & PATTIE P 610 W NORTH ST 9220 E BUCKSKIN TR 3704 BRADLEY LN ASPEN, CO 81611 SCOTTSDALE, AZ 85266 CHEVY CHASE, MD 20815 FISHER ELIZABETH B 99% FISHER JAMES B 1% FOWLER MARK C & PEMILA L 216 STOUTENBURGH LN 2709 ST ANDREWS CT PO BOX 326 PITTSFORD, NY 14534 JAMESTOWN, NC 27282 MOAB, UT 84532 FRANDSON GRAHAM FREDERICK W D JR GILBERT LAUREL E PO BOX 4521 605 E ROBINSON ST STE 500 1301 WAZEE ST #2E ASPEN, CO 81612 ORLANDO, FL 32801 DENVER, CO 80204-5812 GILLIAM KRISTI GLEASON FRANK J JR GML ASPEN PROPERTY LLC 1024 E COOPER #8 235 OVERLAND DR 3815 LISBON ST #203 ASPEN, CO 81611 SIDNEY, OH 45365 FT WORTH, TX 76107 Etiquettes faciles a peler A Repliez & la hachure afin de ~ www.avery.com ' Utilicez le clabarit AVERY® 5160® , .6-.........8-+ ravaler le rebord POP-Up™ 1 1-800-GO-AVERY 1 Sens de 1 Easy Peel® Labels i A I Bend along line to I ~~ AVERY® 5160® | Use Avery® Template 5160® 1 reed Paper expose Pop-Up Edge™ 1 A GRASSL JOHN & JOSEFA GRANTHAM CHARLES EDWARD GREENBERG STEVEN A & SHARON M 10 W MOUNT PARK RD 6001-101 CHAPEL HILL RD 810 DEAN AVE ETOBICOKE ONTARIO RALEIGH, NC 27607-5153 HIGHLAND PARK, IL 60035 CANADA M9P1 R5, GREENE BENJAMIN GREENE/ROARING FORK LP GREGORY GWEN L 601 MULBERRY PL UNIT 4E - 701 CASTLE CREEK DR 410 LEXINGTON DR HIGHLAND PARK, IL 60035 ASPEN, CO 81611 LAKE FOREST, IL 60045 GRENNEY BONNIE GEARY GRIFFIN SUSAN GEARY GSS RIVERSIDE 10 LLC 5700 COUNTY RD 129 5700 COUNTY RD 129 601 E HYMAN AVE WESTCLIFFE, CO 81252 WESTCLIFFE, CO 81252 ASPEN, CO 81611 GUTNICK ERIC I LIVING TRUST HANDZUS MICHAL HANN SANG E DR & ANN K HANDELIN MARY M LIVING TRUST 123 29TH ST 555 MAYFLOWER RD 16299 PEARSON LN HERMOSA BEACH, CA 90254 LAKE FOREST, IL 60045 FORT BRAGG, CA 95437 HART STEPHAN H HEAD FAMILY TRUST HATHAWAY CARYL ANN ATTN J W DAVIDSON 3306 LAKELAND CRESCENT 1901 RESEARCH BLVD STE 220 PO BOX 8749 BURLINGTON ONTARIO ROCKVILLE, MD 20850 DENVER, CO 80201 CANADAL7N1 B8, HENRY PATRICK JR & LORI ANNE HILCORP REALTY LLC HOFFMAN JOAN & JOHN WELLS FARGO DM/ATT LAURA MAY PO BOX 1308 1645 N VINE ST #403 666 WALNUT N8200 030 HOUSTON, TX 77251-1308 LOS ANGELES, CA 90068 DES MOINES, IA 50309 HORWITZ LEONARD REV TRUST HUNTLEY WILLIAM & YVONNE HUTCHINSON KATHLEEN D 310 W 49TH ST #1005 1890 KINGSLEY AVE, STE 102 4311 LIVINGSTON AV KANSAS CITY, MO 64112 ORANGE PARK, FL 32073 DALLAS, TX 75205 JACOBYJON JDG LLC JOHNSTONE KYLE & KIRSTEN _, C/O STEPHENS GROUP LLC 1233 W MOUNT ROYAL AV 21-e-efUNDA-WA¥-#384 920 5 293/512 PO BOX 3417 BALTIMORE, MD 21217 A*>u #O '(Ce t C LITTLE ROCK, AR 72203 JONES ANN A JP MORGAN CHASE BANK N A KAHN LINDY & SANFORD 1200 CHEROKEE #407 7255 BAYMEADOWS WY 6717 VANDERBILT DENVER, CO 80204 JACKSONVILLE, FL 32256 HOUSTON, TX 77005 KANIPE J STEPHEN KANTOR MITCHELL A & NANCY L KAPLAN LOIS SUSAN 1<ANIPE PATRICIA B 7 SHA0OW LN 9055 FAIR OAKS CRESCENT 1015 E HYMAN AVE #3 BLOOMFIELD HILLS, MI 48302 ST LOUIS, MO 63117 ASPEN, CO 81611 Etiquettes faciles & peler ~ A Repliez & la hachure afin de 1 www.avery.com 1 Sens de 1-800-GO-AVERY ! Utilisez le aabarit AVERY® 5160® , A-van,nan* r*v@ler le rebord POp-Up™ 1 Easy Peel® Labels 4 Bend along line to 1 ~ AVERY® 5160® ~ Use Avery® Template 5160® 1 Feed Paper expose Pop-Up Edge™ J A KARASIK CHARLES KARNES CHRISTINE M KASHNIG WILLIAM BOX 00794325 2309 S VALLEY RD 720 E HYMAN AVE STE 301 SIOUX FALLS, SD 57186 BERWYN, PA 19312 ASPEN, CO 81611 KELLEHER DOROTHY KNIGHT JODETTE P LIV TRUST KOFFRON ROBERT & PAULETTE PO BOX 1 1225 RIVERSIDE DR 28009 HICKORY DR ASPEN, CO 81612 ASPEN, CO 81611 FARMINGTON HILLS, MI 48331 KUESSNER AMY KOVAL BARBARA TRUST LEATHERBURYJOAN MARTIN TERRY 555 E DURANT PO BOX 1420 720 OGDEN ST ASPEN, CO 81611 ASPEN, CO 81612 DENVER, CO 80218 LEAVITT DEREK LEAVITT FAMILY TRUST LEAVITT GRANT OLIVER CO MORRISON & FOERSTER 4721 ADMIRALTY WAY #561 201 MANCHESTER AVE 555 W FIFTH ST MARINA DEL REY, CA 90292 PLAYA DEL REY, CA 90283 LOS ANGELES, CA 90013-1024 LEVY EDWARD C JR TRUST LITZENBERGER DREW & VIRGINIA 50% LUM SUSAN 711 SOUTH BATES 125 HOWLAND RD PO BOX 1571 BIRMINGHAM, MI 48009-1955 ASHEVILLE, NC 28804 ASPEN, CO 81612 MARKEL DAVID F MARSHALL THOMAS M & ELLEN M REV MARTIN MONICA A CO MDI INC TRUSTS 301 E 79TH ST #35P PO BOX 1149 300 RIVERSIDE AVE NEW YORK, NY 10021 SKIPPACK, PA 19474 ASPEN, CO 81611 MCCUE JOHN HOLLIS MCCUTCHIN TRACY L MCGAFFEY FAMILY & CO NO C LLC PO BOX 8358 5710 BENT OAK PL 2465 NOB HILL AVE NORTH ASPEN, CO 81612 DALLAS, TX 75248 SEATTLE, WA 98109 MCMILLAN DONNA M MCPHEE MICHAEL P 50% MCPHEE RODERICK F 1985 TRUST 50% 425 CAMILLE CIR UNIT 17 260 E HERON RD 4389 MALIA ST #463 SAN JOSE, CA 95134 HOLLAND, PA 19103 HONOLULU, HI 96821 MEAD GEORGE MERZBACH NINA MICHAELS LEE & PAUL 550 THIRD ST SO PO BOX 3465 3429 UNIVERSITY BLVD WISCONSIN RAPIDS, WI 54404 ASPEN, CO 81612 DALLAS, TX 75205 MILANO MARY J & MICHELANGELO A MILLER LEE I & SUZANNE K 1/3 MOHWINKEL CLIFF 315 RICHMOND RD 439 N WELLS 2ND FLOOR PO BOX 9457 KENILWORTH, IL 60043 CHICAGO, IL 60610 ASPEN, CO 81611 Etiquettes faciles & peler ~ A Repliez & la hachure afin de ~ www.avery.com ' Sens de I Utilisez le aabarit AVERY® 5160® , .6............. r*vdler le rebord Pop-UpTM 1-800-GO-AVERY ! Easy Peel® Labels i A Bend along line to i ~ AVERY® 5160® ~ Use Avery® Template 5160® ' Feed Paper expose Pop-Up Edge™ ~ * MOODY ROSS R MORK HALBERT L MULLENS JOAN F 54 RAINEY ST #414 1024 E COOPER #4 PO BOX 2940 AUSTIN, TX 78701 ASPEN, CO 81611 COLORADO SPRINGS, CO 80901 MURPHY RICHARD P & MARY K NAGER DEBBIE TRUST NARK-WILSON JANIS A 6720 DAVENPORT ST 11712 OVERBROOK RD 1039 E COOPER #5 OMAHA, NE 68132 LEAWOOD, KS 66211 ASPEN, CO 81611-4117 NEDLIN MARNY B & JOSEPH J NOMURA SHUNRO TRUST NOORI ABDUL RASOL & MANDANA 1012 E COOPER AVE #1 413 DISCOVERY ST 330 MILBURN ASPEN, CO 81611 SAN MARCOS, CA 90269 CARBONDALE, CO 81623 NORTHROCK HOLDINGS LLC NORMAN JEFFREY L & ANNA M NOVAK THEODORE J & CAROL E 1/3 BROKEN WHEEL 11 9 GREAT ELM CT 439 N WELLS 2ND FLOOR 14 VERDMONT VALLEY DR POTOMAC, MD 20854 CHICAGO, IL 60610 SMITHS FL 02 BURMUDA, ORR ROBERT L FAMILY PARTNERSHIP OATES CHERIE G OCONNELL CATHERINE M ELLP 1205 RIVERSIDE DR PO BOX 1362 500 PATTERSON RD ASPEN, CO 81612 ASPEN, CO 81612 GRAND JUNCTION, CO 81506 OZIER FAMILY COLORADO LP PACK R MICHAEL PAGELS ELAINE 747 S GALENA ST 5005 TEXAS ST STE 305 12 NEWLIN RD ASPEN, CO 81611 SAN DIEGO, CA 92108 PRINCETON, NJ 08540 PARADIGM PARTNERS PATERSON FONDA DEHNE PEARCE VIRGINIA 1536 WYNKOOP ST #100 1104 E WATERS AVE 1195 E COOPER AVE #A DENVER, CO 80202 ASPEN, CO 81611 ASPEN, CO 81611 PETERS JULIE PIEPHO KARL W POLICARO DOMINIC FRANK PO BOX 1643 PO BOX 10014 1004 E DURANT #3 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 POLICARO FRANCO G POLLOCK PERRY H PONDROM CYRENA N & LEE G 1004 E DURANT AVE #2 PO BOX 950 210 PRINCETON AVE ASPEN, CO 81611 ASPEN, CO 81612 MADISON, WI 53705 PRICE LINDA J TRUST PORTER FRANCES H PORTNOY GERALD A COAL CREEK CAPITAL MGMT 33970 MEADOW LN 222 2ND ST S E #701 1371 HECLA DR CHAGRIN FALLS, OH 44022 MINNEAPOLIS, MN 55414 LOUISVILLE, CO 80027 Etiquettes faciles A peler * Repliez a la hachure afin de 1 www.avery.com 1 Utilisez le aabarit AVERY® 5160® , 0.61'"1'kniant r*v@ler le rebord Pop-Up= 1 1 Sens de 1-800-GO-AVERY ' Easy Peel® Labels i A I Bend along line to i ~ AVERY® 5160® | Use Avery® Template 5160® ~ Feed Paper expose Pop-Up Edge™ i A PRUSAK ROBERT TRUST B 90% PROSSERJOHN RICHARD PAUL & DONALD PRUSAK ROBERT S 10% PO BOX 661 1707 COLUMBIA RD NW #519 142 TOPSTONE RD ASPEN, CO 81612 WASHINGTON, DC 20009 WEST REDDING, CT 06896-1817 RIGHTER ELIZABETH CARLETON TRST ROSS MATTHEW N 75% ROTHSCHILD ANDREW TRUST 50% - 175 RIVER OAKS LN 122 N BEMISTON AVE 21 TECHNOLOGY DR #6 BASALT, CO 81621-9382 ST LOUIS, MO 63105 WEST LEBANON, NH 03784 RUSINEK MICHAEL L SANDLER LIVING TRUST 8/5/99 SCHOONHOVEN CALVIN R & ARLENE M 826 SAVANNAH AVE 201 S BURLINGAME AVE 330 CORDOVA #354 PITTSBURGH, PA 15221 LOS ANGELES, CA 90049 PASADENA, CA 91101 SCHWARTZ ALAN 16.66% SECOND LIFE LLC SINNREICH MARK & MILLINDA 8800 LUSSO CT 3337 N MILLER RD #108 428 S HIBISCUS DR LAS VEGAS, NV 89134 SCOTTSDALE, AZ 85251 MIAMI BEACH, FL 33139 SONDERMAN LINDA 20% SOVA ANTOINETTE SPECK KARIN C C/O KURT A CURTIS 2179 COACH WAY PO BOX 9912 23287 BLUE WATER CIR STE A 507 BLOOMFIELD HILLS, MI 48302 ASPEN, CO 81612 BOCA RATON, FL 33433 SPRAGUE J ABBOTT & LESLIE M STEEL JOAN A TRUST STOFFEL PAUL T QPRT 50% 3688 WILLOWICK 161 E CHICAGO AVE #60N4 5949 SHERRY LN #1465 HOUSTON, TX 77019 CHICAGO, IL 60611-6690 DALLAS, TX 75225 STONE RONALD SULLIVAN EDWARD M SUMNER VERONICA 847 W GEORGE ST PO BOX 1324 1006 E COOPER AVE CHICAGO, IL 606575113 ASPEN, CO 81612-1324 ASPEN, CO 81611 TCDC HOLDINGS INC SYLVESTER JAMES W TAUSCHER ETNA C/O T M HIGGINS L&G, STE 2400 758 FREEDOM PLAINS RD 107 PARK AVE 2345 GRAND BLVD POUGHKEEPSIE, NY 12603 ASPEN, CO 81611-2425 KANSAS CITY, MO 64108 TEDDLIE FAMILY TRUST TENG NANCY H TRUSTEE THOMPSON MARY HOLMES 5736 STONEGATE RD 400 E 8TH ST 3665 KNOLLWOOD DALLAS, TX 75209 HINSDALE, IL 60521 HOUSTON, TX 77019 THREE BEES LLC TRAVIS SHELBY J TYE MARK M TRUST C/O DEROSE LORETTA 208 E 28TH ST - APT 2G PO BOX 8992 3 STAR ISLAND RD NEW YORK, NY 10016 ASPEN, CO 81612 MANTAUK, NY 11954 Etiquettes faciles & peler ~ Repliez & la hachure afin de 1 www.avery.com 1 litiliqp, le naharit AVERY® 5160® 1 ruvdler le rebord Pop-UPTM I 1-800-GO-AVERY , Sens de i Easy Peel® Labels i A I Bend along line to 1 ~ AVERY® 5160® | Use Avery® Template 5160® 1 I feed Paper expose Pop-Up EdgeTM ~ UHLFELDER FAMILY INVESTMENTS VANHEES GIORGIO JOANNE & ULRYCH ANDRE & JYOTI RLLP VANHEES ARNOLD 201 E SILVER ST 210 AABC STE AA 95 HORATIO ST #9K MARBLE, CO 81623 ASPEN, CO 81611 NEW YORK, NY 10014 VELEZ-ROSARIO F EVELYN VENRICK FRED C WALKER GEORGE M 425-17 CAMILE CIRCLE PO BOX 1362 2461 SHANNON RD SAN JOSE, CA 95134 ASPEN, CO 81612 NORTHBROOK, IL 60062 WEIL LORNE WEISS SOL H 16.66% WILLINGHAM VIRGINIA 750 LEXINGTON AVE 8800 LUSSO CT 3914 HAZEL LANE NEW YORK, NY 10022 LAS VEGAS, NV 89134 GREENSBORO, NC 27408 WISE PEGGY S QUALIFIED PERS QUAL WINNERMAN LORRIE B WOGAN JAQUELINE T TRUST 570 S RIVERSIDE AVE PO BOX 158 1401 TOWER RD ASPEN, CO 81611 ASPEN, CO 81612 WINNETKA, IL 60093 WOOD MARTHA L WYLY CHERYL R MARITAL TRUST XAMASS ASPEN REAL ESTATE LLC 5806 RUE BOURBON 300 CRESENT CT #1000 580 CHASWIL DR SAN ANTONIO, TX 78240 DALLAS, TX 75201 CINCINNATI, OH 45255 YOUNG MOLLY H RE TRUST 392 WINDWARD DR ELYRIA, OH 44035 Etiquettes faciles A peler ' A Repliez & la hachure afin de 1 www.avery.com ' Utilisez le ciaharit AVERY® 5160® . ravaler le rebord Pop-Up™ 1 1-800-GO-AVERY z Sens de Aspen City Council Regular Meeting Februarv 28, 2011 ORDINANCE #10, SERIES OF 2011 - Anderson Subdivision Councilman Torre moved to read ordinance #10, Series of 2011; seconded by Mayor Ireland. All in favor, motion carried. ORDINANCE NO. 10 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT - ANDERSON SUBDIVISION, LOT 1 AND 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO Mayor Ireland moved to adopt ordinance #10, Series of 2011, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Skadron, yes; Johnson, yes; Torre, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #9, SERIES OF 2011 - Boomerang (500 W. Hopkins) PUD Amendment Councilman Torre moved to read ordinance #9, Series of 2011; seconded by Councilman Johnson. All in favor, motion carried. ORDINANCE NO. 9 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COIJNCIL APPROVING A PLANNED UNIT DEVELOPMENT - OTHER AMENDMENT, AMENDMENT TO THE OFFICIAL ZONE DISTRIC MAP, AND SUBDIVISION, WITH CONDITIONS, FOR THE DEVELOPMENT OF 46 AFFORDABLE HOUSING UNITS FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS K, L, M, N, O, P, Q, R AND S, BLOCK 31, ASPEN TOWNSITE AND COMMONLY KNOWN AS 500 W. HOPKINS AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Skadron asked how many parking spaces are required. Jennifer Phelan, community development department, told Council the code requires 1 space/unit and the proposal is 33 underground parking spaces and 13 spaces at grade. Mayor Ireland said the issue is whether this will generate 46 cars. Ms. Phelan said Council should take into account location of developments. Mayor Ireland said he would like to know if there are spaces on the streets available for the other cars as well as a mitigation plan for where these cars would go i f there is no off-site parking available. Mayor Ireland said he would like to hear whether or not the building could be more variegated as it is a substantial structure in the neighborhood. Mayor Ireland noted the prior approval was for a lodge and he would like to know the impact of ears for 8 Vita- MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director ~~ft lfA FROM: Jennifer Phelan, Deputy Planning Director RE: 2nd Amended Plat, Anderson Subdivision - Subdivision Amendment - First Reading of Ordinance IO, Series 2011 MEETING DATE: February 28, 2011 APPLICANT /OWNER: reconfiguration of the shape and size of the lots City of Aspen (Lot 1) within the subdivision. Orr Family Partnership (Lot 2) REPRESENTATIVE: Brian Flynn, Open Space and Special projects Manager (Lot 1) Alan Richman, Alan Richman Planning 1, Services (Lot 2) . LOCATION: Lots 1 and 2, Anderson Subdivision, - ~ commonly known as Anderson Park . - CURRENT ZONING & USE Medium-Density Residential (R-6) zone -Il/- 4 district, with a Planned Unit Figure 1 : Photo of Lot 2 Development (PUD) Overlay. Currently Lot 1 contains Anderson Park with a . OACE A.k p 1 4 cabin and outbuildings while lot 2 is ...1 , soo , 16 , 1018. '031 ; 11 undeveloped but approved for a single- Wf "D .2 6 . fic 1 -24*Wt :'a family residence. 1. '6/56 1 ... 24 811,4,£4 M . liats. 18113 8,• . -- . 1024, p;~I ~~-tii i L:„ i 111 ~ |~|~ PROPOSED LAND USE: 949 1001 j· I, 0 The current subdivision is approved for a :, · r. i + 101 total of two lots. No changes to the uses - J -1 1 areproposed; only relocation of lot 2. **, ' .11%1. J"* 2 STAFF RECOMMENDATION: 406 Approval with conditions. 'loiS. · 1 7 : ~ ~ 102.5 . j' f , 1 8~~265, 7. 1~7~~1* 108 884* i~~.r .1*,r,Ii 1,2 f i SUMMARY: 47 The Applicant requests a subdivision !r; "-1030. 6~Oib ~~~~~~361 amendment to relocate and reconfigure 2-t . 1080., .16. • the existing Lot 2 resulting in an overall Figure 2: Vicinity Map LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval to redevelop the site: • Subdivision Amendment for a change to an approved plat that is consistent with the approved plat (same number of lots) pursuant to Land Use Code Section 26.480 (Citv Council is the final review authority who may approve, approve with conditions, or deny the proposal). PROJECT SUMMARY: In 1979, the Anderson Subdivision was approved by City Council. The approval allowed for the creation of two lots (Lots 1 and 2), from a parent parcel of 60,585 square feet. That same year Lot 2 was sold to the Orr family, subsequently Lot 1 was sold to the City in 1999. A plat amendment was recorded in 1996 to slightly reconfigure Lot 1 and establish an utility easement. Figure 3: First Amended Plat (1996) , 2.11:2:=7212.7% 7 -1 i / - 54 1,4 1 a' / /1 4 4 R 11 1 ' 1 1 .-/.C/1-0* ' 1 #fir:irti /2/ .. */1-4 4 0 / I P.246 - 1 6 2 Mar:521 3 7,7 ·· 389/ 92: 00004 f f,ff P~·*404*r.4*70~' - -«44,-1 ' 1 79€E:7 /-7NC-' -- . 4 4 / i le,..8- , ' + .4 -~--··22:0 -*-- 1 _ ·*l__ _ / .ARR 1% f - f !·'.1 : 1 3. . 9 .4 ' *44 - .4 9ld . t 9.J+... 1 LOT 2 ¥e' 2 \ 01.0 ,•cge=. I 4 C.<U S. 44 -0-/4.. 1 1~ *LUCEAUE;m ..r,<,9,6,- D,e 9 ·*0191'01©ION I' R. y . I 1.10 -01*ER WIT Id: £ , „=6'5 e.#*h -' ZE269&2 90,3,-11.Or L.lik• j urwum 12 rf EET -0 ¥12 X a E ./i / 9~r. L..$ 5.: '.-·0"t : '.4:munip rn..99,-,-- /- 822=6 D-C -IM2351- »1011- 1· M €,01 THE ·EXFFI'*pleN a JILDIADS OWL, La Lot 1 is currently 54,493 sq. ft. and is used as a park containing a cabin and outbuildings. Lot 2 is located in the southeast corner of the subdivision, contains 6,092 sq. ft. and is permitted to be developed with a single family residence. Page 2 of 5 f The Parks Department has been in an ongoing master planning effort for the park and has also been in negotiations with the Orr family with regard to the master planning process. Specifically, the two parties have been negotiating the reconfiguration of Lot 2 "in a manner that both parties' objectives could be met." In evaluating the site the Parks Department has ascertained that Lot 2 is located partly in an area o f the subdivision that was identified as useable land due to the site's topography. A series of meetings have been held between both parties and the Open Space Board has been involved. The proposed lot reconfiguration before City Council moves the lot to the northeast portion of the subdivision, closer to Highway 82/Cooper Avenue, away from the useable land. The Applicant is requesting approval to amend the plat in order to reconfigure the two lots (Exhibit A). Specifically, the Applicant would like to reconfigure the dimensions and location of Lot 2 while maintaining the existing lot size of 6,092 sq. ft.. Only a single family residence is permitted to be developed on the lot. However, the Floor Area Ratio (FAR) allocated for Lot 2 would be adjusted. Figure 4: Proposed Lot 2 ~oo"eli-9,£ & °°fbrado 37£209 -6 #4*Do. W 2 6 0-, f® t....... +-liZEZ.... 4 e e * ; Foun¢ ,5 // 2 4.2 4 Ft ./ 0 2 0.14 AC t» Bou~Mt ~ 6 Lot 1 4 ,*11' ~/ 7-/f= 1 4 . Ek. Miter /%4: 0~h l.. 5% 11 2 .: 4 / m /0 . 0 / 4 + h LM 0 '# 1%,7 E . j 4. 80.4, i / 1 20 1 2 li =11.1.„k € e BOU/*r A 3-IMEE ; I S fi '4, 4 4 f4 6t+ ;05 50 Fwnt 15 rebar ond f 4 4, . - ....€ 233€92 , 4 2990*, .d p.Vs# op 1 0 Former Lot 2 < 2 6,H2 4 n. 0/- 0.14 AC. +/- 0 E 23.76* »\« 0 14'54'0 Ck 113.9 " 464 r .4 =N =47 k \ . Ed/ *4· U,w 15 9& 1 0 4,744**Qy°,Awan 8, 0,6-18 Control Afonument Redwood Subdivision El.' 801341 4 C Proposed Lot 2's topography includes: steep slopes along the proposed western boundary and the site is somewhat mounded and raised above both Highway 82/Cooper Avenue and Riverside Page 3 of 5 S 0014'00' W ng Fork River 'Poeh A - nuan.v ap?.843<£32# - E N 71*'25' EV Drive. The following table compares the existing and proposed development dimensions with the dimensional requirements of the Medium-Density Residential (R-6) zone district for Lot 2 with regard to lot size and allowable floor area. E\=*:fj- - ~ 1 1. An-J, -TI-C I"I n~Iina*.I '0~ - ,~kt-; ~~ I.'.../ 4-1 L.1-4-W ...%2-~ 40/7.1 ~ jt-L/~_~+EL~64~~ . 4 , « 3.. '~ , - 71 Ilk#* .-2, t.1 C.~Il" ./.lill.;.8 Figure 5: Western edge proposed Lot 2 Figure 6: Southeastern edge proposed Lot 2 Table 1: Dimensional Requirements with regard to lot size and Allowable Floor Area Dimensional Requirement Underlying Zone Existing Proposed District Lot 1 Lot 1 Requirements (SFR) (SFR) Minimum Lot Size 6,000 sq. ft. 6,092 sq. ft. 6,092 sq. ft. Minimum Lot Width 60 feet >65 feet >108 feet Lot Area adjusted for slope 3572.5 sq. ft. 3,253 sq. ft. reduction Allowable Floor Area 2,560.3 sq. ft. 2,470.84 sq. ft. STAFF COMMENTS: SUBDIVISION AMENDMENT: The Applicant is requesting subdivision approval for a proposed amendment to a subdivision plat that is consistent with the approved plat. This is considered a subdivision amendment in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.080, Amendment to subdivision development order. The Orr family and the Parks Department have been working together to develop a reconfigured Lot 2 that meets the goals of both parties. The Open Space Board has reviewed the proposal and supports it. The allowable density on Lot 2 remains the same and the allowable floor area is less than what can currently be built on the existing Lot 2. As this reconfiguration of the subdivision constitutes a land trade of publicly owned land, the subdivision amendment requires an approval by the voters of Aspen as required by the city charter. At second hearing on March 28~h, staff will introduce ballot language for the May election; however the draft language is included as Exhibit B for Council's review. Any approval Page 4 of 5 of the plat amendment will be conditioned on a successful ballot measure as noted in the draft ordinance. Additionally, the application notes that the newly proposed Lot 2 " is mounded up by approximately 6-8 feet above the elevation of Riverside Avenue....and the Orr family will dig this mound to drop the house elevation to approximately street level. "This condition has been included in the ordinance. Finally, the Applicant has also agreed to ensure that any basement level shall not be exposed by a walk-out design or in some similar manner along the hillside shared with the park and this is also noted in the ordinance. REFERRAL AGENCY COMMENTS: The Fire Marshal, Aspen Sanitation District, and the Utilities Department have all reviewed the proposed application and any requirements have been included as conditions of approval where appropriate. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance on first reading, approving with conditions, a subdivision amendment, for the 2nd Amended Plat - Anderson Subdivision. RECOIVIMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 10, Series of 2011, upon first reading." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A - Draft Plat EXHIBIT B - Draft Ballot Language EXHIBIT C - Application Page 5 of 5 ORDINANCE NO. /~. (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT - ANDERSON SUBDIVISION, LOT 1 AND 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273718139801 and 273718139002 WHEREAS, the Community Development Department received an application from the Orr Family Partnership represented by Alan Richman Planning Services and the City of Aspen Parks Department, requesting approval of Subdivision Amendment to replat the existing subdivision's lots; and, WHEREAS, the purpose of the replat is to relocate and reconfigure Lot 2 within the subdivision and maintain the same lot size; and, WHEREAS, a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on March 28, 2011, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the, approving with conditions, the subdivision amendment which maintains two lots within the subdivision; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions the Second Amended Plat - Anderson Subdivision which amends the configuration of Lots 1 and 2 within the existing subdivision. The Approval is conditioned on the following: Page 1 of 3 1) Approval of the exchange o f property by the voters pursuant to charter section 13.4, of the home rule charter; and, 2) The residence to be developed on Lot 2 will be built so that the ground floor is approximately at the elevation of Riverside Drive. This will be memorialized with a measured and referenced elevation on the plat; and, 3) Any basement level shall not be exposed by a walk-out design or some similar manner along Lot 2's western boundary shared with the park (Lot 1). Similarly, any grading that is undertaken will respect the natural topography and minimize any need for retaining walls. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: th A public hearing on this ordinance shall be held on the 28 day of March, 2011, at a meeting of the Aspen City Council commencing at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of February, 2011. Page 2 of3 Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of ,2011. Attest: Kathryn S. Koch, City Clerk Michael C.Ireland, Mayor Approved as to form: City Attorney Page 3 of 3 Anderson Sub division Cooper Ave. & Color 900 -I +I-I -. Second Amended Plat Eq fley. 8,2 City of Aspen, County of Pitkin, O -11 k N 75'09'00. W Lot 1 and Lot 2 Anderson Subdivision 70 BZ 139.92' 4 . - State of Colorado ~ CO 147%&*JFEe Hwront ~m m 0,¥ B..:41 13 31.10 The pugose of this plat is to amend the Zocabon of Lot 2 91 # , 1/ ~ t *52:B.2;t,~. 12 ; 2c~261.2£.OiLiamb@2 , found, #5 rebor and tf fi,~f - ~1 ~ ~:t 6,093 Ft +/ r-~ migibb ye#ow plastic cap Know aff mer, by thue presents fh" Lot 2 w z Lot 1, Anderson Subdivision, aCCerding to the plot thereof recorded in Plat Book 39 at Page 101. 4 € .) 1 j IQ 0114 AC +/- Bou~ 2622£a3151 **21,692%0' - 4 Lot 1 6 , . 1*&0, as Anderson Subdivision, Second Amended Plot of Lot 1 and Lot 2 Dectric 2=~ing.10£-1.-0~2[iwign- That aoid O„ner has cawsed the acid real property to be told out crid surveyed t f+ , 4 0 *91% Izz:~'7We. Box 84 Wast of the 601 P,in®ci Meridian. being more perticutorly described as Mows: A 7hxt of Lond situated h the NW 1/4 of the NE 1/4 of Section 18 Township 10 South, R€„ge in the City of Aspen, County of Pitkin County, State of Colorado. f EleG. Meter /n *tness hereof scid Olm, has ccused hb ncme to be her,unto subscribed this e* e e from Comm 6 Ri-nkie Placer, thence on o curve to the right vith c radius of 793.53 Not a 2, Beginning ot a point being S 0014'00" W 83.98 feet on line 6-7 Rivwside Placer. W.S. 3905 A.At. .9 of 701 1 A/D/- '4 47 2 4/ datance of 82.00 fbet to the easterly bank of the Rowing Fork River (Chord bears S 81'24'20~ W By- 14 ~ House , 45'00'00- W 17.80 Net to Corner 4 Riverside Placer; thence. N 0014'00~ E 53.14 feet along Ine State of Cotorgdo ) l tiste 81.96 Net); thence~ northeasly dong the easte,fy edge of the Rocring Fork Rher 312 1*t '# more or #asm, to Une 4-5 Rhers/de Placer (Chord bears N 1743'00* E 310.71 feet); thence, N e 4-3 Riverslde Pkxer to the Southerly RAW. of Cotorcdo State Highway 82 os described In Book )SS k ; 176 at Page 4,71; thence dong sad R. 0.11: s 75O9to- E 187.50 8.0 77'BICE S 74:53'00* E County of Pitkh ) 4 14.22 ket to a point In the R.O.W. Una of mvers#de Avenue; thence S 14'54'00' E 16.92 -t 7he Foregoing dedkation m acknow¢edged before me this 4. A / 2. 52£13 - ~ thence deporting said R.O.W. N 75'06'00» W 54.99 feet thence S 1568'00- W 109.39 het thenc# doy of.- 2% A.D.. - By: 4 S 7617'00- E A 240 N./ ! S 7617'08~ E 57.03 fast to o poht on the nold R.O.W. of Riverside Avenue; thence. S 14*00- \ Boulder 21 6 W 14432 het thanct on o cur,e to the right with c radius of 793.53 *t o dbtance of 132.59 My Commission /*r- Ibet to the poht of beghning. Wltness my hond %4 -1 9 4 2 Jeoulder L=17.39* 1 R=49.20 Am,ndid Plat of th• 1 Not=y Public Lot 2, Anderson SubdMsion. accordjhg to the Plot thereof recorded b Plat Book 39 at Poge 101. 39 d p. /01 0, 8 ' hi~~ZUQLZ.2~c#22n .20~LaLQezz=i&22 A Tract of Lond situated M the NW 14 of the NE V. of Section 18. Township 10 South, Range 84 Know c/1 men by these presents that 3. 0 West of the 6th Principal Meridian, being more particularly described as follows: cre the ownerOO of ~hot rea# property situated h the aty of Aspen, and in 4 %9 V 8&33.82 .-- - - - - · 4 the County of Pltkin. State of Colorado. said red property belno more particularly 730; Beginnk,9 at the northeoste,4 comer of sald Lot 1, whence Corner 6 mverskle Plocer bears described as Lot 2. Andemon Subdivfsion accord/ng to the plat fhereof 4 + 4 4 Found, 15 rebar and S 42'22 36- W 29(138 feet thence, S 1454'0~ W 16.92 feet to the true point of bag#Inklg; recordad in Plat Book 39 al Page 101 in the records of P}tkin County i# ft ' thence. S 1454'00- W 108.19 feet thence N 7617'08» W 57.03 feet thence* N 1558'00' E That said 0-,er has caused th, sold red property to be loid out and surveyed 4 000/0 red plastic cop 109.39; thence. S 75'06'00- 54.99 laet to the true point of beginning containing 0.14 Acres. as Anderson Subdivision, Second Amended Plat of Lot 1 and Lot 2 _ Former Lot 2 - more or tess. h the City of Aspen, County of Pitkin County State of Colorado. 9- 6,092 Sq. Ft +/- M witness hereof sold Owner has caused his nome to be hereunto subscdbed this 0.14 AC +/- Suney,/9 Certificate Any ©1 9011 A/DZ- 22 1, Jeffrey Allen Tuttle. being o Professional Land Surveyor GRAPHIC SCALE 'A B. N 14'544 E 23.76' under the lows of the State of Colorado, do hereby cut* thot th/s Andirson SubdMsio,7. Second Amended R p mot of Lot l and Lot 2 was made under my supervision R.773.~3 , L ' 0„t Washer LS. 25947 knowledge. 1 further certify that the improvements on the ,>SS \ -S€ E. 68.51 Found, P.K. NaU ond and is true and correct to the best of my belief and State of Colorado ) 1*noh- 30 ft k EOS' 4 0#1 above described parcel on this dote, November 12, 2010, County of Pilkh except ut##ty connections are entirely within the The Foregobg dedication was acknow/edged before me this boundaries of the porcel. except os shown. that there cre day of - 2011 A.D., - By. Al ./ no encroachments upon the descrbed premises by of r: 0 %dr%6ty Of 4. ' improvements on any adjoining premises, except os Contrd Monument My Comm~on e*irea F + GPS--18 indicated, that there is no opparent evidence or sign of 4 Or cny easement crossing or burdening any part of scid Mtness my h-d and aect CRedwood Subdivision Elev. 8013.41 parcel except as noted, and that such map wos prepared from an actual monumented land survey of the Notcry Pubic property comer monuments, both found and set, under my direct supervision and checking that it Is correct to the best of my knowledge and balef and that all dimensions, both linear and angular were determined by Vicinity Map 1"=2000' CURVE TABLE an accurate contrd survey in the feld which balanced 07ord Chord and closed within a Imit of 1 0 10,000. This Second Amended Plot of Lot 1 and Lot 2 of the Anderson SubdMsion was re*wed and approved by the Oty Engineer. this - day , t I 1 CURVE Radius Longth Length Bearing Delta of 2011. U 111 01 793.53 56.25 56.24 N 6968'24* E 4UJ'41- VE. i . Jeffrey Allen Tutue, P.LS. 33638 Date Oty Engkneer LEGEND AND NolES cnigant outhtzed byof/6/• insurones companK THIS SECOND AMENDED PLAT OF LOT 1 AND LOT 2 OF lHE ANDERSON SUBDMSION ,»44 c.··C~•.UZZZJ2'4> 4 - 8 #Id#cates found monument os descrbed. 1ZL,-22¢tn ~11CQUNaL_APPROVAL - O indicates #5 rebor with Red Plast/© Cop LS. #33638 5. 9'0€t--7-0.-p:~./. i: .' , AS RECEPHON NO. OF lHE Pl™IN COUNTY RECORDS 7 442 /7&11~~,4,44:94-17 - '. - Bearings are based upon o P.K. nail and disk stamped L.S. 25947 found do hereby cert/4 that 1 have examined the Tme to on lands shown upon this WAS APPROED BY THE aTY COUNCIL OF THE aTY OF ASPEN BY ORDINANCE 3 ot the easterly line of Lot 1 and o #5 rebor and Wegible red plastic cop Plat and thot 77#0 to such tonds #s vestaed in NO. SERIES OF - ADOPTED ON AND RECORDED ON of 011 lions ond encumbrances (inducing mortgages. deeds of trust Judgments found on the easterly line of Lot 1 using c bearing of N 1415'00" E free ond deer ;j ~-AI -Cze, ~reiN zi(9.1@habil#t< 1 J / bet•¢- the two descnbed monuments. easements. contracts and agreements of record offectihg the real property h By i i ,<1CI/>1*~'7~; -.U,A~:.".'-5#.1- ff ~~~~01 - The date of this survey was No,ember 20,0. thts Flat), except as 10#ows: Mayor ¥3 4 (/ /~ 4." cri~ivbm 17 " Attes# THE aTY OF ASPEN - me unit of measurement for this survey is the US. Survey Foot . 4 - This survey does not represent o tms search by this survejor to ~, 035 r.8 - C#-0,~ -1 2757 .1/3 904/ = 0A1ED th/s - day of A.D.,2011 City aerk determine ownersh® or to discover easements or other encumbrances 491&&14 ' 1, 1,40&.lff, 1 / of record At Inkrmation pertaining to ownership. eosements and other 77/ZE COVPANK· // encumbrances of record has been taken from c tme commitment issued by -%=- 0 !jit <.' t 2£,-' ; Pitkin County Title dated January 03. 2011 as Case No. PCT23067P. 1hls Pht wis med for the Record In the Office of The Cl=* and Reconder of Pltkin County. 9 11\ if ,7 r.040 -1 2UL&~L.~mn~ta2d~=2Lt.,0=Lac Colorado, at -Otl-.,on the -dayor- i 2014 - b Ouy Reconied h Boat _of PagL..~ 0, \211\ , , This Second Amended Plot of Lot 1 and Lot 2 of the Anderson Subdivialon / was reviewed and approved by th, City of Aspen Communky Development Agent Reception No. Director this -day of 2011 subject to the tanna and cond/tions of determinotion No.- the ae,k ond Recorder h 1 pitkin County Recorcls. Rv Deputy C %- 9 v 3 1 19 ./ ' Rv kCity of Apen Community Development Director- Ne,~Ce TUTTLE SURVEYING SERVICES -ee Anderson Subdivision Drown by: AS A./0,11,/9 t. Coll./ I./ yol I./.t comntenc. any tagal action kied upon an¥ wact m /27 8joke Avenue 90.74.-111&?r:t r= -9 Glenwood Springs, Colorado 81601 Second Amended Plat Second Amended Final Plat of Date:12,/28/2010 ~ =%¥ 1,901 action based upen any defret wh Uts surl. comnwn©~d mon U:En ~en .rs (970) 928-9708 (FAX 947-9007) from 'he date od U,e "*Mation shown TUTTLE SURVEYING SERVICES Lot 1 and Lot 2, A¢,C# A'nait- le,0'Otss-us. com JAN 2 0 2011 RECEIVED Roaring Fork River Rl,verside c -..... v 1'\ i Stope Analusis Map Anderson .5'Obdivision %, 6 7.03 * E 04 1 .Xj Original Lot 2 Anderson Subdivision City of Aspen, County of Pitkin, 6 6. . A /0 0 4 -Boulder , 9-1// 4 'V State of Colorado tv.~ , N 4 RECEIVE[t ~ Y * 0, ~-,4 Boulder C#) L==17.39' l¢; 4 12' Sewer Easement- Amended Plat of th JAN 2 0 201 R=49.20 K .4 6< as shown on the First ---' j f f -10 Anderson Sub division * k CITY OF ASPEN L=13.35' cy 4.@ recorded in Plat Book : 4 N &13 COMMUNITY DEVELOPMEN- R=29.94 39 at Page 101 0 00. N 1 6 r- 6/) 47 % 1\ 7955 ij Ji,i.\,14 - -- i , y OOP (47 27- 1955 9 9 i _b~ 444«_C_jit--___--_+____v»--y 4 .*- 2 0 - 1% 4 n- 2 --i-- r-Afhlt\Tfof-50-1 / , Found, #5 rebar and illegible red plastic cap . N.) 84-£42*dE FW,- EVAWYeoun~.9 GRAPE[IC SCALE / i !11!ilit' - 4 7 km k i P~cme Aro~ Agum f¥€ . . m n 4 0% 3.329 1 -1 /1 \~ fit-ff-4\1404 ~2-Of 221 30% 1 8% 487 1 boh - 10 n. 30% 99• : 37% 2,276 / . 1 i \19 /4 / 40.14 / fiC +/- 3 5 : 1 CURVE TABLE 23.76 O,ord Chord CURVE Radius L.1904 Length 801)79 Delta Cl 793.53 56.25 56.24 N 6958'24* E 41341- / 0 79153 8200 81.96 N 8124'21- E 555'15. 43 \ '44 11 1 'll?k L N p E (2 793.53 76.34 76.31 N 7541'22' E 53041 /1-11\~1·4 -i ~f.-l l-T 20-4-3644< °54'0 04 / ///// LEGEND AND NOTES 1113. - O Indicates found monument os described. / /L , L.,68 . 11 E Found, P.K. Nail and - Bacrings are based upon o P.K. nail and disk stamped LS. 25947 found ct the easterfy Une of Lot 1 ond a B rebor and magible reef pl<,stic cap If \P fbund on the eoste,fy line of Lot 1 using o be,bg of N 1475'00= E \\ Washer L.S. 25947 between the two descmed monuments. - The date of this suney »GS November 2010. < - ~AL,7,0 6/£oser(\90 . 1 - The unit of measurement fer this survey is the U. S Survey Foot ' . 8660 of record. A# i,A,rmotion pertalnhg to own,84, eosements and other - Tms surwy does not reprosent o title sea,ch by thfs surve.,gr to det·erm#ne ownership Of to discover eas*ninfa or other encumbronces 9 i.'. // 1 ' encumbronces of record hos bean taken hm the Fht Amended Rot of the Anderson SUbdivision. recorded h Plot Book 39 at Page 101. (911\/,/, /~ / f 61 /00*>OP/7 20 ' City of Aspen 6 Control Monument b Jivisto/ft GPS-18 Elev. 8013.41 1, jeffrey Aller Tuttle. do hereby certify that 1 am a Professional Land Surve,or licensed under the law of the State of Colorado. that this Slope Andysis Map is true and correct, that this map ws mode by me from an accurate survey ~ Red*)00(1 Sllj of sold property by me, and under my supervision and correctly shows the location and dimensions of the boundary, easements and existing Improvements. Jeffrey Allen Tuttle L.S. #33638 Date Nottl TUTTLE SURVEYING SERVICES Acconbng t. Cok'¥al taw. lou musl c..Im.nce. 1/ anV */at acth bed Von any defeet m 727 Blake Avenue Te® Drown by: JT this ™rve¥ wi'hi' throe vian *ey vou ps¢ discover such defet M no evell may Glenwood Springs, Colorado 81601 S top e Analy sis Map Lot 1 and Lot 2, Anderson Subdivision Date: 01/07/2011 am' begal gehe,~ based upon an¥ detict in ms; star•yr k commneed mon Ian Un years (970) 928-9708 (FAX 947-9007) ~~,f' 4& 4 64 C"«Acation shs,~, TUTTLE SURVEYING SERVICES , of 1 jeff@tss-us. com 22 - 72 " {99.96 „89,9 L.Ot Of 1790 17 L - 13 ,- - Greater Slope (Dash _- - Slope Ancitysis Map -oc Color ------ - Anderson Subdi'vision -- -- Proposed Lot 2 Anderson Subdivision Curb City of Aspen. County of Pitkin, /1/ 23-09220" 8/ State of Colorado RECEIVED Pr C ) ):.4 CITY OF ASPE N L -F- JAN 2 0 20ij 44 78 7.50 -»ec«42----*-.-™% 139.92' COMMUNHY DEVELOPMENT Side-walk -1,0 tr~fo~«- ~n i i , ~- 0041*0~,Tf~ (b / 1 4% % V) ~ 3 -7---99{53000*04~,~~Fire Hydran t 0 i ~ r | 23'~~ f 14.22 \46 - f 1[14 0 (f Q 75 06'00„ e C u \ Found, #5 , ' 00 l 0502 i. i \ i / 1 431 ~ 1 5.4.99 0/ E L./.51 / j 4/ 1 Lot 2 0 i i i//egible yeN ~ - GRAPHIC SCALE k * ~5,092 '91. Ft· +/- 34, 4 - / /6 - *AbLU-IM. 4 0 / 4 / l/,j'\ \ 0.14 AG. +/- ;Houkiers 4 00 1 -h - 10 ft Lot 1 1 - CURVE Radius Langth Li}gth 00/to % .9 ~ r< CURI TABLE / \ L Electric Chord Chord 2 /61411 11~ 3 1 l I ' 6} ·% -'*--1 vault 01 793.53 56.25 56.24 N 6968'24 E 02 71153 76.34 76.31 N 754172- E 51043- 81.96 N 8174'21' E 4 -f 82.00 535*15- p 36 0 ¢ 1 Tele. Box (13<3 1 1 , 0 01\ 0 0/ 0 -.-7~ 0 4 1.. 1 ' 11/ / 0/- 9 % CY i ~ 0% 20% \ 51% 3.058 4- \ \~i.%:1 Elec. Meter Sopo Legend 0Wthh Amended Property 80,mctory> 1 Qz i e.11 2 TO 1 P,reant Ar. ¢3*,all A,11 1 40/ , .r ! a. 390 / i.i j CU Q) ...A.-- -- ...... .1 -1 / / h % R l I e bl ''i; S/9 i '40 1 B, i ! f i l i---lf / [El,_3'__--7' #JX 2644 , / \-0 € Existing 03 1 , House * A 8% 1 ~, ~lil~ 20-fbx 2 4%/ /· LEU:740 AND NO JES / 6)' /9<9) f; 1 ~ 2.. Coots) t - a indiectes found monument as described. 0 1,4 ~ I A % ,/ '&2 1 / - Beadngs ore based upon o P.K. noN and dtsk stamped LE 25947 found 1 ~und on th. aost•* /69. of Lot 1 -0 0 bear•g of N 147500- E ip'' f 1 i i h ot the easterly line of Lot 1 and a #5 rebor and ~egible red plastic cap i , between the two de=Bed monumenta , ancumbron,03 of record has ba,n tat-7 hm 114, F»f Amand,d P/of - 77>e un# of maosument kr 64/s sumy& th, US Sun~ Faot. - 77,0 date of thts suney vcs November 2010. /4 4 . - 1his sun,y dow not repr=ent a title search by thls surv,/9, to 2 01 .7.03 <j E- (J determ* ownersh¥ or to discover eosem«bts or other encumbronces l of record All Mformation pertohing to ownershlf eosements and other A b. of the Anderson Subdivision. recorded In Plat Book 39 at Poge 101. Boulder i 4 V l N ' 1, Jeffrey Allen Tuttle, do hereby certify thot I am a Professiond Land Survtyor licensed under the low of the Stote of Colorado. that this Sope Andysis Map 1-9 ~ L=-/R=, 12' Sewer Easement / 0~4-···-A Boulder 63 is true and correct, that this map was made by me from an occurate survey as shown on the First --3 1 of sold property by me, and under my supervision and correctly shows the location and R= 49.20, f /4> 0 -0 (/ , -~ dinensions of the boundao: easements and dthg bnpromments. Annonrlprl Pint Af th A Jeffrey Allen Tuttle LE #33638 Dote Notice, TUTTLE SURVEYING SERVICES -2e Drawn by: J T Accord,ng t, Colorado law. 1,06 Ii,st co11""0 any legat ae'* based 'pon uny defict M 727 Blake Avenue $ st,nmy wUMA th,/e ¥/6// 01/tor yeu J'-st *ge*er such W.. /n no lern' mal Glenwood Springs, Colorado 81601 any let acison ~sed upon any defect in Slope Analysis Map Lot 1 and Lot 2, Anderson Subdivision Date: 01/07/2011 # stney & ce-,nu™·/d mon than tm vars (970) 928-9708 (FAX 947-9007) /Nm ..... 4 ./cej0-cah,n shown TUTTLE SURVEYING SERVICES /ax Ac„en jeff@tss-us.com 53.14 4?6 .. F RESOLUTION NO. (Series of 2011) A RESOLUTION OF THE CHY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN QUESTION SEEKING AUTHORITY TO EXCHANGE CITY OWNED OPEN SPACE FOR AN EQUAL AMOUNT OF LAND WITHIN THE ANDERSON SUBDIVISION. WHEREAS, the City of Aspen owns certain property of approximately 54,500 square feet, commonly referred to and known as Lot 1 of the Anderson Subdivision, originally acquired for the preservation of open space and the future development of Anderson Park; and WHEREAS, a private party owns a parcel of land within the Anderson Subdivision designated as the "Lot 2" on the First Amended Plat of the Anderson Subdivision recorded in the Pitkin County Clerk and Recorder in Book 39, Page 101, as Reception No. 394519, a copy of which is appended hereto as Exhibit A; and WHEREAS, said "Lot 2" has an area of approximately 6,087 square feet and is located within the Anderson Subdivision so that it substantially interferes with the ability of the City owned lot to serve as public open space or for the future development of Anderson Park; and WHERES, the owner of said "Lot 2" has agreed to exchange his lot for a similarly sized parcel of land owned by the City within the Anderson Subdivision that would not interfere with the development of a future park; and WHEREAS, the development rights of the privately owned lot will not change by the proposed exchange; and WHEREAS, the City Council has approved an amendment to the Anderson Subdivision to amend the location of Lot 2 within the Subdivision as more fully described in the Second Amended Plat appended hereto as Exhibit B; and WHEREAS, the Section 13.4 of the City of Aspen I-Iome Rule Charter requires voter approval to sell, exchange, or dispose of real property in public use including property acquired for open space purposes; and WHEREAS, the City Council desires to obtain authorization from the electors of the City of Aspen to exchange lots with the private owner of a lot within the Anderson Subdivision to facilitate the development of the Anderson Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: The following question, authorizing the City Council of the City of Aspen to exchange lots within the Anderson Subdivision with the private owner of a similarly sized lot, shall be placed on the ballot at the May 3, 20115 election: Shall City Council be authorized to exchange a City owned parcel of land within the Anderson Subdivision of approximately 6,087 square feet for a parcel of privately owned land of equal size within the Anderson Subdivision? • The exchange of land is being proposed to make the entire Anderson Subdivision land owned by the City function better as open space and the future development of Anderson Park. • The exchange of lands will not affect the development rights of the privately owned parcel of land. • A plat of the Anderson Subdivision graphically depicting the parcels of land proposed to be exchanged is available for public inspection during business hours in the City Clerk's Office. Yes No INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,2011. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk E>®fbR-0 RECEIVFD Rrp C,9.1721 2 2 20 1~ August 31, 2010 4€*EN 147 Mr. Chris Bendon, Planning Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ANDERSON SUBDIVISION PLAT AMENDMENT Dear Chris, Please consider this letter to be an application for an amendment of the configuration of the lot lines between Lot 1 and Lot 2 of the Anderson Subdivision. The Anderson Subdivision is located off of Highway 82 at its intersection with S. Riverside Avenue (see Drawing # 1, the vicinity map). The Parcel ID # for Lot 1 is 273718139801. The Parcel ID ¢ # for Lot 2 is 273718139002. Lot 1 is owned by the City of Aspen while Lot 2 is owned by the Orr Family Partnership. Proof of the ownership of the properties is provided via the Deed of Trust for Lot 1 (see Exhibit #1) and the Quit Claim Deed for Lot 2 (see Exhibit #2). The City of Aspen and the Orr Family Partnership are the co-applicants for this amendment. The City has submitted a letter designating the Parks Department as the City's representative for this application, while the Orr Family Partnership has designated Alan Richman Planning Services as their representative for this application. These letters are attached hereto as Exhibits #3 and #4. The applicants propose to amend the configuration of Lot 2. As presently drawn, Lot 2 is situated along the flat bench that is adjacent to Riverside Avenue. However, a portion of the lot drops down the hillside into the bottomland area where the City plans to develop Anderson Park (see Drawing #2, which depicts the configuration of the two lots along with topographic contours). The purpose of this amendment would be to re-configure Lot 2 so that it contains additional flat land along Riverside Avenue and does not drop down into the bottomland. This will ensure that the house that is built on the lot will not interfere with the City's plans for Anderson Park. 1 We held a pre-application conference with you regarding this proposal. A copy of the pre- application form you provided to us is attached hereto as Exhibit #5. This application letter, the exhibits, and the accompanying drawings respond to each of the items listed on that form. The following sections provide some background information regarding these lots and an explanation of how the proposed amendment complies with the review standards of Section 26.480.080.B of the Aspen Land Use Regulations, Subdivision Amendment. Background Information The Anderson Subdivision is a two lot subdivision that was approved by the City of Aspen in 1979. The original subdivision plat is recorded in Plat Book 8 at Page 62 of the Pitkin County Records. Lot 1 of the Subdivision, which is 1.251 acres (nearly 54,500 sq. ft.) in size, is improved with the Anderson Cabin. Lot 2, which is 6,087 sq. ft. in size, is vacant. Both lots are zoned R-6 with a PUD overlay. The Anderson Family sold Lot 2 to the Orr Family in 1979, following subdivision approval. In 1995, the Orr Family applied for and received approval from City Council for the First Amendment to the Anderson Subdivision Plat. The First Amended Plat is recorded in Plat Book 39 at Page 101 of the Pitkin County Records. This amendment made a minor adjustment to the configuration of Lot 2 and established a utility easement to serve Lot 2. No change was made to the size of either parcel. A reduced-size copy of this plat (identified as Drawing #3) showing the recorded boundaries of these two lots accompanies this application. At the time of this amendment, the Orr Family had sought a more significant change to the configuration of this lot, similar to what is being proposed in the subject application. However, the owners of Lot 1, the Anderson Family, were unable to come to agreement amongstlhemselves regarding that change to the configuration of the lots. Subsequently, in 1999, the Anderson Family sold Lot 1 to the City. The Orr Family then began discussions with the City Parks and Open Space Department about ways to ensure that their plans for Lot 2 could be coordinated with the City's plans to make Lot 1 into a park. Nothing came of this early discussion. Late in 2000, City Parks Staff was directed by City Council to master plan Lot 1 for the purpose of park improvements. This master planning effort included an opportunities and constraints study, trail study, stream margin study, public meetings and a historic assessment. During the opportunities and constraints study the City discovered that Lot 2 of the subdivision encroaches into what was identified as the useable park space. Shortly after the planning efforts were completed City Council redirected staff to other priorities and put the Anderson planning project on hold. In 2008, Open Space Staff, with approval of the Open Space Board, met with Dr. Orr to discuss possible solutions for eliminating the constraint of Lot 2 on the park space. Staff first proposed to purchase Lot 2 from the Orr Family. The Orr's, who once lived in Aspen, 2 have held on to this lot in order to build a family vacation home and decided that the sale of the lot was not in the best interests of the family's goals. The Orr Family suggested amending the lot configuration in a manner that both parties' objectives could be met. During the regular open space meeting held on June 26, 2008, the City Open Space Board supported the idea of re-configuring the lots and felt this was the best approach in order to accomplish the needs of both the Orr Family and the public's use of Anderson Park. The Board directed staff to work with the Orr family representative on the necessary planning documents and ordinances to accomplish the goal of re-configuring Lot 2. Since that time the Orr Family and its representatives have held a series of meetings with City Parks and Open Space staff and the Open Space Board over the last two years to formulate the proposal embodied in this application. To help in the discussions with the Open Space Board, Parks and Open Space staff produced a set of three dimensional simulations of the massing of a house that could be built within recorded Lot 2 as compared to proposed Lot 2. These simulations are attached as Drawings #4 through Drawing #11. The simulations illustrate how intrusive the development of the recorded lot would be on the planned park. Coincident with these discussions the Orr Family installed a fence around their property boundary which also helped in understanding how the lot intrudes into the park. The Open Space Board reviewed all of this information at its meeting on February 18, 2010 and unanimously decided to proceed with this amendment to the lot lines for the Anderson Subdivision. Drawings #4 through #7 focus on recorded Lot 2. Drawing #4 provides an aerial view of the lot and the planned park and depicts the probable location of a house on the lot. Drawings #5 through #7 then simulate the mass of a house that would step down the hillside and how it would encroach into the park experience. Drawings #8 through #11 focus on the amended lot that would be created by this application. Drawing #8 provides an aerial view of the proposed lot and shows how the house wbuld be located along the road and not step down the hillside. Drawings #9 through #11 simulate the limited impact the house would have on the park experience. The proposed configuration of the two lots is shown on Drawing #12 which provides an illustration of the Anderson Subdivision Plat Amendment. This graphic depicts the proposed new location and configuration of Lot 2. It shows that Lot 2 would be shifted to the north by approximately sixty (60) feet. The lot would be reconfigured into a rectangular shape, with dimensions of approximately 60' x 101'. Given the setbacks of the R-6 zone district, the building envelope within the lot would be approximately 40' x 85'. The Orr Family has completed a preliminary study of this envelope for development of a house. At the present time, this portion of the property is mounded up by approximately 6- 8 feet above the elevation of S. Riverside Avenue. The Orr Family has agreed that the Lot 2 house will not be designed to sit on top of the mounded area. Instead the Orr Family will dig into this mound to drop the house elevation to approximately street level. They have 3 also agreed that the lower level of the house will be designed so it does not get exposed onto the hillside where it would visually impact the park. Please note that a recordable subdivision amendment plat, drawn by a surveyor, will be prepared as a condition of the approval of this application. The applicants request that they not be required to prepare this plat until after City Council approval. There is an existing sewer utility easement provided on the First Amended Plat that will have to be re-established to provide an appropriate sewer easement for the re-configured Lot 2 being proposed in this application. It is the intent and goal to provide sewer service located to this property from the line in South Riverside Avenue. However, if this is not possible the City Parks Department has committed to the Orr Family that if an easement is needed across Lot 1 to connect the sewer service line to the re-configured Lot 2, the City will honor the original easement granted during the First Amended Plat and work with the Orr Family to pick the most appropriate location to minimize impacts to the hillside. Compliance with Review Standards Section 26.480.080 of the Aspen Land Use Code authorizes amendments to approved subdivisions. It provides for what are identified as "insubstantial amendments" (Sub- section A) and "other amendments" (Sub-section B). An insubstantial amendment is limited to "technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process or any other minor change to a plat that has no effect on the conditions and representations limiting the original plat". An insubstantial amendment may be authorized administratively. Other amendments require review and approval by the Aspen City Council, "provided the proposed change is consistent with the approved plat". The applicants are requesting this type of amendment, instead of an insubstantial amendment, because the applicants want this application to go through the public review process, rather than obtain an administrative review. This application, which proposes the transfer of public open space to a private owner (with an equal transfer of private land to the City for open space) will also require a vote of the electorate. The applicants therefore want to initiate this land transfer through a land use application that is considered at a public hearing, rather than administratively, to ensure that the public is fully aware of this proposal. The applicants believe that the proposed change in the configuration of the lots will be consistent with the approved plat for the following reasons: 4 1. The Anderson Subdivision will continue to be composed of just two lots. No change in the number of approved lots is proposed. 2. The size of the two lots will also not be changed. 3. Lot 2 will continue to be accessed from S. Riverside Avenue and will still be limited to a single family residence developed along that street frontage. 4. Lot 1 will continue to be accessed from Highway 82 and will be developed as a City park along the bottomland of the Roaring Fork River. Beyond these fundamental similarities between the approved and proposed plat, the proposed change in the configuration of the lots will be of benefit to the community because it will enhance the planned development of Anderson Park. In addition, the relocation of Lot 2 will be of benefit to the community because it will move the lot further away from the floodplain of the Roaring Fork River. The recorded plat shows that the 100 year floodplain clips the lower corner of Lot 2. The relocated lot will be well above the floodplain and its building envelope is located more than 100' from the high water mark of the River (meaning its development will be exempt from Stream Margin Review), ensuring there will be no water quality or other environmental impacts upon the Roaring Fork River from the development of a single family residence on this lot. Conclusion We believe the above responses and the attached exhibits and figures provide the information you require to process this application. Please do not hesitate to contact us if there is anything else you need. Very trulyyours, AL Q-2-0 cs Brian Flynn Alan Richman, AICP Open Space and Special Projects Manager Alan Richman Planning Services 5 I el EXHIBIT #1 DEED OF TRUST THIS INDENTURE, made this 15~ day of September, 1999, between the CITY OF ASPEN, COLORADO, a Colorado Home Rule City, whose address is: 130 South Galena Street, Aspen, Colorado 81611, hereinafter referred to as ("GrantorD, and the Public Trustee of the County of Pitkin, State of Colorado, hereinafter referred to as ("Public Trustee"), WITNESSETH, THAT, WHEREAS, THE CITY OF ASPEN, COLORADO, a Colorado Home Rule City, has executed a Promissory Note, dated September 15, 1999, for the principal sum of Nine Hundred and Seventy Five Thousand ($975,000.00) Dollars, payable to the order of the A.W. Anderson and Edwin.Paul Anderson, as Trustees of the Hildur L. Anderson Trust Under That Certain Trust Agreement Made By Hildur L. Anderson In Instrument Dated July 12, 1978, The Hildur L. Anderson Trust, U/T/D July 12, 1978 As Amended, Albert W. Anderson and Edwin P. Anderson, Trustees, Albert W. Anderson, Judith L. Anderson, Edwin P. Anderson, Mary Ann Benhart, James R. Anderson, Cynthia A. Anderson, Brooke B. Anderson Irrevocable Trust dated November 28, 1995, James W. Anderson Irrevocable Trust dated November 28, 1995, Kelly D. Thompson Irrevocable Trust dated November 28, 1995, Julie B. Anderson IrrevocabIe Trust dated November 28, 1995, Alexa W. Anderson Irrevocable Trust dated November 28, 1995, Jason Tanker Anderson Irrevocable Trust dated December 28, 1995, and Kendra Margaret Nance Irrevocable Trust dated December 31,1996, whose address is: % Oates, Knezevich & Gardenswartz, P.C., 533 East Hopkins Avenue, Aspen, Colorado 81611, with interest at the rate of Six (6%) percent per annum payable $500,000.00 principal plus accrued unpaid interest on September 15, 2000, and $475,000.00 in principal plus accrued unpaid interest on September 15, 2001, AND WHEREAS, the Grantor is desirous of securing payment of the principal and interest of said Promissory Note in whose hands soever the said Note may be. NOW TIIEREFORE, the Grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said Public Trustee in trust forever, the following described property, situate in the County of Pitkin, State of Colorado, to Wit: Loty, Anderson Subdivision, City of Aspen, Pitkin County, Colorado Also known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust nevertheless, that in case of default in the payment of said Note or any part thereof, or in the payment of the interest thereon according to the tenor and effect of said Note, or in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained and may elect to advertise said property for sale, and demand such sale by filing a notice of election and demand for sale with the Public Trustee. Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a copy of the same to be recorded in the recorder's office of the county in which said property is situated. The Public Trustee shall then give public notice of the time and place of sale by advertisement to be published for four weeks (once each week for five successive weeks in some newspaper of general circulation at that time published in the county or counties in which said property is located. A copy of such notice shall be mailed within ten days after the date the date of the first publication thereof to the Grantor at the address given herein, to such persons appearing to have acquired a subsequent record interest in said property at the address given in the recorded instrument, and to any other persons as may be provided by law. lt shall and may then be lawful for the Public Trustee to sell said property for the highest and best price the same will bring in cash and to dispose of the same (en fl morse or in separate parcels, as the said Public Trustee may think best), together with all the right, title and interest of the Grantor therein, at public auction at any place as may be specified by statute and designed in the notice of sale. The Public Trustee shall make and give to the purchaser of such property at such sale, a certificate in writing containing: a description of such _. property purchased; the sum paid therefor; a statement that said purchaser shall be entitled to a deed therefor, unless the same shall be redeemed as is provided by law; and in the event of a continuance of tile sale, arecital that the sale was duly continued. The Public Trustee, shall, upon demand by the person holding the said certificate of purchase, when said demand is made or upon demand by the person entitled to a deed to the said property purchased. Said deed shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee and shall confirm the foreclosure sale and sell and convey to such person entitled to such deed, the property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the Grantor therein. The Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder or the legal holder of said Note, the principal and interest due on said Note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said Note for insurance, taxes and assessments, with interest thereon at Ten (10 %) percent per annum, rendering the overplus, if any, unto those persons entitled thereto as a matter of law. Said sale and said deed so made shall be a perpetual bar, both in law and equity, against the Grantor and all other persons claiming the said property, or any part thereof, by, from, through or under the Grantor. The holder of said Note may purchase and said property or any part thereof, and it shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. And the Grantor covenants and agrees to and with the Public Trustee, that at the time of the ensealing of and delivery of these presents he is well seized of the said land and tenements in fee simple, and good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said lands, tenements, and property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress, now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances whatever, except the lien for real property records for 1999, payable in 2000, and the above-bargained property in the quiet and peaceablepossession of the Public Trustee, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the Grantor shall and will Warrant and Forever Defend. Until payment in full of indebtedness, the Grantor shall timely pay all taxes and assessments levied on the property; any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any; and will keep all improvements that may be on said lands insured against any casualty loss, including extended coverage, in a company or companies meeting the net worth requirements of the beneficiary hereof in an amount which will yield to the holder of the indebtedness, after reduction by co-insurance provisions of the policy, if any, not less than the then total indebtedness. Each policy shall contain a loss payable clause naming the beneficiary as mortgagee and shall further provide that the insurance may not be canceled upon less than ten days written notice to the beneficiary. At the option of the beneficiary, the original policy or policies of insurance shall be delivered to the beneficiary as further security for the indebtedness. Should the Grantor fail to insure and deliver the policies or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any such payments or procure any such insurance, and all monies so paid with interest thereon at the rate of Ten (10%) percentper annum shall be added to and become a part of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the property if not paid by the Grantor. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to procure insurance or make any of the payments required by this paragraph. -2- C:\Data\Clients\Ar,demon, Hildur'DOT - Cily qf Aspen.,*d [f all or any part of the property or an interest therein is sold or trans ferred by the Grantor without beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, beneficiary may, at beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or transfer, beneficiary and the person to whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as beneficiary shall request. AND THAT IN CASE OF ANY DEFAULT whereby the right of foreclosure occurs hereunder, tile holder of said Note or certificate of purchase shall at once become entitled to tile possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be: and such possession shall at once be delivered to the holder of said Note or certificate of purchase on request, and on refusal, the delivery of such possession may be enforced by the holder of said Note or certificate of purchase by any appropriate civil suit or proceeding, and the holder of said Note or certificate of purchase, or any hereof, shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the Grantor or ofthe then owner ofsaid property and without regard to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice-notice being hereby expressly waived--and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to the law and the orders and directions of the court. AND, that in case of default in any of said payments of principal or interest, according to the tenor and effect ofsaid Promissory Note or any part thereof, or ofa breach or violation of any of the covenants or agreements herein, by the Grantor, then and in that case the whole of said principal sum hereby secured and the interest thereon to the time of the sale may at once, at the option of the legal holder thereof, become due and payable, and the said property be sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by tho~Public Trustee, reasonable attorney's fees for services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure proceedings. IT IS FURTHER UNDERSTOOD AND AGREED, that if a release of this deed of trust is required, the Grantor will pay the expense thereof, that all the covenants and agreements herein contained shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto; and that the s ingular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. EXECUTED this 15* day of September, 1999. THE CITY OF ASPEN, COLORADO, a - Colorado Home Rule City By: CEL'h·x L~1 21(6·101( tlt- 4< &6# js- J , 1999 C:\Dam\Cltenu\Andemon, HilduADOT - Cle of Aspen.wpd 1111111111111111111111111111111111111111111111111111111 435556 09/15/1999 02:53P DT DAVIS SILVI 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO ''. STATE OF COLORADO 2 ss. COUNTY OF PITKIN ~ The foregoing instrument was acknowledged before me this 15* day of September, 1999, by #lhy E. #~1*'€RUM , as (11~ IMAV#r,ED of The City of Aspen, Colorado, a Colorado Home Rule City. WITNESS MY HAND ANp OFFICIAL SEAL. My commission expires: 4135103 [Seal];€~~5.14.i.ky,~ L\ / t (. viwomr & 1 fu«- EGENS /3 Notary Public W ~ ~ .....?t n - r r,•· i: : 1111111111111111111111111111111111111111111111111111111 435556 09/15/1999 02:53P DT DAVIS SILVI 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO C:\Data\Clients\Anderson, Hildur\DOT - City of Amen.#pd EXHIBIT #2 QUIT CLAIM DEED The below-naniad GRANTOR hereby sells and quit claims to the below-named GRANTEE whatever interest GRANTOR may have in the real property described below with all its appurte- nances. The specific terms of this conveyance am: GRANTOR: ' Robert L. On GRANTEE: Robert L. Orr Family Partnership. L.L.L.P. 500 Patterson Road Grand Junction, CO 81506 TAX SCHEDULE NUMBER: 273718139002 PROPERTY DESCRIPTION: Lot 2, Anderson Subdivision, according to the recorded Amended Plat thereof in Plat Book 39 at page 101,¤ty of Aspen, Pitkin County, Colorado. CONSIDERATION: Less Than $500.00 Executed on &61 1 , 2001 GRANTOR: ~Ua--4.6-« Robert L. Orr STATE CP COLORADO ) ) SS. COUNTY OF MESA ) The foregoing instrument was acknowledged before me this \ day of %26.17 . 4]*60.1 p. ~''%. by Robert L. Orr. . I ..., 42. % -42~£1/~ A/t, I --~t¥-i e WITNESS my hand and official seal 10,-6 44 4+Vilb te .... : 5 My commission expires: O%-955--011 V - g- 1. ' a - Notary Public 2 1 0 '' .. 0. : ./ 4 0 1 , 461792 1111111 11111 lilli 111111111111111111111111 1111111111111 12/13/2001 02:53P Page: 1 of 1 SILVIA DAVIS PITKIN COUNTY CO R 5.00 D 0.00 EXHIBIT #3 Mr. Chris Bendon, Planning Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR ANDERSON SUBDIVISON PLAT AMENDMENT Dear Chris, The City of Aspen is the owner of Lot 1 of the Anderson Subdivision. I hereby authorize Brian Flynn of the City of Aspen Parks Department to submit an application to amend the plat for the Anderson Subdivision with respect to the configuration of Lot 1 and that of the adjoining Lot 2, which is owned by the Orr Family Partnership. Brian Flynn is authorized to submit this land use application on behalf of the City of Aspen and to represent the City in meetings with staff and the applicable decision-making bodies. Sincerely, Stephen Ellsperman, Parks and Open Space Director City of Aspen 585 Cemetery Lane Aspen, CO 81611 920-5120 EXHIBIT #4 Mr. Chris Bendon, Planning Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR ANDERSON SUBDIVISION PLAT AMENDMENT Dear Mr. Bendon, I am the owner of Lot 2 of the Anderson Subdivision. I hereby authorize the City of Aspen Parks Department to submit an application to amend the plat for the Anderson Subdivision with respect to the configuration of my lot and that of Lot 1, which is owned by the City. I also hereby authorize Alan Richman Planning Services to act as my designated representative with respect to this land use application. Alan Richman is authorized to represent me in meetings with City staff and with the applicable City review bodies. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerelr (Roir€AX £.dkru Robert Orr on behalf of The Orr Family Partnership 500 Patterson Road Grand Junction, CO 81596 970-243-1532 EXHIBIT #5 CIT F ASPEN PRE-APPLICATION CONFERENCE SUMMARY 'LANNER: Chris Bendon, 429.2765 DATE: 1/13/10 'ROJECT: Anderson Park Subdivision Amendment REPRESENTATIVE: Brian Flynn - City of Aspen Parks Department, owner of Lot #1 A Alan Richman - Dr. Orr, owner of Lot #2 TYPE OF APPLICATION: One Step - Subdivision Amendment by City Council. DESCRIPTION: The prospective Applicant would like to amend the boundaries of the parcels in a two-lot subdivision. The City and Dr. Orr own contiguous parcels the boundaries of which are proposed to be amended. This is an amendment consistent with the original approval in that no change to the uses, density, infrastructure demands, or general configuration are proposed. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.080.B Subdivision Amendment - Other, consistent with approved plat. Review by: - Staff for complete application - Referral agencies for technical considerations - Community Development Director for recommendation - City Council for final approval by Ordinance. Public Hearing: Yes, at City Council Planning Fees: $1,470. Deposit for 6 hours of stafftime. Total Deposit: $1,470 Staff time required above the initial 6 hours is billed at $245 per hour. Total Number of Application Copies: 2 Copies. A one-copy submission can be accepted for completion review. To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. ' 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner' s right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 11. A written description o f the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 12. Original subdivision plat and proposed plat. 13. All other materials required pursuant to the specific submittal requirements. )isclaimer: 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. .4 'r,44 4%24 . * 2 j '..' it¥:1 it 3 , 9 01*:1 J ' . 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F / 9 ' 9,.42' 4 2 " --I,/44' . 15- M ' i.~4 {~43 k - 4% 1 & ls-/-/¥4' .1 1 /1 *44 4 V 'JAif, r . /1 , ./ .*4 ./2-* ./.3.:. + 6 . 494 ./ . =m </ 1 1.Z ' i . t,n 6: i 1, _. 3. ,>? 4 % t %.7 , f : 67.96 44 --4 -/1#,7*. ..4 f a ' ' 4, . v-,, 1- .. - *=.g '42 Uf DI ill.••.,2.~. r -9 ¥ 44 4 h .... 4. , ' 4"93,1, .m"*.Ii • 4/64..9 v.·. i . - 44* t .rti c £6 791 j 5 1,1 1- - ///L.. . 2 -A 443 A- ~M £17 .* :4.20.4 ... ¢i .Ap. 9, .R- . $4.4 I .r *. 4 4 4.31 . |: #r * ~ '6,07 tz-fi,#fref, Y .*/ 4 Wfiwi 'fAL", F : . 44.L # 4 . 1 4 :,1#1- . , 1 1/f• 9 ™7% I. I 1 1 03 44. * Ii' 864. 4 9, FWki 4£4~:-4) 3, 4 I ''' DRAWING #2 M +41 19 .AA j '~·GA?3 -6.. i 4 , i i - 96.: 0- 1 r I ./ * k.. 24.42 i w.6. J 4 f . 1 -A ¥11. :A. ; 114#KI - 4 1 1 5 44/#,m . 4 2- r . . t. , AN E, 0N · ··04 i /3 4 R . 9#.. 4 A · J.* 1 ..tFrfF//0/num/.... Ove i . 't ..2/ 6.~ANK 9. 01% yillillillil' 1I.: / 1 . 40 . 9 0, ' I:.-El' ~.. 0101 . '94 4'4 lk. 1 , V. 4.- - 1 .- 57- .f ft . A 1 4, -41 4 -:11/ 1£ la 1~ 11 *1111 A 450%» E t: 3.11 . 02:,4 14,4 :Li; 7 #'' 4 - c~ #. . '.Ii-E< 4 · ' 4 1 -6 , 0 /£1 A/*~A , -Ill *I ..41 7 4 -. r. 7 -1 f AD , 44 #11.9 4 - .2 70$ . - I s • 7 . *2, FA,t--7. '44 0/.~9.W . Iii 7. A Ilt:.·:· ~ · 16/Wi. 5 4.7.- LOT 1 . j'-' fri.' ' . ' . 1 -3 0 < A. . 82* £ 6 . . 424¢~ I 'lia 1 9 1/1./."21 67 141 1 -EMFV..ali I ./A 1., IJT 2 ,./. ../.- ...4/40-2 / T, 4/"436// .3$~L }el 1-61. W-4 /1 4£71* 1 2 Y i 1- 61'fl al'.. -2 t 127=, b .,r, ., ,--4 t. 9 42 , 40 / N i / 1 0 25 50 Feet -/7 ~ 1 1 <¥, 2008 Orthophoto and 2 ft Topo S '012: ~ 1//5/ ' P. This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. :. tAAIRM'gmb'.1/I :~ Copyright 2010 As kin GIS DRAWING #3 UL~DY,4[Pow 1177582 B M p toi NG.,_12/Aral._11£/waleekEZE FIRS-i AMENDED PLAT OF THE ANDERSON SUBDIVISION COOPER f 8 ° » AVE QEs 4,4, C°£ °eA o 77«~42- *'v Sook /74~~arkre DI€<GlHAL FLAT KECORDED IN PLAT [900* B A-r »462 912. 4-fl ' & 8 ,./7 /AGE H»>: ..f 479 82 OWNERS CERTIFICATE 2 KNOW ALL HEN EW THEatz FRE©ENTS THAT ALBERT W 6 79*09'00 + lu 3/ /3 1 LEE ----Ultatte - -- r -- -- -- 1 -, 5 DEFNED AND DESCRIBED IN PLAT BOOK 8 AT F- 61 • OT--4..... ANDEr€50N. Et76/IN FAUL APJ{DEREON, AND RDE€RT L ORR, AS .-;87.ec'~ ALL -1-105 OWNEIS 0- THE ANC)ERSON 505131·ABION AS 51)0H 38: / f ./t 1 6 OF THE FEaDRDS Cf' THE F>ITKIN aDUNT¥ CLERK 4 REaDiREEK, 2 5CALE 111 - 20' AliENDED FLAT Ce THE ANDERSON OUDDIVIDION if 7 :.Ifi :.1 - FITKIN 0.-NT-r, COLDKADO, HEREBY FUBLISH THIS FIRaT 4 84919 CF BEARING · U.9.C t G.9 f.:k·,4.1 tit#9,2%651*1741 £ A 10 f- 4 -4 i a©*p:¥-F. C./Le. 157~ 1// 1 419-f~/ LED ell»- -- 0 1 31 1 2- 1 ff L 2 ALBERT W. ANDERSON i *21 r ..4 1 4 / 0.2 A: 1% i gle . P ,\0) 0 b #, 774*rri '. 7 ' 1 O,4.-,-~ tile. 01 @L,Ake- .1 / 55 -g .4 1. 1. 1 EDWIN MUL ANDERZON i / 1 d.,_··3 .i 6 , 1©DeRT L. ORR · ' .. 980=gl~UF~ , 5NATE OF / 0%34...,- '~ *993124"JjtI. - CCUNTY OFF ~-43:73/J~.., DO O ¢ 1 ; 92: 04 -9\5_11__EM ae ,1995, -015 FOREGOI NG INSROHENT ?AD -ACKNOM-EDGED SEFFORE A ~ ~L-n,U \Ii ra// Ir, - 1-,1 lats M AGOON W RACERSON. 7 V///A MTINESS H¥ HAND AND OFFICIAL 554 .. A v 54@f< 1 *prn url¥ RA fi 44*UT"/IR V70.29/ A t, 4 1 4, * : . il MY CON+115©loN EXPIRre £7·/1/ *9 ·, / 4 - . ----N ///t-/t)ff/// -0 ~- -4/ r . FOUNZ) 16 2«7-0-- 5TATE Or 8,6. ca ' 1 r- -C ./©/.22,314-0,/ , .tr , NOTARY pue:Lit' · - 7 1··: 4 4 ' t O€G/NAL 606[)1116101 St-*WET' VICINITY MAP v 9 ./954 25#CASS CAR 1 000150( a= 14. AG.... 1 buL- 1 ·j IC COR.WEI< M). 5. RIVERSIDE THE FOREGOING NSTRUMENT '6645 ACKNOM..50550 BEFORE He, 9 - i w MACER, 68 3905 AM ON TH15 -12.1 DAY OF /1, -« . Ill*er ./ . 1 r qi EDWIN PAUL ANDERSON. J 4. 1 . .24· p ... Gmet-0 : 1 CLIY ENGINEER'S APPROVAL 4 PO LOT· -1 P: t . T THE CITY ENGINEER FOR THE CITY' CF ADrt:N, CD!(DDOD, DC)55 WITNESS HY HAND AND CrFICVAL 552\L I. 251, Ac.Rpe t , f Of G HEREDY AFFROVE TH15 FIRST AHEN[JED FLAT OF THE MY ODHHISSION EXFIRFS /1-/4-9 9 e f...0 J .1, 1 1 81-4 £ 24% 12'(1... f I ....uy' NPER@ON 50DDIVIDION 2 NYTARY' 1*JDLIC ' ' r p,<TE: 341% 27 1994 , FOACITY KHGINEEF. 5-Are OF= 1 , COOKEY OF V ~ DC ,DEKT L. ORR. : THE POREGOING INSTRUHENT '0,445 .<KNOMUYDGED 20oRE 9 . ME CN THIS -11- DA¥ OF , 191» m t. 5*|i 6 vATNESS HY HAND AND Cf=FIC]AL SEAL. 18 3 61 ,£ ; F. COMMUNITY DEVELOPMENT MY COH>11900.) ft>(FIRre ··p- 1,_ ' J 2 2 i :0 f 7 ·0 / 6 1 - 109 90' , 4 - DIRECTOR APPROVAL N 44.33'51-E 4. 1 9 < 4 ~ p i -" 1 , 3/-,P· -IME OOMMUNETX DEVELOPMENT AKECTOK rot ME bul)*Y FLJOUC 6- Cl-TY OF ASPEN, COLOIE:AUD. FO,Zt) HEgrE·£34 AFFIKOVE _L_£'suiLL,_Un..U·52-24-- 0 ~(Il 4/1411 lult© Fles-r AMET+PED Fl./fT OF- THE ANDEE.SON ex)5[>IV[·DION. 49 4 C SURVEYOR'S CERTIFICATE 1, JAHES F. RESER, HERWY CERTIFY 7HAT ON 300.0 sf 0 . DATE :1,69wu- 194 .. 0 3/ :4 444 . ' CbMMUArrY' PEVEL-OrMENT 1995, A SURVEY WAD FeRFUKHED UNDER HY SUPERVISION e .1 ,- i OffECTOI~ CJF THE F'ROVERTY SHE)¥, AND DESCREED HEREDN, THAT THE SURVEY *9 PERFORMED IN ACCORDANCE MTH · el .~~~ ~LOT 2 /' 6,/ < . *LE,mAOO REVIDED DTATUTE© 1734 TITLE 38, ARTIC[25 51.45 C 1 / 9 1-9 2 37, 6' 440 0140 .ACIrire / y y ~ PENERAL NOTE '. Fr -5'9 01 b/- ~4- NOTES AMEN ED FROM 1-)HE JE) 77 ~14 AND THAT THE DE«*IPTION - -- - - --- CLODES TO WITHIN 1 10,000. ALL 5.DEFIENT© OF REU/RD ty r 'BH!© F:Fel-,44[NDED FLAT OFTHE *IDERSOkl 1. FITKIN COUNTY TITLE, INC CASE No FCT-9996 *$45 UBED PURSUANT 11) FITKINI COUN17 TITLE, INC. 195 No FET- 9998 ·OUBDIVISION 15 REEORDED IN THE FREFARATION OF THIS SURVE¥ 07·15·15). AND IN EVIDENCE OR KNOWN 33 MIr /\RE SHOWI·J M 5 0 5 2. UTILITY LINE INFORMATION PROVIDED BYOTHele. (1 f F Ab TO MIOVE-- LOT 2 TO THE NORD-1 50 THAT I r 3. ©EE FOOK 755 AT F*35 801 FOR LOT UNE ADJUSTMENT 2 i ' f le> NO LOKI<*Awl THIN THEUTILITT-AND AND BEWEE LINE AdREEHENT b ?p Q 4 ZONE PLOTKICT : R · 4 . 91 1,9 F.24/1 - U 06 . 1 ACCE€05 EAED€MENT LOCATED 50UTH oF 5. AblY PEVELOPMENT MTHIN 7116 <03 7'B- FLCOPPLAjoi ·· ' ~ ~ry '~ ~. 1 %/1. 03 IKE1DCATED LOT 2. THE eOUTH UNE OF LOT 2 CK W \TMIN MD F-T. CE -TtlE ME.,AN HIG!-1 W€1-Ert- LINEL " WARD VIOVED 20 FEET TOTHEMIC)!KII-Ii THE CZF KOAf€lhts F-Ole.K- EVELFi KERUt'F:ES) STKn/+1 1*ROI hi ALFINE SURVEYA INC erL . /*du*U> / f I * 54 h.1019-4 LOT UNE ¥645 h,109/ED APPROC·MATELY' IZEVIEN. 0 44 €-,21-1 .94 mp,r AreeR, 4.5.4184 /1 12 fEET TO THE t···KXrk-1, O .. 7 22 4. 1 E.(X*+1- Far o /,-e q i a:, 2) TD . 0001 fr THE Un LITY ANC> ACLE€E> 2 1/8 UTILITY 0 TITLE CERIIFICATE - p *EA 2' IT i51409/Order Fal< THE IDENEF tr OF LOT 1, hl/0/0 .... 2 k e 4 2 / EA©EMENT LOWED SOUTH OF lOT 2 50 THAT I, VICENT J MIGEPO. F>Ret>fOEINT- OF FITAN COUNT·f er -Na 1-11-LE, IND. AD MIER.ED¢ CE-l<Tter -THAI I t-t•ME CAUDEP 4/t',0/ G J ANDEFaOH SUBDIVIDION, AND 51 E)04/111+VICN -ID BE 6/0~OE 019 -IHE K.EGAL WOrMI¥ 4 HEREIN 7/55(Blt,r.7 /442 D/VDEP ON TMACI- EXAMILIXTION NZE:50 R /Ft,uNC': c r C (3 TO EXTEND A DEWEREADEMENT FNOM goDERT 1.-· Rafe CONSTITUTE -THE Y-BE DIMPLE OWIHEB 76.3,4•. / ALDERT P¥ AN[715,2014, E.PWIN 15*UL »IPE,le©N Alp P.4 ~ 15. 4 104- fouNP' c r.c·.4.9 -0 - HIGHWAY 62 To Lai 2. or- FBCOKO or THE KEAL_ FfKOF,-RJV Ham,EW OESCM-IDEU CLERK & RECORDER'S ACCEPTANCE . /44[t EXCILFT AE, NOTED 011 -TH 19 11,< *Al p INT-EAE.9-1- 71-115 FIF?51- »·MENDED,FLAT (7 THE ANCERBON 502«VIDION - R. 793 53' 11-IC FIST AMENDED FLAT ALSO DEFICT© 19 rKE-E AND CLELAA OF-ALL LIEND /\MP ENCotvlt:,K»;Cfftt 19 ACCEPTED FOR FILING IN THIZ OFFICE a: THE CLERK a,,. - PE E>.1*T:ING :PleIVEWAr AND EXEin-NG REaDRDER (DY FITKIN COL)Wrr, CDLORACC) al, T-HID _64£F# BUILDING® ON LOT- 1. PATE, t 1 '>~6, ' e ,; 1911£. [?AY. OF i ! uK 9.A , 211!0 itP FLAT BOOK 5 M AT F5*bE FITKIN COUNTY TITLE, INC, -».L~ AS ·RE€~PTIOR \lo 14 + 5! 4 1 A COLOKADED COIKMAT{04. / dt.4 0069 44- 154' 2 · CLERK f RECORDER VINCENT ..3 H 16{LKID FRE©{PIE.qu-. b.\< 3 NOTICE Accoiding/Coliadol. yourn=commanceanylogulactlonbased Alpine Surveys, Inc. Surveyed Revisions ¢5·6·10 Title Al©DIVI5!ON AMENDMENT Job No 15-43 upon an, defect ~ IM su~e, wi,hin thres,ears aller you Ii,st·disco~ such dole' In no event may any acllon bagedupon any delect In th6 su-y be co.nmenced Drafted 6 99 ER 5,2-1·96 GENX€L NOTE. Client ORR more tha~ len years liom th, date 01 Ine Cen,!~Cal~on ShoWn heraon Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 DRAWING #4 1 ~~- J. A , lilli . - 4. : Fl ~ 6 1 2 ry %& M a =-6/14 ' € r I A: . C 9. I 33 1 f - 3 54 » 4*. 03*& i , I .4 ·A - F .. I _ 6·; : - -- 44' I A . , 2% /4. el 4 + 2. · i ....0/WY. I , 2, 4 - .10% 4 ....'/'f.L A <rjm 4.615* ** 10¥71 f * e . . 1 * 4 • U.i £ , , .: 0 * t '* ./ 1115.4 f . ; -=: M %41: , -, I.- .1.-- . 46, f:4*,/ -1 I. f .. 5 · 4. 4 0 4 p. : *4 y. 1 ~"~ » 1~ 0* , I K ·i # . I./. · i & + A. ·A . -#. 4. 4 0, . 8I AERIAL OF EXISTING LOT 2 D.vs\54- THE CITY OF AsPEN DRAWING #5 . / 4, - 04 - 1, 4 , I I I 4 3 216 , 4< .5.» I - -/ 0 -I .- '74 , , ./ ix 11 * I .*%4 - -4.. 1 - -£.. /4 1,/ I. .. I 4¥f - 1 4 •.f . 0* *' 490~* I . -,0- *49. 3.1#~&j~* 1 4,0. r.u...: · r .e ..· r " $/ 5 A 111 k-. 2+0 - - 2 %41/ · - VIEW OF IMPACT & ENCROACHMENT OF LOT 2 bnwa pfjs THE CITY OF AspEN INTO PARK SPACE DRAWING #6 n, W, .. *4.71 Al#* + 3 'r- t. , .. - i . 4 . f , ... .. , /* .Ji . ' - 4 ./ 2 X- e. Y : :It- . , , + -:- I . , 4 . 7. . lip - . t. . I * .. . 4. ¥, 3-91 + . I . .QU 2 4 • •*r 111 I - h jil: . ic #ir ' 'ur=- i„ 1 . ./ r- - ~~ 7 9 I terP'~FE·?A~~a-~ a ...r, 1-, 1 .- -,2*120 - I- 2 Lina 9 f *' £. , -..-0,„ 5# 1 2 * a * 1**1Ul... .-*N,~ 4==~MR» ..'/* )-Ill.--.I--Il.-il -4.... 73*~ /'ll# 4 ** 1 %8¢16.1. * 64, - ARL - h. : :4=*.I'"' *el i >N 4 -I 11 , 1'.9.1 1»04; G VIEW OF IMPACT & ENCROACHMENT OF LOT 2 THE CITY OF ASPEN INTO PARK SPACE DRAWING #7 ' ' 14. 4 . , ''< 9, 4.'. 0-,f i -4 I , y 4 1. ; 4 », . *24 a-*, #U f,# &1 , 4 I. ...4 - 4 :96, ,•f , ...' A v .4 ./ . . . I I . 1.S I I - £ 4 , . I ' .. 4 . 2 - 4¢f : . . 2-4.*. 1 .. 7 I ¥ --I.'-I .21>/97ep·>m~ · g *t -·G 1. I . ii ~ ·· *44* 1. . 4' ~I -•4~•. 41~ki- »,1.1 p - 0 2 t./i#. R. ..I J - - d.2 k ** r :-- . 4 4- - 41 € - 48 ...N -*-I- b a.'* 4 Ie°·Kt'* ~' £ /.../.- VIEW TOWARD CABINS - ENCROACHMENT OF h.9- THE CITY OF ASPEN LOT 2 INTO PARK SPACE ...144 DRAWING #8 UA# ir .- 26 0 . 2 4 * i. 1 ~..... ../. 1. ** ' -1, .* 2115// 1 .4 7 43*, 4 2 1 4..# Arid *944 Le- 0%r f f:/ 1 . t€ ).3/ -|I =2~' . b ¢ * . r 09·· h. I .4 4 . 1 , 0 ' g he + A 4% 44* .. . 7 1 4. 14 y 4 44. ¥ ./9 41.54 f %1.4 %' '4 0 4 I . *4 d.- f f ' 1 . 1. . . - ..9,i- i .' Ar ,4, 4 ~ -.. : h -I #¥~6 ' 6- 6/ 4 % . r 6 14 I ¥ ./ -14 - LD: ' I. 1 2 0 . W. I:=17 *f i¢WIt * It A 1 71.1 4~. *; I .4 - 41./ ,/ A. 2 2 42 V.. , 41&' a .- I M -%43-9 ..2.. i 0. * 1 e t. 3 14 + 0 4 € - I *4 ' 1 1 3, 4 * AERIAL OF PROPOSED LOT LINE ADJUSTMENT brggf THE CA oF AspEN DRAWING #9 0 <,4. i . 0 - f fr 9 -- ~-3 ' r/2/» $, .'t 6 -4 h 0.-- I 40 91 94101.. U. %93.1 1 ¥'r i i \, -- I .DI. . r *473 * 6 0 -0 a N - - . 78*%@t 4.- EG Il'/'*,pF ..Z-/*&. ). ' # ,»3*~Ke~~ -:e $'-;*i#~' * 3.2 ' *%.*:IW~*' Ift .4- ...1 20£ . --J= - VIEW OF PARK SPACE NOT IMPACT BY PROPOSED LOT b/*u),9 THE CITY OF ASPEN DRAWING #10 .. *1 - # 4: 1 1 ~89/4#3. : U . .2%g- 7-,7 - '47. . -0 - - :4*74 6 . . 4-F - - 134'iff '. I 1.-I € ' -•, 29fl.,d 1 - .4 3 .. 1 t. .... 6 A ' ¢495 i@1~Ji-- *fi- .-a 4.... & 1T6i-'. Fac *- -1. -.. . ' 4 -1.... . 1 Cf - I . .. . I p 1-bu'., 474~ I W .de.* ./ -1 -1 - ......1 - . ..99,6.%.11:=t. 11.- 1 -- 42~'.~ ' 14-.... .. 2%577% /f ./*=~: .......4 - S..i@- t. 4. 4 51'l./.a/'* 1 --.t f, h . -1 1 3.- 7,9.... . 7.- 1, .. + . A = ..1 +~17 2% - . - ... '....i%-6.. -... 3 - Y A - * :- 90 ' 4».I-· ~ £ , b ·j 1,*f + . St/ . .p 34-7.- *7 - 4 ~D¥» 14 €335!/* - '14*_ --Nitik•,: 1 ~~ VIEW OF PARK SPACE NOT IMPACT BY PROPOSED LOT bmnibIo THE CITY OF ASPEN DRAWING #11 ... 49.21.4 - 1443€ M J..44 . 5/ I . 4- 4 2 ,~-4 . V,>4~:: .4~&+ . :% 41 . A .7.1 g , - y - . / t ..9 I. I. t. I - - .2:, 'r , .4. . ' . a \ .1 . . ' -. ' .11*... 44 /1 A , 9 4 I 01 . 1: - .. i.r ' - 4 4. . 4 I 4 . , ..' ... Al *C 2 m~ il' r - ..f . .. t -3 2-Et,~6. >.31*:3...$1...--F ~ e€%9 ·9* 22- fr~~ *il- % 7 1.- 1 ... J ./ .·• ,-0.., I . - 1 - -li 1 -11 , ~' ...'r *fLi, £& - 0-=< 11:ilf,billir. 148 '*47 1/'ll/~FY'/1.ZI- - 4........'.-I , ...42 : 440.6.. 4:I t. t / AS te %" - ~ $. :.:j ? " -~~- VIEW TOWARDS CABINS - ORIGINAL LOT SHOWN blmot) i \ THE CITY OF ASPEN & IMPACTS OF PROPOSED LOT 49 t. , DRAWING #12 PROPOSED ANDERSON SUBDIVISION PLAT AMENDMENT . '.1 12 4 e - :.39509· ' 72-tif ..,&./.- 1 +1 'll= m- . 7 *PWK' 82 42' h -1 *NOG/6 1 3 -r; . ,-- . „ . -„ 3 4 4/k / r 6. 1.- t.--45/.1 t. I . V.,1 ..: p --# -1 -2,6 PROJECT NO: ORR t. I I DRAWN BY: St 1 -- f#.. ~- ' CHECKED BY: ss li, 1- #fik C - ISSUE DATE: 3, ANBERSON ''" /0 - 7/23/2010 11·27 AM COPYRIGHT©RSA 2010 . f: 2 F'##FLY&111 *ud Hn ~i ..g-*r-9/#~f ...- 0,795(- J 9 , , 4:2. 1.1 +~ MY> •f j *i· . .e. U~ f * ·t · I 0 ..11 3<•= *it 1 Et :*.r I / ip I i, 71 0 ..#:. 1/ . I.'*24. ' I ... 87. 1 >L " ' .r: Iall":1110 . al ./1 A.., C ,: t. . .7, . ...f I. C - . 1. ': 6 1 6 4< 19 W N ' 51*- •a kt P.M. G , t. . t Jl.i. r %40 '94 . 4 11'*1 34 4% L , t.: .. :149 -1 t 11€9*z I j, i ':t, - - J 11 71* I 1. El f ·" % • 1 - 411 ~ impid o --4 * Z laium *8 - t ) . # 4~:ki. 4 '' ¥ --11 U I... - 3. B .40, ill -Ii gal 42 * 3% L , 4 1-U - - 9.49 1%*, 4 , *f I . OUE- dll 4 . e ge ma 00 *C 't' ·F Ul 14 7.4 e L. ':'flip li--- 1,/1.'-f-- 22,~1.-. 1 1 : ~ I I.'al ~ ' + 21- 004 •,/ 7:2 2 . - A *,4.> co /:' ~ i Ji<,n,0,#,A , 1 V t ..44~. - % .5 I * < 1 4/al.# -·-454.-~i·- -6'77 . m t. 4 1.1 64 - . m*1**i:~/1...3 7 ....4 4 4. 14/B/WE//v1 AJ~. R~-4 Uff:= A. 4~, e. 4 .. .. 4 .. ./imm.-!E? A ..ly'* '' :..' £ I -I'* 41,9,1 1~11Ej ~~ 4.- RENO · SMITH 404 / r 0'viw. ·ARCHITECTS· . 101 A ./ LLC 7960 605 WEIT MAIN STREET SUITE 002 ASPEN. COLORADO 81611 (970) 92/5968 . - FAX (970) 92S-5993 *10 371 SOLTHSIDE AVE 0 25 50 der . -4 . I.1.9 BASALT, COLORADO ~f~ 1 1 WE 81621 = - =- -9 r e~l ¥ Feet (970) 927-6834 S FAX (970) 927-6840 a'. 2008 Orthophoto and 2 ft Topo WEB SITE 5944 ~. ~TIN~~=~ ~~ representation. The accuracy may change . This map/drawing/image is a graphical representation "win.re"smith.com EMAILADDRESS of the features depicted and is not a legal ornce@renosmith. com .. depending on the enlargement or reduction. Copyright 2010 Aspen/Pitkin GIS boAO\-2- NOSMaaNV INGIWCAIGIJAI THE CITY oF ASPEN Land Use Application Determination of Completeness Date: September 29.2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0054.2010.ASLU -Anderson Subdivision Amendment. -E~j Your Land Use Application is incomplete: / We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) A draft plat created by a surveyor. We also need a site survey with topography to determine floor area for both lots and if slope reduction affects either proposed lot. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. U Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. TN~Rk You,-933 () C j»411/ h}efinifer P141#, Deputy Director City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes___ No_*2 Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes- No__21 Commercial E.P.F. Rwt,4.n: Lot- Q 2737- 18439- go t Ut© 27'37-IE -39-Dc)2 0 054.2-0 C D ·ASLU ' ' 91'llj !~ -: Ble Edit Record Navigate FQrm Reports Format Iab Be# 118@ * 0 /2 4 G "li Q] ® _1 2 d' Ili N 4 / ,J J ZI i lump ~jil *1 i O lei Ii.9 6 4~ c. @1 i 3 ti ® J 3 0 0/gH 4-3 1 4 3 J 9 41 ju ~ . Fea- ~ Fee Summarl ~ Actions | Attachments <Routing t!jstory | Yaluation | Arch/Eng | Custom Fields | Sub termits | Parce!$ 1 4 & ~ Permit type aslu ~0 Aspen Land Use Permit # 00542010ASLU - :L~ ~ Address 1101 E COOPER AVE ··· Apt/5uite ANDERSON SUBDIVISION | P City ASPEN State F~.l Zip 81611 ··· Permit Information Master permt ... Routing queue ~Iu07 Applied 9/230010 Project - Status )elurg Approved 4 Description SUBDIVISION AMENDMENT - CONSISTENT WITH APPROVED PLAT Issued ~ Anal 1 .1 j Submitted BRIAN FLYNN 429 2035 Clock ~EA;6-| Days [---6| Expires 9/18t2011 . Submitted via 1 7 Owner .4 Last name |ORR DR ROBERT L ··· First name 1 500 PATTERSON RD GRAND JUNCTION CO 81506 Phone ~ 1 - Address Applicant Il Owner is applicant? Il Contractor is applicant? Last name CITY OF ASPEN 2 ··· First name |OTY PARKS / 130 S GALENA ST Et. ,?. ASPEN CO 81611 Phone i-i"~-~ 28198 - Address 1 014 ;E Lender 51.- 1 Fff , Last name ·· First name 2>f,4 I Phone () - Address ~ 591 ~ Displays the pemitlender's addess AspenGold5 [server] angelas Edit 1 of 1 .:i 60- £ 5 %64 C Av»r- 4 \ j 4--? D 1 2'»c Cylo E,U-Lzfktt '264 lo Ov, 60, Ic Suff- 6:- --rdiaN 90!nalf-;61°011 S