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HomeMy WebLinkAboutLand Use Case.616 S Galena St.0029.2013.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0029.2013.ASLU PARCEL ID NUMBERS 2737.1829.0001 PROJECTS ADDRESS 616, 618, 626, &628 S.GALENA STR PLANNER JIM POMEROY CASE DESCRIPTION INSTUBSTANTIAL PUD AMENDMENT REPRESENTATIVE SUNNY VANN 925-6958 DATE OF FINAL ACTION 6/24/2013 CLOSED BY ANGELA SCOREY ON: 12/04/13 a 7 37 - 192- Roo-o Pot I Pa• oNTl : gRdists Fees Feesu- t Fi_ktm d aUs;P� i 4a kog cdmam SO Fn& PdA Fff dtm aslu srs:i lao-G.s: Ford G.2 2G1:.ra U 16.t,41BA'T i s �3 P91 St 51611 � Faii� da� p' tae LT, A#lq Fro1 s krdm? rpm, - Dgb:1 CUSELP14CU,FN61h 1UKCI,ES3,7HCAl'AFFNFRIk 1�sE �PIUIGSLB�T�l�11�E ose;��a Suadtt d H,JY s1A'gl�:65:� t nuo j Dad or's t cGY.'1 OWN la arK up1E114F.wEti�I D�"G-; F �m� 1G Sc�a4S . t .IRU CD?611 V',Ow is applimo. ^.(AfNBdOfIS8 lf8d1� !cstoam4;aLI'lp�:E{:�r[p'+2I �'-0drf i ,14 SSAL $i 2 Link rm f s i 0 i 's t P .... (�S�d}S�Epe d80d8tS9d�@S$ AWGA6(o mods�10�1....._i CZ �2-S- VANN ASSOCIATES, LLC M AY Planning Consultants r-, h I ff May 1, 2013 HAND DELIVERED Ms. Jessica Garrow Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Galena Place Townhome Condominiums Insubstantial PUD Amendment Dear Jessica: Please consider this letter an application for an insubstantial PUD amendment for the Galena Place Townhome Condominiums (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.445.100.A. of the Aspen Land Use Regulations (the "Regulations") by the Galena Place Townhome Condominium Association on behalf of the owners of the four condominium units which comprise the Galena Place Townhome project (hereinafter "Applicant"). The Association's consent to the application, and permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant, is addressed in the attached letter from Silver City Management Services, the Association's Manager (see Exhibit 2). A land use application form and an application fee agreement are attached as Exhibits 3 and 4, respectively. Background The Galena Place Townhome Condominiums are located on Lot 4 of the Aspen Mountain Subdivision/PUD. The project, which was constructed in the late 1980s, consists of two duplex structures containing four multi-family units and a subgrade parking garage. The physical addresses of the four units are 616, 618, 626 and 628 South Galena Street, respectively. The project was condominiumized in 1990, the plat for which is recorded in Book 23 at Page 89 in the office of the Pitkin County Clerk and Recorder (see Exhibit 5). P.O. Box 4827 • Basalt,Colorado 81621 • 970/925-6958 - Fax 970/920-9310 vannassociates@comcast.net Ms. Jessica Garrow May 1, 2013 Page 2 Pursuant to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision/PUD, which is recorded in Book 574 at Page 792, Lot 4 is limited to "... four 3-bedroom residential units containing an aggregate of not more than 12,000 square feet of floor area ... " (see Exhibit 6). While all of the units have been remodeled internally to varying degrees since initially constructed, the number of approved bedrooms in each unit remains unchanged, and the project's aggregate floor area remains within the original 12,000 square foot floor area limitation. The various remodels, however, have resulted in rooms which are believed to meet the Regulations' definition of a bedroom. In addition, in some cases, the resulting "bedrooms" may not meet current building code requirements for proper emergency egress. While it is somewhat unclear as to the basis for the original 3-bedroom per unit approval limitation, it can be surmised that it was most likely based on the Regula- tions' minimum lot area per bedroom requirement in the then L/TR, Lodge/Tourist Residential, zone district (i.e., the predecessor to the current L, Lodge, zone district). As the current Lodge district's dimensional requirements do not contain a minimum lot area per bedroom requirement, the project's original bedroom limitation would appear no longer relevant. Proposed Amendment The Applicant proposes to amend the original approval for Lot 4 to eliminate the existing 3-bedroom per unit limitation. The removal of the bedroom limitation will resolve potential issues with respect to rooms within a unit which now meet the Regulations' definition of a bedroom, and, where appropriate, permit the provision of adequate emergency egress. The removal of the limitation, however, will require an amendment to the original Aspen Mountain PUD/subdivision agreement. Review Requirements Pursuant to Section 26.445.100.A. of the Regulations, the Community Development Director may approve an insubstantial amendment to a final PUD development plan subject to certain requirements. The specific requirements, and the proposed amend- ment's compliance therewith, are summarized below. 1. The proposed amendment does not change the use or character of the development. The proposed amendment does not change the use or character of the develop- ment. Ms. Jessica Garrow May 1, 2013 Page 3 2. The proposed amendment does not increase overall coverage of structures on the land by greater than three (3) percent. The proposed amendment does not increase overall coverage of structures on the land. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities. The proposed amendment does not increase trip generation rates or the demand for public facilities. 4. The proposed amendment does not reduce the approved open space by greater than three (3) percent. The proposed amendment will not reduce the project's approved open space. 5. The proposed amendment does not reduce the approved off-street parking and loading space by greater than one (1) percent. No changes are proposed to the building's off-street parking or loading space. 6. The proposed amendment does not reduce the required pavement widths or rights-of-way for streets and easements. No reductions in pavement widths or street rights-of-way are proposed. 7. The proposed amendment does not increase the approved gross leasable floor area of commercial buildings by greater than two (2) percent. The proposed amendment does not increase the project's approved net leasable area. 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. The proposed amendment does not increase the project's approved residential density. 9. The proposed amendment does not involve changes which are inconsistent with a condition or representation of the project's original approval Ms. Jessica Garrow May 1, 2013 Page 4 or which requires granting a variation from the project's approved use or dimensional requirements. While the proposed amendment will amend a prior approval condition, the original condition is now arguably moot as the current L, Lodge, zone district does not contain a minimum lot area per dwelling unit requirement. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ASSOCIATES, LLC x�. .J S arm SV:cwv cc: Theodore K. Guy, AIA d:\oldc\bus\city.app\app59613.ins EXHIBIT CITY OF ASPEN a PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow,429-2780 DATE: 3.8.2013 PROJECT: 700 S Galena Insubstantial PUD Amendment. UPDATED:4.1.2013 REPRESENTATIVE: Sunny Vann,Ted Guy DESCRIPTION: The owner of Unit 4 of the Galena Place Townhomes(also known as 700 S Galena) is interested in creating a lightwell to provide proper egress to the basement of the unit. The original approval for the complex limited each unit to three(3)bedrooms. Over the years a number of internal changes have occurred to the units, and while the permits state no bedrooms have been added,some of the units may have more than 3 rooms that meet today's definition of a bedroom. Some of those units, because they were not applied for as"bedrooms," do not have proper egress. Today's Land Use Code does not have a limitation on bedrooms. A PUD Amendment is needed to remove the limitation on bedrooms. Staff recommends that all four (4) units in the PUD come in at once for an Amendment that would cover all the requests. This pre-application summary is written with one PUD Amendment in mind. The property is zoned Lodge (L) with a PUD overlay. The final subdivision/PUD agreement (recorded in 1988 at Book 574 Page 792, Reception#304523)states there are four 3-bedroom units in a total of 12,000 sf of floor area, and 16 subsurface parking spaces. The PUD Amendment is needed to amend the allowed bedroom count. In adding additional bedroom space subgrade, the buildings will be required to meet all egress requirements, which could require additional lightwells. Based on information from the prospective applicant, it does not appear any changes to the dimensional requirements are needed to accommodate the proposed changes, and all the changes are proposed to be internal to the units rather than adding new space. This amendment can be processed administratively. Please note that any increase in floor area will trigger impact fees, including Parks, TDM/Air Quality, and School Lands Dedication. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 (A) Planned Unit Development— Insubstantial PUD Amendment 26.600 Impact Fees 26.710.190 Lodge (L)zone district htto•//www aspennitkin coi3tiDeparrt,!-�ients/Co€munity-Develo�-,r,re:tJPlanning-and-Zoning m itle°26- Land-Use°Code/ Land Use Application and Impact Fee Guides are online at: "tr:11y,n&fw.aspen pjtki n.cgmdD w_t4�;9nts/C�-'n,:n Zoning/ plications°a!id°Fe,Ns/_ _ Review by: -Staff for complete application -Referral agencies for technical considerations-Building ..4 ' it 1, 1013 - Director of Community Development for administrative approvals C11,, of ASPEN O ft VELOPMENT Planning Fees: $1,300 Deposit for 4 hours of staff time(additional planning hours over deposit amount are billed at a rate of$325/hour). Total Deposit: $1,300 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A signed fee agreement. 5. A Pre-Application Conference Summary. (this document) 6. A letter from the HOA consenting to the application. 7. A letter signed by the applicant,with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 8. 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. 9. An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. 10. Existing condominium plat. 11. Site improvement survey is NOT required for this application. 12. A written and graphic description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 13. 3 Copies of the complete application packet and maps. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT � 2 ESTATE YmA',qaAcsFnCEs Ms. Jessica Garrow Aspen Community Development Department 1, OF A 4 F 4 130 South Galena Street Aspen, CO 81611 Re: Galena Place Townhome Insubstantial PUD Amendment Dear Ms. Garrow: Please consider this letter authorization from the Galena Place Townhome Condominium Association for the processing of an insubstantial PUD amendment application to remove the three (3) bedrooms per dwelling unit limitation that currently encumbers Lot 4 of the Aspen Mountain Subdivision PUD. This letter also authorizes Sunny Vann of Vann Associates LLC, Planning Consultants, to represent the Association in the processing of the required application. I have been authorized to execute on behalf of the Association such documents as may be required in connection with the processing of the application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, GALENA PLACE TOWNHOME CONDOMINIUM: ASSOCIATION Philip Bloemsma,Manager Silver City Management Services 74 Twin Ridge Drive Aspen, CO 81611 970-544-7000 RECENED 2-o f • 7 Do Za EXHIBIT CIS S P E N ATTACHMENT 2—LAND USE APPLICATION E1 PROJECT: Name: Location: L-./,�ts IvZG,4 4+-.7 (Indicate street address,lot&block liffiliber,legal description where appropfiatc) Parcel ID 4(REQUIRED) ?7:571,R05�1 AA1,"7 � APPLICANT: Name: do Address: Phone#7 ;qVVIAl G� REPRESENTATIVE: Name-. Address.- Phone TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ onceptual PUD ❑ Teinpoi-my Use ❑ GMQS Allotment VrlLjial PUD(&, PUD Aiiicndiiiciit) ❑ Text/Map.,kniendincin ❑ Special Review F-1 Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream F-1 Subdivision Exemption(i icludes ❑ Final SPA(&SPA Margin,Hallain Lake Bluff; condoinillifflnization) Amendinent) M01intain View Plane F-1 Conmiercial Design Review ❑ Lot Split ❑ Small Lodge Conversion," Expansion ❑ Residential Design Van-wicc ❑ Lot Line AdjLISWICIA ❑ Other: ❑ Conditional Use ExisTING CONDITIONS: (description of existing buildings, uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Have vou attached the following? FEES DUE:S 41 Ii -Application CoiLferelicc SLI11HIKII-Y _5A-ttachinent#1, Signed Fee Agrceinclit onse to Attachinent 43,Dimensional Requirements Form �Response to Attachment#4,Submittal Requirements-hichidniig Wiltteii Responses to Review Standards oM ❑ 3-D Model for large project -All plans that are larger than 85'X 11"must be folded. A disk x0th an electric copy of all written text (Nlicrosoft 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 3-1)model. 5���=^��8="�� Aftt -013. EXHIBIT Agreement to ~ y Application Fees n agreement between the City of Aspen ^ and Property Galena Place Townhome Condominium Phone No.:970-544-7000 Owner("I"): Association,c/o Philip Bloemsma Email: Address of 616, 618, 626 and 628 South Billing Silver City Management Services lropert,� Galena Street A dress- 74 Twin Ridge Drive (subject of (send bills here) Aspen, CO 81611 ~ I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment mf these fees is e oondibun precedent to determining application completeness. | understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral haao: | agree to pay the following fmma for the services indicated. | understand that these flat fees are non-nafundmb|a. �O flat fee for Select Dept . $iD flat fee for Select Dept ________' $ O flat fee for Select Dept M flat fee for Select Review For deposit cases only: The City and | understand that because of the oizo, 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. | undo—band that additional costs over and above the deposit may accrue. \ understand and agree that it is impracticable for City staff to complete pn`onsnmg, nyview, and presentation of sufficient information to enable legally required findings to be made for project consideration, un|oem invoices are paid in full. The City and | understand and agree that invoices mailed by the City to the above listed billing address and not returned 8m the City shall be considered by the City as being received by me. | agree to remit payment within 3O days nf presentation ofun invoice by the City for such services. | have naad, underutood, and agree tothe Land Use Review Fee Policy including consequences for non-pmyment. | agree to pay the following initial deposit amounts for the specified hours nf staff time. | understand that payment of deposit does not render an application complete o,compliant with approval criteria. If actual recorded costs exceed the initial deposit, } agree to pay additional monthly billings to the City to reimburse the City for the processing ofmy application ot the hourly rates hereinafter ouated 1 30O deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will bo billed ut$325 per hour. |l deposit for 0 hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$2G5 per hour. City ofAspen: ' Ow ' ` - ChhoBondun Philip--|oenmsrn8 Community Development Director mamn: ciltyuse: 1300 Title: Condominium Association Manager Fees Due:$ Received: GALENA PLACE TOWNHOME CONDOMINIUMS III I,11 7 I'll 1 1:7- 1,1 1-1 11 ol cllt,pll 4. 'Z�l ET yZa Ill: Ti'IE Imi 11Y T-c ry If 1 17, P,h T-1.ZH i­,1•E X­E:-,,I il­T Ti-i, 'PIT &. q,7, r- fc- ­01 1 , Wll�t 1` .1111—.- 15x3710 1 17 -F Tll� tabbler vi, 7111T 14 11 111 Aipine surveys,inc. ................ po't Dff,4 R,xx 1730 'q.,—or'. 30.3 925 2868 ,t' l 4 J 77 U7 IF I NIT MIT 4 ........... IHF 4'. =,9"61I 11.- EXHIBIT c coax 574 rog? --- -- W N >v N FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT > r - J U C:) N 7 n-, ASPEN MOUNTAIN SUBDIVISION th o This agreement, made and entered into this day of�rC!_)�2tit, 1988, by and between the City of Aspen, Colorado, a municipal corporation and home rule City (herein- { after referred to as "City"), and Savanah Limited Partnership, a i District of Columbia Limited Partnership (hereinafter referred to as "Owner") W I T N E S S E T H WHEREAS, Owner is the owner of the real property and improvements thereon situate known as the Aspen Mountain Subdivision and Planned Unit Development (hereinafter either the "PUD" or the "Project") - a five-lot subdivision and planned unit 1 development more particularly shown and described in the Plat t thereof recorded December 2, 1985, in Plat Book 17 at Pages 99, at sea. (hereinafter the "Initial Plat"), of the Pitkin County, i Colorado real property records (hereinafter the "Records"); and WHEREAS, the Initial Plat was submitted to the City ! for approval, execution and recordation by Owner's predecessor in 1 title, John H. Roberts, Jr. ("Roberts") in connection with the initial platting of the five lots comprising the PUD (hereinafter the "Initial Project"); the five lots, together with a sixth lot {t hereinafter proposed to result from the replatting of Lot 5 are presently known and sometimes herein described as: f- ,,p,. , cnna 574 -- acceptance thereof in writing by the City. In addition to this warranty, the Owner shall, if they are available, obtain from its contractors customary warranties of good workmanship with the City as beneficiary, with respect to all improvements required by Paragraphs C(1) and C(2). It is the express understanding of the parties that the procedure set forth in Section M of this Agreement regarding non-compliance shall not be required with respect to the enforcement and implementation of the financial assurances set forth herein and required by Section 20-16(c) of the Municipal Code. 4. Employee Housing - Summit Place. Owner has no employee housing obligations in connection with the Summit Place component of the Project. 5. On-Site Parking - Summit Place. Owner has no new on- site parking obligations in connection with the Summit Place component of the project. Owner shall, however, preserve or reconstruct six (6) sub-surface parking spaces beneath Lot 2. r: D. GALENA PLACE 7-N-1. Site Improvements - Galena Place. Galena Place shall be comprised of 4 three-bedroom residential units containing an ! . aggregate of not more than 12,000 square feet of floor area included in external FAR calculations as shown on the First �7 Amended Plat recorded in Book at Page _, et sea., of the records, each of the drawings and sheets pertaining to which is incorporated by reference as though fully annexed as an exhibit !• r _ 31 Jennifer Phelan From: Jennifer Phelan Sent: Monday, May 06, 2013 3:52 PM To: Ivannassociates @comcast.net' Subject: Galena Place Townhomes Hi Sunny: The letter consenting to the application for Galena Place Townhomes was from a property management company.The code requires consent by owners and we usually take a letter from the HOA as long as the person has the authority, such as the HOA president,to consent to the application. I don't think the property management meets the requirement. Could you provide a letter the HOA president or consent from the 4 owners? I can have someone (Jim Pomeroy) get started on this but we won't be able to finalize the application until we receive appropriate consent. Thanks,Jen Jennifer Phelan,AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 1 Jennifer Phelan, AICP May 7, 2013 Deputy Planning Director Community Development Dept. City of Aspen 130 S. Galena St. Aspen, Co 81611 Jennifer.phelan@cityofaslen.com Dear Jennifer, Please use this letter as your authorization to acknowledge that the HOA is applying on behalf of the individual owners of the town homes known as Galena Place and has authorized Phil Bloemsma, of Silver City Management Service, and Sunny Vann of Vann Associates, LLC to represent the HOA and the owners with respect to the application. Please call me if you have any questions or need any further information. Thank you for your assistance in this, Patricia Marquis Vice President Galena Place Townhome Condominium Association PATRICIA MARQUIS Broker, REALTOR TM MCNE MASTER CERTIFIED NEGOTIATION EXPERT Aspen Snowmass Sotheby's International Realty 415 E. Hyman Avenue Aspen, Colorado 81611 970.925.4200 Direct pat(a)-Aspen4Sale.com www.AspenSnowmassSIR.com t . n: THEODORE K GUY ASSOCIATES PCB �s x ARCHITECTURE I PLANNING STRUCTURAL ENGINEERING common sense solutions MEMO TO: JIM POMEROY, CITY OF ASPEN PLANNING DEPARTMENT DATE: JUNE 13, 2013 RE: ADMINISTRATIVE REVIEW, GALENA PLACE TOWNHOMES, 616-618, 626-628 S GALENA ST, CITY OF ASPEN Dear Jim, Attached under separate cover is our updated review of the existing FAR at the Galena Place Townhomes, per your comments following the Planning Department's Administrative Review Process. Using the City of Aspen's current regulations and interpretations, the existing FAR for the project is 12,563 SF. This FAR amount now includes the garage, which was not included in the original 12,000 SF FAR allowed under the PUD, based on its exposure above-grade and based on the City's interpretation of how to measure exterior walls of sub-grade space. Our purpose in requesting this Administrative Review is threefold: 1.) Elimination of the bedroom limitation in the PUD. Previous documentation has been submitted to you in regard to this request. 2.) Establishment of a baseline for FAR for the project per the City of Aspen's currently adopted codes. That is included with this submittal and has been determined to be 12,563 SF. This is based on using the average grade of the original buildings to determine the exposed wall surface of the units, plus establishing a new percentage exposure for the parking garage, which was not required in the original FAR calculations from 1988. This is slightly revised from our previous submittal based on the City's interpretation of the measurement of sub-grade space per the attached email communication between our office and yourself on 05.30.13. 3.) A increase in Allowable FAR for the project to allow Units#2 and#4 to add an egress window well to their lower level room,which now can be considered a bedroom, and which does not currently have code-compliant egress. Each of the two window wells increase for FAR is based on a window well that is 3'x 3' in clear width and length, has an egress window that goes down to 42" off the floor inside the room, and has an allowance for 6"of vertical exposure below the window to the finished grade below it in the well on the outside. Previously Allowable FAR per PUD: 12,000 SF Existing FAR under current regulations: 12,563 SF Additional FAR for(2)egress window wells: 73 SF* Total Requested Allowable FAR: 12,636 SF * The 73 SF of new FAR is based on the additional vertical exposure of the exterior walls for the window well in Units#2 and #4. Unit#2 adds 36 SF of FAR, and Unit#4 adds 37 SF based on their percentage of exposed wall surface. Not included as additional FAR is the ability for Unit#1 and Unit#3 to lower their existing windows to proper egress height in their lower rooms, which can now be considered bedrooms as well. Since the elevations for Unit#1 and#3, where the egress windows would be located, are 100% above grade per the FAR calculations, making the windows lower to the floor will not have any impact on FAR. BY: Mike Bucchin AIA, Principal Architect cc:David Fu,Pat Marquis,Phil Bloemsma,Sunny Vann,Doug Hayes Box 164o Basalt, CO 81621 .....: 970•92-7.3167 tkga@tl<ga.net I tl<ga.net RECEPTION,: 601032, 07/09/2013 at 11:22:12 A 1 OF 7, R $41.00 Doc Code APPROVAL Janice K.Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL For an Insubstantial PUD Amendment to the First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision (Aspen Mountain Subdivision PUD), Galena Place Townhome Condominiums memorializing existing improvements on the site, as well as allowing for life safety improvements to Galena Place Townhome Condominiums commonly known as 616, 618, 626, and 628 S. Galena St. Parcel ID Nos. 273718290001 through 273718290004 APPLICANTS: Galena Place Townhome Condominiums Association, Condominium Units 1-4, Galena Place Townhome Condominiums REPRESENTATIVE: Sunny Vann, Vann Associates, LLC SITE & SUBJECT OF AMENDMENT: This Insubstantial PUD Amendment is for a 4 unit condominium located at 616, 618, 626, and 628 S. Galena St (The "property"). The property is located in the Lodge zone district with a Planned Unit Development overlay (L/PUD). The Applicant is requesting to memorialize the current Floor Area of the buildings under today's land use code as well minimally increase the baseline amount to allow for code compliant egress from basement window wells. Furthermore the Applicant requests to remove the bedroom limitation on the condominium units via an Insubstantial PUD Amendment. SUMMARY: In 1988 the First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision was recorded (Book 574, Page 792). This document, signed by the City, approved a large subdivision encompassing much of the land between South Galena Street and South Aspen Street. As part of the approvals, several smaller condominium projects were also approved within the larger subdivision, and Galena Place was one of these. Section D, Item 1, of the Aspen Mountain PUD, which included the approvals for Galena Place, put a cap on bedrooms per unit of three (3), and a total allowable Floor Area cap of 12,000 square feet. A plat of the Galena Place Townhome Condominiums was subsequently recorded in 1990, and this document did not mention these limits. The cap on the bedroom count has been problematic for the owners of the property because several of the units have been remodeled over the years. Past remodels have created spaces within the condominiums which now meet the current definition of a bedroom, but do not have proper egress. The Land Use Code allows for Exceptions for Building Code Compliance "to accommodate improvements required to achieve compliance with building, fire, or accessibility codes." This has been interpreted to allow for window wells to be added if they are no larger than the minimum size required for egress. In this case, that minimum size is 3' x 3', and the bottom of the well should be no lower than 6" from the bottom of the window. The applicant is proposing adding two window wells of this size, which will add a total of 73 square feet to the projects total Floor Area. Furthermore, based on changes in how the Code calculates Floor Area, the current existing Floor Area of the Project is 12,563 sq. ft. Therefore, the applicant is asking to amend the Aspen Mountain PUD, to state that the allowable FAR for the Galena Place Townhomes is 12,636 sq. ft. (12,563 + 73). Page 1 of 3 As part of the approvals for the Galena Place Townhomes, the First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision included a provision that "Galena Place shall be comprised of 4 three-bedroom residential units." It is not entirely clear why this restriction was inserted into the approvals for this Condominium project, but it is not something that the City would currently ask for in a new development. Therefore, since our current code does not require any sort of bedroom cap in multi-family residential housing, and the project essentially already has units with more than 3 bedrooms, the applicant is requesting that the Aspen Mountain PUD be amended to retract the cap on the number of bedrooms per unit. The net effect of this amendment will be that the Galena Place Townhome Condominiums will have no limits on the number of bedrooms. The Property is currently located within the Lodge zone district with a Planned Unit Development overlay upon it (L/PUD) and the underlying zone district does permit multi-family residential. There is a limit on unit size, using net-livable calculations, in the zone district; however, the units are already non-conforming for this restriction, and the proposed changes will not increase this situation. Any future changes, such as construction of a deck, shall be required to meet the dimensional standards for the zone district as well as the limits as stated in this approval. STAFF EVALUATION: Staff finds that the request meets the requirements of an Insubstantial PUD Amendment and that it is in the city's interest to memorialize the baseline square footage for the townhomes, as well as providing for proper emergency egress from bedrooms. Establishing a baseline square footage measurement will permit the property to be reviewed under the current land use code in place when and if future development applications are submitted. DECISION: The Community Development Director finds the request to memorialize the square footage and add emergency egress windows to the Galena Place Townhome Condominiums is consistent with the review criteria (Exhibit B) and thereby, APPROVES the amendment as defined below. Table 1. Approved Changes to the First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision (Aspen Mountain Subdivision PUD), Galena Place Townhome Condominiums Bedrooms There is no limit on the number of bedrooms allowed per unit. Floor Area 12,636 sq. ft.** Notes: ** This includes Floor Area created because of minimum required window wells for emergency access as well as changes to the code regarding the measuring of Floor Area. Page 2 of 3 Attachments: Exhibit A— Floor Area Calculations Sheets Exhibit B—Review Standards (not recorded) Exhibit C—Application (not recorded) APPROVED BY• Chris Bendon Development Director Date: (f"24113 Page 3 of 3 Page 1 of 1 *52464* Pitkin County Transaction#: 52464 Print Date: Janice K. Vos Caudill Receipt#: 201304364 7/9/2013 11:22:15 Clerk and Recorder Cashier Date: 7/9/2013 11:22:14 AM AM 530 East Main Street Aspen, CO 81611 (LDEAN) (970)429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 07/09/2013 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Over the ATTN CITY CLERK Counter Total Fees $41.00 Return Code: Over the Total Payments $41.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments 'P.. CI IECK 3186 $41.00 1 Recorded Items BKPG: 0/0 Reception:601032 Date:?/9/2013 R (APPROVAL) API'ROVAI, ANY 11:22:12 AM -l`YPE From: To: Recording @ $11 for 1 pg and $5 for 2 or more 7 $41.00 pgs $1 Surcharge 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 7/9/2013 From: Jim Pomeroy<jim.pomeroyQcityolaspen.com> Subject: RE:Measuring Subgrade Wall Surface Area Date: May 30,2013 2:26:16 PM MDT To: Flynn Stewart-Severy<tkga @tkga.net> Yes Flynn, that all looks correct. Respectfully, Jim Pomeroy Code Enforcement Officer Community Development Department City of Aspen 970-429-2745 jim.poineroy @cityofaspen.com "Please note that I have a new email address—jim.pomeroy a cityofaspen.com From:Flynn Stewart-Severy [mailto:tkga @tkga.net] Sent: Thursday, May 30, 2013 2:23 PM To:Jim Pomeroy Subject: Measuring Subgrade Wall Surface Area Jim, Per out-phone conversation this afternoon,I've interpreted sub-grade wall surface area to be calculated in the following matuter. Please see attached sheet for verification. 1. The vertical dimension of the wall is drawn based on the interior floor to ceiling height of the subgrade space. (Figure 5, Chapter 26.575.020.D) 2. The horizontal dimension of the wall is drawn based on the exterior corner to exterior corner width of the structural wall (no referenced illustration in Code). Thanks, Flynn Stewart-Severy Project Manager Theodore K Guy Associates PC 970-927-3167 RECEIVED From: Flynn Stewart-Severy<tkga @ikga.net> Subject: Measuring Subgrade Wall Surface Area JUN 12 ?013 � Date: May 30,2013 2:22:32 PM MDT To: jim.pomeroyQcityofaspen.com CITY OF ASPEN Bec: mikeb@tkga.net O# 3 lI'+ ( °d lQP iE1�7 1. 1 Attachment, 148 KB Jim, Per our phone conversation this afternoon,I've interpreted sub-grade wall surface area to be calculated in the following manner. Please see attached sheet for verification. 1.The vertical dimension of the wall Is drawn based on the interior floor to ceiling height of the subgrade space.(Figure 5,Chapter 26.575.020.D) 2.The horizontal dimension of the wail is drawn based on the exterior corner to exterior corner width of the structural wall(no referenced illustration in Code). Thanks, Flynn Stewart-Severy Project Manager Theodore K Guy Associates PC 970-927-3167 III II I I 001 , �p � II � ! 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AIN /��pw�y�✓ 7/�y� �!�'�- +=J1 V p vd, `►/� CCC/�/ `w�,I//11//T�,�jO+ it LEM MFlo EN�r� :iN�� r/ter w•F/ �I �I� /��: _ � � ��%J ® �j�i_'� � —' �!!c air i � ,�� •.y �� ,ti�Y/i� .0 y•tiK�MEN MID? ::: _K _h_ ••ii�i!i!i! /Am Vol-- h•:-�_ ' • , _. ----__ �•h....•.�ti•,hi: —rte IIw 1 OR gg KG / j j /j j s' !%�'/ ///I%%r1/////fig% I".%✓%/////:i%/���� f//�'� �. o,j% r ws 5HEET: A0.2 - NORTH BLDG 5HEET: A0.3 - 5OUTH BLDG 5HEET: A0.4 (PARKING OARAGE) ENLARCG ED GALG5 ENLARGED GALG5 EN LAR(5 ED GALG5 Theodore K Guy Associates PC ARCHITECTURE FAR CALCULATIONS:GALENA PLACE TOWNHOMES FAR CALCULATIONS:GALENA PLACE TOWNHOMES EXISTING LOWER LEVEL SUBGRADE GALL: P`A""'"� (for use with: 628 S. Galena .Master Permit#0131.2012ARBK) (for use with: 628 S.Galena .Master Permit#0131.2012.ARBK) (UNITS_ 1 *2,_#5 4#4)-NO CHANGES o THIS LEVEL S RU TURAL ENGINEERING Box 164o,Basalt,CO 81621 97o.9z73�b7 tkgaCa tkga.ne[ E X!5TNCa F.A.R.: NORTH BUILDING (UNITS #1 $ #2) EXISTING F.R.R.: SOUTH BUILDING (UNITS #F" a#4) 1. GROSS AREA OF LOWER LEVEL ORIGINAL: 4ggq.q+ 165q.6 = 6659.5 5F 3RD FLOOR: 230.'2.5 5F 3RD FLOOR: 2302.5 5F 2ND FLOOR: 2451.3 5F 2ND FLOOR: 245'-1.3 5F 2. GROSS SURFACE AREA OF NALL PERIMETER GROUND FLOOR: 2542.b 5F x 52q: = '345.1 5F (See calc5 below) GROUND FLOOR: 25271.7 eF x 40,&01, = 10313 5F (see c31v5 below) SUM TOTAL OF ALL SUBGRADE (HATCHED AND UNHATCHED) TOTAL NORTH: 6Og8.q 5F TOTAL SOUTH: 5785.1 SF NALL AREA: 3148.8 5F TOTAL EXISTN& F.A.R. FOR NORTH AND SOUTH BUIL DINGS 3. EXISTING NALL AREA ABOVE GRADE SUM TOTAL OF ALL ABOVE GRADE (UNHATCHED)WALL 60g8.9 5F (N) + 5785.1 5F = 11,884 5F TOTAL EX5T. DVA3LE F.A.R. AREA: 384.5 5F 884 SF + 67q SF = 12,563 SF TOTR EXi5T. F.A.R.W/' GARAG-E Nr UDED 4. %OF NALL AREA ABOVE GRADE TO-AL ALLOWABLE FOR BOTH EU LDiNGS: 12,000 5F 384.5/31-7q.0 = 10.2% --- X S-" F.A.R. OVER BY 563 5. EXISTING NET FAR w OR055 AREA OF GROUND FLOOR X%OF WALL AREA 0 ABOVE GRADE O EXISTING_GROUND FLOOR SUBGRADE OALO: EXISTING GROUND FLOOR SUBGRADE GALL. 665q.5 x .102=619.3 SF NORTH BUILDING_(UNITS#1 4_#2) SOUTH_BUILDING (UNITS#3 4#4) �( W 1. GROSS AREA OF GROUND FLOOR ORIGINAL: 2542.8 5F 1. OR055 AREA OF GROUND FLOOR ORIGINAL: 2521.1 5F 2. GROSS SURFACE AREA OF WALL PERIMETER 2. GROSS SURFACE AREA OF NALL PERIMETER F- NALL PERIMETER X NALL HT. HALL PERIMETER X NALL HT. 232'-4" x 8'-1 1/2" = 1881.1 5F 232'-4" x 8'-1 1/2" = 188'7.1 SF SUNIM�R>'O�PROPOSED D 3. EXISTING NALL AREA ABOVE GRADE 3. EXISTING NALL AREA ABOVE GRADE FAR G.4LGUL� T/ON5 SURFACE AREA OF NALL =PERCENTAGE OF NALL AREA ABOVE GRADE SURFACE AREA OF NALL X%OF NALL AREA ABOVE GRADE N LLI 1887.7 X .52q= 998.6 5F WALL AREA ABOVE GRADE 188'1.1 X .408 =770.2 SF WALL AREA ABOVE GRADE < p *NOTE 52.q% BASED ON PREVIOUS 5UBGRADE GALL FROM 1g88 'NOTE 40.8%BASED ON PREVIOUS 5U66RADE GALL FROM 1888 PROPOSED CALG5: NORTH BUILDING #1 g#2) O o 3RD FLOOR: 2302.5 5F (ho change = "�° 4. EXISTING NET FAR 4. EXISTING NET FAR 2ND FLOOR: 2451.3 5F (no change) Z LL GROSS AREA OF GROUND FLOOR X%OF WALL AREA ABOVE GRADE GROSS AREA OF GROUND FLOOR X%OF NALL AREA ABOVE GRADE PROPOSED GROUND FLOOR: 2533.8 5F x 54.5%= 1380.q 5F "< 2542.8 x .52q= 1345.1 5F 2521.7 x .408 = 1031.3 SF TOTAL NORTH: 6134.1 5F O TOTAL NORTH DECK: 126.5 SF I­_ PROPOSED GROUND_FLOOR SUBGRADE GALE: PROPOSED GROUND FLOOR SUBGRADE GALL: PROPOSED GALLS: SOUTH BUILDING (UNITS #3 g#4) w NORTH BUILDING(UNITS#1 4#2)-WITH KNOON WELL ADDED SOUTH BUILDING(UNITS#5 4#4)-WITH WINDOW NIELL_ADDED 3RD FLOOR: 2302.5 SF no Change U 2ND FLOOR: 2451.3 5F (no change) 5. AREA REMOVED FROM GROUND FLOOR: 5.AREA REMOVED FROM GROUND FLOOR: PROPOSED GROUND FLOOR: 2518.1 5F x 42.4%= 1061.q 5F 0 9 5F Cl 5F TOTAL SOUTH: 5821.7 5F Q TOTAL SOUTH DECK: 702.1 5F Z 6. PERIMETER OF NALL SURFACE AREA TAKEN FROM BELOW GRADE TO 6. PERIMETER OF HALL SURFACE AREA TAKEN FROM BELON GRADE TO ABOVE GRADE: ABOVE GRADE: COMBINED NORTH AND SOUTH BUILDING: J 6'-O" PERIMETER x 5-1 %2"EXPOSED WALL=30.15 5F 6-0" PERIMETER x 5-1 %2" EXPOSED NALL =30.15 5F 6135 5F + 5822 5F = 11,g51 5F TOTAL PROPOSED LIVABLE Q F.A.R. V *NOTE: T. BAGKFILL @ EGRESS WINDOW @ 3'-0" 'NOTE: T. BAGKFILL @ EORE55 NNDOA @ 3'-0" 8'-1 W. -3'-O" =5'-1 %2" 8'-1 %2" -3'-0" =5'-1 %2" +61q 5F (SHARED PARKING GARAGE)= 12,636 SF TOTAL PROPOSED F.A.R N/GARAGE INCLUDED 7.AREA 5HIFTED/TOTAL AREA= INCREASE%OF WALL AREA ABOVE GRADE: 1. AREA SHIFTED/TOTAL AREA= INCREASE%OF NALL AREA ABOVE GRADE: ➢ATE uEe aBk 30.15/1887.7= 1.6% Increase 30.15/1887.1 = 1.6% Increase ALLOWABLE: 12,000 SF 9ho/zoz REVIEW SET REVIEW SET 7B. NEN TOTAL %OF HALL AREA ABOVE GRADE 7B. NEW TOTAL %OF NALL AREA ABOVE GRADE WALL AREA ABOVE GRADE/TOTAL NALL AREA NALL AREA ABOVE GRADE/TOTAL NALL AREA COMBINED NORTH AND SOUTH BUILDING PATIO/DECK: DEMO SET (gg8.6+30.15)/1887.7 =54.5% (170.2+30.15)/1881.1=42.4% 126.5 SF +120.3 5F +21.5 5F = 1468.3 5F roi n CHA CEOa n., ALLOWABLE DECK: 12,000 X .15= 1800 SF no+� CHATAGEORUE- 8. NEA GROSS AREA 8. NEW GRO55 AREA any' CHANCE OaoEn= ORIGINAL GROSS AREA-AREA REMOVED ORIGINAL GROSS AREA-AREA REMOVED _ 2542.8 5F -q.0 5F =2533.8 5F 2521.1 5F -q.0 5F =2518.1 5F ----PROP05EP F.A.R. OVER BY 636 5F---- Do., ----PROPOSED DECK F.A.R. UNDER BY 331.1 5F---- DRAWN: Ess-s q. NEW FAR q. NEW FAR _ E CHECKED: 1`3'1 c NEW%OF NALL AREA ABOVE GRADE X NEW OR055 AREA NEN%OF NALL AREA ABOVE GRADE X NEW GROSS AREA TED „;,3 SHEET TITLE: 54.5%x 2533.8 5F = 1380A SF 42.4010 x 2518.1 5F = 1061.9 5F F.A.R. 10.NET FAR 10. NET FAR CALCULATIONS NEA FAR-ORIGINAL FAR NEN FAR-ORIGINAL FAR 1418.1 5F- 1345.1 SF =36 5F ADDITION OF FAR TO NORTH BUILDING 1067.q 5F - 1031.3 5F =31 5F ADDITION OF FAR TO SOUTH RECENEU O. JUN 14 2013 COPYRIGHT THEODORE KGUY ASSOCIATES PC CITY OF ASPEN COMMUNITY DEVI•:l.OPMENI 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. Galena Place Townhome Condominiums homeowners association (Units 1-4), 616, 618, 626, 628 S. Galena St., Aspen, CO 81611, 970-544-7000 Property Owner's Name, Mailing Address and telephone number Units 1-4 Galena Place Townhome Condominiums 616 618, 626, 628 S. Galena St Legal Description and Street Address of Subject Property Notice of Approval Insubstantial PUD Amendment memorializing existing xisting square footage of the site and extinguishing the limit on the maximum number of bedrooms for the PUD. Written Description of the Site Specific Plan and/or Attachment Describing Plan Notice of Approval Insubstantial PUD Amendment June 20 2013 Land Use Approval(s) Received and Dates(Attach Final Ordinances or Resolutions) June 27 2013 Effective Date of Development Order(Same as date of publication of notice of approval.) June 28 2016 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 27th day of June, 2013, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director 4VO 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, (name, please print) being or representing an Applicant to the ity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or ction 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 acknowledgbefore me this Zg' day o 201�5 by /t WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL My commission expires: C"'( Notice is hereby given to the general public of the q 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 (�VV(\JL 24,Article 68,Colorado Revised Statutes,pertain- ing to the following described property:Aspen b Notary Public Mountain PUD,as described on the First Amend- U ed and Restated Planned Unit Development/Sub- division Agreement Aspen Mountain Subdivision ° thereof recorded in Book 574,at Page 792,and the Q ...... ° Galena Place Townhome Condominiums,units •°/ 1-4,as described on the Condominium Map there- �:• �� of recorded in Plat Book 23,at Page 89,records of Pitkin County,Colorado and more commonly ATTACHMENTS ° LINDA M. ° known as 616,618,626,and 628 S.Galena St, •° P Y MANNING ° Aspen,Colorado,81611,b order of the Commu- nity Development Director on June 13,2013. For COPY OF THE PUBLICATION • ; further information contact Jim Pomeroy,at the City of Aspen Community Development Dept.130 S. .� + Galena St,Aspen,Colorado(970)920-5090. yY••.o+•°° s/City of Aspen Publish in The Aspen Times Weekly on June 27, 2013. 193M201 My Coftiiion Expires 03/2912014