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HomeMy WebLinkAboutLand Use Case.675 S Alps Rd.0026.2012.ASLU THE CITY CAF ASPEN City of Aspen Community Development Department CASE NUMBER 0026.2012.ASLU PARCEL ID NUMBERS 2737 18 6001 PROJECTS ADDRESS 675 S. ALPS ROAD PLANNER JESSICA GARROW CASE DESCRIPTION 8040 GREENLINE EXEMPTION REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 8.3.12 CLOSED BY ANGELA SCOREY ON: 12.5.12 LAW OFFICES MANSON KARBANK BURKE AN ASSOCIATION OF PROFESSIONAL CORPORATIONS NEIL D.KARBANK, P.C. 604 WEST MAIN KANSAS CITY OFFICE DIRECT DIAL 970.920.2899 ASPEN,COLORADO 81611.1619 1200 MAIN STREET,39TH FLOOR ADMITTED IN COLORADO TEL 970-920.2899 KANSAS CITY,MISSOURI 64105.2100 MISSOURI AND NEW YORK FAX 970.920-2895 _ e-mail:neilkarbQcomcast.net JOHNSON COUNTY OFFICE August 7 2013 84 CORPORATE WOODS g o 10801 MASTIN,SUITE 430 OVERLAND PARK,KANSAS 66210.1669 BY HAND Debbie Quinn, Esquire Assistant City Attorney City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Indemnification and Land Use Process Agreement, dated as of December 5, 2012), between Icie Jackson LLC, a Colorado limited liability company ("Icie Jackson"), and the City of Aspen, Colorado (the "City"), concerning 675 South Alps Road, Aspen, Colorado (the "Property") Dear Debbie, I have enclosed two counterparts of the Amendment to Indemnification and Land Use Process Agreement, between Icie Jackson and the City, concerning the Property, both of which I have signed on behalf of Icie Jackson. Other than changing the July date to August, I have made no changes whatever to the agreement. I would appreciate it if you could have both counterparts signed on the City's behalf and then let me know when I can pick up one counterpart. Thanks so much for your time and assistance on this, and please call, of course, if you have any questions concerning this matter. Very truly yours, MANSON KARBANK BURKE By Neil D. Karbank, P.C. By: -- Neil 15. Karbank enclosures cc: Mr. Alan Richman AMENDMENT TO INDEMNIFCATION AND LAND USE PROCESS AGREEMENT THIS AGREEMENT is made as of August Llv, 2013 (this "Amendment"), by and between ICIE JACKSON LLC, a Colorado limited liability company having an address c/o Manson Karbank Burke, 604 West Main Street, Aspen, Colorado 81611 ("Owner"), and THE CITY OF ASPEN, a Colorado Home Rule Municipality (the "City"), W-I-T-N-E-S-S-E-T-H: WHEREAS, Owner and the City entered into that certain Indemnification and Land Use Process Agreement, dated as of December 5, 2012 (the "Agreement"), concerning property located at 675 South Alps Road, Aspen Colorado (the "Property"); and WHEREAS, the Agreement provides, among other things, that Owner shall undertake and complete work to fulfill the "Tetra Tech Recommendation", as defined in the Agreement, concerning the Property; and WHEREAS, Section 3 of the Agreement provides that the deadline for undertaking and completing the Tetra Tech Recommendation is December 5, 2013, and owing to the time necessary to complete the land use process described in the Agreement and to fulfill the City's requirements for obtaining a building permit for performing the work on the Property which Owner desires, such deadline is unworkable; and WHEREAS, Owner has requested additional time to undertake and complete the Tetra Tech Recommendation, and the City is willing to grant such additional time. NOW, THEREFORE, in consideration of the mutual covenants contained herein, Owner and the City hereby agree as follows: 1. Extension of Deadline for Tetra Tech Recommendation. The deadline for fulfilling the Tetra Tech Recommendation is hereby extended to September 30, 2014, 2. Ratification of Agreement. Except as modified by this Amendment, all of the terms and conditions of the Agreement remain unmodified and are in full force and effect. 8.7.13 mkb Amendment to Indemnification and Land Use Process Agreement Page 2 3. Counterparts; Facsimile Execution and Delivery. This Amendment may be executed in several counterparts, each of which shall be deemed an original. Such counterparts shall constitute but one and the same instrument. This Amendment may be executed and delivered by the electronic transmission of facsimile signatures, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above-written. ICIE JACKSON LLC Neil D. Karbank, an authorized agent Approv as to Form By: -' Ja es R. True, City Attorney THE CITY OF ASPEN, COLORADO By: Date: City Mana r DEVELOPMENT ORDER of the 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. South Alms Rd LLC and Icie Jackson LLC 604 W Main St Aspen CO 81611 Property Owner's Name, Mailing Address Lots 1 & 2 Moses Lot Split Aspen CO; commonly known as 605 & 675 S Alps Road Legal Description and Street Address of Subject Property 8040 Greenling exemption to add a gate to Lot 2 and to relocate some trees currently along the property line of Lots 1 and 2 to Lot I Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Community Development Department for a 8040 Greenling Exemption; received 05/22/2012 and signed for approval 05/22/2012 Land Use Approvals) Received and Dates (Attach Final Ordinances or Resolutions) May 31 2012 Effective Date of Development Order (Same as date ofpublication of notice of approval.) May 31 2015 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26308.010 of the City of Aspen Municipal Code.) Issu is 22"d day of May,2010, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director NOTICE OF APPROVAL For 8040 Greenline Exemption at 605 & 675 S Alps Road, Legally Described as Lots 1 & 2, Moses Lot Split,Aspen, CO Parcel ID No. 2737-182-56-003 and 2737-182-56-001 APPLICANT: South Alps Rd. LLC and Icie Jackson LLC REPRESENTATIVE: Alan Richman, Alan Richman Planning Services SUBJECT & SITE OF AMENDMENT: 8040 Greenline Exemption for Lots 1 & 2 of the Moses Lot Split, commonly known as 605 and 675 South Alps Road, involving the construction of a gate and the relocation of trees. The applicant is requesting a 8040 Greenline Exemption, pursuant to Land Use Code Section26.435.030.13 SUMMARY: The Applicant has requested a 8040 Greenline exemption to add a gate to Lot 2 and to relocate some trees currently along the property line of Lots 1 and 2 to Lot 1. The Moses Lot Split has undergone a number of planning reviews, and has a building envelope. Over the years various structures, including walls, fences, decks, etc, have been located outside of the building envelope toward South Alps Road. The envelope seems to have been created to ensure the mountain-side of the properties remains preserved and relatively untouched. The proposed gate is located along the property line on the driveway, and very near South Alps Road. The applicant has requested the gate to help better delineate the property from the Aspen Alps. Lot 2 is uniquely situated on the road such that visitors to the Aspen Alps will walk onto the property and into the house thinking that it is the front desk. The gate is located in a manner to provide a clear definition between the public realm and the private residence. This is a unique situation that is not seen in any other property in town. The gate is proposed to be no more than 42 inches in height. The proposed tree location has been reviewed by the Parks Department and will enable a better spacing of the trees to ensure their health. STAFF EVALUATION: Staff finds that the request meets the requirements of a 8040 Greenline Exemption. No trees are proposed to be removed from the site — they are proposed to be moved within the development and will be better spaced to ensure their health. The proposal to transplant trees has been approved by the Park Department. No floor area is added to the property. The applicant proposes a gate along the driveway, which is not counted in floor area. DECISION: The Community Development Director finds the 8040 Greenline Exemption to add a gate to Lot 2 and relocate trees to Lot 1 as noted above and in Exhibit `B' is consistent with the review criteria (Exhibit A) and thereby,APPROVES the exemption as specified below. RECEPTION#: 589335, 05/24/2012 at 03:29:19 PM, 1 OF 3, R $21.00 Doc Code APPROVAL Janice K.Vos Caudill, Pitkin County, CO pg. 1of 3 The approved 8040 Greenline Exemption to 605 and 675 S Alps Road, allows for the transplanting of existing trees from the lot line between Lots 1 & 2 to Lot 1, and a new gate of no more than 42 inches and updated landscaping on Lot 2 along S. Alps Road. APP Y BY: Chr' endon Date Community Development Director Attachments: Exhibit A—Review Standards Exhibit B - Approved Plans Exhibit A-Review Criteria and Staff Findings 8040 Greenline Review Exemption: Sec. 26.435.030.B The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 Greenline development if the following standards are met: 1. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25%); and Staff finds this standard is met. There is no floor area proposed with this application 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and The proposal will not remove any trees from the site. All the trees are being relocated within the development in a manner that will better ensure their survival with proper spacing. Staff finds this standard to be met. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. The proposal involves the relocation of trees and a new gate of no more than 42 inches in height. This application will not result in increased erosion or sedimentation. Staff finds this standard to be met. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. Staff finds this standard to be met. pg. tot'3 i r � � I ExiibI I \ I I g. � I 1 10'B&B r91 `x'04 1 f f / ubert' 1 o os 3"clump B&B R Q �. Proposed / o 14 14'-17'B Gate— &B I aMw�,� / II 1 I / Exis ing I I Plantings TOP to SLOPE / Rem�iq I LO \ \ ' 675 S.Alps Road Lot Z �. / � O 6 O O \ 605 S.Alps Road II Transplanted spruce to be \fie/ 10' off' property line and spaced 18'apart. I / AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) 1, �Q rte- =----7 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen 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 of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing"Affidavit of Notice" was acknowledged before me this S1 day of _ o , 2012;by �c WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is he4by given to the general public of the My commission expires: 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,pertain- f ing to the following legally described property:Lots 1&2,Moses Lot Split,Aspen,CO,the property commonly known as 605 and 675 South Alps Road Notary Public by order of the City of Aspen Community Develop- ment Department on May 22,2012. The Applicant received approval for a 8040 Greenline Exemption related to the construction of a gate and relocation of trees. For further information contact Jessica Garrow,at the City of Aspen Community Develop- ment Dept.130 S.Galena St,Aspen,Colorado ATTACHMENTS (970)429-2780. s/City of Aspen Publish in The Aspen Times on May 31,2012 COPY OF THE PUBLICATION [7949499] F seV.Ae� Fax 3613. 44Aea, e4&i4da 81612 (970)920-1125 #tee April 18, 2012 RFCFIVED APR 19 2012 Ms. Sara Adams, Senior Planner CITY OF ASPEN City of Aspen Community Development Department COWUNITY DRELOPME41, 130 South Galena Street Aspen, Colorado 81611 RE: 8040 GREENLINE REVIEW EXEMPTION APPLICATION FOR 605 AND 675 SOUTH ALPS ROAD Dear Sara, This is an application requesting an exemption from 8040 Greenline Review for Lots 1 and 2 of the Moses Lot Split. The Moses Lot Split is located near the top of Aspen Alps South Road, across from the Aspen Alps 700 Building. (see the attached vicinity map). Following is a summary of the ownership of the two parcels: Address Parcel ID Number Owner Lot 1 605 S. Alps Road 273718256003 South Alps Rd. LLC Lot 2 675 S. Alps Road 273718256001 Icie Jackson LLC Proof of the ownership of the properties is provided via title insurance policies issued for each lot (see Exhibit#1 and Exhibit #2). Both of the owners (hereinafter, "the applicants") have designated Alan Richman Planning Services as their representative for this application. The letter of authorization is attached hereto as Exhibit#3. The applicants recently acquired the properties in 2011 and now propose to accomplish two minor activities on these lots. These two activities are: (1) to enhance the landscaping on Lot 1 and Lot 2 and; (2) to install a security gate along the driveway to Lot 2. The landscape enhancements proposed by the applicants are shown on the attached landscape plan. First, the applicants propose to remove the row of trees that is located along the boundary between the two lots. This buffer was important for privacy when there were houses on each of the lots and the lots were owned by different individuals. However, the house on Lot 1 was removed in the fall of 2011 and the lots are owned by the same family (although listed in two different LLC's). Therefore, the owners wish to be able to enjoy the view across Lot 1 towards the mountain backdrop and no longer desire to have this buffer. Instead, they will transplant these young evergreen trees to the rear of Lot 1, along the base of the slope where there is a hiking trail to Aspen Mountain. Ms. Sara Adams April 18, 2012 Page Two The applicants have chosen to install the trees in this location because having evergreen trees located at the base of the mountain slope fits well with the natural landscape. It is also a beneficial location for the trees to be planted because occasionally pedestrians who use the public trail cut across Lot 1 to gain access to Aspen Alps Road rather than staying on the trail that traverses across the top of Lot 1 and ends on the Little Nell slope. Since there are young children in the family, the applicants want to provide greater privacy and security for their property. The landscape plan also shows some trees that will be added to the existing cluster of trees at the front of the property, along Aspen Alps Road. The applicants have also come to understand that the Aspen Alps uses the area in front of their property for snow storage, firewood storage and other maintenance functions. Therefore the applicants wish to create a more extensive buffer from the road, which will also benefit the neighbors by further screening the existing house from public view. Finally, the landscape plan shows that the applicants propose to install a security gate along the entrance to the property, where the driveway intersects with Aspen Alps Road. The applicants have found that during the summer and winter season some guests of the Aspen Alps simply drive up South Alps Road, bypassing the office that is located off of Ute Avenue. When they arrive at the top of the road they don't know where to go and some have knocked on the applicants' front door, thinking it might be the office or another part of the Aspen Alps. Therefore, the applicants want to create more of a distinction between their property and the neighboring Aspen Alps 700 Building, again for the security of the family. The proposed gate and adjoining stone fence will be 42" in height or less, as required by Aspen's residential design standards for fences along the front property line. Since Lots 1 and 2 are located at an elevation of 8,080' above mean sea level, staff has confirmed that the proposed development is subject to 8040 Greenline Review (see pre- application conference summary attached as Exhibit #4). Section 26.435.030 of the Aspen Land Use Code establishes the procedures and standards for 8040 Greenline Review. Sub-section B provides an exemption from 8040 Greenline Review for certain minor projects. The landscaping and fencing proposals qualify for this exemption based on the following responses to the four standards of this sub-section: 1. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five (25) percent. Response: No additional floor area is proposed by this exemption application. Ms. Sara Adams April 18, 2012 Page Three 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.040.450 or the applicant receives a permit pursuant to said Section. Response: No trees will be removed by the proposed development. An existing row of trees will be transplanted from the boundary of Lot 1 and 2 towards the rear edge of Lot 1. The applicant will coordinate this work with the City Forester to ensure the survival of the transplanted trees. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Response: Both Lots 1 and 2 have been found suitable for development as a result of prior 8040 Greenline applications that authorized the construction of new houses on these lots and the specified geologic hazard mitigation has been accomplished. Some minor grading is planned to smooth the grade transition between the properties so it is more comfortable for the children to walk between the house on Lot 2 and the lawn/play area on Lot 1. Appropriate erosion and sedimentation controls for this grading will be specified in the building permit application. 4. All exemptions are cumulative. Once a development reaches the totals specified in Section 26.435.030 (8) (1) an 8040 Greenline Review must be obtained pursuant to Section 26.435.030 (C). Response: The applicant acknowledges the cumulative nature of the floor area exemption. Based on the above responses the applicants hereby request that the Community Development Director exempt these proposed activities from 8040 Greenline Review and allow the applicant to proceed towards installation of these improvements this spring. We believe that these responses and the attached materials provide all of the information required by staff to process this application. However, if there is anything else I can provide to you or any other questions I can answer please do not hesitate to contact me. Sincerely, ALAN RICHMAN PLANNING SERVICES )t-1 w Alan Richman, AICP EXHIBITS is e �• MTN�R. 5,a PSR 50 s , t i , a t t / t - _ t �. i a a f , Y _ s 3 s.. y f ea ,. i r � ! x ` 9 r s t i m.. ; I f - -c,- I CD Y A , , « r , Y Y x \ x t 0 U 00 I h t Co t p i p t Y 4 � f 1 L. 2 s4 { a Y X , Y � 1 t I s � f; � r ' O o �3 i•�..�� 1 � }`f 'LOT A •gym ° r I MOSES LOT SPLIT VICINITY MAP N __ 0 ,_ •� 0 45 90 A 0 r w E Feet 8150-- _ �; -_ ,> -..,:_"' �„"�; t ' �,, � . "_'TM-•- - `„ ° �` This map/drawing/image is a graphical representation °. G, �. --.�. _,•m ._,,;., of the features depicted and is not a legal presentation. The accuracy may change „._ re 8y 8160 depending on the enlargement or reduction. ` (9 Syg0 80 91~ 0 8220 70"82 00, : Copyright 2012 Aspen/Pitkin GIS _. Tue Apr 17,2012 C:\GIS\temp\Aprill2\MosesLotSpik EXHIBIT#1 ALTA OWNER'S POLICY(6/17/06) SCHEDULE A Name and Address of Stewart Title Guaranty Company Title Insurance Company: P.O. Box 2029, Houston, TX 77252 Prepared by: Colorado Regional Production Center Title Officer: Linda Williams File No.: 01330-1426 Policy No.: 0-9301-001840979 Address Reference: 605 South Alps Road,Aspen, CO 81611 (For Company Reference Purposes Only) Amount of Insurance: $6,550,000.00 Premium: $5,310.00 Date of Policy: June 06, 2011 at 12:01 pm 1. Name of Insured: South Alps Road LLC 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: South Alps Road LLC 4. The Land referred to in this policy is described as follows: Lot 1, MOSES LOT SPLIT according to the plat recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474. COUNTY OF PITKIN, STATE OF COLORADO Copyright 2006-2009 American Land Title Association. All rights reserved. The use of thus Form is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. iAra�rm} All other uses are prohibited. Reprinted under license from the American Land Tille Association. uwon,w File No.01330-1426 Page 1 of 1 CO STG ALTA Owner's Policy Sch A + Q+ar+tyco,'W—r i ALTA OWNER'S POLICY(6/17/06) SCHEDULE B File No.: 01330-1426 Policy No.: 0-9301-001840979 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or expenses)that arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 6. Water rights, claims or title to water. 7. All taxes for 2011 and subsequent years, which are a lien not yet payable. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Reservations and exceptions as contained in United States Patents recorded in Book 136 at Page 173 and recorded in Book 175 at Page 213 as follows: "That the premises hereby granted, with the exception of the surface may be entered by the proprietor of any other vein or ledge, the top or apex of which lies outside of the boundary, should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and right of way thereon for ditches and canals constructed by the authority of the United States as reserved in United States Patents recorded Book 136 at Page 173 and in Book 175 at Page 299. 10, Reservation of all the minerals, mineral deposits, mineral oils and natural gases of every kind and nature, together with the right of ingress and egress for the purpose of mining, drilling and exploring said land for minerals as reserved in Deed recorded April 28, 1961 in Book 193 at Page 595 as Reception No. 111295. 11. Statement of Exception from the Full Subdivision Process for the Purpose of Subdividing the Moses Property as set forth in instrument recorded June 26, 1987 in Book 540 at Page 186 as Reception No. 290476. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. i�Ya n:ii All other uses are prohibited. Reprinted under license from the American Land Title Association. '�•'^ File No.01330-1426 Page 1 of 2 stewart CO STG ALTA Owner's Policy Sch B SE -- °^ty CO^n°"Y i ALTA OWNER'S POLICY(6/17/06) SCHEDULE B 12. Terms, conditions, provisions and obligations contained in the Restated Easement Agreement recorded September 3, 1992 in Book 687 at Page 915 as Reception No. 348321. 13. All matters shown on the plat of Moses Lot Split recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474. 14. All matters shown on the Little Nell Residence Site Plan Lot 1 Moses Lot Split recorded January 28, 2009 in Book 90 at Page 34 as Reception No. 556039. 15. Easement Agreement by and between LNR, LLC and Gerald Grayson recorded August 7, 2007 as Reception No. 540749. 16. Resolution by City Of Aspen Planning and Zoning recorded June 25, 2008 as Reception No. 550520. 17. Administrative Decision by Community Development Pitkin County recorded December 9, 2008 as Reception No. 554912. 18. Amended Resolution recorded July 8, 2010 as Reception No. 571868 19. Any rights, easements, interests or claims which may exist by reason of or reflected by the following facts shown on the survey dated 5-4-11 by Pinnacle Design Consulting Group Inc.: encroachments of gravel drive, lawn fence, woven wire fence gate, gravel foot path, foot bridge and wall onto adjoining property known as The Aspen Chance Subdivision; wall, conc. walk, steps, concrete drive eaves, gravel drive sitting outside of building envelope; wood rail fence going onto adjoining property to the north • �,. Copyright 2006.2009 American Land Title Association. All rights reserved. arei<rewr, The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. M o 11W AA other uses are prohibited. Reprinted under license from the American Land Title Association. aswxaaw File No.01330-1426 Page 2 of 2 ^-J s�{{..a CO STG ALTA Owner's Policy Sch B SE +�ar P" EXHIBIT#2 American Land Title Association Owner's Policy Attorneys LAND TITLE (6-17-06) - Title Guaranty . ......... ... ONOCIA1104 Fund,Inc. OWNER'S POLICY NO. OP201105004319 SCHEDULE A Effective Date : 5/18/2011 at exact time of recording Amount of Insurance: $14,050,000.00 1. Name of Insured: Icie Jackson LLC, a Colorado limited liability company 2. The estate or interest in the Land that is covered by this policy is: Fee Simple 3. Title is vested in: Icie Jackson LLC, a Colorado limited liability company 4. The land referred to in this policy is described as follows: See Schedule C attached hereto. For informational purposes only, the property address is: 675 South Alps Road, Aspen, Colorado 81611. Gary A. Wrigly Authorized OffdcTr or Agent 2622 Member Number Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for 2011, not yet due or payable. 7. Reservations and exceptions as contained in United States Patent dated April 22, 1896, and recorded May 20, 1949, in Book 175 at Page 213, as Reception No. 096377 as follows: "That the premises hereby granted, with the exception of the surface may be entered by the proprietor of any other vein or ledge, the top or apex of which lies outside the boundary, should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge." 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted,and right of way thereon for ditches and canals as constructed by the authority of the United States as reserved in United States Patents dated July 3, 1911, and recorded August 26, 1949, in Book 175 at Page 299, as Reception No. 096828, and dated November 4, 1899, and recorded August 26, 1949, in Book 175 at Page 299, as Reception No. 096829. 9. Reservation of all the minerals, mineral deposits, mineral oils and natural gases of every kind and nature, together with the right of ingress and egress for the purpose of mining, drilling, and exploring said lands for minerals as reserved in the Quit Claim Deed dated April 13, 1961, and recorded April 28, 1961, in Book 193 at Page 595, as Reception No. 111295. 10. Terms, conditions, provisions, agreements and obligations specified under the Easement by and between the Board of County Commissioners for Pitkin County, Colorado and George P. Mitchell and H.A. Bornefeld,Jr., dated December 9, 1965, and recorded December 20, 1965, in Book 217 at Page 593, as Reception No. 122970, and recorded August 1, 1968, in Book 235 at Page 722, as Reception No. 131762. 11. An easement for ingress and egress, city water lines and sewer line as reserved in the Special Warranty Deed dated June 18, 1973, and recorded July 2, 1974, in Book 288 at Page 899, as Reception No. 168549. 12. Grant of Easement as specified in the Special Warranty Deed dated May 16, 1977, and recorded June 24, 1977, in Book 330 at Page 946, as Reception No. 195389,and Agreement of Amendment Concerning that Certain Grant of Easement Recorded in Book 330 at Page 946, Pitkin County Colorado, dated December 26, 1986, and recorded January 27, 1987, in Book 528 at Page 684, as Reception No. 285628, and Second Agreement of Amendment Concerning that Certain Grant of Easement Recorded in Book 300 at Page 946, Pitkin County, Colorado, dated July 9, 1987, and recorded August 27, 1987, in Book 544 at Page 652, as Reception No. 292313. 13. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement by and between George P. Mitchell and Cynthia Mitchell, H.A. Bornefeld,Jr., and Mary Bornefeld and Aspen Chance, Inc., a Texas corporation and The Aspen Alps Condominium Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. Association dated July 23, 1984, and recorded July 27, 1984, in Book 470 at Page 780, as Reception No. 261361. 14. Terms, conditions, provisions, agreements and obligations specified under the Statement of Exception for the Full Subdivision Process for the Purpose of Subdividing the Moses Property, City of Aspen, Colorado dated April 23, 1987, and recorded June 26, 1987, in Book 540 at Page 186, as Reception No. 290476. 15. Terms, conditions, provisions, agreements and obligations specified under the Restated Easement Agreement by and between George P. Mitchell and H.A. Bornefeld,Jr., Gaard Hopkins Moses and Mary Lynn Patton, Aspen Alps Condominium Association, a Colorado non-profit corporation and Moses Aspen View Homesite, Inc., a Colorado corporation, dated September 3, 1992, and recorded September 3, 1992, as Reception No. 348321. 16. Terms, conditions, provisions, agreements and obligations specified under the Subdivision Agreement for the Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and The George P. Mitchell and H.A. Bornefeld, Jr. Property by and between Moses Aspen View Homesite, Inc., a Colorado corporation and George P. Mitchell and H.A. Bornefeld,Jr., and The City of Aspen, dated August 25, 1992, and recorded September 3, 1992, in Book 687 at Page 895, as Reception No. 348316. 17. Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the Aspen City Council Granting Subdivision for Lot 2 of the Moses Lot Split, A Lot Line Adjustment Between the Mitchell Parcel and the Mitchell/Bornfeld Parcel, and Vested Rights for 8040 Greenline Review, Subdivision, and the Lot Line Adjustment All Located on Aspen Alps South Road, City and Townsite of Aspen, (Ordinance No. 31 -Series of 1992) dated June 8, 1992, and recorded September 3, 1992, in Book 687 at Page 901, as Reception No. 348316, and recorded December 18, 1992, in Book 698 at Page 141, as Reception No. 352013. 18. Terms, conditions, provisions, agreements and obligations specified under the Shared Sewer Service Line Agreement by and between Aspen Alps Condominium Association, Inc., a Colorado non-profit corporation and Moses Aspen View Homesite, Inc., a Colorado corporation dated September 4, 1992, and recorded January 15, 1993, in Book 700 at Page 676, as Reception No. 352949. 19. Terms, conditions, provisions, agreements and obligations specified under the License Agreement by and between George P. Mitchell and Cynthia W. Mitchell and the Moses Aspen View Homesite, Inc., a Colorado corporation dated September 4, 1992, and recorded January 19, 1993, in Book 701 at Page 40, as Reception No. 353059. 20. Any and all notes, easements and recitals as disclosed on the recorded Moses Lot Split Plat recorded June 26, 1987, in Plat Book 19 at Page 83, as Reception No. 290474, and the Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefeld Jr. Property Plat recorded September 9, 1992, in Plat Book 29 at Page 65, as Reception No. 348317, and the Lot 2, Moses Lot Split 2nd Amendment, City of Aspen, Pitkin County, Colorado Plat recorded July 14, 2005, in Plat Book 80 at Page 5, as Reception No. 526459. 21. Terms, conditions, provisions, agreements and obligations specified under the Skier Access License Agreement dated May 31, 2005, and recorded June 20, 2005, as Reception No. 511438. 22. Terms, conditions, provisions, agreements and obligations specified under A Resolution of the City of Aspen Planning and Zoning Commission Approving an 8040 Greenline Review for a Single-Family Residence on Lot 2, Moses Lot Split, City of Aspen, Pitkin County, Colorado (Resolution No. 017 -Series of 2006) dated May 16, 2006, and recorded June 16, 2006, as Reception No. 525351. 23. Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement dated August 6, 2007, and recorded August 7, 2007, as Reception No. 540749. F SCHEDULE C File#: PCII002837 Lot 2, as shown on the Replat of Moses Lot Split (A Lot Line Adjustment) and Final Subdivision of the George P. Mitchell and H.A. Bornefeld, Jr. Property according to the Plat thereof recorded September 3, 1992 in Plat Book 29 at Page 65 as Reception No. 348317 and the Lot 2, Moses Lot Split 2nd Amendment recorded July 14, 2006 in Plat Book 80 at Page 5 as Reception No. 526459. Excepting any portion thereof lying within Lot 1, Moses Lot Split as shown on the Plat recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474, Pitkin County, Colorado. EXHIBIT#3 Ms. Sara Adams, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR 6051675 SOUTH ALPS ROAD 8040 GREENLINE REVIEW EXEMPTION APPLICATION Dear Jennifer, 605 South Alps Road LLC is the owner of Lot 1 of the Moses Lot Split, located at 605 South Alps Road. Icie Jackson LLC is the owner of Lot 2 of the Moses Lot Split, located at 675 South Alps Road. I am the authorized representative of both of these property owners. I hereby authorize Alan Richman Planning Services to submit an application for an 8040 Greenline Review Exemption Application for this property so the owners can complete some landscaping and fence work this spring. Mr. Richman is authorized to submit this application on our behalf and to representing the owners in meetings with staff and the applicable decision-making bodies. Should you have any need to contact us during the course of your review of this application please do so by calling Mr. Richman at the phone number he has provided in the application. Sincerely, Neil Karbank, Authorized Representative 60�West Main Street Aspen, CO 81611 920-2899 EXHIBIT#4 CITY OF ASPEN PRE-APPLICATION,CONFERENCE SUMMARY DATE: 4/17/2012 PLANNER: Sara Adams, 970.429.2778 PROJECT: 675 South Alps Rd., lot 2 of the Moses Lot Split REPRESENTATIVE: Alan Richman, arichman @sopris.net TYPE OF APPLICATION: 8040 Greenline Exemption DESCRIPTION: The owner is interested in installing landscaping and a fence on the property located at 675 South Alps Road. The property is located above the 8040 Greenline and is in the R-15 zone district. The Community Development Director may exempt development that meets all of the review standards listed in Section 26.435.030.B Exemption. Below is a link to the Land Use application form for your convenience. http://www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%201and%20 use%20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.030 Environmentally Sensitive Areas—8040 Greenline Review Follow link below to view the City of Aspen Land Use Code http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title- 26-Land-Use-Code/ Review by: Community Development Staff, Public Hearing: None, if the exemption thresholds are not triggered. Planning Fees: $1,260.00 for administrative review. Additional time over 4 hours will be billed at $315 per hour. Referral Fees: Parks - $630 flat fee Engineering - $265 billed hourly Total Deposit: $2,155.00 Total Number of Application Copies: 2, 1 set of full size plans To apply, submit the following information: 0 Total Deposit for review of application. Pre-application Conference Summary. Y F-1 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. O 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. F--J A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. 0 A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. F--J Completed Land Use application and signed fee agreement. 0 An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 0 2 copies of the complete application packet and maps. 0 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application § 26.435.030.6, 8040 Greenline Review Exemption. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. KEGEIVEo EXHIBIT#5 APR 19 20,2 CITE' 14 ASPEN ATTACHMENT 2—LAND USE APPLICATION ,Owm! f `` y t PROJECT: Name: Location: �akS } Z w�a uS \•{ Indicate street address,lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) a-1;-1 k$ Shoo APPLICANT: Name: SD—N y �AAV Address: &05' e, ¢\W r A15p, C, S A(D I( Phone#: 0�1 O a �� REPRESENTATIVE: c Name: �'C\ ��L wwv�. �R,n., ` 7e X.,cG1 Address: �°X 3 1 I b(Z Phone#: O,1° c1 io tlzS TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review � ❑ Subdivision ❑ Conceptual SPA ® ESA-8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc. '5 C'e- A44ti�,.o 1e4, PROPOSAL: (description of proposed buildings,uses,modifications,etc. S ZtZ A-4AJ Q, (4,4� Have you attached the following? FEES DUE:$-'2- SS D9 Pre-Application Conference Summary ® Attachment#1,Signed Fee Agreement ❑ Response to Attachment#3,Dimensional Requirements Form ® Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted.as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. �,d. s 19 2012 ASPEN COMMUNiTy Agreement to Pay application Fees Ana reg_ement,between the City„offs en "Cite and _ �__ ____ Property Phone Na.: q 1e qz.w z�Kg Owner("I"): ICIE Jackson, LLC Email: %\o.\V_ARB.C_•w.cAs11. "i Address of 675 S. Alps Rd., Lot 2 of the .._._� Billing b o� we�r'� vw►•r. s k��t Property' Moses Lot Split Address. (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For fiat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. S 630 flat fee for Parks 0 fiat fee for Select Dept $0 fiat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only;. The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. i agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. S 1,250 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ 265 deposit for 1 hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: . 1 . .._ Chris Bendon Community Development Director - - Name: fii 1. -- " f ' lf��14'L� _ City Use: Title; Fees Due:$2155 Received:S January,2012 City of Aspen 1130$1 Galena St. t ! RECR, M' APR 19 2012 CITY OF ASPEN mW INITY DEVELOPMENT FOR PARKS USE ONLY Date Rv,vkid, liklildilla P"I"lil N, _ill r%ri1F1iCd51it4`f I VC,Paid lilt ....... ---- Tj ic Ctrs or A,i,s llarksOflicc: 970.920J>120 Fa\_ 1)70.920.5128 TREE REMOVAL PERMIT API'LICATION Please provide the information below,together with your check payable to file 0111,qJ'Aspen in the arnount- please cheek(1)option below(Applications iiVill not lie processed until the application fee is paid.) $75 non-construction related tree rcijittival(s) Ll $200 construction related Irve reinuval(s) I) OtitliiiciSk-etcl)il)i�awiiii,'I of'properly it) inc Indu-: (Please amich TWO copit•,N) a) Proptnty Adiess. 11) Property houndar,10. ei Locations of'buiI(ling,,s on file propert�. d) Location, diameter,and species- of trees(in property v and designate with arro4vs cveitvles, which ate to ho Ivillovvd, Si I C ad(I ress-61-5 Co Y) List trees to be removed,species and diameter at 4,5' above grarle. ('try forester will define tree Values durill site visit utilizing the following equation: Max value- $41 x 114 x (1)0)' 1) Diameter of tree in incites at 4.5'above grade ",Pfzu C4 4)l4eason for Removal: e 06D 4"I'l t)67,<D 14- 5) Miligation Plan frelocation 00rees as rot'eivriccd in Aspen Municipal Code Swc- 13-20(c)]. it)the Propeity Drawing, (TIVO m,vded) a) I.ocalioll of I eplaceniont/relocat I Oil trecy, b) Sire acrd specie.of Ire"to he replaced, c) Prolessional Cost C tilnaie ofifluting(nursed stock. deliver%, and inq.illaiion). 6) Completion Date ot'llroject Mp�y t7j, 6�r°- A,,4,A-IP 7''i Person responsible lor pi'LljIm(applicant 1: 41, (6o,, A l ?-tl LL, rup"', ...... Name of Ardflicel or Construction Representative wiv;ttc ,,mn be5i,6 113 Company Imille ..... Fax: I'lion- qlv - 163 •II23 ..... ......../ Dale D,rtas MU5T BEP05TED ON PROPERTY OUPING REMOVAL Janice+K. Vos Caudill, Pitkin County, CO RESOLUTION N0. 019 (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR A SINGLE- FAMILY RESIDENCE ON LOT 1,MOSES LOT SPLIT,CITY OF ASPEN, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS 800 SOUTH ASPEN ALPS ROAD. Parcel No. 2737-182-56-003 WHEREAS, the Community Development Department received an application from Gerald Grayson, represented by Stan Clauson Associates, Inc., requesting approval of an 8040 Greenline Review to construct a new single-family residence on Lot 1, Moses Lot Split; and, ( WHEREAS, the subject property is approximately 0.6 acre and is located in the R- 15 (PUD) Zone District; and, WHEREAS, the proposed development is located at an elevation of approximately 8,056 - 8,130 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020,Environmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at, or above, or within 150 feet below the 8040 Greenline in conformance with the review criteria established in Land Use Code Section 26.435.030(C), 8040 Greenline Review; and, WHEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review; and, WHEREAS, during a duly noticed public hearing on June 3, 2008, the Planning and Zoning Commission approved with conditions, by a 3 - 2 vote, the Lot 1, Moses Lot Split 8040 Greenline Review; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commmunity Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,the Lot 1, Moses Lot Split 8040 Greenline Review to construct a new single-family residence on Lot 1,Moses Lot Split,is hereby approved with the following conditions: Janice K. Vos Caudill, Pitkin County, CO I. The allowable floor area of the new single family home shall be no greater than 3,800 square feet. The maximum height shall be 25 feet. 2. No further development shall occur on Lot 1, Moses Lot Split outside of the building envelope approved by Resolution No. 019, Series of 2008. 3. All the required parking shall be provided on-site. There shall be no parking on Aspen Alps Road. 4. An approved tree permit from the Parks Department will be required before any demolition or significant property changes take place. The tree permit must be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or adjacent to the site. Any excavation under the drip line permit will need to be approved along with the tree permit. 5. Prior to obtaining a building permit, the applicant shall submit an engineering assessment of S. Alps Road, specifically regarding the load-bearing capability of the road in relation to the use of heavy construction equipment and emergency response apparatus, to be reviewed and accepted by the City Engineer. 6. The building permit application shall include the following: a) A copy of the final Planning and Zoning Commission Resolution. b) The conditions of approval printed on the cover page of the building permit set. c) An Excavation Stabilization Plan that will show the extent of the excavation, the location of constriction fences around the excavation, erosion control measures, spot elevations at the top and bottom of cuts, and site-specific construction drawings of the excavation and stabilization measures. The Excavation Stabilization Plan must be stamped by a Colorado Professional Engineer. For all excavation, the Contractor must comply with neighbor notification requirements stated in Section 3307 of the 2003 International Building Code. d) A Site Grading Plan stamped by a Colorado Professional Engineer, to ensure that the grading plan agrees with the drainage plan. Plans must demonstrate positive drainage away from structures as required by the Building Code (IRC—R401.3 and IBC— 1805.3.4). e) A Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standards. IBC Section 3307.1 requires that provisions be made to control erosion. The City requires a plan that shows the location of erosion control measures, drainage patterns, and details of erosion control structures. The plan must include notes that describe how erosion control measures will be regularly maintained. The Janice K. Vos Caudill, Pitkin County, CO erosion control plan must show the location of mud racks, the location of water for washing tires and the retention of the wash water. f) A soils and foundation report, shall be reviewed and accepted by the City Engineer with the Building Permit. g) A detailed landscaping plan for approval by the City of Aspen Parks Department. The landscaping plan shall include but not be limited to, the following: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root trenching will be required around all trees with excavation next to and/or under the drip line. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. A vegetation fence shall be installed along the edge of disturbance on the hillside. This protection fence must be maintained at all times; storage of materials, project access, and construction foot traffic is prohibited beyond this fence. Restoration of the area along the fence line will be of native quality and approved by the Parks Department. Supplemental planting in the native area is prohibited unless first approved. Utility connections shall be designed on the plan in a manner that does not encroach into the tree protection zones. h) The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Marshal will be installed. A fire alarm system meeting the requirements of the Fire Marshal may also need to be installed at the discretion of the Aspen Fire Marshal. i) A wildfire mitigation plan shall be submitted. This plan shall be accepted by the Fire Marshall. j) A completed tap permit for service with the Aspen Consolidated Sanitation District. k) A construction management plan that details the proposed method and means by which the site will be accessed with Janice K. Vos Caudill, Pitkin County, CO excavation and grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks,no other personal trucks are to be parked in the area around the site. The management of the Aspen Alps Condominium Association shall be consulted in the preparation of the Construction Management Plan. 1) A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. m) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m,Monday through Saturday. 7. The applicant shall comply with all applicable city regulations addressing wood burning devices in the new residential unit. 8. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 9. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. Sect The development approvals granted herein shall constitute a site-specific development plan vested for a period of three(3)years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the- gener=al public- of the approval of a site -specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 1, Moses Lot Split, by Resolution No. OXX, Series of 2008, of the Aspen Planning and Zoning Commission. Janice K. Vos Caudill, Pitkin County, CO 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 Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein,unless amended by an authorized entity. Section 4• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of May, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: 1 Jim True,Assistant City Attorney Brian Sp k,A hair ATTEST: dakekie�LothianDeputy City Clerk Janice .C. Vos Caudill, Pitkin County, CO Items presented during the Public Hearing--June 3rd,2008 () 4:30 pm Exhibit 1 —May 22, 2008 Engineer's Assessment of South Aspen Alps Road from Yeh and Associates, Inc. Presented by the applicant. Exhibit 2—24 x 36 Entry perspectives (Included as Attachment 4 in the application) Exhibit 3 —24 x 36 Site Plan(Included as Exhibit 4) Exhibit 4—24 x 36 North Elevation (Included as Attachment 4) Exhibit 5 --24 x 36 South Elevation (Included as Attachment 4) Exhibit 6—Photos submitted by Aspen Alps Condominium Association RESOLUTION N0. 017$ (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR A SINGLE- FAMILY RESIDENCE ON LOT 2,MOSES LOT SPLIT,CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273718256001 WHEREAS, the Community Development Department received an application from Little Nell House 2, LLC, represented by Stan Clauson Associates, Inc., requesting approval of an 8040 Greenline Review to construct a new single-family residence on Lot 2, Moses Lot Split; and, WHEREAS, the subject property is approximately 1.02 acres and is located in the R-15 (PUD)Zone District; and, WHEREAS, the proposed development is located at an elevation of approximately 8,080 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020,Environmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at, or above, or within 150 feet below the 8040 Greenline in conformance with the review criteria established in Land Use Code Section 26.435.030(C), 8040 Greenline Review; and, WHEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review; and, WHEREAS, during a duly noticed public hearing on May 2, 2006, the Planning and Zoning Commission approved with conditions, by a 5-0 vote, the Lot 2, Moses Lot Split 8040 Greenline Review; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all 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 Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,the Lot 2, Moses Lot Split 8040 Greenline Review to construct a new single-family residence on Lot 2, Moses Lot Split,is hereby approved with the following conditions: 52535'1 Page: 1 of 6 06/16/2006 02:2: JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 D 0.00 1. A final plat shall be filed within 180 days of final land use approval by the Planning and Zoning Commission. A final plat shall be reviewed and approved by the Engineering and Community Development Departments. 2. The final plat shall depict the following: a) A reference to the Replat of Lot 2, Moses Lot Split and Final Subdivision Plat of Mitchell-Bornefield Property, recorded on Book 29, Page 65 at the Pitkin County Clerk and Recorder's Office, incorporating and carrying forward Dedications, including Section 1 (A-D) and Section 2 (A-D). b) The access onto Lot 1,Moses Lot Split. c) An easement indicating Lot 2 access off of Aspen Alps South Road. d) A statement by the surveyor, either in a surveyor's certificate or in a general note, that all easements of record have been shown on the plat. 3. The allowable floor area of the new single family home shall be no greater than 5,000 square feet. The maximum height shall be 25 feet. 4. No further development shall occur on Lot 2, Moses Lot Split outside of the building envelope approved by Resolution No. 017, Series of 2006. 5. All the required parking shall be provided on-site. There shall be no parking on Aspen Alps Road. 6. Prior to obtaining a building permit, the applicant shall provide a housing mitigation fee pursuant to Section 26.470.040(B)1. 7. An approved tree permit from the Parks Department will be required before any demolition or significant property changes take place. The tree permit must be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or adjacent to the site. Any excavation under the drip line permit will need to be approved along with the tree permit. 8. Prior to obtaining a building permit, the applicant shall submit an engineering assessment of S. Alps Road, specifically regarding the load-bearing capability of the road in relation to the use of heavy construction equipment and emergency response apparatus, to be reviewed and accepted by the City Engineer. 9. The building permit application shall include the following: a) A copy of the final P&Z Resolution. b) The conditions of approval printed on the cover page of the building permit set. c) An Excavation Stabilization Plan that will show the extent of the excavation, the location of constriction fences around the excavation, erosion control measures, spot elevations at the top and bottom of cuts, and site-specific construction drawings of the the excavation and stabilization measures. The Excavation Stabilization Plan must be 52535'1 06//16/2006 02 :2: ___ rvinTII DTTKIN COUNTY CO R 31.00 D 0.90 r stamped by a Colorado Professional Engineer. For all excavation, the Contractor must comply with neighbor notification requirements stated in Section 3307 of the 2003 International Building Code. d) A Site Grading Plan stamped by a Colorado Professional Engineer, to ensure that the grading plan agrees with the drainage plan. Plans must demonstrate positive drainage away from structures as required by the Building Code(IRC—R401.3 and IBC— 1805.3.4). e) A Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standards. 113C Section 3307.1 requires that provisions be made to control erosion. The City requires a plan that shows the location of erosion control measures, drainage patterns, and details of erosion control structures. The plan must include notes that describe how erosion control measures will be regularly maintained. The erosion control plan must show the location of mud racks, the location of water for washing tires and the retention of the wash water. f) A letter from a registered professional engineer addressing the applicable geotechnical concerns of the letter by consulting geologist Nicholas Lampiris submitted as Exhibit C, and referenced in Condition 2 of the Planning Zoning Commission Resolution No. 92-6. This letter shall be accepted by the City Engineer. g) The soils and foundation report submitted as part of the land use application, from CTUThompson, shall be reviewed and accepted by the City Engineer. h) A detailed landscaping plan for approval by the City of Aspen Parks Department. The landscaping plan shall include but not be limited to, the following: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root trenching will be required around all trees with excavation next to and/or under the drip line. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. 525351 Page: 3 of 6 06/16/2006 02:2: JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 A vegetation fence shall be installed along the edge of disturbance on the hillside. This protection fence must be maintained at all times; storage of materials, project access, construction foot traffic is prohibited beyond this fence. Restoration of the area along the fence line will be of native quality and approved by the Parks Department. Supplemental planting in the native area is prohibited unless first approved. Utility connections shall be designed on the plan in a manner that does not encroach into the tree protection zones. The landscape plan shall include four(4)blue spruce at a height of approximately 20 feet,to be located on Aspen Alps property to the north of Lot 2; four to six (4-6) Engelmann spruce to be located to the north of the building envelope on Lot 2; and the preservation of aspen trees to the north of the building envelope to the greatest extent possible, as per the agreement between the applicant and Aspen Alps. i) The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Marshal will be installed. A fire alarm system meeting the requirements of the Fire Marshal may also need to be installed at the discretion of the Aspen Fire Marshal. j) A wildfire mitigation plan shall be submitted. This plan shall be accepted by the Fire Marshall. k) A completed tap permit for service with the Aspen Consolidated Sanitation District. 1) A construction management plan that details the proposed method and means by which the site will be accessed with excavation and grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks,no other personal trucks are to be parked in the area around the site. m) A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. n) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. 10. The applicant shall comply with all applicable city regulations addressing wood burning devices in the new residential unit. 525351 Page: 4 of 6 06/16/2006 02:2: JANICE K VOS CAUDILL PITKIN COUNTY CO R 21 08 0 01.me 11. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 12. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. Section 2: The development approvals granted herein shall constitute a site-specific development plan vested for a period of three(3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 2, Moses Lot Split, by Resolution No. 017, Series of 2006, of the Aspen Planning and Zoning Commission. 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 Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall 525351 III pill 11111111 Page: 5 of 6 JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 6/160 0.0002.2. be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of May,2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Ci Attorney �4 �6 air n5 A TTEST: ockie�Lothiad,Deputy City Clerk 525351 Page: 6 of 6 06/16/2006 02:2: JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 D 0.00 1 _ 41:352013 12/1 3/92 , 14` 2:3 Stec $45. 00 BK 698 PG 141 Silvia Davis, Pitk.in Cnty Clerk: , Doc $. 00 ORDINANCE NO. 31 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION FOR LOT 2 OF THE MOSES LOT SPLIT, A LOT LINE ADJUSTMENT BETWEEN THE MITCHELL PARCEL AND THE MITCHELL/BORNEFELD PARCEL, AND VESTED RIGHTS FOR 8040 GREENLINE REVIEW, SUBDIVISION, AND THE LOT LINE ADJUSTMENT ALL LOCATED ON ASPEN ALPS SOUTH ROAD, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Sections 24-7-503 and 24-7-1004 C of the Municipal Code the applicant, Moses Aspen View Homesite, Inc. , the Aspen Alps Condominium Association and George Mitchell have submitted an application for subdivision of Lot 2 of the Moses Lot Split and a lot line adjustment for the Mitchell parcel and the Mitchell/Bornefeld parcel all located on the Aspen Alps South Road, City of Aspen; and WHEREAS, pursuant to Section 24-6-207 of the Municipal Code, the applicant has also requested Vested Rights of the subdivision and lot line adjustment and 8040 Greenline; and WHEREAS, at a duly noticed public. hearing held April 7, 1992, the Planning and Zoning Commission reviewed the 8040 Greenline and Subdivision proposal; and WHEREAS, the Commission approved the 8040 Greenline review (see Commission Resolution 6 (1992) , Exhibit A attached hereto and incorporated herein) ; and WHEREAS, the Commission also recommends to the City Council subdivision approval for Lot 2 Moses Lot Split; and WHEREAS, the subdivision of Lot 2 eliminates the floor area cap of 31800 square feet that was originally imposed upon Lot 2 during the 1987 Moses Lot Split; and WHEREAS, the applicants have offered to voluntarily prohibit all future development on Lots 2A and 2B of the new subdivision as created herein, consisting of approximately three acres of valuable open space and an existing tennis court area, in exchange for the City granting permanent vesting for the development of a 5, 000 square foot (allowable floor area) residence upon Lot 2 within the subdivision; and WHEREAS, the existing underlying zoning for the subdivision allows for the construction of a single family residence of 5, 000 square feet (allowable floor area) on Lot 2; and WHEREAS, the City Council has determined that the neighborhood and community at large will derive a significant benefit from the 1 #352013 1. .8/92 14:23 Rec $45.00 BK 19 PG 142 Silvia Davis, Pitkin Cnty Clerk , Doc -P.00 ............ ...... permanent preservation of remaining open space within the City; and WHEREAS, the City Council may grant vesting of site specific development plans for periods in excess of three years where warranted in light of all relevant circumstances in accordance with C.R.S. Section 24-68-104 (2) ; and WHEREAS, subdivision and lot line adjustment were reviewed by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY , ,or ASPEN, COLORADO: Section I That it does hereby approve the Moses Lot 2 Subdivision as recommended by the Aspen Planning and zoning Commission consisting of Lots 2, 2A, and 2B, Aspen Alps South Road, City and Townsite , . of Aspen subject to the following conditions: 1. Simultaneous with the recordation of the final plat, Lots 2A• and 2B shall be conveyed to the Aspen Alps Condominium Association subject to deed restrictions in favor and for the benefit of the City of Aspen permanently prohibiting any future development on said lots. Further development 'shall include the application . or crediting of the lots toward additional lot area for floor area, bedrooms and density purposes for all existing or future Aspen Alps Condominium Association buildings. For Lots 2A and 2B, further development shall include additional floor area, bedrooms and density or major new recreational facilities such as tennis courts and swimming pools. The deed restrictions shall be reviewed and approved by the City Attorney. 2. A final plat and subdivision agreement shall be filed within 180 days of final land use approval by the City Council in the Pitkin County Clerk and Recorders office. The final plat shall. be reviewed and approved by the Engineering and Planning Departments. 3. The final plat shall depict the following: a. Lots 2 , 2A and 2B; b. that Lots 2A and 2B are restricted against any further development or additional lot area for floor area, bedrooms and density purposes for all existing and future Aspen Alps Condominium Association buildings. The documents restricting Lots 2A and 2B shall be referenced by the Book and Page number. c. the new access onto Lot I Moses Lot Split; d. graphic description of the zoning designations for Lot; 2 ; 2 #352013 '16/92 14: 23 Rec $45. 0C-) B11" 98 PO 143 Silvia Da.-Is, PiU;An Cnty Clerk, Do&- 4.00 e. no parking allowed along the Aspen Alps South Road unless approved by the Fire Marshal; f. an easement indicating Lot 2 access off of the Aspen Alps South Road. 9- all improvements on Lot 2 including the entire length of the actual access road and the revised access easement including the roadway surface; h. the contents of the final plat must meet Sections 24-7- 1004-D. 1 and -D.2 of the Municipal Code. There must be, a statement by the surveyor, either in a surveyor' s certificate or in a general note, that all easements of record have been shown on the plat. The date must be within the past 12 months; i. in the event any of the applicants obtain title to the USFS Tract as depicted on the plat they shall deed restrict said tract against all development. Said deed restriction shall be in favor and for the benefit of the City of Aspen and shall be approved by the City Attorney. 4. The width of the access easement to Lot I Moses Lot Split across Lot 2 shall meet code requirements (201 ) . section 2 That it does hereby approve the Lot Line Adjustment between the Mitchell parcel and the Mitchell/Bornefeld parcel (to be conveyed to the Aspen Alps Condominium Association) on Aspen Alps South Road with the following conditions: 1. The lot line adjustment between the Mitchell parcel and the Mitchell/Bornefeld parcel (to be conveyed to the Aspen Alps Condominium Association) shall be depicted on the final subdivision plat for Moses Lot 2 . 2 . The final plat shall contain a note stating that no additional floor area shall be granted due to the increase in lot size of the Mitchell parcel. section 3: That it does hereby grant Vested Rights in perpetuity for this Subdivision, Lot Line Adjustment, and 8040 Greenline including a 5,000 square foot single family residence (allowable floor area which includes exemptions allowed for in, Chapter 24 of the Municipal Code) as approved by the Commission on April 7, 1992 , (please see Resolution 6 (1992) , Exhibit A attached hereto and incorporated herein) with conditions as follows: 3 2 14:23 Rec $45. 00 Pik:: 69F"NG-3 144 #352013 12/1C. Silvia Davis, Pitkin Cnty Cleric , Doc. ............ 1. Any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of vested rights. 2 . The approvals as granted herein are subject to all rights of referendum and judicial review. 3 . Nothing in the approvals provided in this ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance �or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of the vested property right shall not preclude the application of ordinances jor regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, ' but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical And mechanical codes, unless an exemption therefrom is granted in writing. Section 4: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen. no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 5: If any section, subsection, sentence, clause, phrase or portion. of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions 4 #752013 1.,. 18/92 14. 23 Fec $45- 00 BK 18 PS 145 Silvia Davis, Pitkin Cnty Cler•1--: , Doc $-00 thereof. a, Section 6: This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: Cx e A public hearing on the Ordinance shall be held on the 129p day ofP at 5: 00 P.M. in the City Council Chambers, Aspen City Hall, Aspefl- Colorado, fifteen (1.5) days prior to which hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by th City Council of the City of Aspen on the day of 1992 . / 0P q John Bennett, Mayor =t ATTE T Ra*#` :` Roch, City Clerk t ' 1LY, adopted, passed and approved this day of 1992 . (3 John Bennett, Mayor ' o.,bh, City Clerk 5 #k352013 12/18/92 14: 23 RE $45. 00 BK 698 PG 146 "may COMM 41 Rzhljbit� Silvia Davis, F i t k:i n C n t y `L l er k: , Doc $.00 Approved 9� By Ordinance 19 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING 8040 GREENLINE AND RECOMMENDING TO THE ASPEN CITY COUNCIL SUBDIVISION APPROVAL FOR LOT 2 OF THE MOSES LOT SPLIT, ASPEN ALPS SOUTH ROAD, ASPEN COLORADO Resolution No. 92- WHEREAS, a 'duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on April 7, 1992 to consider the 8040 Greenline and Subdivision application for Lot 2 of the Moses Lot Split; and WHEREAS, the applicant proposed to demolish an existing home on Lot 2 and redevelop a single family residence;and WHEREAS, a 1987 Lot Split created . Moses Lots 1 & 2 with a condition upon the size of the home not to exceed 3,800 square feet of allowable floor area; and WHEREAS, the applicant proposed to increase the size of Lot 2 to encompass the open land area between four of the Aspen Alps buildings, the Mitchell House and the Aspen Alps tennis courts; and WHEREAS, the applicant proposed to retain enough land area required for a 5,000 square foot home in the R-15 Zone District and convey the rest of the land area (approximately 3 acres) to the Aspen Alps to be deeded against further development; and WHEREAS, in exchange for conveying the open space to the Aspen Alps and deeding it against further development, the applicant has requested an increase in the limited floor area of Lot 2 up to 5, 000 square feet of allowable floor area; and WHEREAS, the reconfiguration of Lot 2 and the conveyance of the rest of the parcel to the Aspen Alps requires subdivision review; and WHEREAS, the development of the new home is above the 8040 elevation thus requiring 8040 Greenline review; and WHEREAS, the Commission reviewed the 8040 Greenline for the new single family residence; and NOW, THEREFORE BE IT FINALLY RESOLVED by the Commission that it does hereby approve the 8040 Greenline for a new single family residence with the following conditions: 1. The allowable floor area of the new single family home shall be no greater than 5, 000 sq. ft. The height shall be 25 feet. *�*►. 2 . Prior to final building inspection, the applicant shall provide a letter from a registered professional engineer that all '�+' applicable geotechnical concerns of the Lampiris letter submitted #352013 12/ 92 14: 23 Rec $45. 00 BR' G 147 Silvia Davis, Pitk:in Cnty Clerk , Doc x.00 with the application have been complied with during construction. T�is letter shall be accepted by the City Engineer. ``- 3. The development shall meet on-site drainage retention requirements of Section 24-7-1004.C.4.f. 4. The applicant shall comply with all applicable City regulations addressing wood burning devices in the new residential unit. 5. All requirements for the R-15 (PUD) zone district shall apply. 6. All the required parking shall be provided on-site. 7 . The applicant shall provide a housing mitigation fee pursuant to Ordinance 1, Series of 1990, for the demolition and redevelopment of the single-family home. 8. No 'further development shall occur on Lot 2 Moses Lot Split outside of this approved building envelope. 9. No vegetation shall be removed from the slope except as required by conditions 13 and 14. 10. Tree removal permits shall be required for those trees over 6" in caliper that are removed. Pursuant to representations made by the applicant 16 trees shall be preserved which include all of the Spruce trees. The applicant shall replace the seven Aspen trees which must be removed. 11. Any construction activities contemplated within the drip line of any trees greater than 6" in diameter must be approved by the Parks Department. 12 . Mr. Moses shall work with the Parks Department to ensure that the two large pine trees on either side of the new drive will not be endangered by the new drive. 13 . Brush shall be trimmed within 30 ' of the structure. This does not apply to a single specimen of trees or ornamental shrubbery used as ground cover provided they do not form a means of rapidly transmitting fire from the native growth to any structure. 14 . Any portion of any tree with 10 ' from the outlet of any chimney shall be removed and any tree that is adjacent to or overhanging the roof shall remain free of dead wood. The roof shall be free of leaves, needles or other dead vegetation. 15. The applicant shall work with the public agencies to ensure that proper utilities are supplied to the new home ' and a proportionate share of the public improvements to serve the project will be borne by the applicant. �-- 2 #352013 18/92 14: 23 Rec $45. 00 BV-._,,,i98 PG 148 Silvia Davis, Ritk:in Cnty Clerk: , Doc $-00 NOW, THEREFORE BE IT FURTHER RESOLVED that the Commission ' recommends to the City Council subdivision approval of Lot 2 of the Moses Lot Split with the following conditions: 1. A final plat and subdivision agreement shall be filed within 180 days of final land use approval by the City Council. A final plat shall be reviewed and approved by the Engineering and Planning Departments. 2. The final plat shall depict the following: a. the tennis courts (Lot 2B) and land on Lot 2 Moses Lot Split that is conveyed to the Aspen Alps Condominium Association (Lot 2A) . b. Notes shall refer to Deed Book Page indicating the restrictions against any further development on Lots 2A and 2B, or additional lot area for floor area, bedrooms and density purposes on existing Alps buildings for the tennis courts lot and land conveyed by the owner of Lot 2 Moses Lot Split. c. The new access onto Lot 1 Moses Lot Split. d. Graphic description of the zoning designations of Lot 2 Moses Lot Split. e. No parking along the road unless approved by the Fire Marshal. f. An easement indicating Lot 2 Moses Lot Split access off of the Aspen Alps South Road. g. All improvements on the site including the entire' length of the actual access road and the revised access easement including the roadway surface. h. The contents of the final plat must meet Sections 24-7- 1004-D. 1 and -D. 2 of the municipal code. There must be a statement by the surveyor, either in a surveyor' s certificate or in a general note, that all easements of record as indicated on Title Policy No. , dated , have been shown on the plat. The date must be within the past 12 months. i. The USFS tract, if conveyed to Mitchell/Bornefeld, or heirs and assigns shall be deed restricted against further development. 3 . The width of the access easement to Lot 1 across Lot 2 shall meet code requirements (201 ) . 3 #352013 12 x,,3/92 14: 23 Rec $45. 00 BK 6 _ PG 149 Silvia Davis, Pitkin Cnty Clerk , Doc x.00 �--.� APPROVED by the Commission at their regular meeting on April 21, 1992 . ATTEST: ASPEN PLANNING AND ZONING COMMISSION ----Jan/Carney, Deputy City 'Clerk Jasmine Tygre, Chair erson I✓1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 20, 2012 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 0026.2012.ASLU— 675 S. Alps Rd. The planner assigned to this case is Jessica Garrow ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ✓ Your Land Use Application is complete: 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 429-2780 if you have any questions. T You, Sara Adams, Senior Planner City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No_x__ Subdivision(creating more than I additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Z? 3 -7 1 4 moo i Z'? 3—7 1 8 2 5 00 3 DoZf, • 2-0(Z �6 Lu Permits � � © File Edit Record NayigatB Form Reports Format Tab Help 4 � I`J • : o Jump 1 �V I J, a Routing Status Fees Fee Summary Main Actions Attachments Routing History Valuation ArchjEnq I Custom Fields Sub Permits Parcels Permit type aslu Aspen Land Use Permit# 0026�012.ASLU v - Address 675 S ALPS RD AptJSuite LOT 2 MOSES LOT SPLIT ° City 1ASPEN dip 81611 ° Permit Information Master permit Routing queue aslu07 Applied 4r�9012 Project Status pending Appro o` Description APPLICATION FOR 8040 GREENLINE EXEMPTION FOR 675 S.ALPS ROAD i Is Closedf F' Submitted ALAN RICHMAN 9201125 Clock Running Days 0 Expires V 4013 Submitted via Owner Last name ICIE JACKSON,LLC = First name NEIL KARBANK 604 W MAIN ST Phone (970)920.2899 Address ASPEN CO 81611 Applicant Owner is applicant? ❑Contractor is applicant? Last name SOUTH ALPS ROAD,LLC First name NEIL 604 WEST MAIN ST Phone 1(970)920-28 Cust,# 29054 Address ASPEN CO 81611 Lender Last name First name Phone ( ) Address ` v Displays the permit lender's address AvenGold5(served ancelas 161 l