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HomeMy WebLinkAboutcoa.lu.su.0 Lot 4 Mocklin Subdivision.0046.2013 40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0046.2013.ASLU PARCEL ID NUMBERS 273707323004 PROJECTS ADDRESS 0 LOT 4 MOKLIN SUBDIVISION PLANNER JUSTIN BARKER CASE DESCRIPTION Subdivision Amendment REPRESENTATIVE ALICE DAVIS 925 6587 DATE OF FINAL ACTION 1.27.14 CLOSED BY DJAMA MARTIN ON: 03/06/2014 x73-7- 073 — 2 3 - co oo�� 20( � � Permits File Edit Record Na gate Farm Reports Format Tab Help i �� a ; a Jump 1 fi ,Routing Status Fees Fee Summary Main Actions Attachments Ranting History Yaluabos Ar�JEng rGs�m Fib Sub Permits Parcels IermR type'aslu Aspen Land Use Permit=0095 2013 ASLU � " p apt Sute Address O9,10KL1N SUEDIVISOI City ASPEN State CO Zrp 61611 Permit Information Master permit Routing queue aslu07 Applied (627T013 z Project Status ndmgApproved=_ 2 d � 2 Deseiption APPLCATION FOR LAM USE SUMITTAL FOR CHARIF SOM- Issued THE ADDITIONAL FEE DEPOSIT OF 5160 00 IS ADDED TO HOURLY 61LLIN3IN EKEL-ajs Clos€d Final Submitted ALICE DAVIS 925 656' ��;Running pays 0 Expires O6?22`201d Last name So 'I Fiat name CHARIF 700 611LAI1 ST 600 Phone .( Address HOUSTON T 77002 r Applicant r . C Owner is applicant? 17 Contractor is applicant? - Last name Som First name CHARIF '00 f 11LAIJ ST " 600 Phone r I 'Gust=':29543 Addrasq HOUSTON TX771102 Lender Last name First name i Phone ! Address 1 1 -r i I r i i< 377 � 3 1.. 3 3 -: ga 9 10isplaysthe pe*lender's address AspenGold5{seiver,angelas l of l t °I -70 • o n o° p� 4 1 / J o� SECOND AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION o A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER SECTION 7,TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN •i CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 1 OF 3 THE PURPOSE OF THIS SECOND AMENDED PLAT OF THE MOCKUN SUBDIVISION IS TO AMEND PLAT NOTE 3 TO PERMIT DISTURBANCE \ OUTSIDE OF THE BUILDING ENVELOPES ON LOTS,1,2,3 4,5 AND 6 FOR TEMPORARY SHORING AND SITE DRAINAGE. 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PC3C '` 0.592 acres �' MEE Y E4 SEHENT -- PC 6 PC3 C34 � A�FN�F PC2 SOPRIS ENGINEERING-LLC CIVIL CONSULTANTS 502 MAIN STREET,SUITE A3 CARBONDALE,COLORADO 81623 M 1ntli�0^ (970)706-0311 SOPRISENG@SOPRISENG.COM as -o SECOND AMENDMENT TO THE FIP AL,PLAT OF MOCKI,ity SIB VISION A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER SECTION 7,TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 3 OF 3 THE PURPOSE OF THIS SECOND AMENDED PLAT OF THE MOCKLIN SUBDIVISION IS TO AMEND PLAT NOTE 3 TO PERMIT DISTURBANCE Cn OUTSIDE OF THE BUILDING ENVELOPES ON LOTS,1,2,3 4,5 AND 6 FOR TEMPORARY SHORING AND SITE DRAINAGE. Zio FOUND REBAR 4 n .ass uss..ln�w..wt / CAP L.S.020151 we___ arcnw 3ffI, -_- -� w hlm N oIm �j �arouromatwe FOUND REBAR k 3 GOUNO REBAR h N 00'4000'E CAP L.S.A918n CAP L5.A9184 Cr 24.84 C S 89'20'00"E 187.86' —_-- � /a 1 FOUND REBAR h J/4�` / q{ CAP.L5-09184 o/j,/- N 8970'00"w S 67'0800'w 65-00— - 14.18' o !OT 100 15,595 z9.1t 3 0.358 acres 0 N 8920'00 W 135.74' 20'UILIT EASEMENT g \ -- - __ _ FOUND PK NA WITH IL h S 89'20'00-E 56.OG'--I a N ILLEGIBLE CAP ' 10 UTILITY EASEMEN 0 / / 7y —e0O ——— o— c SACCE 12.0' MATCMLINE SHEET 3 o Y1446•W \4\ - A S /_ m —_ SHEET �— \ 3s'ACCESS AND—UILITY 89.02 . f- 197.87'S 89 200 LO T L 183 42.71 . 70.54' q 1 ' 0.393 --N 8970'00_W _ - P01 ry 8920'00'W 4S A - TRANSFORMER 65.13' -E>- 160.32' I`\ y�i`''�� p ACCESS T UTILiTv EASEMENT TRANSFORMER EASEMENTS FOR LOT 6 EASEMENT a OVA � �O\m _— 8970'00"E 5 8970'00'E 66.23' S 89'20 00'E —_ 66APHt�w,EE SOPRIS ENGINEERING-LLC CIVIL CONSULTANTS 502 MAIN STREET,SUITE A3 CARBONDALE,COLORADO 81623 (970)704-0311 SOPRISENG@SOPRISENG.COM moommom Davis Horn- PLANNING & REAL ESTATE CONSULTING January 24, 2014 Justin Barker City of Aspen Community Development Department 130 South Galena-Street Aspen, Colorado 81611 Re: Mocklin Subdivision Plat Amendment Dear Justin: This letter forwards the signed mylars of the Second Amendment of the Final Plat of the Mocklin Subdivision. The Applicant has previously submitted letters from the majority of the lot owners in the subdivision consenting to the plat amendment. The Plat is signed by Brooke Peterson, Attorney in Fact for Charif Souki. We are submitting a recorded Power of Attorney form for Brooke with this letter. You have advised Brooke and Charif to have the Plat Amendment signed by the President of the Homeowners Association. Thank you for your assistance. Sincerely, DAVIS HORN INCORPORATED { GL E HORN AICP 3> - - - - - - - - - - - - D )i;'- . , '7i a) N O_ rz ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN,COLORADO 81611 • 970/925-6587 • FAX:970/925-5180 adavis @rof.net ghorn @rof.net RE0r*0TI0N#: 683573, 06/05/2012 at 01:x. .4 PM, 1 of 3, R $21.00 DF $0.00 Doc Code POA Janice K. Uos Caudiil, Pitkin County, CO POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT I, CHARIF SOUKI, of Houston, Texas, reposing special trust and confidence in BROOKE A. PETERSON, of Aspen, Colorado, hereinafter sometimes referred to as "Attorney-in-Fact," do hereby make, constitute and appoint said Brooke A. Peterson as my true and lawful Attorney-in-Fact in my name, place and stead, for the following purposes: 1. To demand, sue for, collect, receive and give discharges for all monies, demands, debts, interest, dividends, securities and other personal property_now or hereafter belonging to me; 2. To commence, prosecute and defend actions relating to my property, both real and R'? personal; 3. To settle, compromise, or submit to arbitration all rights, claims, demands and accounts between me and any other person or corporation; 4 aa 4. To sell, assign, and deliver any securities of any description belonging to me, to execute any instruments necessary or proper for transferring the same, and to give receipts for all purchase monies payable in respect thereof, 5. To negotiate, contract for, buy or purchase real or personal property of any kind or description, and to execute all documents necessary in connection therewith; 6. To grant, transfer, lease, encumber, bargain, sell, convey, or otherwise deal with any real or personal property belonging to me, to execute all deeds or other instruments necessary or proper for conveying the same, and to give receipts for all monies payable in respect thereof; 7. To invest, reinvest, sell, and dispose of any and all monies coming into his hands from any source whatsoever, in such securities or other property as my attorney in his discretion shall deem advisable, and from time to time to vary said investments or any of them, and pending investment as aforesaid to deposit such monies in any bank or banks which my attorney shall select-, 8. Out of the monies coming into his hands to pay any expenses in respect to any part of my property either real or personal which my attorney shall in his discretion think proper, to vote at all meetings of stockholders of any company or corporation, either personally or by proxy, and to perform and carry out all contracts entered into by me with any other person; 9. Deposit, withdraw and receive from any person or entity (including but not limited to banks,trust companies, mortgage companies, credit unions, savings and loan associations, and industrial banks) any documents or assets which I now or hereafter may have or be entitled to; 10. To enter and re-enter any safe deposit box or vault and to deposit therein or withdraw therefrom any and all contents; 11. To make, endorse, accept, receive, sign, execute, acknowledge and deliver deeds with or without warranties, deeds of trust, mortgages, leases, assignments, agreements, certificates, checks, notes, bonds, vouchers, receipts, stock certificates, stock powers, proxies, minutes, tax returns, and any other instruments in writing of whatever kind; 12. To have the powers conferred upon fiduciaries by the Colorado Fiduciaries' Powers Act (as amended) as it exists at the time of the execution of this Power of Attorney, and as it may be amended in the future; 13. For the purposes aforesaid,to endorse all checks or other instruments payable to me, and to sign in my name and execute in my behalf all deeds, assignments, transfers, proxies and any other instruments whatsoever; 14. To consent to or approve, on my behalf, any medical or other professional care, counseling, treatment, or service of or to me by a licensed or certified professional person or institution engaged in the practice or providing of a healing art. 15. To execute and file any and all tax returns, both federal and state, and to settle all controversies with respect thereto and to sue for refunds. 16. To appoint and remove any substitute or agent in respect to any or all of the matters aforesaid upon such terms as my attorney shall deem wise. Further, I hereby warrant the said authority granted above and I ratify and confirm all that my Attorney-in-Fact shall do or cause to be done. This Power of Attorney shall not be affected by my disability. IN WITNESS WHEREOF, I have hereunto set my hand and seal this *h day of 2012. r CHARIF SO See Notary on the next Page STATE OF % :X,46 ) ) ss. COUNTY OF IqIW 0,5 ) LJPda/y The for oing document was acknowledged and sworn to me before me this of ,2012, by CHARIF SOUKI. WITNESS my hand and officiaj seal. My commission expires: J1 r P14- Notary Public pt�N Y off, TERRI D BACHAND My Commission Expires 5 August 16, 2014 ire oc to+" RECEPTION#: 606304, .r ;..,6/2013 at 11:25:24 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 49 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, AMENDING THE SUBDIVISION PLAT FOR THE PROPERTIES COMMONLY KNOWN AS 115, 125, 145, 155 AND 165 MINERS TRAIL ROAD AND LEGALLY DESCRIBED AS LOTS 1, 2,3, 4, 5 AND 6, MOCKLIN SUBDIVISION,ACCORDING TO THE PLAT THEREOF, RECORDED JUNE 14, 1996 IN PLAT BOOK 39 AT PAGE 92, AND FIRST AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED AUGUST 4, 1998 IN PLAT BOOK 45 AT PAGE 59. PARCEL ID #s: 2737-073-23-001, 2737-073-23-002,2737-073-23-003, 2737-073-23-004, 2737-073-23-005, 2737-073-23-006 WHEREAS, the Community Development Department received an application from Charif Souki, represented by Davis Horn Incorporated, requesting a plat amendment to the Mocklin Subdivision, legally described as Lots 1, 2, 3, 4, 5 and 6, Mocklin Subdivision, according to the plat thereof, recorded June 14, 1996 in Plat Book 39 at page 92, and first amendment to the final plat of Mocklin Subdivision recorded August 4, 1998 in Plat Book 45 at page 59; and WHEREAS, pursuant to Section 26.480.080.8, City Council may approve an Other Amendment to a subdivision, provided that the proposed change is consistent with the approved plat; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommends approval of the amendment; and WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment;and, WHEREAS, during a duly noticed public hearing on December 2, 2013, the Aspen City Council approved Ordinance No. 49, Series 2013, by a four to zero (4-0)vote; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1: Pursuant to the procedures and standards set forth in "title 26 of the Aspen Municipal Code, the City Council hereby approves the Second Amendment to the Final Plat of Mocklin Subdivision, which amends Plat Note 3 to include the following language: Mocklin Subdivision Ordinance#49, Series of 2013 Pagel of 3 Attest: a Kathryn Koch; ity Clerk Steven kadrpn, Mayor Approved as to form: !' Jim True, City Attorney Mocklin Subdivision Ordinance #49, Series of 2013 Page 3 of 3 Regular Meeting Aspen City Council December 2, 2013 ORDINANCE #49, SERIES OF 2013—Mocklin Subdivision Amendment Mayor Skadron recused. Justin Barker, community development department, told Council this subdivision was approved in 1995, 6 single family and 1 multi-family lot. There was a plat note that prohibited development other than native vegetation outside of the building envelopes. This note was amended to resolve a conflict with the restriction and the necessity to mitigate for contaminated soils from Smuggler mountain. Barker said the subdivision plat was amended to create a similar benefit for all owners. This request is to amend the plat to add language to allow temporary shoring for the building during construction and site drainage improvements to occur outside the building envelope. When the construction is complete, the area outside the envelope will be revegetated with native landscaping to be approved by the parks department. This request is an "other amendment" and there are no review criteria other than determining whether this is consistent with the approved plat. The ordinance has been amended to include more precise restrictions on site drainage that these should line up with what is currently allowed setbacks on properties. Staff recommends approval. Glenn Horn, representing the applicant, show a picture of the lot that contains a lot of road base as it was used as a staging area for construction of the subdivision. Councilwoman Mullins moved to adopt Ordinance #49, Series of 2013, on second reading; seconded by Councilman Romero. Mayor Pro Tern Frisch opened the public hearing. There were no comments. Mayor Pro Tern Frisch closed the public hearing. Roll Call vote; Councilmembers Romero, yes; Mullins, yes; Daily, yes; Frisch, yes. Motion Carried. RESOLUTION #107, SERIES OF 2013 — 110 E. Bleeker Street Extension of Vested Rights Mayor Skadron returned to Chambers. Amy Simon, community development department, told Council this is a landmarked Victorian house on Bleeker. This is a request to extend vested rights for 3 years. HPC approved a remodel of the house in 2002, which approval was amended in 2004 and the vested rights clock was reset. The project was delayed by some issues and two extensions of vested rights have been granted. Ms. Simon recommended Council not grant a 3 year extension of vested rights. The project approval is 12 years old and it may be outdated in comparison with the current land use regulations. Ms. Simon told Council she has not examined the code to see how it might affect the project. Jody Edwards, representing the applicant, told Council the proposed project is full restoration of a 19`" century brick house and is important to the community. The benefits granted were 325 4 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director 0A,FROM: Justin Barker, Planner RE: Mocklin Subdivision — Subdivision Plat Amendment, Second Reading of Ordinance#49, Series of 2013 MEETING DATE: December 2, 2013 SUMMARY: The Mocklin Subdivision contains 6 single-family — lots and 1 multi-family lot. The applicant proposes to amend the subdivision to add language in a plat note allowing for temporary shoring during construction of the subgrade walls and drainage improvements outside of the existing building envelope on the 6 single-family lots. The current plat note does not allow any disturbance outside of the envelope except to mitigate for contaminated soils in the Smuggler Mountain Superfund Site. Lots 1-6, Mocklin Subdivision This type of amendment is considered an Other Amendment and requires Council approval, provided the proposed change is consistent with the approved plat. The purpose of the amendment is to allow what would be considered typical development that is otherwise restricted by existing plat notes. The proposed amendment does not affect the physical nature of the subdivision and is consistent with the intent of the approvals outlined in the plat. Staff recommends APPROVAL. APPLICANT: Charif Souki, represented by Davis Horn Incorporated. ADDRESSES: Lots 1, 2, 3, 4, 5 and 6, Mocklin Subdivision, according to the Plat thereof, recorded June 14, 1996 in Plat Book 39 at Page 92 and First Amendment to the Final Plat of Mocklin Subdivision recorded August 4, 1998 in Plat Book 45 at Page 59. Mocklin Subdivision Page 1 of 4 ZONING: (R-15A) Moderate Density Residential. PRIOR APPROVALS: • City Council Approvals ■ In July 1995, Council approved the Mocklin Subdivision by Ordinance No. 35, Series of 1995. The approval created 6 free-market lots and 1 affordable housing lot. • Other Approvals ■ In June 1998, the Community Development Director approved an Insubstantial Amendment to eliminate the necessity for lift stations, and revise one of the plat notes in order to eliminate a conflict with a condition of approval. BACKGROUND: The Mocklin Subdivision was originally approved through Ordinance No. 35, Series of 1995. As part of this approval, one of the conditions (4.g.) was to include notes on the Final Plat preventing future development (other than native vegetation) outside of the building envelope in order to protect the natural landscape. Another condition of approval (5.b.) was to comply with the Institutional Controls adopted by the City for the Smuggler Superfund Site. These conditions were memorialized in the recorded Final Plat and Subdivision Agreement, respectively. A conflict between these two conditions was realized from the fact that compliance with the adopted Institutional Controls required that all contaminated soils be remediated. Portions of the Mocklin Subdivision located outside of the approved building envelopes contain contaminated soils. Therefore, in order to remediate contaminated soils to comply with condition 5.b, disturbance would be required outside of the envelopes, causing a conflict with condition 4.g. This conflict was resolved through an insubstantial amendment by the Community Development Director, revising Plat Note #3 to read as follows: "Fencing, patios, decks, hot tubs, landscaping other than native vegetation, and all other development shall be prohibited outside of the designated building envelopes on lots 1, 2, 3, 4, 5, and 6 to protect the natural landscape; however, disturbance of areas outside of the designated building envelopes as is reasonably necessary to comply with the institutional controls which have been adopted by the City of Aspen for the Smuggler Mountain Superfund Site and to obtain EPA certification that all contaminated soils have been remediated, shall be permitted provided the owner limits the disturbance and associated removal of vegetation to the minimum required to comply with the institutional controls and the recommendations of the Aspen/Pitkin County Environmental Health Department and to obtain EPA certification, existing vegetation shall be preserve to the extent feasible and all disturbed areas shall be revegetated with native species, in accordance with a landscape plan that is reviewed and approved by the City of Aspen Parks Department. After the soil remediation activities are completed, all building construction shall be limited to within the designated building envelopes, as depicted hereon, and all road and utility construction shall be limited to within the rights-of-way and easements depicted hereon. " Mocklin Subdivision Page 2 of 4 The owner of Lot 4, the last undeveloped lot, would like to construct a single-family home that requires temporary shoring outside of the envelope in order to construct the subgrade walls. The final structure will still be contained within the approved building envelope once completed. Development on the site also requires compliance with the City of Aspen drainage requirements. The initial application proposed creating several different types of development envelopes specifically for Lot 4 in order to allow these improvements. After several discussions, staff encouraged the applicant to approach this more holistically by amending the subdivision plat instead of creating exceptions for one lot. This creates a similar benefit to all of the single-family lot owners in the subdivision. The result is the current application. The proposed temporary shoring and site drainage work outside the building envelope are in conflict with Plat Note #3. In order to resolve this conflict, the applicant proposes to amend the plat to include the following under Plat Note#3: "Notwithstanding the foregoing paragraph, disturbance outside the designated building envelopes for lots 1, 2, 3, 4, S and 6 shall be permitted for the purposes of temporary shoring and conformance with the requirements for site drainage rules adopted by the City of Aspen. Such disturbance shall be the minimal amount required to provide shoring and comply with the site drainage requirements in accordance with §26.575.020.E.5.L of the Land Use Regulations. Any areas disturbed by shoring and site drainage activities shall be revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department. " The bolded text is language that has been modified since the first reading. This was done in response to staff request for more precise language limiting the type and visual impact of site drainage improvements that could occur outside the building envelopes. STAFF EVALUATION: The original purpose for creating building envelopes in the Mocklin Subdivision was to protect the native landscaping that exists on site, specifically the sagebrush on the southern side of the subdivision. With the amended application, the applicant intends to maintain the existing envelope as approved. This way the native landscaping is not compromised and additional development rights are not granted to a single property owner over another. However, the proposed development is still difficult given the current plat notes which restrict any sort of disturbance outside of the envelope, even for purposes other than the Superfund Site Institutional Controls that are required by the City of Aspen. The original plat note was intended to prevent artificial features from extending into the native landscape, and did not anticipate alternative construction methods or additional City requirements. The proposed amendment, similar to the first amendment to this subdivision, is being made in response to unanticipated conflicts in the language of the plat notes. This type of amendment does not have specified review criteria. The only requirement is that the amendment must be consistent with the approved plat, as determined by Council. Staff finds that Mocklin Subdivision Page 3 of 4 the proposed amendment does not affect the physical nature of the subdivision and is consistent with the intent of the approvals outlined in the plat. The additional language still limits development to the areas prescribed by the original building envelopes, while allowing for varied construction techniques and necessary site work. STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the proposed amendment is consistent with the approved plat and recommends APPROVAL to amend the plat for the Mocklin Subdivision. PROPOSED MOTION (All motions are worded in the affirmative): "I move to approve Ordinance No. 49, Series of 2013, on Second Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A —Application Mocklin Subdivision Page 4 of 4 ORDINANCE NO. 49 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE SUBDIVISION PLAT FOR THE PROPERTIES COMMONLY KNOWN AS 115, 125, 145, 155 AND 165 MINERS TRAIL ROAD AND LEGALLY DESCRIBED AS LOTS 1, 2, 3, 4, 5 AND 6, MOCKLIN SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JUNE 14, 1996 IN PLAT BOOK 39 AT PAGE 92, AND FIRST AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED AUGUST 4, 1998 IN PLAT BOOK 45 AT PAGE 59. PARCEL ID #s: 2737-073-23-001, 2737-073-23-002, 2737-073-23-003, 2737-073-23-004, 2737-073-23-005, 2737-073-23-006 WHEREAS, the Community Development Department received an application from Charif Souki, represented by Davis Horn Incorporated, requesting a plat amendment to the Mocklin Subdivision, legally described as Lots 1, 2, 3, 4, 5 and 6, Mocklin Subdivision, according to the plat thereof, recorded June 14, 1996 in Plat Book 39 at page 92, and first amendment to the final plat of Mocklin Subdivision recorded August 4, 1998 in Plat Book 45 at page 59; and WHEREAS, pursuant to Section 26.480.080.13, City Council may approve an Other Amendment to a subdivision, provided that the proposed change is consistent with the approved plat; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommends approval of the amendment; and WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, during a duly noticed public hearing on December 2, 2013, the Aspen City Council approved Ordinance No. 49, Series 2013, by a to (---)vote; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the Second Amendment to the Final Plat of Mocklin Subdivision, which amends Plat Note 3 to include the following language: Mocklin Subdivision Ordinance #49, Series of 2013 Page 1 of 3 "Notwithstanding the foregoing paragraph, disturbance outside the designated building envelopes for lots 1, 2, 3, 4, 5 and 6 shall be permitted for the purposes of temporary shoring and conformance with the requirements for site drainage rules adopted by the City of Aspen. Such disturbance shall be the minimal amount required to provide shoring and comply with the site drainage requirements in accordance with §26 575.020.E.5.L of the Land Use Regulations. Any areas disturbed by shoring and site drainage activities shall be revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department. " Section 2: The applicant shall record a subdivision plat that meets the requirements of Land Use Code Section 26.480 with the Pitkin County Clerk and Recorder within 180 days of approval. Section 3• If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5• A public hearing on the ordinance shall be held on the 2nd day of December, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 m day of November, 2013. Attest: Kathryn Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted,passed and approved this_day of , 2013. Mocklin Subdivision Ordinance #49, Series of 2013 Page 2 of 3 Attest: Kathryn Koch, City Clerk Steven Skadron, Mayor Approved as to form: Jim True, City Attorney Mocklin Subdivision Ordinance #49, Series of 2013. Page 3 of 3 6..�.^•,.,.�.. «A r•- '� �.... n`�.t' r,City of Aspen � sY Community Development Dept #n0. 130 S Galena Street Aspen, CO 81611 _I N N (] a v U L6 LL. _Z a O Z N ¢1 4 fl7 e _�r"•m•a��IJLLR��O,yl� � O 3 P . jJ�� -I U � G Rf U m pI it I a z > z° m° a° ❑ 0 0 0 0 0 0 0 0 ❑ ❑ a � 7E 7 RP9N Conn-1 /2 ? /1 a Pd s� E Tai r �a% F jr `%FF F E'v 1 E S7i j IEd-idF:9:9']?27 rr!l ell:r lrr3;7111111777�1itillii$:Il�ril t l�lrrr5 �ll �i rll l 11 ;�,�5 , .w,IM1.,,�hryexuyM1F UMp+11M1�ir.,Mia�twNlka,.,mmw.l.m `i I.,..i i,, ii V Y. 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FOR�n61;y�A _,I, City of Aspen Community Development Dept r 130 S Galena Street r Aspen, CO 81611 ` WHITE MATTHEW G &SARAH E PO BOX 645 ASPEN, CO 81623 RETURN TO SENDER T ie 19 40:fit to LINASLE^ O FORWARD GiG"+ i oz tI�IIwI�II i�Ia�+RlIIII�',�6l�lallilllsllis?Ir ly�Ofl�tl9133.�i l_I ....... !f.. ... ,,,,:,,, a a.`.. 1 .- y w, up S� rya City of Aspen Community Development Dept +' F� 130 S Galena Street Aspen, CO 81611 ALIGELLO MICHAEL&GLADYS M 782 HOLLAND HILLS RD BASALT, CO 81621 FORWARD T1 E X P ;: ! fl TO SEND 2'1''32 VINE ST ASPEN CQ RA-611-3274 RETURN TO SENDER City of Aspen FpReVERUSA Community Development Dept .. 130 S Galena Street Aspen, CO 81611 RECEIVED Q''R 2013 MAX 1 LLC CITY OF ASPEN PO BOX 1285 COMU49Y DMLO NT ASPEN, CO 81612 NIXIE 302 rE 1009 0012 /12 /IS RETURN TO 'SE)IDER ATTEMPTED - NOT KNOWN UNABLE TO PORWARD 1 fS !� Lli41 tic lli.11 ll.lt l)111 hill! li''ii tiiielll`.1.130..ill�f 7..14 .6) eii ex I.a. •"3�tv= lil E tf! i 6 I ! 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T Community Development Dept I a;' J>,€ 1`..> t 't i 130 S Galena Street + �r Aspen, CO 81611 MUTRIE TIMS.f`�11 Y J PO X 6837 SNO MASS I AGE, CO 81615 T XI'E 2 adµ iOO RETURN TO SETqUER, ATTEMPTED — NOT KNOWN 'UNABLE TO FORWARD Bc.. $1 a11 � 9343 *1979 -1.1998-1.5 — 2 I �i�i� ,.9::0z 1��'1'lll„I�l!)Iflll')I,X114,I�)I)Il[l��ili17�114lI�1'111i►1ill:f City of Aspen il. !I Community Development Dept „p 130 S Galena Street _ Aspen, CO 81611 MANIE MICHAEL_B PO BOX 11373 ASPEN, CO 81612 !'4TXTe f4A� 7'G iPTAq A"A'1 ? /27 /13 6 _ . .- - RETURN TO SENDER - - '--- r - - ATTEMPTED; NOT KNOWN 4 UNABLE TO PORWAPD {i qq q 3 3C: 81f{f��tt�ttl9s[1�3Q *_" 979- 13i98Fp £,- 15 -R.� +� 9 Q Z iE�FI.#f� fif i�iFE�iIiBfiF�Elf�Ei►iEil}if li3 Fif�Ef{EIilElil �ii AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS—OF PROPERTY: _ +V CAA I Rp� 111 lz It��J ��S CU1a 'iD S �I V1-URS�Aspen, CO SCHEDULED PUBLIC HEARING DATE: n �� pe�rrc3e.R2, 20� STATE OF COLORADO ) ss. County of Pitkin ) 1, 21/1GL i �V A GL P, dl (name, please print) being or representing,�Applid6t to thel.`ity of Aspen; Colorado, 1iereb�*�er6onally certify that 7 have complied wit�i the public notice requirements of Section 26.304.06 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official - —. , paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior tQ the public hearing;.A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the_day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (.sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkjn_Co turty as they appeared no more than sixty (60) days prior to the date of the public hearing. 4 copy of the om,ners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However,the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signa The f r in davit of No 'c " was a owledge b fore e thi day of , 20 +y V1 WITNESS MY HAND AND OFFI..C�I,A/L SEAL PUBLIC NOTICE expires. RE:MOCKLIN SUBDIVISION-SUBDIVISION My commission,- AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday.December 2,2013,at a meeting to begin at 5:00 p.m.before the Aspen City Council,Council Chambers,City Hall,130 S. L. NELSON Galena St.,Aspen,to consider an application sub- Notary Public NOTARY PUBLIC miffed by Chadf Souki,for the properties located at 115,125,145,155 and 165 Miners Trail Road,rep- STATE OF COLORADO resented by Davis Horn Incorporated.The appli- cant is requesting an amendment to their Subdivi- NO'T'ARY 1�Z00�40g00�7 sion to allow disturbance outside of the approved 3 building envelopes for the purpose of temporary MY COMMISSION EXPIRES 09/25/2017 shoring during construction and site drainage im- provements on Lots 1-6. The properties are legal- ly described as Lots 1,2,3,4,5 and 6,Mocklin Subdivision,according to the plat thereof,record- ed June 14,1996 in Plat Book 39 at page 92,and first amendment u the final plat of Plat Mocklin Bo Su45 at V TL'NTS AS APPLICABLE Sion recorded August 4,1998 in Plat Book 45 at 11Y1.1'. page 59; Parcel ID#s 2737-073-23-001, * CC 2737-073-23-002, 2737-073-23-003, ON • PII 2737-073-23-004, 2737-073.23-005, /STED NOTICE (SIGN) 1 2737-073-23-006.For further information, • D GOVERNMENT AGENGIES NOTIED LI,Justin Barker at the City of Aspen Community D e- velopment Department,130 S.Galena St.,Aspen, B`c 0 ( 9 7 0 ) 4 2 9 . 2 7 9 7 , 71�lustin.barker @cityofaspen.com. • A s/SfevenSkadron.Mavor [ON OF MINERAL ESTATE OWNERS NOTICE Aspen City Council 14-65.5-103.3 AS Published in the Aspen Times on November 14, ' 2013. November 14,2013. [9706116] I r_1 Vtt I I" I L► I-+113 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1,11 C>C F- I, eA S.tib • LJT- 9 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 20_ STATE OF COLORADO ) ) ss. County of Pitkin ) 1, G-0/A NJ k) t�7 LS O (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: /V T Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 'y Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in _ height. Said notice was posted at least fifteen(15) days prior to the public hearing on the I`'I day of N� , 20 ,7, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. V Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) I Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially (�f Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gig,nature The foregoing "Affidavit of Notice"was acknowledged before me this day of (,�►�V�i �' , 20 - by �PFtY PU6, ,�: n 4.�a AND A OFFICIAL SEAL UBROOKE n e Tres: / ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 1025 HUNTER CREEK LLC 1127 VINE STREET CORP 1312 VINE LLC 211'21 TELEGRAPH RD PO BOX 1730 1512 LARIMER ST#325 SOUTHFIELD, MI 48033 VERO BEACH, FL 32961 DENVER, CO 80202 1326 VINE STREET LLC 470 HOLDING COMPANY LLC 815 VINE STREET LLC 1326 VINE ST C/O JOE KRABACHER 601 E HYMAN AVE ASPEN, CO 81611 728 E FRANCIS ASPEN, CO 81611 ASPEN, CO 81611 ABERNATHY LINDA K ADAMS RAY VINCENT ADLER FAMILY LLC 10701 WILSHIRE BLVD 2003 108 WYCKOFF AVE#2F C/O STEPHEN ADLER LOS ANGELES, CA 90024 BROOKLYN, NY 112373904 287A NASSAU ST PRINCTON, NJ 08540-4618 ADRIANCE FRANKLIN III P AERIE LLC AKTCHOURINE DMITRI 0155 LONE PINE RD#B7 PO BOX 828 536 VINE ST ASPEN, CO 81611 WAUKESHA,WI 53187-0828 ASPEN, CO 81611 ALLEN LEONARD A ALVAREZ OTILIO ARTEMIO AVILA ANASTASI JOAN PO BOX 8316 AVILA NORMA 435 VINE ST ASPEN, CO 81612 836 VINE ST ASPEN, CO 81611 ASPEN, CO 81611 AQUINO DIEGO ARCHDIOCESE OF DENVER ASPEN CENTER FOR ENVIRONMENTAL JOHNSON-AQUINO CATALINA SAINT MARYS STUDIES PO BOX 11780 1300 S STEELE ST 100 PUPPY SMITH ST ASPEN, CO 81612 DENVER, CO 80210 ASPEN, CO 81611 ASPEN HUNTER CREEK#113 LLC ASPEN SCHOOL DISTRICT NO 1 RE ASPEN SQUARE CONDO ASSOC INC C/O TERESA BRITTON 0235 HIGH SCHOOL RD 617 E COOPER PO BOX 255 ASPEN, CO 81611 ASPEN, CO 81611 BOONVILLE, NY 13309 AUGELLO MICHAEL&GLADYS M AUSTER-STEIN M LEAH B&Z 2010 REV TRUST 50% 782 HOLLAND HILLS RD PO BOX 7963 728 E FRANCIS BASALT, CO 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JANET ASPEN, CO 81612 ASPEN, CO 81611 4 CROWS NEST CR SOUTHAMPTON, NY 11968 FOX CROSSING LOT 11 LLC FOX KRISTA&HUGHES THOMAS FRANZE LUCAS&AMBER 601 E HOPKINS AVE#202 PO BOX 10190 516 VINE ST#516 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 FREDERICK FAMILY TRUST FREI MURIEL J REV TRUST FRIEDLANDER VIVIAN REV TRUST 405 DUARTE LN PO BOX 2171 527 VINE ST LADY LAKE, FL 32159 ASPEN, CO 81612 ASPEN, CO 81611 FRIEDMAN DANIEL S FRIEDMAN HAROLD&SANDRA GAGLIANO MICHAEL A 1328 VINE ST 19513 PLANTERS POINT DR 2240 E ATHENS AVE ASPEN, CO 81611 BOCA RATON, FL 33434 ORANGE, CA 92867 GALLUS SHAWN M GD ASPEN PARTNERSHIP GEIST SUSAN L 515 VINE ST 6250 N RIVER RD#11-100 PO BOX 8431 ASPEN, CO 81611 ROSEMONT, IL 60018 ASPEN, CO 81612 GENDELS STACEY A GEREB BARRY GILLETTE INGEBORG A TRUST 542 MAIN ST#200 931 VINE ST 945 GREEN ST#2 NEW ROCHELLE, NY 108017270 ASPEN, CO 81611 SAN FRANCISCO, CA 94133 GINSBERG JEROME D GOLDSMITH LYNN GOMES PEPPER JAMES EDWARD 575 5TH AVE 30 FL 40 SUNSET DR UNIT 10A GOMES 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ASPEN, CO 81611 SANTA MONICA, CA 90404-2307 PARKER JAMES PARKER STEPHEN&WYCOFF ANN PARKS CAROL S 721 VINE ST 1010 VINE ST#1010 200 NEWBURY ST ASPEN, CO 81611 ASPEN, CO 81611 BOSTON, MA 02116 PAULSON WILLIAM T PECK ROBERT P& PAULA PEGIEL TOMEK& MALGORZATA A 1043 VINE ST 1050 NINE ACRES LN 722 VINE ST ASPEN, CO 816113271 MAMARONECK, NY 10543 ASPEN, CO 81611 PEGOLOTTI DELLA J PELOWSKI KATHRYN L PETERSON DARCY PO BOX 2656 PO BOX 4645 721 VINE ST ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 PETROSIUS EDWARD W II PINKHAM SYBIL PORTER SUZANNE THOMAS&B G PO BOX 4199 423 LONG HILL DR 480 E JETER RD ASPEN, CO 81612 SHORT HILLS, NJ 07078 BARTINVILLE,TX 76226 PRIDE KRISTIN&SABA ROY PRIMIANI MARC S PRINSTER MICHAEL THOMAS 737 VINE ST 11100 SANTA MONICA BLVD#600 PO BOX 3281 ASPEN, CO 81611 LOS ANGELES, CA 90025 ASPEN, CO 81612 PRITCHARD MICHAEL D&LAURA PROESEL THOMAS N PRYMAK WILLIAM MORRIS 855 MOUNT PLEASANT 1530 W 10TH AVE 725 VINE ST WINNETKA, IL 60093 BROOMFIELD, CO 80020 ASPEN, CO 81611 PUGH SUSAN LYNNE&ROBERT PURCELL EDWARD T&ANNE CELESTE RACHILLA KALA M GERALD PO BOX 1003 PO BOX 3184 5445 E JAMES RD ASPEN, CO 81612-1003 ASPEN, CO 81612 BLOOMINGTON, IN 47408 RAM PROPERTIES LLC RANKIN ROBERT E&JOYCE S RAUCHENBERGER CARL TRUST PO BOX 7107 773 CR 112 11644 WEMBLEY DR WILMINGTON, DE 19803 CARBONDALE, CO 81623 HUNTLEY, IL 601426310 RAUPP MARVIN L RAY GAYLE A TRUST READ TRACY LEEFE 2629 MANHATTAN AV PMB277 634 CASTLE PINES DR S 622 S AMERICA ST HERMOSA BEACH, CA 90254 CASTLE ROCK, CO 80108 COVINGTON, LA 70433 REP .PLINGER WILLIAM M RESTAINO-BECKER TRUST 7/27/2007 RHINES MELISSA E 1125 VINE ST 72 ALDER AVE 515 VINE ST ASPEN, CO 81611 SAN ANSELMO, CA 94960 ASPEN, CO 81611 RICHARDS RACHEL E RICHMAN MARK RICHMOND ILENE LIV TRUST PO BOX 3393 1700 S BAYSHORE LN#6A 714 N ROXBURY DR ASPEN, CO 81612 COCONUT GROVE, FL 33133 BEVERLY HILLS, CA 90210 RIDLING JERRY B&MURIEL M ROBERTS DENISE M ROGERS MARY ELLEN& PETER S 1110 STONYBROOK DR 536 VINE ST 240 E 76TH ST #15M NAPA, CA 94558 ASPEN, CO 81611 NEW YORK, NY 10021 RONICK MEL&RUTH 1992 TRUST ROSELLE VERONICA ROSENFIELD ANITA 347 RIDGE RD 295 WESTWOOD AVE#3 250 RAINTRAIL RD BELVEDERE TIBURON, CA 94920 LONG BRANCH, NJ 07740 SEDONA,AZ 86351 ROSIN RICHARD&DRITA ROSKIEWICZ MICHAEL&ANDREA ROTHCHILD JOHN H TRUST 50% PO BOX 2416 538 VINE ST ROTHCHILD SUSAN BERNS TRST 50% BIRMINGHAM, MI 48012 ASPEN, CO 81611 5 ISLAND AVE#11J MIAMI BEACH, FL 331391327 ROUSE SUE RUBEL ANDREA RYAN KYM& PAT TOP FLAT 29 MARLOES RD 400 W MAIN-STE 207 624 VINE ST LONDON ASPEN, CO 81611 ASPEN, CO 81611 UNITED KINGDOM W861-G, SANDERS RICHARD ALLEN SARNO JOHN J JR 2001 REV TRUST SAUER CHRISTINA L 2041 BROOK HIGHLAND RIDGE 6 EUSTIS ST 0155 LONE PINE RD#A20 BIRMINGHAM,AL 35242 STONEHAM, MA 02180 ASPEN, CO 81611 SBARBARO JAMES A SCHNEIDER SID SCHULTZ RESIDENCE TRUST FBO ET AL 20 NONA BROOKS CT UNIT H 40 SUNSET DR #10A C/O ERICH W SCHULTZ PUEBLO, CO 81005 BASALT, CO 81621 4038 NW NORTHCLIFF BEND, OR 97701 SEHNAL JENNIFER H SEUBERT KAREN A SHERIDAN MARY ELLEN PO BOX 909 738 VINE ST 213 VINE ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 SHERMAN YONEKO SUZUKI SHOSTAC DAVID SICKLER JENNIFER 1001 VINE ST SHOSTAC ALEXES 6642 RUTGERS ASPEN, CO 81611 2509 AIKEN AVE HOUSTON,TX 77005 LOS ANGELES, CA 90052 SILVE' JEROME D SILVER STEPHANIE SINGER SHERI L SKADRON STEVEN J 6835 FOX LAKE DR S 185 W LUPINE DR 1022 VINE ST INDIANAPOLIS, IN 46278-1223 ASPEN, CO 81611 ASPEN, CO 81611-3272 SKLAR STEVEN SMITH BETH A SMITH MICHAEL J PO BOX 1934 PO BOX 1758 PO BOX 9792 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 SMITH NANCY ROSS SPECK KARIN C SPEER CHRISTINE REV TRUST 315 J WILLRICH CIR PO BOX 9912 PO BOX 2734 FOREST HILL, MD 21050 ASPEN, CO 81612 BONITA SPRINGS, FL 34133 SPIEKERMANN MICHAEL STANLEY NANCY C STEADMAN PAMALA 558 30TH ST 8918 BURTON WY#4 PO BOX 10037 MANHATTAN BEACH, CA 90266 BEVERLY HILLS, CA 90211 ASPEN, CO 81612 STEPHENS RICHARD L STEPHENSON TERRY ANN STILES TROY 832 VINE ST 633 VINE ST 627 VINE ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 816113267 STINES STOWMAN L II STITT KENDRA LEIGH IRREV TRUST STRAKA VIRGINIA C 622 VINE ST 1450 SILVER KING DR 0155 LONE PINE RD A-15 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 STRICKLAND W SCOTT SZORADI STEPHEN TALARICO MEGAN M PO BOX 2526 232 VINE ST 726 VINE ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 TAYLOR LAURA J THIEMER FRED TIDWELL JOAN 535 VINE ST 1051 VINE ST 734 VINE ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 TOBEL KEVIN W& MARY LYNN TOWNSEND R JAMES TRAN DANNY 8085 LOCKLIN 1112 VINE ST 0716 VINE ST COMMERCE TWSP, MI 48032 ASPEN, CO 81611 ASPEN, CO 81611 TRAN HONG HUONG TULLMAN DEBORAH UKRAINE JOHN M 814 W BLEEKER ST#C1 623 VINE ST 2 OLD PENZANCE RD ASPEN, CO 81611 ASPEN, CO 81611 ROCKPORT, MA 019662243 JI UNKNOWN VALLEY ORTHOPAEDIC ASSOCIATES VAUGHAN PATRICK 155 LONE PINE RD#A6 1450 E VALLEY RD#201 908 VINE ST ASPEN, CO 81611 BASALT, CO 81621 ASPEN, CO 81611 VERNIER WILLIAM J VINE STREET RENTALS LLC W L&GAYLE HUNT 2007 ASPEN QPRT VERNIER GLADYS M 928 MAPLETON AVE 4401 N MESA 2040 DAVIS ST BOULDER, CO 80304 EL PASO,TX 79902 WYANDOTTE, MI 48192-3537 WABISZEWSKI KATHRYN WALKER ROBERT J WALLACH ANNE M PO BOX 943 3917 CANTERBURY RD PETRILLO ANDREW MICHAEL ASPEN, CO 81612 BALTIMORE, MD 212181704 5190 UPPER CATTLE CREEK RD CARBONDALE, CO 81623 WALLACH HOWARD B AND BETTY S WALLE GABRIELE WARLOP ELIZABETH F 2229 TROY AVE PO BOX 1588 21 3RD ST BROOKLYN, NY 11234 ASPEN, CO 81612 BROOKLYN, NY 11231-4805 WEIL JONAS WEISS RONALD K&JODI L WENDLING NAN JEAN 12826 WETHERSFIELD RD 3000 TOWN CENTER STE 540 124 VINE ST SCOTTSDALE,AZ 85259 SOUTHFIELD, MI 48075 ASPEN, CO 81611 WENZEL KAREN M WERTZ JEFFREY LARKIN WHIPPLE RALPH U&LYNNE C 1125 VINE ST 717 VINE ST 24 MIDDLE DR ASPEN, CO 81611 ASPEN, CO 81611 PLANDOME, NY 11030-1415 WHITE MATTHEW G&SARAH E WHITING RYAN L WICHMANN VICTORIA PO BOX 645 521 VINE ST PO BOX 4388 ASPEN, CO 81623 ASPEN, CO 81611 ASPEN, CO 81612 WIENER WILLIAM B JR WONG MARGARET S-K 50% o WOOLLEY SUSAN C 333 TEXAS ST#2290 WONG CHRISTOPHER SENG-YUEN 50% 823 VINE ST SHREVEPORT, LA 71101 835 VINE ST ASPEN, CO 81612 ASPEN, CO 81611-3269 I I WRAITH STEPHEN KERR WRIGHT THOMAS&ANNE YOUN CHAN JU&KUN CHEE PO BOX 11553 7253 WATERVIEW POINT 11101 S COUNTRY SQUIRE I ASPEN, CO 81612 NOBLESVILLE, IN 46062 HOUSTON, TX 77024 III ZAPPIA JOSEPH ZAUNER HEINZ JUERGEN REV TRUST 517 VINE ST 0451 STAGECOACH LN ASPEN, CO 81611 CARBONDALE, CO 81623 III I ?C_;t>r_t o� _ i L5- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: `_ M ct K I,N S"'_J0"4 i')1 s 1 0--, , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 20_ STATE OF COLORADO ) ss. County of Pitkin ) I I e r h (name,please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: J\/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. s -° Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was osted at least fifteen(15) days prior to the public hearing on the day of WoL) , 20 11, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. 0 Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for (15) days prior to the public hearing on such amendments. )LI Signature The foregoing"Affidavit of Notice"was knowledged bef me this Lday of 1 --�-, , 20_&,by lY`�t0 `` illI„ '�111111q� WITNESS MY HAND AND OFFICIAL SEAL ���pr1N IO ""'" ..0 y commission expir 0 NOTA�� �`• pUBLIG ,•`p Qary Public cm ATTACHMENTS AS APPLICABLE: • COPYOF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. X24-65.5-103.3 �i a ., °.i Wj PUBLIC NOTICE w u :, � •S��"� � _- � ,lac �� �' _ � ��c �lr ,. � w.• x a s. Time- Place: m� Fb C' s a � � 7 s � Ile � 141 . '`-�"�.' �.. P z v,�m^�r �a� �<".. k�' -5'"� � ��dl t."LJ�I�rJtl "',7}''�'�I -.., ,a. ^"�•i;-�.,"*� ".s � r ,.. „,..°-� > r x-x�-�':``° ..:•` 'x,.�'-', ;•�, -w,r�-•�a, `�. K a'tea'-s�, � +,.a §�„':� ` r .. " «; " •-_._�, �... s ..`Qs'.� R'�r•�y ,�. .-. �;'�c .+.: a 'ate'; a ��g�� �,�&.4n.,C� � - ,,.u$ n � q N "94-M . � -'-a. R �.r�,•- , ��r".r.. a�.. ' -- ; 7.,• �. " ,�+r- ate. .�� '�€ � .<, ,: +�'' ��°- 4sr�; ,,:g""`°.. ,.N3.x � ��i" x« x "a',i.` ,p^.' d .«w+^�.:•�m t,;a-^`� r k.,.`q:' C x�<+.'4'.' Sk >�, _ r G �,- s�-'..� •e �� ��-..�.: 4 ��:'x'as '. `�,� �^: � -�`:emu _. '- w-.3�„.:;;a, " '�:.`ti Regular Meeting Aspen City Council November 11, 2013 • Resolution #100, 2013 - Burlingame Phase 2 Change Orders • Minutes - October 28, 2013 • ESPN Winter Concerts Wagner Park All in favor, motion carried. Councilman Daily left Council Chambers. ORDINANCE #49, SERIES OF 2013—Mocklin Subdivision Amendment Justin Barker, community development department, told Council this subdivision is located along Lone Pine road and is 6 single family and 1 multi-family lot. The original 1995 plat contains a note prohibiting development other than native vegetation outside the defined building envelopes of the 6 free market lots to protect natural landscape. The note was amended several years later to resolve a conflict with this note and the necessity to remove some contaminated soils located in the Smuggler Superfund site. The applicant is requesting an amendment to add additional language to allow for temporary shoring and site drainage improvements to occur outside the building envelopes but only during the period of construction. Barker pointed out this falls under"other amendments" in the land use code, requiring Council approval; however, there are no criteria for"other amendments" and the only stipulation is that Council must determine the amendment is consistent with the approved plat. Councilman Mullins asked why if it was important to not compromise the native landscape originally that has changed. Barker said the amendment allows for the property owners to comply with city drainage regulations and to allow for different construction than originally anticipated. The building envelopes stay the same and the landscape will be protected. Councilman Romero moved to read Ordinance 449, Series of 2013; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 49 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE SUBDIVISION PLAT FOR THE PROPERTIES COMMONLY KNOWN AS 115, 125, 145, 155 AND 165 MINERS TRAIL ROAD AND LEGALLY DESCRIBED AS LOTS 1, 2,3, 4, 5 AND 6, MOCKLIN SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JUNE 14, 1996 IN PLAT BOOK 39 AT PAGE 92, AND FIRST AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED AUGUST 4, 1998 IN PLAT BOOK 45 AT PAGE 59. 4 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Justin Barker, Planner RE: Mocklin Subdivision — Subdivision Plat Amendment, First Reading of Ordinance #19 Series of 2013, Second Reading is scheduled for December 2, 2013 MEETING DATE: November 11, 2013 SUMMARY: The Mocklin VW Subdivision contains 6 single-family lots and 1 multi-family lot. The applicant proposes to amend the subdivision to add language in a plat note allowing for temporary shoring during construction of the subgrade 5K G walls and drainage improvements outside of the existing building envelope on the 6 single-family lots. N, ; The current plat note does not allow any disturbance outside of the - # envelope except to mitigate for contaminated soils in the Smuggler SOUTHAVS Mountain Superfund Site. Ak, Lots I-6, Mocklin Subdivision This type of amendment is considered an Other Amendment and requires Council approval, provided the proposed change is consistent with the approved plat. The purpose of the amendment is to allow what would be considered typical development that is otherwise restricted by existing plat notes. The proposed amendment does not affect the physical nature of the subdivision and is consistent with the intent of the approvals outlined in the plat. Staff recommends APPROVAL. APPLICANT: Charif Souki, represented by Davis Horn Incorporated. ADDRESSES: Lots 1, 2, 3, 4, 5 and 6, Mocklin Subdivision, according to the Plat thereof, recorded June 14, 1996 in Plat Book 39 at Page 92 and First Amendment to the Final Plat of Mocklin Subdivision recorded August 4, 1998 in Plat Book 45 at Page 59. Page 1 of 4 ZONING: (R-15A) Moderate Density Residential. PRIOR APPROVALS: • City Council Approvals ■ In July 1995, Council approved the Mocklin Subdivision by Ordinance No. 35, Series of 1995. The approval created 6 free-market lots and 1 affordable housing lot. • Other Approvals ■ In June 1998, the Community Development Director approved an Insubstantial Amendment to eliminate the necessity for lift stations, and revise one of the plat notes in order to eliminate a conflict with a condition of approval. BACKGROUND: The Mocklin Subdivision was originally approved through Ordinance No. 35, Series of 1995. As part of this approval, one of the conditions (4.g.) was to include notes on the Final Plat preventing future development (other than native vegetation) outside of the building envelope in order to protect the natural landscape. Another condition of approval (5.b.) was to comply with the Institutional Controls adopted by the City for the Smuggler Superfund Site. These conditions were memorialized in the recorded Final Plat and Subdivision Agreement, respectively. A conflict between these two conditions was realized from the fact that compliance with the adopted Institutional Controls required that all contaminated soils be remediated. Portions of the Mocklin Subdivision located outside of the approved building envelopes contain contaminated soils. Therefore, in order to remediate contaminated soils to comply with condition 5.b, disturbance would be required outside of the envelopes, causing a conflict with condition 4.g. This conflict was resolved through an insubstantial amendment by the Community Development Director, revising Plat Note#3 to read as follows: "Fencing, patios, decks, hot tubs, landscaping other than native vegetation, and all other development shall be prohibited outside of the designated building envelopes on lots 1, 2, 3, 4, 5, and 6 to protect the natural landscape; however, disturbance of areas outside of the designated building envelopes as is reasonably necessary to comply with the institutional controls which have been adopted by the City of Aspen for the Smuggler Mountain Superfund Site and to obtain EPA certification that all contaminated soils have been remediated, shall be permitted provided the owner limits the disturbance and associated removal of vegetation to the minimum required to comply with the institutional controls and the recommendations of the Aspen/Pitkin County Environmental Health Department and to obtain EPA certification, existing vegetation shall be preserve to the extent feasible and all disturbed areas shall be revegetated wit native species, in accordance with a landscape plan that is reviewed and approved by the City of Aspen Parks Department. After the soil remediation activities are completed, all building construction shall be limited to within the designated building envelopes, as depicted hereon, and all road and utility construction shall be limited to within the rights-of-way and easements depicted hereon. " Page 2 of 4 The owner of Lot 4, the last undeveloped lot, would like to construct a single-family home that requires temporary shoring outside of the envelope in order to construct the subgrade walls. The final structure will still be contained within the approved building envelope once completed. Development on the site also requires compliance with the City of Aspen drainage requirements. The initial application proposed creating several different types of development envelopes specifically for Lot 4 in order to allow these improvements. After several discussions, staff encouraged the applicant to approach this more holistically by amending the subdivision plat instead of creating exceptions for one lot. This creates a similar benefit to all of the single-family lot owners in the subdivision. The result is the current application. The proposed temporary shoring and site drainage work outside the building envelope are in conflict with Plat Note #3. In order to resolve this conflict, the applicant proposes to amend the plat to include the following under Plat Note #3: "Notwithstanding the foregoing paragraph, disturbance outside the designated building envelopes for lots 1, 2, 3, 4, S and 6 shall be permitted for the purposes of temporary shoring and conformance with the requirements for site drainage rules adopted by the City of Aspen. Such disturbance shall be on the site surface and be the minimal amount required to provide shoring and comply with the site drainage requirements. Any areas disturbed by shoring and site drainage activities shall be revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department. " STAFF EVALUATION: The original purpose for creating building envelopes in the Mocklin Subdivision was to protect the native landscaping that exists on site, specifically the sagebrush on the southern side of the subdivision. With the amended application, the applicant intends to maintain the existing envelope as approved. This way the native landscaping is not compromised and additional development rights are not granted to a single property owner over another. However, the proposed development is still difficult given the current plat notes which restrict any sort of disturbance outside of the envelope, even for purposes other than the Superfund Site Institutional Controls that are required by the City of Aspen. The original plat note was intended to prevent artificial features from extending into the native landscape, and did not anticipate alternative construction methods or additional City requirements. The proposed amendment, similar to the first amendment to this subdivision, is being made in response to unanticipated conflicts in the language of the plat notes. This type of amendment does not have specified review criteria. The only requirement is that the amendment must be consistent with the approved plat, as determined by Council. Staff finds that the proposed amendment does not affect the physical nature of the subdivision and is consistent with the intent of the approvals outlined in the plat. The additional language still limits development to the areas prescribed by the original building envelopes, while allowing for varied construction techniques and necessary site work. Page 3 of 4 STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the proposed amendment is consistent with the approved plat and recommends APPROVAL to amend the plat for the Mocklin Subdivision. PROPOSED MOTION (All motions are worded in the affirmative): "I move to approve Ordinance No. , Series of 2013, on First Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A —Application Page 4 of 4 ORDINANCE NO. (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE SUBDIVISION PLAT FOR THE PROPERTIES COMMONLY KNOWN AS 115, 125, 145, 155 AND 165 MINERS TRAIL ROAD AND LEGALLY DESCRIBED AS LOTS 1, 2, 3, 4, 5 AND 6, MOCKLIN SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JUNE 14, 1996 IN PLAT BOOK 39 AT PAGE 92, AND FIRST AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED AUGUST 4, 1998 IN PLAT BOOK 45 AT PAGE 59. PARCEL ID #s: 2737-073-23-001, 2737-073-23-002, 2737-073-23-003, 2737-073-23-004, 2737-073-23-005, 2737-073-23-006 WHEREAS, the Community Development Department received an application from Charif Souki, represented by Davis Horn Incorporated, requesting a plat amendment to the Mocklin Subdivision, legally described as Lots 1, 2, 3, 4, 5 and 6, Mocklin Subdivision, according to the plat thereof, recorded June 14, 1996 in Plat Book 39 at page 92, and first amendment to the final plat of Mocklin Subdivision recorded August 4, 1998 in Plat Book 45 at page 59; and WHEREAS,pursuant to Section 26.480.080.13, City Council may approve an Other Amendment to a subdivision, provided that the proposed change is consistent with the approved plat; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommends approval of the amendment; and WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, during a duly noticed public hearing on December 2, 2013, the Aspen City Council approved Ordinance No. , Series 2013, by a to L-j vote; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the Second Amendment to the Final Plat of Mocklin Subdivision, which amends Plat Note 3 to include the following language: Mocklin Subdivision Ordinance #, Series of 2013 Page 1 of 3 Notwithstanding the foregoing paragraph, disturbance outside the designated building envelopes for lots 1, 2, 3, 4, 5 and 6 shall be permitted for the purposes of temporary shoring and conformance with the requirements for site drainage rules adopted by the City of Aspen. Such disturbance shall be on the site surface and be the minimal amount required to provide shoring and comply with the site drainage requirements. Any areas disturbed by shoring and site drainage activities shall be revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department. " Section 2• The applicant shall record a subdivision plat that meets the requirements of Land Use Code Section 26.480 with the Pitkin County Clerk and Recorder within 180 days of approval. Section 3• If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4• This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5• A public hearing on the ordinance shall be held on the 2nd day of December, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11`" day of November, 2013. Attest: Kathryn Koch, City Clerk Steven Skadron, Mayor FINALLY,adopted, passed and approved this day of 12013. Attest: Kathryn Koch, City Clerk Steven Skadron, Mayor Mocklin Subdivision Ordinance #, Series of 2013 Page 2 of 3 Approved as to form: Jim True, City Attorney Mocklin Subdivision Ordinance#, Series of 2013 Page 3 of 3 v s r %c. PLANNING & REAL ESTATE CONSULTING October 8, 2013 ,° " �oft r Justin Barker r ji City of Aspen Community Development Department �4MMU� O1 /4'sPEIV 130 South Galena Street NlyDEVEL Aspen, Colorado 81611 HT Re: Lot 4, Mocklin Subdivision Plat Amendment Dear Justin: Charif Souki ("Applicant") owns Lot 4, Mocklin Subdivision, a vacant lot. The Applicant is represented by Davis Horn Incorporated in a June, 2013 land use application for a Plat Amendment to Mocklin Subdivision Lot 4. The land use application sought to amend the Plat to create a Landscape Envelope and a Temporary Shoring Envelope which would permit "development" outside of the approved building envelope. After the initial review of our land use application, the Community Development Department encouraged the Applicant to amend the land use application and abandon the proposal to create additional envelopes. The Applicant has complied with the direction suggested by the Community Development Department. Attachment 1 is the proposed second Amendment to the Final Plat of the Mocklin Subdivision. The Applicant proposes adding language to Plat Note 3. The new language will permit temporary shoring and drainage improvements outside of the building envelopes on lots 1-6. The Second Amendment to the Final Plat of the Mocklin Subdivision includes the existing Plat note# 3 which reads as follows (see Attachment 1): "Fencing, patios, decks, hot tubs,landscaping other than native vegetation and all other development shall be prohibited outside of the designated building envelopes on Lots, 1, 2,3, 4, 5 and 6 to protect the natural landscape; however disturbance of areas outside of the designated building envelopes as is reasonably necessary to comply with the institutional controls which have been adopted by the City of Aspen for the Smuggler Mountain Superfund Site, and to obtain EPA certification that all contaminated soils have been remediated shall be permitted provided the owner limits the disturbance and associated removal of vegetation to the minimum required to comply with the Aspen/Pitkin County Environmental Health Department, ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN,COLORADO 81611 • 970/925-6587 • FAX:970/925-5180 adavis @rof.net ghorn @rof.net and to obtain EPA certification existing vegetation shall be preserved to the extent feasible and all disturbed areas shall be revegetated with native species in accordance with a landscape plan that is reviewed and approved by the City of Aspen Parks Department. After the soil remediation activities are completed. All building construction shall be limited to within the designated envelopes as depicted hereon, and all road and utility construction shall be limited within the rights of way and easements depicted hereon." The Applicant proposes adding the following language to Plat note# 3 (see Attachment 1). "Notwithstanding the foregoing paragraph, disturbance outside the designated building envelopes for lots 1, 2, 3,4, 5 and 6 shall be permitted for the purposes of temporary shoring and conformance with requirements for site drainage rules adopted by the City of Aspen. Such disturbance shall be on the site surface and be the minimal amount required to provide shoring and comply with the site drainage requirements. Any areas disturbed by shoring and site drainage activities shall be revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department." We visited the site with Brian Flynn and Jennifer DiCuollo, Landscape Architect with DHM Design. As agreed upon at our site visit, all planting outside of the building envelope will be comprised of native vegetation as depicted on the Landscape Plan (see Attachment 2). There are seven lots in the Mocklin Subdivision. Lots 1-6 are approved for single family dwelling units. Lot 7 is improved with a building which houses six multi-family dwelling units. The multi-family dwelling units are owned by the owners of the six single-family lots. Attachment 3 includes letters from the owners of Lots 1, 3, 4 and 5 of the Mocklin Subdivision consenting to the proposed Plat Amendment. Call me if you need any additional information. Please schedule this item for consideration by the City Council as soon as possible. Thank you for your assistance. Sincerely, DAVIS HORN INCORPORATED )JL/�-- GLENN HORN AICP 7"7 RE LII N SUBDIVISION FINAL PLAT OF I�iOCK A�IEII�ENTTOTHE SECOND THE SOUTHWEST a TED IN DARTER SECTION 7,TOWNSHIP 10 SOUTH, A TRACT OF LAND SITUA GE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN RAN COLORADO OF ASPEN, COUNTY OF PITKIN, STATE OF COL CITY � ,� I IA3�. • CERTIFICATE OF OWNERSHIP SHEET 1 OF KNOW ALL MEN BY THESE PRESENTS CURVE TA9lE' BEARING ceoaD J` -"' RADIUS TANGENT DELTA 4389, N' CURVE LENGTH .21.95' 2'09'45" N 77'6106"W 80.84, +?h„ vTMi 7]p I ECORDED JUNE 14,19961N PLAT BOOK 39 AT PAGE 92 AND FIRST AMENDMENTTO THE FINAL PIATOf MOCKUN PURPOSE STATEMENT CS 43.90' 1163.00' 899.00• N 82'zb'29"W THAT THE UNDERSIGNED,BEING THE OWNER IN FEE SIMPLE OF ALLOT THE LAND WITHIN LOT 4,MOCKLIN SUBDIVISION,ACCORDING TO TH PLATTHEREOF,R 1998IN P_,BOOK 45 AT PAGE 59. 80.91' 536.00' R0' X86.38'82"W 1,2Y SUBDIVISION RECORDED AUGUST 4, 120 536.00 1.12' °•1413" 1b.18' ( 2 �akA 34,SAND6 FORTEMPORARY SHORING AND SITE THE PURPOSE OF THIS SECOND AMENDED PUTT OF MOCKLIN SUBDIVISION IS TO AMEND PLAT NOTE 3T0 PERMIT t618 536.00' rye3.35'73"W \ � ��til.}��" A COUNTY OF PITKIN DISTURBANCE OUTSIDE OF THE BUILDING ENVELOPES ON LOTS,1,2, ab 536.W 11.32' 1'2511' 38 M, a Y STATE OFF "IN00 DRAIN AGE, c1c 22.b4' 19.95' C1d 39 88' 536.00' 4.9T 2'4B'1T S 26.57' u A s, SAID OWNERS HEREBY AMENDS SAID PLAT AS FOLLOWS: C3 9.94' 2°3.60' 43'18'11" 567.4°'54"E - 00. AMENDMENT TO PLAT NOTES T �I a MOCKLIN SUBDIVISIONAMEND THE FIRST AMENDMENT TO THE FINAL PLAT OFTHE MOCKUN SUBDIVISION CHARIF THE UNDERSIGNED MONICA M-MOCKLIN BEING 7HE PRESIDENT OF THE MOCKUN SUB6IVISION HOMEOWNERS ASSOCIATION AND SOUKI,THE OWNER OF LOT 4, Yl t! T S - 'IT NOTE 3ASFOLLOWS PL AT NOTE 3 FROM FIRST AMENDMENT TOT HE FINAL PUTT OF THE MOCKLIN SUBDIVISION RECORDED AT PLAT BOOK 45,PAGE 59 READS AS FOUND RE6AR6UP1328fi93 FOLLOWS: 3 '_ LIANOSCAPE;HOWEVER 1 f DECKS, LANDSCAPING OTHER THiN�AT45AND6TO PROTECTTHE NAETURA ELDPMENT SHALL BE PROHIBITED EASEMENT FENCING,PATIOS, qND 70 I t a 1P ! I r7� r 1 �2 is 5 �a Y OUTSIDE OF THE DESIGNATED BUILDING ENVELOPES ON LOTS, LOT 7 1. .L - + 'T0p'�D•D6• -."'' 6 }t, '�'` •rxR'T�S,..IrP�'?hr^�F DISNRBANCE OF AREAS OUTSIDE OF TH%,E)EIGNATED BUILDING ENVELOPESI' OREASONABLYNECESSARYTO COMPLYWDHTHE pp .LTa w EAasls IN57TTU ANCE CONTROLS WHICH HAVEEN ADOPTED BYTHECIEBEEASPENDIAIED MALLHE ER MOUNTAIN SUPERFUNDS" la UTILITY DF'aEap,N6f 20' OBTITUTIO CERON.TRTIONTHATALLCONTAMINATEDSOILSHAVEBEENREMEDIATEDSHALLBEPERMrtTEDPROVIDEDTHEOWHERUMRS CEMENT :�F=x ?+ _. so' SroeD,�"W VICINITY MAP THE DISTURBANCE AND ASSOCIATED REMOVALOF VEGETATION TO THE MINIMUM REQUIRED TO COMPLYWIRiTHE ASPENIPffKIN COUNTY + l` SCALE. ENVIRONMENTAL HEALTH DEPARTMENT, TO OBTAIN EPACERTIFICATIONEXRTING VEGETATION SHALL OE PRESERVED TPN EXTENT ' '�_� ]89.62• try uMEW _--� NDALL ROAD AND UTILITY RE8AR6 .� + EMENr 10' -��_/ FEASIBLE AND ALL DISTURBED AREAS SHALL OE REVEGETATED WITH NATIAFTER TIES1011RE RDANCEWITHALANOSCAPE PLAN THAT D U IS CAP lS FOUND ftEBAP8UPl518fi43 REVIEWED AND APPROVED BY THE CITY OF ASPEN PARKS DEPARTMENT.AFTER THE SOIL REMEDWTON ACTIVITIES ARE COMPLETED.ALL M.N. ,'-� BENCH MARRELEV•7909.6' REVIEWGCONSTRUCTION SHALL BE LIMITEDTO WITHIN THE WAY EASEMENTS P - / `j ' +e J` 1 Ne9•zD'o7'W ly CONSTRUCTION SHALL BE LIMITED WITHIN THE RIGHTS OF WAY AND EASEMENTS AMENDMENT ON. / 3aT�13702 J / + ADDITIONAL LA BE ADDED TO PLAT NOTES AS PART OF THIS SECOND AMENDMENT TO THE FINAL FLAT OFTHE MOCKLIN / r ;,_� 11 ` _L=D-•W SUBDIVISION: -- Al + yp'op•uTlu` PLATNOTES 3,4,5 DISTURBANCE OUTSIDE THE DESIGNATED BUILDING ENVELOPESFOROR SFR D /W / EASEMENT, NOTWITHSTANbING THE FOREGOING PARAGRAPH, S .p 1)DATE OF SURVEY:OCTOBER 2031. ,P�,Yi +8 + 10 GE REDUIREMENTS.ANY AREAS DISNRBED BY SHORING AND SITE DRAINAGE unuTY /• OF ASPEN.SUCH DISNRBANCESHALL BE ON THE SITE 5URFACE pND BETHE MINIMAL AMOUNT REQUIREDTO / ` JUNE 2013. ANO 6 SHALL BE PERMITTED FOR THE PURPOSES OF TEMPORARY SHORING AND CONFORMANCE W ITN REDUIREMENTS FOR SFIEDRAINAGE - 1 RULES ADOPTED BY THE CIT' DRAINA Np9CAPE PU+N THAT IS APPROVED BY 7HE CRV + + T'E/SEMEHf 2)DATE OF PREPARATON:OCTOBER 2612, 4,AFOUND REBAR&CAP PROVIDE SHORING qND COMPLY WITH THE SITE SFORMER / L0T4 ` CORNEROFLOT ROVI TES SHALL BE REVEGETATED WITH NATIVE PLANT SPECIES IN ACCORDANCE WITH p UY EASEMENY 20,z66 saFr. g - OFASPENPARKSDEPARTMENT. �� + 6uIlOING ..465 ACRES 3 ��FDUNDRE8A8• , 3)BA5150F BEARING:ABEARING OF 500'40'0°"W FRO NORTH FAST 1073 / ENVELOPE / `� 1 IS 2964 L.S.#28643,AN0 THE SOUTH EASTCORNER OF SAID LOT,AFOUND REBAR&CAP LS.#29643. EXECUTED THIS__DAY OF �+ �.'TG. ,'i / &_bJ ` / 'THE FRST AMENDMENT TO THE FINAL PIATOF MDCKUN SUBONISION RECORDED 4)BASIS OF SURVEY:THE FINAL PLAT OF MOCKIIN SUBDIVISION RECORDED JUNE 14,""IN SUBDIVISION BOOK 39 PAGE 92 AS �� �m6a6ENa `\ 1 1 RECEPTION NUMBER 393681, VARIOUS DOCUMENTS OF RECORD,AND \ ERGEN \ / % AUGUST 4,19981N BOOK 45 AT PAGE 59 AS RECEPTION NUMBER 420218, BY. EAS6mENT� THE FOUND MONUMENTS,AS SHOWN. LOT 40WNER:CHARIF SOUKI Al. 1 Sr. RIGHTS OF WAY AND/OR TFFLE OF �� ) / / 5)-IS'U' DOES NOTCONSTiTU'TE ATITI'E SEARCH BY 50PHIS ENGINEERING,LLC{SE1TD0 IN OWNERSHIP I STATE OF COLD \ `,; 3 1 O OR EASEMENTS OF RECORD.FOR ALL INFORMATION REGARDING EASEMENTS, 55 . 1 �1 RECORD,SE RELIED UPON THE ABOVE SAID PLATS DESCRIBEO IN NOTE 4,ANDTHEITRE COMMITMENT9REPARED COUNTY OF�) J 2013 BY CHARIF SOUKI,AS \ + / BY PITKIN COUNTY TITLE,INC.CASE NO.PCf23410W5,EFFE[TNE DATE OF MAY 11.1°11. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS__DAY OF \ =I ,Ci 6 THE LINEAR UNIT US ED IN THE PREPARATION OF THIS PLAT IS THE U S-SUOSA FOOT AS DEFINE BY7HE UNITED OWNER )STATES DEPARTMENT OF COMMERCE,NATIONAL INSTTfUTE WITNESS MY HAND AND OFFICIAL SEAL: LOTS MY COMMISSION EXPIRES:___ � \ r/ NOTARY PUBLIC �N� / "7" AND S6T10'S4'E 10.76'InE1 y - 10'unLm `;' '1 SURVEYOR'SCERTIFICATE BY. ,I cNYQR DO HEREBY CERTIFY THAT I HAVEDEOICATED AND SNOWI�' MONICA M.MOCKLIN,PRESIDENT OFTNE HOMEOWNERS ASSOCIATION n N FOUND REBAR a EASEMENT " `S' I MARK 5.BECKLER,p REGISTERED LAND SURVEYOR, UP IS i8663 AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDMSION AS LAID OUT,PLATTED, STATE OF COLORADO )S5 /' / HEREON,7HAT THE SAME 15Bg5ED ON FIELD SUPVEYSPERfORMED UNDER My SUPERVISION;THATTHIS MEETS THE 2013 BY MONICA M.MOCKUN, REQUIREMENTS OF A LANO SURVEY PLAT AS SET FORTH IN CRS SECTION 38-51-106;THE CONTROL PREUSION IS COUNTY OF_� GREATER THANSIN 15,000.RECORDED EASEMENTS,RIGHTS-OF-WAY AND RESTRICTONSARETHOSE SETfORTH IN SOWS EFFECNVE DATE DAY OF �� FOUPE6Ag8W 1528643 ' THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS—_ THE TER COMMITMENTS PREPARED BY PITKIN COUNT'TITLE INC.UNDER CASE NO.PCT734 CIATION MAY 11,2012. PRESIDENT OF THE HOMEOWNERS A550 �J WITNESS MY HAND AND OFFICIAL SEAL* �i• DATED ='2013 MY COMMISSION EXPIRES:---- CITY OF ASPEN GpS MARON 6PS3 GARMISM&FRANCIS COMROL NOTARY PUBLIC CITY OF ASPEN GPS RON CONTROL GPS-5 GALENA HDPKINS MARKS.BECKLER,P.LS.N0.18W3 I TITLE COMPANY CERTIFICATE LOT THE UNDERSIGNED,ADULY-AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE INC-,REGISTEREDTO DO BUSINESS IN PITKIN COUNTY, GRAPHICSCALE 80 LOT7 LOTS COLORADO,DOES HEREBY CER_nHOTHATTHE PERSON LISTED AS OWNER ON THIS MAP HOLDS FEE SIMPLE TITLE TO THE REAL ESTATE IS p qND AGREEDTHAT PITKIN COUNTY TITLE,INC. D D xD aD J DESCRIBED HEREON FREE AND 1.CLEAR A ALL LIENSONO ENCUMBRANCES EXCEPTFOR THE UEN OFTME MORTW I'NAMED HE ALTHOUGH WE BELIEVE THE FA CTS STATED ON WISE ENDED FTRLEP AND ITT IS UNDETM�O JLITyW EISOEVER BE AMY ENT C CONTAINED TRUE, OF TITLE NOR AN OPINION OF TITLE, LOTS LOT NEITHER ASWE"',OE WILL RECHARGED WITH ANY FINANCIAL OBLIGATION NOR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINE 2D �NEEZrjl HEREIN. ft L0T2 OFFICE OF —_DATE 20�' LOT 3 CLERK AND RECORDER'S ACCEPTANCE M.,THIS__DAY Of ACCE THI55ECOND AMENDMENT TO THE FINAL PIA GOOF MOCK TSUBDIVISIONO�CLOCK DFOR FILING IN THE DAY BY: OF PITKIN COUNTY TIRE,INC. THE CLERK AND RECORDER OF PITKIN COUNTY, AT PAGE .RECEPTION NO.�= ASTHE�— COMMUNITY DEVELOPMENT DIRECTOR REVIEW ,zo13,IN PUTBOOK zo13. MOCKLIN SUBDIVISION KEY MAP THIS SECOND AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBO YIOF WAS REVIEWED01 THE CITY OF ASPEN S-LE—_ STATE OF COLORADO ) L.". PRNIN COUNTY CLERK AND RECORDER )SS COM I EV LOPME T E ART ENT IS I COUNTYOFPITKIN I ASTHE `• - 2013BY_� COMMUNITY DEVELOPMENT DIRECTOR THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS_DAY OF 'Y4 1 i OF PITKIN COUNTYTITLE,INC. �G 1(' ;'"AaN SOPRIS ENGINEERING - LLC _ MY COMMISSION EXPIRES: -- CITY ENGINEER'S REVIEW 'rxls P,iA r _V REVIEWED 9M3YK�� CIVIL CONSULTANTS WITNESS MY HAND AND SEAL THIS oar oF�-2°L3• 502 MAIN STREET,SUITE A3 I CARBONDALE,COLORADO 81623 eu[efi:0 3IDEru FnR6 z.a,mMa M°d"rvo-H 1EDa1 a6 rsE�IWNEER/NG ytirP,0a,'(ilif T fv(V(%Y g-raw,,,ON1 S (970)704-0311 SOPRISENG @SOPRISENG,COM CITY�ENGINEER NOTARY PUBLIC INDnDE:A[WRDINGTD DF�ER NTH65MVEY WDN NTNR�YfARSFCA[ ACDON EPSFDEIRON ANY ARERV W f1AEL ODCOVFRLIOi DEFER.IN ND EVENTMAY ANY ACDDN YUAf FROM TILE DATE Of QRERIUnON SNDWN HLPEDNMD�TMN�N ATTACHMENT • I EXISTING TREE TO REMAIN; \ SEE SHEET L-2.1 FOR TREE ,/y `` MINERS TRAIL ROAD I poss PROTECTION NOTES AND PROTECTION FENCING DETAIL RAIN GARDEN/STORM 3.2"ASPEN TREE TO BE PLANTING PLAN NOTES: WATER PLANTER;SEE REMOVED,NO MITIGATION CIVIL DWGS FOR GRADING _• ` REQUIRED 1 AND DETAILS i \��, -- — - PRIOR TO INSTALLATION. EXISTING TREE TO APPROVED BY THE OWNER'S REP ,•,•, -••, '•' // `�, - - — --- - - --- ALL PLANT MATERIAL TO BE ' PT-3 - •,•-• // ••• - - '- - -- REMAIN;SEE SHEET 2. TREES IDENTIFIED ON PLANTING PLAN AS"SPECIMEN TREES"ARE J 50.7 / I L-2.1 FOR TREE TO BE HAND SELECTED BY LANDSCAPE ARCHITECT. !m a STEEL EDGER - • Y 5 - PROTECTION NOTES '�� j B 8308 FENCING DETAIL BUILDINGS,IOANIDIOTHER STRUCTURES AT ALL TIMES. IINE GRADING r„ S 1 FED PROTEC CSA-20 ,/ PVP'18 SHALL BE APPROVED PRIOR TO SEEDING. SO-4 • - PVP-16 • % 4. INSTALL MULCH IN PLANTING BEDS PER PLANTING SPECS. PT-1 '.'.'. '. _�.... .._,.. .... ,.._. . CSA-3 EXISTING 3"EVERGREEN '-•• ' TREE TO BE REMOVED;NO ® -16 �• PT-3 _._.........._... SSB-18 5. INSTALL LANDSCAPE EDGER AS SHOWN ON PLAN.EDGER TYPE MITIGATION REQUIRED PVP-16 > SO-3 PER SPECS. CcnwuaN PV-1 SPECIMEN '• WATER CSA'2 ' 6. SEE CIVIL PLANS FOR PROPOSED GRADES. TREE;SEE NOTES WATER FEATURE FEATURE DESIGN q STEEL EDGER RAIN GARDEN!STORM SEE PLANT LIST AREAS OF DISTURBANCE BAN E WITH NATIVE SEED MIX. •-->y.•.•- WATER PLANTER;SEE SJA-B CIVIL DWGS FOR B. THE CONTRACTOR SHALL FINE GRADE ALL AREAS TO BE PLANTED. LANDSCAPE ARCHOECIURE GO-5(F15),. '.'.:-:••• _ GRADING AND DETAILS THE CONTRACTOR SHALL REMOVE REQUIRED DEPTH OF SOIL LAND PLANNMG PM-2 _ PG-2 '• --• -= AK-2 CSA-1 ALONG WALKWAYS ALK WAYS TO ACCOMMODATE SEED,TOPSOIL,OR MULCH URBAN DESON . .:: .4-.'. -.•.I DEPTH. 311 Main Sheet,SUile 102 EXISTING S"EVERGREEN'o / PC-3 Caibonoale CO.81623 1 970.963.6520 TREE TO BE REMOVED;NO ❑ -f - B. AUTOMATIC IRRIGATION TO BE PROVIDED TO ALL DISTURBED MITIGATION REQUIRED i•, SJA-2 ❑ GARAGE. AREAS. • HRS-1 ❑ - SEE ARCH DWGS. PT-3 PPU_I CSA-2 _ BJ 30 ❑ _ SO-5 10. IRRIGATION PLANS TO BE PROVIDED DESIGN/BUILD BY PM-1 1...•. - LN_22 - CCG-1 SPECIMEN '.I•, CONTRACTOR.IRRIGATION SOURCE TO BE DOMESTIC WATER SS•1 7 1 •� TREE;SEE NOTES :�:• SOURCED FROM RESIDENCE PLANS TO BE APPROVED BY HSE 3 ANP-3 - LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION. HRS-2 06.01.13 50%CONSIRBC110N DOCBMEMS GO-5(F15) �.'.'- STEEL EDGER q 11. PER THE CITY OF ASPEN PARKS DEPARTMENT,EXISTING TREES TO �� HSE-3 _ L'2' BE REMOVED WITH A CALIPER OF 6"OR GREATER REQUIRE 07 03.13 95%CON. DOCUMENTS • -_ HR 30 AK-2 LN-24 0 MITIGATION.ALL TREES TO BE REMOVED AS A PART OF THIS 09.06.13 95%CO REVISIONS BJ•3D AFF-3 - HC-3 AFF-3 o PROJECT HAVE A CALIPER OF LESS THAN B". '• o _ _ PA-1 12. TREES TO REMAIN WILL BE PROTECTED PER CITY OF ASPEN �•__ 0 0 0 - _ r SJA-3 CONSTRUCTION REQUIREMENTS FOR EXCAVATION ADJACENT TO PA 1 RESIDENCE -f• _ ••• 50-3 PROTECTED RESOURCES.SEE NOTES,SHEET L-2.1,FOR CITY OF PERENNIAL VINES TO GROW UP SEE ARCH DWGS. .. �' ' ASPEN PARKS DEPARTMENT CONSTRUCTION REQUIREMENTS. a STEEL EDGER SCREEN/TRELLIS ON BUILDING; RFVnlenu L-2. o SEE ARCH DWGS.FOR SCREEN/ - - _ TRELLIS.DETAILS - - OUTDOOR KITCHEN; .•.p zl SJA-2 SEEARCH.DWGS. . .,.p LEGEND: alpa-10 PATIO SJA-8 z a.l .._ m a l PATIO ••-•,•,•,iiiiii PROPOSED TREES EXISTING TREE TO REMAIN; .,• ^.'.- ..:1. - .. i- .. -. ———— —————————————— ———————————————— J SEE SHEET L-2.1 FOR TREE BUILDING ENVELOPE PROTECTION NOTES AND AA-2 SOUKI RESIDENCE PROTECTION FENCING I _ _ _ -_ ,- _._ _ _ _ CN_1 DETAIL O EXISTING TREES TO ASPEN,COLORADO REMAIN N-2 ( AT-2 AA-1 AT-1 I1' EXISTING TREES TO CN-1 I BE REMOVED AT-2 I ...,. CM-1 ! /••f' I c- +• PROPOSED SHRUBS I SUPPLEMENTAL NATIVE UNDISTURBED NATIVE AREA, r � ////j/// PROPOSED SHRUBS TO ENHANCE RE-VEGETATE/RESTORE WITH _ ( f I PERENNIALS AND EXISTING LANDSCAPE. NATIVE SEED AS NEEDED �,� GROUND COVER WORK IN THIS AREA TO BE , AAA PLANTS TO BE PLACED IN l LIMITS OF FIELD. I COORDINATED WITH ASPEN �' CN-2 . DISTURBANCE --.. ,_,.• - - LOW GROW NATIVE PARKS DEPARTMENT) .. . ..... .'. SEED CM-3 SUPPLEMENTAL NATIVE w+9;errno: NATIVE SEED SHRUBS TO ENHANCE EXISTING LANDSCAPE. RE-VEGETATION PLANTS TO BE PLACED IN I FIELD. sxtTrnnc••- LANDSCAPE � CM-1 PLAN 6 L I k --__--___- L-2.0 t : N D q 6 6 SCALE.1IV'=1'-0" "T"e.�l IIYILI�1 puss PLANT LIST: TREE REMOVAL NOTES TREES - 1)SEE CONSTRUCTION MANAGEMENT PLAN FOR LIMITS OF DISTURBANCE,FENCE Botank Name Common Nama KEY WAN MN.9¢E LAYOUT AND DETAILS. ASPEN PARKS DEPARTMENT(920-5120)MUST BE CONTACTED I[ cCT t W C.L.gus a s�aiN internee Thamia:CackapurHewlhome PRIOR TO ANY ADJUSTMENT TO LIMITS OF DISTURBANCE(PROTECTION FENCING. M. PT S 2.5"Po lus tremuloides Guakin Aspen P 5 2.5"muN -P.lue tremuloldes Gaakln Aid" 2)RECEIVER SITES FOR TRANSPLANTED TREES TO BE COORDINATED WITH ASPEN ` f • PA 2 tD'-nu,amIntcama gmerkan Plum PARKS AND APPROVED BY OWNER. PV I g multl I.N. mlana'Sltuben' Canede Ratl ChoXeaher 3)CONTACT LANDSCAPE ARCHITECT IMMEDIATELY IF ANY TREE SHOWN AS'TO PPU 10 Pkea ens ealorado 6 mce REMAIN'IS TO BE REMOVED DUE TO CONSTRUCTION ACTIVITIES. sHRUB9 - --- 4)CODE-SIZE TREES TO REMAIN UNLESS OTHERWISE NOTED ON THIS PLAN. KEY WAN MPL SaE B-h-C,Name Common Name 5)TREE REMOVAL PERMIT DOCUMENT IS ON FILE AT THE ASPEN PARKS DEPARTMENT 5 m.1— a1an C, eskampn e u OFFICE AT 8 5 Get.Ad-tila tddemale Tell Waal in saps CM 5 SGaI.Ce¢CCar ue monlenus Paounlaln Men CONSTRUCTION REQUIREMENTS FOR EXCAVATION ADJACENT T PROTECTED C"! 12 5Gal.Chr solh3mua n.nauneoem Opxt Bkm RaCbitbrush -° ----°---------.--.- CSA is SGaL COmuseedcea'Amtla Fire' qm IlnD RESOURCES.PER CITY OF ASPEN PARKS DEPARTMENT cc�;cu,M PM 3 B Gat.Ph loss us mon nus klountaln Nlnehark S.W 20 51331,s Iwsa a onlCa'AIWAOra' Japanese While 5 area 1)PROTECTION FENCING:SS 6Ge1.S med sorhiblia ral False Splma A VEGETATION PROTECTION FENCE SHALL BE ERECTEDATTHE DRIP LINE OF EACH Emu SG 22 5-SYmphadcamoa oe cemaus 5noehe INDIVIDUAL TREE OR GROUPINGS OF TREES ON SITE.THIS FENCE MUST BE "-" ------ INSPECTED BY THE CITY FORESTER OR HIS/HER DESIGNEE(920.5120)BEFORE ANY VINES CONSTRUCTION ACTIVITIES ARE TO COMMENCE.NO EXCAVATION,STORAGE OF LANDSCAPE ARCHITECTURE NE WAN MPI.s¢E Bobnk ell 1Cammon Noma MATERIALS,STORAGE OF CONSTRUCTION BACKFILL,STORAGE OF EQUIPMENT,FOOT LAND PLANNING PG t0 I Gal.Parthenaclseus m uefalia VI nia C OR VEHICLE TRAFFIC ALLOWED WITHIN THE DRIP LINE OF ANY TREE ON SITE. URBAN DESKIN 2)EXCAVATION ORNAMENTAL GRASS - ! - ALL EXCAVATIONS WITH IN THE GRIP ZONE WILL BE REQUIRED TO BE VERTICAL 311 Main Street,Suite 102 KEY tNlAN MPI.9¢E E.in Name Cammoe Nama EXCAVATION ONLY WITH NO OVER DIGGING.EXCAVATIONS WILL BE SOIL STABILIZED Cabontlale CO.81623 1 970963.6520 80 5I t Gal. 11.in pmcllu slue Crarrxrta%ass IN A MANNER THAT PREVENTS OVER EXCAVATION OF THE SITE. PVP 50 1 Gel.Panicum N alum Pmtde Sk Prairie S Blue Switch tars 3)A MANNER TAMENOMENTS: SSB 67 1 Gal.Selixaan dum sco dum Hlaze' &aze Little Bluestein(xaas ALL ROOTS SHALL BE CUT PRIOR TO FULL EXCAVATION USING A CLEAN,SHARP PERENNIALS PRUNING SAW.ALL ROOTS WILL BE CUT FLUSH WITH THE EXPOSED SOIL LINE. KEY'GRAN MN.S¢E Eorank Name Common Name 4)MULCHING: AK 4 1 Gal.Amncua dldcua'Kneilif Gaatsbeard SIX INCHES OF MULCH ARE REQUIRED TO BE PLACED WITH IN THE ZONE OF !;pk AFF 8 7 Gal.AUtydum Nlx-kmina tad Fem VEGETATION PROTECTION.THE MULCH SHALL BE MAINTAINED AT A LEVEL OF S ANP 3..._ 1.Gal.ANYdum nipanieum Piclum'_-_ Japanese Patnle0 Fam INCHES DURING THE ENTIRE PROJECT. 05.01.13 50%CONSTRUCTION DOCUMENTS ------.. BJ BO 1(sat.Bmnnara maemph Ils'Jaoh Fmet Ja kFnrii Brunnaia-"-""-- 5)IRRIGATION' 07.03.13 95%CONSTRUCTION DOCUMENTS GO 70 Ft5 Galium od-ul Swe I Waedms IRRIGATION OF TREES IS REQUIRED THROUGH OUT THE ENTIRE LENGTH OF THE GS 7 Csx,Geranium son abeam eloa oraneshlll 09.05.13 95%DO REVISIONS HC B 1 Gel,Heuoheo ChocWate Rubles' Chaeelste RuAlea Coral Belle PROJECT.THE CONTRACTOR WILL SUPPLY WATER TO THE TREES AT A RATE WHICH IS HRS 5 I Gel.Nolte TE al stendeN' Ro d stand Hoata APPROPRIATE FOR PROPER HEALTH.ADDITIONAL WATERING WILL TAKE PLACE HsE B I Gal.Hosts siebddiena'Elegans' Ela ens Plentaln:11, ALONG THE EDGE OF THE ROOTS CUTTING.THE CONTRACTOR WILL BE REQUIRED TO LN 46 I Gal.L Intachie nummulana Mone won PLACE A BURLAP PROTECTION COVER OVER THE CUT ROOTS.THE CONTRACTOR PC 3 1 6a1.Polemanium ceemlem Jaca6S Wdoer WILL IRRIGATE THE BURLAP WITH AN APPROPRIATE AMOUNT OF WATER IN ORDER TO ...............'....._........' LOW GROW NATIVE SEED MIX KEEP THE BURLAP MOIST. _ _......................._... Mar si Eodnlc Nama Common Nama AI hte Bhl ale i._....._......«................ 25 FastuCa rubs Red Fescue ..............i................ 25 Festuaa axata per.dudasoub Ham Fescue . 100'Lollard muWSOmm Annual R e%ass ! •Cawr Crop,seed at mte o/5.10 da/1000 a.E ?n 'ar _..._... I �� e64!L3'NTFmI_ 'me DRae Lsa NATIVE RESTROATION AREA SEED MIX"' ..._....Poa we acre Eehnk Name Common Name �! 3 Am an I,oChycwIum Slender Whe3lgmas _ ',1.. '-Yj a. us marginatus lratus 1111- I Bmme •' __ _ opstz ll lneoalde6 Indan Ritepnai � -'''( Pia TREBEtpR1P1 TAIlxp '-.... -._---..._.--,__-_.._.___ 2A. �n ass txh um Thkks Ike Whea rags / Ar 2 Agin n smiths Western Vlhaetprasa �' ; 2 Featuee anzanica gdzWe Feaaae ---� SOUKI RESIDENCE 05 Pda sand6 1 sandbar@ Btu �� 0.5 Permtemort sNClua Rock N,.a -MM.Wnon 0.5 U.N.lawail Blue Flea ASPEN,COLORADO Wpinua alPnLts — _ Mountain LU ins - , tYTIHDs 0.5 Is lanr 161tz La Ce avo Cn2 L AcDIrIQiK n MCT.o is MTSIM AT'WE Cxtln Lre Chrysomanus nauseosus iuhbeT RabbiNmsh nrnr o£t=E>S:r 1p.revJY/;E. E; 0.3 Artemisia sk,Ida Fringad SapehNSh -��Zy;,� 1� i 0.2 Artamesia ludmimana =rams Sae - ` Wotk to ne0ve mekmtlan area lobe Coordinated with A%pan Parks Depamnenl TREE PROTECTION FENCING AT DRIP LINE PER CITY OF ASPEN CODE SECTION NOTTOSCALE j i ....__..-......... _.-.__..-.__-.._.__..... 7 P50hCTN6 t SIEU TITX - PLANT LIST AND NOTES L-2. 1 Al VACHMENT P®ss / PRUNE DAMAGED OR DEAD �a.r WOOD AS DIRECTED BY OWNERS 1 REPRESENTATIVE 00 NOT CUT LEADER CONCRETE EDGER;PER PLANS' PATIO OR PRUNE OOD IMMEDIATELYDPROR DEAD IOR O PLANTING. _ WRAP ENTIRE SURFACE OF ---'—""" "' SET SHRUB 1"HIGHER THAN THE ������-' TRUNK UP TO SECOND BRANCH GRADE AT WHICH H GREW w"�nem WITH TWO LAYER CREPE TREE WRAP T-0"MIN. SECURED F TOP AND BOTTOM AS THE CON AINEIR OR AS MORE MID &AT TWO FOOT INTERVALS;SEE NOTES. PLANT TREE WI TOP OF ROOTBALL APPLY MULCH 2" APPLY FIR FIBER OR ROCK MULCH N DEEP. 1.2"ABOVE FINAL GRADE DEEP IN SHRUB BEDS. NOTE:MULCH DEPTH AROUND PLANT BASE MAY BETHINNER.DO NOT BURY PLANT LANDSCAPE ARCHITECTURE MULCH RING,MIN.30"IN DIA., WITH MULCH. 1ANA OES'GNG PULL MULCH 0' PULL MULCH BACK 0"FROM URBAN,S,.8 FROM TRUNK , TRUNK. 1"MIN. PLANT SPACING AS SPECIFIED 311 Mold.l.CC Suite 102 '� REMOVE CONTAINER. AND APPROVED BY LANDSCAPE Caroontlale C0.81627 1 970.967.6520 4"HEIGHT WATER SAUCER IN ARCHITECT IN FIELD ` r �� ROUGHEN SIDES OF PLANT PIT. NON-TURF AREAS ,y SCORE SIDES OF R0�SLY ✓i ND P ON i ✓; BACKFILL WITH AMENDED SOIL ; I - OF R00 DU TER MIX. PRIOR I I I WITH PLAN TO PLANTING TB S 1 C�•✓u. AFTER TREE IS SET IN PLANTING �2XOIAM�TER!I FILLPLANTPIT .. 1 •r LLTWINE&WIRE SEE SPECS. .. I ,..': I,L. il� I'i. .,I% '' REMOVE PIT,REMOVE A N ue. ._....:ROOTBAIh ,,! 1. I Iil. I �I , IMMEDIATELY FROM TOP&SIDES OF ROOTBALL I , BACK 113(MIN.) I I i I-•_� I I I._LANTI ER p NG PIT TO BE 2x WID O6 0113 50%CONSIAUC110N ODCUMENIS PULL BURLAP 01.03.19 95%CONSTRUCTION DOCUMENTS - I 3x DIAMETER OF —i' SET ROOTBALL ON UNDISTURBED DI ° T' 09.06.13 95%CD RENISION3 THAN AMETER FPO ROOTBALL MIN i I' "' SUBGRADE•DO NOT OVER-EXCAVATE NOTES: TER MIX;SEE SPECS. =1;1 ..., .._ WILL BE REJECTED. BACKFILL WITH PLAN ANY BROKEN OR CRUMBLING R00 NOTES; 1.MULCH SHOULD BE 4"DEEP. REMOVING THE CONTAINERS WILL NOT BEAN EXCUSE FOR DAMAGED OR LARGER MAY IE STAKED FOR ONE YEAR IF ROOTBALLS. 2.ALL TREES 3'DIAMETER OR CURB _ PROPOSED BY LANDSCAPE CONTRACTOR AND APPROVED BY OWNER 2,HOLD GRADE 1"BELOW EDGE OF WALK Remw s REPRESENTATIVE. 3 PERENNIALS AND GROUND COVERS NOT TO SCALE 2 SHRUB PLANTING L-2.2 NOT TO SCALE DECIDUOUS TREE PLANTING NOT TO SCALE SDUKI RESIDENCE L-2.2 ASPEN,COLORADO SHRUB BED WITH 4" MULCH DEPTH z SEEDED AREA PER PLANTING PLAN I PLANT UST TOP SOIL PER SPECS O 14 GAUGE ROLL-TOP STEEL EDGER °p� \ \/\/ / / / rROICCTNO. O0 n O REFER TO SPECS ° D ° i ......., 1.._I SHE-TiPI[ METAL STAKES PER EDGER MANUFACTURER PLANTING DETAILS NOTES: 1.SET ALL EDGING T'ABOVE FINISH GRADE AS SHOWN. ALL 2 PERPENDICULAR OR AS SHOWN CONCRETE PLANS.AND FLUSHS WI GRADES OF PAVING. L 3.ALL JOINTS TO BE SECURELY S TAKED, 4.EDGINGTOBEPARALLELWITHGRADE, SPECIFICATIONS 5.INSTALL EDGER PER MANUFACTURERS DIRECT ED USING SPLICES AND CORNERS AS ! q STEEL EDGER NOT TO SCALE ATTACHMENT 3 August 14,2013 Charif Souk! c/o Poss Architecture 605 East Main Street Aspen,Colorado 81611 Re: Plat Note Amendment; Mocklin Subdivision Dear Mr.Souki, I have reviewed the proposed amended plat note language below and I am in agreement with the amendment to the language of the plat for the Mocklin Subdivision. I understand that the first paragraph below is the current plat note language and that the second paragraph is proposed to be added to that language. 3. Fencing, patios, decks, hot tubs, landscaping other than native vegetation, and all other development shall be prohibited outside of the designated building envelopes on lots 1, 2', 3, 4, 5, and 6 to protect the natural landscape; however, disturbance of areas outside of the designated building envelope as is reasonably necessary to comply with the institutional controls which have been adopted by the City of Aspen for the Smuggler Mountain superfund site, and to obtain EPA certification that all contaminated soils have been remediated, shall be permitted provided the owner limits the disturbance and associated removal of vegetation to the minimum required to comply with the institutional controls and the recommendations of the Aspen/Pitkin County Environmental Health Department, and to obtain EPA certification. Existing vegetation shall be preserved to the extent feasible and all disturbed areas shall be revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department. After the soil remediation activities are completed, all building construction shall be limited to within the designated building envelopes, as depicted hereon, and all road and utility construction shall be limited to within the rights-of-way and easements depicted hereon. Notwithstanding the forgoing. ara rah disturbance outside the designated buildin envelopes for lots 12 3 4 5 and 6 shall be permitted for the purposes of temporary shoring and conformance with requirements for site drainage rules adopted by the City of Aspen. Such disturbance shall be on the site surface or below the surface and be the minimal amount required to provide shoring and comply with the site drainage requirements Any areas disturbed by shoring and site drainage activities shall be'revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department Sincerely `% Please Print Name and Lot Number Owned 'dug 't I<, 2,023 ATTACHMENT 3 COW Swuki rq�u -,uss Ar&,,zU cture GOS East Maki Street A n,p 0 n,Col rz d,o 8 1 G,I I Re: Flat NO--Amcndnient;Mockffn.Sul�dhwsik)n Dear Mr.,Souki, 1 have Wowed the lamposed wn0ndqd plat r(zt,* Unjuage balbw c4 4i I�tm in ,;,.reknnent oith, the amundment zo the k)nguaga wr the plot fur the mackUn Sub divkjinn, I under-stand th iA. the first paraguoh beim A the curmnt gitt note languiaga and that V� wmnd (`.augaph Is pwpomd too, 6d(�,�-cj to dizit lang,,,,ja e 3, Fvn,:jrU., ?mtm)5, (;lecl'5' �hot 1�irdscapin� uLh,4i than native vegFIatian, and aLl other dL -jeluprnent S'nall roe proh%lted-ot tside of th:L,dtiignoted by-ilel,"rrg envetc1pes on !uts 1, 2o, 3), 5, aild 6 to protpci, thf' natural la67&c4pe,; ho'we".Ver, disturtianco of arv;zs uutside of the ,d',`!Jgr1,ated bUilding PnV6.11ope as is mosorably necessary to comply w6th the 13i alt it's t`zsi 'w hit h1vo- been, by Lhe City of Aspen for t,,�%Smu,-glcr MOUP1,41i14:1 5onerfund ON,nod to obSin ON cartifkation thot-III co'f),'mminzitpel soils haws "been r-em;im-tated, itie Pefirlitted ovided v1,.* ownmr l5rniu, di'turbance and 'AmgoriiaTed femovil VveseWtiur, o OIL, rn4lifoun) remvirpd ''n with lzl�'e if"StAution.at Controls and.thy? recornmendutiom ^jf the A,-s'pvrj/PiLkin (,ceunty Favim-nmontal mvwth orpiv ment", and to w3tain EPA certificotion b5bag • egt"tIn shall he preserwori :to the extent feasibEe and all disturbed afeas shaU be re,ve�etatted vith, nativa plant spud . in aaabowe with a landscap=e plan tha: s approws-d ba,. the City of A5pen illams :)eparvnant, Mot the swill remedhithn actwiities axe compl"Pd, all b, Hding,constru.,.rtk-m mhak be i,,,irnitcd to within the dedpated bu"'.Irding envelopes,as.depicted hercon, and al; road ar,,.d utility t:E�rtstruction sliall be lim4t#d to within 1.1he riZhts-of-vw*j wnd eaac tninits d46.picTed her#wi- A VIM V1 or U L �A l;l ire Prsnt :Jarric:ar*,d Lot Oiwmd L oTL1 ATTACHMENT 3 August 14,2013 Charif Souki c/o Poss Architecture 605 Cast Main Street Aspen, Colorado 81611 Ile: Plat Note Amendment; Mocklin Subdivision Dear Mr.Souki, I have reviewed tite proposed amended plat note language below and I ant in agreement with the amendment to the language of the plat for the Mocklin Subdivision. I understand that the first paragraph below is the current plat note language and that the second paragraph is proposed to be added to that language. 3, Fencing, patios, decks, hot tubs, landscaping other than native vegetation, and all other development shall be prohibited outside of the designated building envelopes oil lots 1, 2,, 3, 4, 5, and 6 to protect the natural landscape; however, disturbance of areas outside of the designated building envelope as is reasonably necessary to conllaly with the institutional controls which have been adopted by the City of Aspen for the Smuggler Mountain superfunl site, and to obtain CPA certification that all contaminated soils have been reniediated, shall be permitted provided the owner limits the disturbance and associated removal of vegetation to the minimum required to comply with the institutional controls and the recommendations of the Aspen/Pitkin County Environmental Health Department, and to obtain EPA certification. Existing vegetation shall be preserved to the extent feasible and all disturbed areas shall be revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department.- After the soil remediation-activities are completed, all building construction shall be limited to withirt the designated building envelopes, as depicted hereon, and all road and utility construction shall be limited to within the rights-of-way and easements depicted hereon. Notwithstanding the forgcaing_g;irranh, ciistcrrbance oEitsicie, the desinatecl buildn envelo tE,;es for tats_12 3 4 5,_and G•shall be raernLitted for the u►'?pses of ten porary shoring; and conformance wlth regj rements_ d by the, it.of Aspen. Such clisturbance shall be on the site surface or below the surface..and be the minimai amount required to rovide shoring arld comply with the site drainage re c luirgments, /1n areas disturbed try sharing and site drainage activities shalt be reveget led with native plants e;.- in accordance with a landscape plan that is approved by the city of Astaen harks DeLartment. Sincerely s t A � tirt . 0<:t..' fr✓tom. ,�7",".1,°'j�'�,/`B S`':!�+"�,'' 7 6+'/", 1 Please Print Name and Lot Number Owned ATTACHMo o 3 August 15, tiC13 Mr,CharifSouki c/o Poss Architecture 605 East Main Street Aspen,Colorado 81611 Re: Plat Mote Amendment; Mocklin Subdivision Dear Mr, Souki; l have reviewed the proposed arriended plat note language below and i aria in agreement with the arrrendment to the language of the plat for the Mockiin Subdivision, j understand that the first paragraph below is the current piat note lanuraage and that the .second paragraph is proposed to be added to that language. 3. Fencing, patios, decks, root tubs, landscaping other than native vegetation, and all other development shall be prohibited outside of the designated building envelopes on lots 1, 2, , 3, 4, S; and 6 to protect the natural landscape; however, disturbance of areas outside of the designated building envelope as is reasonably necessary to comply with the institutional controls which have been adopvM by the Cite of Aspen for the Smrigfiler` Mountain superfund site, and to obtain EPA cert'€ticat,"un that all contaminated soil's have been rernedi,ated, shall be permitted provided the owner Iirnits the disturbance and associated removal of vegetation to the minimum required to comply with tine institutional controls and the recommendations of the Aspen/P akin County En'vir€anmental Health Department, and to obtain EPA certification. vegetation shall he preserved to the extent feasible and all disturbed areas shall be 4e,vegetated with ,native plant species in acfojdatice with a landscape plan that is approved by the City of Aspen barks Department. After the soil remediation activities are completed, all building construction shall be limited to within the designated buildin4q ienvelopes, as depicted hereon, and all macs and utility construction shall be limited to within the rights-of-way any P-asernents depicted hereon. Notwithstandir the ror. oin ara r«pl7 �'rst rrbarrce cautsitle t�e deli na d uiIdir rtvelopes for Iots 1,2,W3 ,_Sand 6 shall be errriittert for sloe our Uts cif tramps rar'y 3`horin and conformance with rec uireraaertts for sat? rlraina-ge rule �iAp;ted i ,th .r it�o%�s�en. Such disturbance shall be on the site surface or below the sa rfa4:e and ,e the rqaniMal amount required to orovide shorine and corrruly with tae site dr Jnj&ft reouirernents. In,' �:reas clisttrrbed say st or n arac€ situ t#rairaa e activities shall be rep t ,tpd )A€tl� native %clan sEecies - - - - - in accordance with a landscape C.2n that is ap rc�c=d ay the t it rt nspen?arks C?e �a� rtn;: rat Sincerely Woody L. Murat Stage load Lot 3 ,Awl To address this conflict, the a_ pplicant requests an insubstantial order to Plat amendment to revise plat note number 3. in permit such disturbance Outside o the esignated building envelopes -as is—reasonably`necessary to com — g P y with the institutional controls and to obtain EPA certification thift­011--ant a _soils-have beet�emediated. of While the Mocklins were aware that their property was located within the S Mountain Superfund Site, the extent of the required remediation had not been determined No at the time the Subdivision was approved. Also, the requested revisions to the approved sewer plan were, at the time of the approvals_, thought to be the-best way-of providing No sanitary sewer service to the affected lots. N No The applicant has committed that, while disturbance envelopes woul outside of the designated buildin d be required the will limit the disturbance and associated er mo vegetation to the romum required to comply val of recommendations o e Aspen/Pitkin Coun En onmental institutional and the obtain rp c lca'on. Existing vegetation would be reserved to the extentt, aasnd to and all disturbed,areas_would be revegetated with native species. The applicant ble stated that they will submit to the Environment ealth Depaxtmenpa has also control plan and a construction and soil disturbance plan which fugitive dust institutional controls as required by condition number 5.b. of Ordinances 35-95 and Paragraph E.2. of the Mocklin Subdivision Agreement. The applicant has also committed to, after the soil remediation activities are completed, limiting all building c to within the designated building envelopes, as originally approved, and to limiting alloroad and utility construction to within the right-of--way and easements depicted on the recorded final plat. RECOMMENDATION: Staff recommends Amendment for the Moc approval of the Insubstantial Plat �j Win Subdivision with the following conditions: 1. All conditions of prior approvals, as described in Ordinance 35, Series of 1995 remain in full force and affect as conditions of this approval, with the exception that condition 4.g. of said ordinance is hereby amended to read as follows: "The final plat and plan shall include notes preventing future development, including without limitation landscaping (other than native vegetation), fencing, patios, decks, hot tubs, and all other development outside of the building envelopes to protect the natural landscape; however, disturbance of areas outside of the designated building envelopes as is reasonably necessary to i comply with the Institutional Controls and to obtain EPA certification that all contaminated soils have been remediated shall be permitted provided the applicant limits the disturbance and associated removal of vegetation to the minimum required to comply with the Institutional Controls and the recommendations of the Aspen/Pitkin County Environmental Health Department, and to obtain EPA certification. Existing vegetation shall be preserved to the extent feasible and all disturbed areas shall be revegetated with native species, in accordance with a landscape plan that is reviewed and approved by the City of Aspen Parks Department. After the soil remediation 3 activities are completed, all building construction shall be limited to within the designated building envelopes, as originally approved, and all road and utility construction shall be limited to within the right-of-way and easements depicted on the recorded final plat." 2. The revised plat shall indicate the limits of the existing trail easement, but shall not show the "trail centerline," is the centerline tends to move from time to time, but is always within the easement. 3. The stairs at Gibson Avenue must not be disturbed by any utility excavation installation, and any potential impact to the trail, stairs, or landscaping must be fully coordinated with and approved by the City parks Department. 4. No trees shall be removed or relocated unless the appropriate permit(s) have been issued by the Parks Department Forester. All trees shown to be preserved must have construction or snow fencing placed around the perimeter of the drip line of the trees, and no excavation or placement of fill shall occur within the driplines of these trees. 5. Prior to the issuance of an building g permits,the sanitary sewer plans must be formally reviewed and approved by the Aspen Consolidated Sanitation District (ACSD); the cost of this review and subsequent construction observation shall be borne by the applicant and the funds covering these costs must be placed in escrow with the District AA prior to construction; the contractor for the sewer work must be approved by the District and qualified to work in a Superfund site; easements for the future maintenance and repair of the on-site sewer system shall be granted according to standard District form; a contractor's bond and insurance is required to guarantee the system for a period of two years. 6. Any utilities to be placed in areas of fill shall meet the minimum depths for utility measured from final fill and grading. A 7. The applicant shall install infrastructure improvements. streetlights concurrently with the installation of A A 8. Pursuant to Section 26.88.040(C)(4)(a)(20) of the Aspen Municipal Code,the applicant shall install a survey range point monument, and it must be tied to the new City survey A grid. 9. All material representations made by the applicant in this application shall be A to and shall be considered conditions of approval, unless otherwise amended by adhered M Community Development Director, the City Engineer, or a Board/Commission having authority to do so. A A EXHIBITS: Exhibit A-Application Packet; and,Exhibit B -Referral Comments A APPROVED BY: A A ��. iz .fig A Stan Claus A Community Development Director A A 4 A A� Aspen City Council Regular Meeting August 28 1995 units would probably be replaced in duplex or triplexes and some in the free market houses. If Mocklin tore down his building, he would have to replace 7 bedrooms and 3500 square feet. Ms. Lamont told Council if the building was torn down, there would be a credit to the land based on bedrooms for the park development fees. This would be traded out for building. These fees are reassessed every two years but the fee is not due until a building permit is taken out. With 6 four-bedroom houses, the city will get about $20,000 in park development impact fees. If the building were torn down and credit accrued, the park development fee could be as low as $12,000. Ms. Lamont reminded Council they requested a report on how the houses would look pre- and post- Ordinance #30. Ms. Lamont said the only significant difference is that there would not be a 500 square foot bonus for the garage. The slope FAR reduction will not make a big difference on this property. Ms. Lamont said Council brought up the RFTA bus stops. The first one on Lone Pine road is not on the applicant's property. The RFTA stop closer to Gibson is in the public right-of-way. Ms. Lamont included a condition of approval that requires the applicant to work with RFTA to see if an easement is needed at this location. Ms. Lamont said one issue that has not been resolved is the issue of which GMP allocation pool these units come out of P & Z does not want the units to come out of the AH pool. Ms. Lamont said staff will work on a code amendment to take care of this problem. The code is silent to the free market units. This will not hold up this proposal. Ms. Lamont noted staff has requested that as individual homeowners come in to do their drives, there is a new grading and vegetation plan for each driveway. Ms. Lamont said staff supports the subdivision finding that the replacement credits applies to this. There will be more bedrooms and square footage in this proposal than in tear down and replacement. Sunny Vann, representing the applicant, told Council they have relied on the interpretation that replacement credits will be allowed. Currently replacement credit work no matter how larger or small the unit is that is being torn down or replaced. MM MIMI f d said this does not need to 5 Aspen City Council Regular Meeting August 28 1995 be rezoned to AH in order to work; the staff requested this zoning in order to reflect the use. Councilwoman Richards said not having to replace a building saves the applicant a lot of money. Vann said there is a cost associated with replacement; however, the applicant would have to replace less square footage. Vann said this is a perfectly good building with tenants currently living there. These people would be displaced if the building were torn down. Councilwoman Richards said the code interpretation is saving the applicant money and the project could happen with 5 lots rather than 6 lots. Mayor Bennett opened the public hearing. Richard Jennings, Hunter Creek Condominiums, said if the applicants retain the grade the buildings will be fairly low. Jennings told Council the Hunter Creek Association bought .4 of an acre of land to the north of this proposal. Jennings said the Association might be able to cooperate with the city or Mocklin to make this land open space for some financial amount. Mayor Bennett said he would be interested in pursuing this discussion at another time. Mayor Bennett closed the public hearing. Councilwoman Waggaman asked about the deed restriction clauses stating they will be effective when a building permit is issued or within 7 years of final approval. Councilwoman Waggaman said she would like to see this timing moved forward. Councilwoman Waggaman asked if this is when the first building permit is pulled or when all of them are pulled. Vann said the deed restriction will be done but it will not be triggered until a person pulls a building permit for one of the free market lots. City staff suggested a time frame that even if the lots are not developed, the units are deed restricted. Council agreed with that approach. Vann suggested the mechanics of which unit is deed restricted with which free market lot be worked out with the housing office. John Worcester, city attorney, said he reads it to say that as soon as a building permit is pulled, all 7 units would be deed restricted. Vann said the intent is that each free market lot permit would trigger a deed restriction; no growth, no deed restriction. Councilwoman Waggaman said she likes less pressure for development rather than having to have all 7 houses built at once. Councilwoman Waggaman said she can live with one unit going with each building permit. Councilwoman Waggaman said she does not want to start with the smallest unit and working up to the larger. Ms. Lamont said the categories should be 6 t Aspen City Council Regular Meeting August 28 1995 specified in the subdivision agreement. Vann said the units are all low with the exception of the 2 largest units. -1 t IS . " +D. F .. Councilwoman Richards said she is concerned about the driveway through the trees There may be some site redesigns that could have better access and better parking. Vann said separating the two driveways will create a better experience for both the fi ee market and affordable housing areas. The driveway goes through aspen trees, which are the easiest trees to replace. Councilman Richards stated she is concerned about two driveways 20 feet from each other. Councilwoman Richards suggested deed restricting 6 units and only have 5 free market parcels to have a better access and site design. This is a sensitive view plane. Vann reiterated the applicant can tear this building down and replace it with 8 units, subject only to the subdivision regulations. Vann said that scenario would not result in better site design. Vann said the access road is a purview of subdivision and they can combine the driveways. Vann said he feels this would be less attractive and there would be no change in the layout of the 6 lots. Vann said this project should be reviewed under the subdivision criteria. Councilman Paulson agreed he would like to see the driveway redesigned so there is only one entrance. Councilman Paulson said there is already a lot of traffic on Lone Pine and there are parking problems in the area. Vann said there will be 1 parking space per bedroom for the homes. There will also be access driveways to each homesite, which will provide additional parking. Vann said the carrying capacity of the surrounding streets will not be exceeded by this application. Councilman NONE WA t� Imp 1111 Councilman Marolt said this is 3.5 acres in Aspen and with the implementation of the building envelopes, about half of the 3.5 acres will be open space. Councilman Marolt said the open space and building envelopes will take care of the concerns for this project. 7 o PLANNING 6 ZONING COMMISSION JUNE 6, 1995 the Sunny for questions. So, seven units, not six, that was one of my issues. As I pointed out earlier, the code is silent on how we deal with additional AH units. Now, we have affordable housing allocation for 43 units a year that these six or seven units would come out of. However, in my discussions with Dave Tolen, we feel pretty strongly that when the demolition replacement was exempted by the Planning Director and exempted by the pool, although it had to comply with our Housing and replacement programs, that we missed the fact that we may get additional units on site that would have to come out of our pool. We are recommending one of three ways to go about this, and I talked this over with John Worcester, also. One way we can do this is we pull it out of our affordable housing pool. The Housing Office is reluctant to support that recommendation because they are very protective of their pool and they feel that if these units were torn down and replaced, we probably wouldn't get as many units, but we would probably get bigger units, above grade units, and they would meet our guidelines more readily than these units do. So, they are reluctant to just say, take it out of the Housing pool. The other approach we could take is that we could draft a code amendment that, basically, says, if one is complying with Ordinance 1 or the Housing Replacement Program, all those units that are replaced and go back, including your mitigation units, are exempt, not only by the Director, but are exempt from the Housing pool. Third, and I talked this over with the City Attorney because in that section of the code, it says, you are exempt from multi-family housing if you comply with the Housing Replacement Program, and that is found in that exemption section by the Planning Director, where it says, are not deducted from the pool. So, I asked our City Attorney if that was kind of a defacto acknowledgement of what is exempt and what is not. He felt that that could be appropriate, but he wanted our review bodies to also lend us some guidance on this. So, this is why this is in your memorandum and it is an issue. Lamont stated, with Mr. Mocklin' s proposal, we have ways with working with that . The last two issues I pointed out in my memorandum, I---am ver7 concerned about the significant natural vegetation on this property and some of the terrain features that are found. I am continuing to work with the applicant to better define the building envelopes, with the condition that nothing happens outside the building envelopes; no draining, no excavation, except for utilities that need to cut through the property. As far as building the homes, I would like to further define those building envelopes before we ultimately sign off on all of this. 29 ,r r O PLANNING & ZONING COMMISSION JUNE 6, 1995 The property has been staked with those building envelopes as are shown and are submitted in your application. We blocked the site once, we've identified some features that we want to preserve; there' s more features that I want to preserve than the applicant wants to preserve. Kerr asked, are you talking about sagebrush, or what? Lamont answered, I 'm talking about both things; the requirement that no further development or construction or fences or hottubs or anything like that, happen outside the building envelopes. We would, then, be preserving a significant buffer of natural vegetation between these building envelopes. In this area here (referring to map) , there is a large grove of cottonwoods, some are dead, some are not 6 inches in caliper; we are looking for a better site plan that can identify the trees that are important, there's aspen right in here. So, that is why the building envelope is an issue, because Sunny and I, the landscape architect, and the engineer, need to go back out on-site and talk about what is a realistic building envelope and how we can push and pull some of these envelopes to preserve some of these features. For example, we have talked about Lot 5, move it closer and make it a little bit more narrow, so we could preserve, at least, the front half of this knolle. The majority of building envelope 6 is not in the ridge, it's back behind the ridge, and then, there's some nice little features over here that we've talked about pulling the buildings down lower so they aren't up on top of the hill which would make for more massive building feel on that. Kerr asked, these envelopes are to be accessed from the north, I guess, or most of them? Lamont answered, right. There is one private drive that is being proposed that will access all the lots with a fire access easement which serves as a drive to all three, but will be the area where any emergency vehicles will turn around in. So, we need a note on the plat indicating no parking along the access. Kerr asked, and the garages would not be in the rear? Lamont stated, the garages would probably be in the rear, off of here (referring to map) . Vann stated, it might be helpful, in a second, if, when she (Lamont) brings up this last point, to let me take you through the site plan very quickly and how we laid it out, and then we can get into specifics. I think it will help you to understand why we did it the way we did. Lamont stated, speaking of the neighborhood character guidelines and subdivision, Chuck and I have been going back and forth on whether this should be a private drive or a public street. If it is a public street we have some pretty strict standards on what the public street needs to be, etc. Chuck can make that argument, 30 0 PLANNING & ZONING COMMISSION JUNE 6, 1995 that's a separate issue and I don't know how Mr. Mocklin feels about it, and I think we should wait, for the record. Vann said, these building envelopes, because Leslie is requiring that development be precluded outside the envelope, are slightly over-sized because we don' t want to have to come in and modify the envelope everytime someone wants to put a swing set or sandbox or landscaping, or anything else that goes along with the development of a single-family home. Vann showed on the map how the single- family homes were set back so as not to block each other' s view; he showed access points, parking, and grade. Vann said, Leslie has asked that we provide her with a tree survey, there are some small strands of trees here, most of them are not over 6 inches, a few aspen over 6 inches, there are some cottonwoods in the public right-of-way here that are over 6 inches, and there are a couple back in this corner here (referring to map) . There are, essentially, no mature trees that will be lost in the development of the individual homes. There is some strands of trees that would be affected by the access road and we will outline where those are and it is our intent to provide landscaping to offset any loss of those trees. Garton asked, will you show us the locations of the Pine Creek Bus Stop and the Hunter Creek driveway cuts? Vann showed on the map where the locations above were. (Referring to the map) , Vann stated, we didn't perceive this as a street, we did not propose a sidewalk, per se, along this, but Leslie's point is well-taken and I don't see any reason why we couldn't incorporate in this area here, some type of surface that we could maintain and plow for people here to move through the project. Kerr asked, an internal pedestrian way, is that what you are talking about? Vann answered, yes, I hate to use sidewalk, that envisions curb, flat sidewalk, concrete. Kerr said, Sunny, explain why there' s no further development potential on Lot 7. Vann answered, when we re-zoned the property, this was the only parcel in the whole annexation that was not zoned a use. The record reflects, Tom Baker' s minutes reflect, they were concerned about re-zoning it RMF, and they would prefer re-zoning it until such time as an application was submitted. When we went to request to re-zone this, the compromise that we ended up with, is just the portion of the existing building to be re-zoned and that it would be sized to accommodate the existing FAR of the building, plus 5-10 percent expansion to take care of minor changes in the building from time to time. If this is RMF, that' s one-to- one; AH, it' s a smaller parcel, so this is sized to fit the 32 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 16, 2013 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 0046 2013 ASLU — Lot 4 Mocklin Subdivision. The planner assigned to this case is Justin Barker. ❑ Your Land Use Application is incomplete: 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 429-2759 if you have any questions. q ou,Ph lan, Deputy Director f en, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. RECEIVEC-i JUN 27 2093 CITY OF ASPEN ovol Ullf#Ty 'e ELOF E"N'' LOT 4 MOCKLIN SUBDIVISION PLAT AMENDMENT Prepared by: Davis Horn Incorporated 215 South Monarch Street Aspen, CO. 81611 June, 2013 Table of Contents Section Page List of Attachments Introduction I I. Background 2 II. Existing Conditions 4 III. Proposed Development 6 IV. Land Use Approvals 7 List of Attachments 1. Site Vicinity Map: Ortho Photo 2. First Amendment to the Final Plat of the Mocklin Subdivision 3. Aspen City Council Ordinance No. 35 series of 1995 Granting Approval to the Mocklin Subdivision 4. Subdivision Agreement for Mocklin Subdivision 5. Mocklin Subdivision Plat recorded at PB 39, P. 92 6. Insubstantial Plat Amendment approved by the Community Development Director on June 10, 1998 7. Lot 4, Mocklin Subdivision: 1996 Landscape Plan recorded at PB 39, P.98 8. Lot 4, Mocklin Subdivision: Improvement Survey 9. Lot 4, Mocklin Subdivision Slope Analysis 10. Lot 4 Mocklin Subdivision: Facing South 11. Mocklin Subdivision: Landscaping on East Side of Lot 1 Located Outside of Building Envelope 12. Mocklin Subdivision: Landscaping on Boundary Between Lots I and 2 Located Outside of Building Envelope 13. Mocklin Subdivision: Landscaping on East Side of Lot 2 Outside of Building Envelope 14. Mocklin Subdivision: Landscaping on Lots 2 and 3 Outside of Building Envelopes 15. Mocklin Subdivision: Landscaping on South Side of Lot 5 Outside of Building Envelope 16. Mocklin Subdivision: Landscaping on South Side of Lot 3 Outside of Building Envelope 17. Mocklin Subdivision: Landscaping on West Side of Lot 5 Located Outside of Building Envelope 18. Mocklin Subdivision: Lot 6 Landscaping Outside of Building Envelope on East Side of Lot Adjacent to Lone Pine Road 19. Landscape Plan 20. Second Amendment to the Final Plat of the Mocklin Subdivision 21. City of Aspen Pre-Application Conference Summary Sheet 22. Letter from Tom Dunlop, Temporary Smuggler Mountain Superfund Site Manager 23. Proof of Ownership—Deed 24. Power of Attorney for Brooke A. Peterson 25. Authorization Letter 26. Fee Agreement 27. Land Use Application Form 28. Dimensional Requirements Form 29. List of Property Owners within 300 Feet INTRODUCTION Charif Souki ("Applicant") owns Lot 4 Mocklin Subdivision, a vacant lot. The Applicant is represented in this land use application by Davis Horn Incorporated and Poss Architecture and Planning. The Applicant is seeking to amend the approved building envelope for Lot 4 of the Mocklin Subdivision. As depicted in the Site Vicinity Map: Ortho Photo, the Mocklin Subdivision is located in the Smuggler Mountain neighborhood and is bordered by Lone Pine Road to the north and east, Gibson Avenue to the south and the River Bluff and Lone Pine Condominiums to the west (see Attachment 1). Lot 4, the subject site, is outlined in red on Site Vicinity Map: Ortho Photo. Attachment 2, the First Amendment to the Final Plat of the Mocklin Subdivision, shows the Subdivision contains seven lots. Lot 7 is improved with a small apartment building while the other six lots are single family dwelling unit lots. Attachment I shows that Lot 4 is the only lot in the subdivision which is unimproved. This land use application includes the following three sections: I. Background; II. Existing Conditions; III. Proposed Development; and IV. Land Use Approvals. 1 I. BACKGROUND The Aspen City Council granted approval to the Mocklin Subdivision on September 11, 1995 pursuant to Ordinance No. 35 series of 1995 (see Attachment 3). The action was memorialized in the Subdivision Agreement for Mocklin Subdivision(see Attachment 4)and the Mocklin Subdivision Plat recorded at Plat Book 39,Page 92(see Attachment 5). The Ordinance,Agreement and Plat established building envelopes for the lots located in the subdivision and included plat note 3 which read as follows: "Fencing,patio decks, hot tubs,landscaping other than native vegetation and all other development shall be prohibited outside of the designated building envelopes on Lots 1,2, 3,4, 5 and 6 to protect the natural landscape"(emphasis added). The preceding plat note conflicted with Section E.2. of the Subdivision Agreement which read as follows: "Prior to the sale by the Owner of any of individual Lots 1-6,Owner shall file with the Environmental Health Department a fugitive dust control plan and construction and soil moving plan that adheres to the Institutional Controls established for the Superfund Site and administered by the Environmental Health Department"(emphasis added). The conflict between these two conditions arose from the fact that institutional controls required that all disturbed soils or materials that contain lead concentrations of 1,000 parts per million or greater be removed from the site or disposed of on-site in a manner consistent with the controls and acceptable to the Aspen/Pitkin Environmental Health Department. In addition, contaminated soils which are not disturbed were to be remediated(i.e. covered with at least one foot of uncontaminated soil)in order to obtain approval from the Environmental Protection Agency. Portions of the Subdivision located outside of designated building envelopes contain contaminated soils. Thus there was a conflict because remediation work,other than the planting of native landscaping was required to occur outside the approved building envelopes. The developer and City of Aspen resolved this conflict by amending the Subdivision plat pursuant to an Insubstantial Plat Amendment approved by the Community Development Director on June 10, 1998 (see Attachment 6). The First Amendment to the Plat of the Mocklin Subdivision included a new plat note which replaced plat note 3. The new plat note 3 reads as follows: "Fencing,patios, decks,hot tubs,landscaping other than native vegetation and all other development shall be prohibited outside of the designated building envelopes on Lots, 1,2, 3,4, 5 and 6 to protect the natural landscape; however disturbance of areas outside of the designated building envelopes as is reasonably necessary to comply with the institutional controls which have been adopted by the City of Aspen for the Smuggler Mountain Superfund Site, and to obtain EPA certification that all contaminated soils have been remediated shall be permitted provided the owner limits the disturbance and associated removal of vegetation to the minimum required to comply with the Aspen/Pitkin County Environmental Health Department, and to obtain EPA certification existing vegetation shall be preserved to the extent feasible and all disturbed areas shall be revegetated with native species in accordance with a landscape plan that is reviewed and approved by the City of Aspen Parks Department. 2 After the soil remediation activities are completed. All building construction shall be limited to within the designated envelopes as depicted hereon, and all road and utility construction shall be limited within the rights of way and easements depicted hereon." In 1996,the developer of the Subdivision recorded the Mocklin Subdivision: Landscape Plan which appears as Attachment 7. The Plan is noteworthy because it documents the"Existing"landscaping in the Subdivision and is a good basis of comparison with the current landscaping which exists in the Subdivision today. Section H,Existing Conditions, includes multiple photos which can be compared and contrasted with the"Existing"landscaping in 1996. It appears that the developer and lot owners have made extensive and attractive non-native landscaping improvements outside of the approved building envelopes. 3 II. EXISTING CONDITIONS Lot 4, Mocklin Subdivision Improvement Survey Plat, the vacant lot contains 20, 266 +/- square feet of land (see Attachment 8). The lot is accessed by Miner's Trail Road which borders the northwest side of the Lot. Lots 1-6 of the Subdivision are zoned R-15A. Attachment 9, a slope analysis of Lot 4 shows the Lot is generally flat with the exception of the south side of the Lot which drops down to the sidewalk located on the north side of Gibson Avenue. Table 1, Lot 4 Mocklin Subdivision: Lot Area, is based upon the Lot 4, Mocklin Subdivision Slope Analysis (Attachment 9). Addition, the access easement for Miners Trail Road has been subtracted from total area to determine Net Lot area. The Table shows the Net Lot Area of Lot 4 is 16,705 +/- square feet. Table 1 Lot 4, Mocklin Subdivision: Net Lot Area Category Area Factor Lot Area % Square Feet % Square Feet ------------------------------------------------------------------- ------------------------------------------------------------------- SloUes 0-20 16,666 100 16,666 20-30 78 50 39 >30 1,465 0 0 Access Easement 2,057 0 0 Total 16,705 Source: Davis Horn Inc., and Sopris Engineering, LLC, June, 2013 Lot 4 was used as a staging area for site development when the Mocklin Subdivision was developed. Consequently, most of the native vegetation on the Lot was eliminated as depicted by Attachment 1, the Site Vicinity Map: Ortho Photo and Attachment 10, a photo of the subject site facing Aspen Mountain. The photo clearly shows the denuded site which is predominantly covered with road based and gravel. Remnants of the native vegetation can be seen on the south side of the Lot and the native vegetation line is mapped on Attachment 8, the Lot 4 Improvement Survey Plat. As referenced in Section II., extensive non-native landscaping has been planted throughout the entire subdivision as depicted in the following June, 2013 photos. 11. Mocklin Subdivision: Landscaping on East Side of Lot 1 Located Outside of Building Envelope 12. Mocklin Subdivision: Landscaping on Boundary Between Lots 1 and 2 Located Outside of Building Envelope 13. Mocklin Subdivision: Landscaping on East Side of Lot 2 Outside of Building Envelope 14. Mocklin Subdivision: Landscaping on Lots 2 and 3 Outside of Building Envelopes 4 15. Mocklin Subdivision: Landscaping on South Side of Lot 5 Outside of Building Envelope 16. Mocklin Subdivision: Landscaping on South Side of Lot 3 Outside of Building Envelope 17. Mocklin Subdivision: Landscaping on West Side of Lot 5 Located Outside of Building Envelope 18. Mocklin Subdivision: Lot 6 Landscaping Outside of Building Envelope on East Side of Lot Adjacent to Lone Pine Road It is useful to compare the preceding photos with Attachment 7, the Mocklin Subdivision: Landscape which depicts the existing vegetation in March of 1996. The comparison shows that some of the vegetation in Attachments 11, 12 and 18 (Lots 1,2 and 6) existed in 1996,however it is evident that the developer and lot owners have planted significant quantities of very attractive, non-native vegetation outside of the approved building envelopes in non-compliance with the City of Aspen land use approvals. The plantings are mature and substantially contribute to the character of the Subdivision and neighborhood. 5 III. PROPOSED DEVELOPMENT The Applicant is proposing to develop a single family house. The proposed house footprint and the landscaping plan are depicted by the Landscape Plan(see Attachment 19). The Applicant is proposing temporary shoring to build the walls of the house. The temporary shoring will be located a few feet outside of the existing building envelope which was approved on the pursuant to the First Amendment to the Final Plat of the Mocklin Subdivision (see Attachment 2). It is proposed to be located in the "temporary improvement envelope" depicted on the proposed Second Amendment to the Final Plat of the Mocklin Subdivision which appears as Attachment 20. The proposed Plat and the Landscape Plan also depicts a patio proposed to be located just outside of the existing building envelope. The patio is proposed to be located in a disturbed area to the north of the remaining vegetation on the property which was not disturbed when Lot 4 was used as a construction staging area. The Lot 4, Mocklin Subdivision Improvement Survey Plat(see Attachment 8) and Attachment 10, a photo, depict the limits of the native vegetation. The Applicant is proposing to expand the approved building envelope a few feet to the south to accommodate the patio. A comparison between the proposed Plat(see Attachment 2) and the Improvement Survey(see Attachment 8)shows that the patio depicted on the Landscape Plan(see Attachment 19)is located north of the native vegetation which will not be disturbed. The Applicant also seeks to create a landscaping envelope which will encompass the building envelope. The proposed Landscape Plan depicted on Attachment 19 would permit the Applicant to landscape the property in a manner consistent with the landscaping on the other five single family lots in the Subdivision. Refer to the previously referenced Attachments I1-18,photos of landscaping in the Subdivision. The Applicant's proposed Landscape Plan (see Attachment 19) will limit landscaping on the south side of the Lot to native vegetation comparable to the only remaining native vegetation on the Lot. 6 IV. LAND USE APPROVALS This section of the land use application demonstrates compliance with the Land Use Code standards Pre-Application Conference Summary Sheet(see Attachment 21). The land use review is being done pursuant to Section 26-304, Common Development Review Procedures. Subdivision Section 26.480 The proposed amendment to the subdivision must comply with Section 26.480.080 B., Other Amendment. "Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat." As noted in Section III of this land use application, the Applicant is requesting the following a minor modifications to the Lot 4 Mocklin Subdivision Plat. 1. Creation of a small temporary improvement envelope to permit shoring of the walls during construction; 2. Expansion of the building envelope to the south to provide an area for a patio; 3. Creation of a landscape envelope which will permit the Applicant to add some landscaping similar to landscaping in the subdivision. Landscaping on the south side of the lot will be limited to native vegetation. The key issue associated with landscaping and site development is the location of the Mocklin Subdivision within the Smuggler Mountain Superfund site. We met with Tom Dunlop, Temporary Smuggler Mountain, Superfund Site Manager, to evaluate the possibility of pursuing minor modifications to the building envelope. Tom addressed the issue in a letter which appears in Attachment 22 and concludes as follows: "Specifically regarding expanding the landscape or building envelope on Lot 4, it is not prohibited by Institutional Controls. What is required is that any and all movement of soil must comply with the City of Aspen Institutional Controls. In much abbreviated summary, contaminated soil can generally be managed in two ways. If possible, the soil can be retained on site during construction and used in final landscaping(with a clean cap that will prevent or discourage human contact); or it can be disposed of at an approved disposal site." The Applicant will comply with Tom Dunlop's recommendations. 7 Building Envelopes Section 26.575.110 Section 26.575.110 defines Building Envelopes as follows: "Approved plantings of landscape materials on natural grade and approved walkways and driveways may occur outside of a building envelope. Otherwise, all areas outside of a building envelope shall remain in pristine and untouched condition unless approved by the Community Development Director. For purposes of site-specific development plans, building envelopes may be established to restrict development to protect slopes, important vegetation, water courses, privacy or other considerations. Building envelopes shall be described on recorded plats, site-specific development plans ordinances, resolutions and building permit site plans. Building envelopes required or designated as part of a development approval shall be depicted on the applicable plat, site plan, site-specific development plan, map or building permit." Most lots within the City of Aspen do not have designated building envelopes. A review of the land use records indicates building envelopes were designated in the Mocklin Subdivision because of the Smuggler Mountain Superfund site designation and due to unusual and irregular shape of the lots. In the case of Lots 3-6, it appears the City Planning Department, Planning and Zoning Commission were seeking to protect the steeper slopes and native vegetation in the backyards above Gibson Avenue. Attachment 9, the Lot 4 Slope Analysis depicts the steep slope above Gibson Avenue on Lot 4 and Attachment 8, the Survey, depicts the limits of the remaining native vegetation on the Lot. As noted in Section III, Proposed Development, the Applicant is seeking approval to change the approved building envelope for temporary building shoring, to develop a patio and to plant landscaping comparable to other lots in the Subdivision. The proposed Landscape Plan (see Attachment 19) shows that only native vegetation will be planted on the steeper south side of the lot where there is native vegetation. The Applicant's proposal in compatible with the pattern of landscaping and site development in the Mocklin Subdivision and is consistent with the intent of the City of Aspen when the original subdivision approvals were granted. 8 s o ° 0 50 100 Feet of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. T 1 Copyright 2013 Aspen/Pitkin GIS 2/412013 3:29:02 PM CAGISUempQan13\MockIinSubLot4 Drtho—d OP �� {yea \\\\\\ ``�.,a-,,�• •104 r r w •_ i ay � • _.—_- ��► r+ \ '-" qua-.�•- r-- 1 j t :M1 �s i •y4 � lN�1SINi'j JJ� 4 U /�.i' � :i r. � � ♦ � ^ - . .. 1.111 • • d� M1 _ � T • U Y 4 t .. _ ,•,' TWO- Ak s r a- �I . q.• ' a •`•�' � ° . .. ..r, �; •'sue' � r-.. -- - ' ATTACHMENT i FIRS AMENDMENT O 'IrHE FINAL AT OF MOCKLIN SUBDIVISION A "'FACT ., SITU AT,p tt r 7 TN 'THE 1`�TIT ES- n';-! R :�, S-ECT i.i ..` TOWNSHIP S T 10 SOUTH, RANGE 8 , THE SIXTH ^I. f? MERIDIAN L�a� _ u� �a�� s�It.�L�z s , ��� .,��,f�-i��v_��� ��_�_b�°F_� �_c� .0;����j�'(��,7��3� �� ��'�Lx �a�_a�� 1�.� ��,�T �� L�� >J���� r��,��,L_���, _�������_a?� f.ERTIPfCATE OF DRDtTIQN.N OWaI+PORT°_ _.�? r 11 til_V. STATE OF _:.,{�:Jai �J✓ KNOW ALL MEN BY TENSE PRESENTS j<°°• THAT THE UNPERSIGNED PETER M CK%•N AND MONICA Af. AfOCZ11N BFIAC TEE S =.n•e '4TH 1� �i --.--i Y OWNERS IN 'EE SIMPLE OF ALL OF THE LAND WITHIN 7Y&NCCKLIY SUBDIVISION, ACCOPS-G TO THE FINAL PLAT THEREOF RECORDED UNE 14, 14� BSS IN PLAT BOO .9 T PASES o2-68 IN THE OPTICS OF THE IRA-Y AN'E c JJJjjj ` rcry Utz A.CCRSS EASENENT LINE TABLE_ l RECORDER Dr^FITKIN COUNTY, COLORADO(THE FP.NsfL FLIT"};HEREBY LCNB USE UA°'MAR7� 1 ` G':' AMEND SAID PEAT AS FOLLOWS; EDT$ k�.EA ('.F.; Z9N?TItS I �' SHEET iKS'xX f t ,5S6 R-5A PLAT A A NEW 20 FOOT WIDE UTZLfTY'EASEMENT IS ESY'k6«FSHED FIRST AM€FfB.YE?+'-T r� AD.`ACENT T^ 'HE 1D-FOOT WIDE L'77L1?r AND TR4:€L EP.SEMEfvT ' f7,F2u R-t5A r FIRS Sd NITdR:r SP.1'VER FLAT (1 C t 8 ? 47' Iq_tq,A bJ,v .BASEMENT Jylk TABLE \.:�j- WITHIN LOTS 2 AND 8 AS SHOWN dD NOTED HERON. A NEW IO- FOOT WIDE€1ILz'i7 EASEMENT ESTABI-Sy(E➢ADJACENT TO d s P4„€fi6 R-; -T£Y c u P6RT%3N OF THE tb FOOT ODE UTILITY AND T'ird11L EASEksEN_T WITHIN LOT 1.AS SHOWS AND NOTED HEREON,A NEW 2@-FBOT WIDE s 25.78r R-tsA f �m Gt�t't',..i' SCALE UTILTTI EASEMENT IS ES71BLISHED TFR?UGH LOTS 4 AND E,AND 33,€f5 RdfPA 1 3 . 2 w T. A ONC SE COMMON BOJNDARY OF SAID LOTS 4 AND 6 AS HEWN.AND '' .prr �C�9 a z �i i ,VOTED HEREON;AND A NEW f0 -FOOT WIDE Us UTY EA EM iT I9 RATILOPE LINE T�`Bf ESTABLISHED W TTIIN LOT 7 ADJA E-"TD THE fYfl.;MERLY EDGE \ OF THE 35 FOOT WIDE ACCESS AND UTILITY EASEMENT,AS ERON"N � U �;� Axe � tlYZ C Si- AJVD NOTED HEREON. -h�.� c-cc r B EYISTFNC PAR4GICAPE 5 OF THE DEDICAT707:.IP?EUAdL?S AMENDED IN ITS ENTIRETY TO P:EAD AS FOLLOWS, 4 F{! � Tat, Re�,va z G Q9°4G''DQ` E. HEREBY 9EDlCA7E.LrvO GRAN PERPE:'LAL, N"ONE.XCLU.SIVE vsrrr??* BASEMENTS OVER ALONG,ACROSS AND BENTATH THE fo- � M� i / 24.84' -� -°'E.s- tv , 1"� f-r, v-asrera Ast FOOT�rDE AND 20-FOOT WIDE-U+TILITY BASEMENTS` =i V � ��,r { mou-5<„a DEPICTED HEREON FOR THE u.E AND BENEFIT GF `✓.E.IId T.TY P�.I+r" s•r?.Ria AhD TD RUN WFTF TFE TFT E TD ALL rF LOT ? ,dFO d27N SLBDIVISIDN ANA FOR t�USE AND BENEFIT CF f THE MOCJU N HOMEOTIVERS A SO IATION AND ALL UTILITY ,, 4 COMPANIES FOR THE INSTALLATION, OPERATfON, r � � - �.-- _' t✓F.L f� � PROPERTY BOUNDARY CURVE TABLE' .. MAIN Eh4!•CE REPAIR AND %91LACTMENT OF UNDERGROUND UTILITY L:AZS', ABC4^e GRO..A'D TPS:.NSFOPXERS AND � M sec eo"r,_^ Ia _.es>e__ €,:'�'^aarc ei s.^+�i.�' II cum esra:i- uvn nve�.T�r c+aenJ EcAKu�o F':R J t h'7 RANTS SHALL BE PER 'E'.O 107-"W IM.Y.V THE i0-FOOT°.x UT.I TY EASEMENT WITHIN _ o I 5 " _.___ 03 7x8 r>p •1 5'S. 53€e 3az"`k t roa.6 l C. HEISTING PLAT.NOT'„ o IS AMENDED IN ITS ENTIRE_]TL'-READ ,Y' -_°r' b C. 5 tt I z - P •� 14:. —mss'- �a u n zEaC re Cs s.as'� i AS r OLLOWS. I -€ f- -- �-- -{ �i cx Isaac s'-e3' i� a7 a 7ru of Ti—ae-53"�I i to ..3s CG' g�- 4�¢' 4 6T2a5j-2 Y•.g'�^Dr''3. FdA..Zftr PATIOS,DECKS, HOT TUBS: LdNDSG1PLNG OTHER I THAN N4TV-1 E-GE ATION AAD ALI OTHER DEVELOPMENT' v° -� Tr cc3wir I 11 1 F.�j,�<rv�A,rilTn w 36, E 1,y nb ri F4 i SHALL BE PROHIBITED OUTSIDE OF THE DESIONATE➢ Iv; hs.n3 a 44 o:�a`h a 3s y+ BL LAfNG ENVELOPES ON LOTS 1,2,3,4,5 AND 6 T"' PROTECT THE A7VR4L LANDSCAPE:FFOWEi 'R,D7ST°RRLIVCT �'/ %I T ~� L07 LOT BOUNDARY CPIR4E TABLE OF AREAS OTT SIDE OF HE DESIGNATED BOLDING ENVELOPES AS IS REASONABLY RTEGESSARY TO COMPLY WITH ! I - .,.isE o_as �ATE,r F- L rx�s ;V.tacE4i c*T BE,uz;WC �q o_I THE INSTITUTIONAL CONTROLS WHICH HA€E'BEET•ADC..BD ;^•z;' r_3' 2'a' n-4a'saA E ;8aras 1 BY THY CITY OF ASPEN FOR THE SAfUGGLER MOUNTAIN �;� / > 5 J' SUP RF.;ND SITE A¢YB TO OBTAIN EPA tERTiFICdTFON E�°b THAT ALL COATAMr.Nk TED SOILS RAVE H$h RaY.$'FxD 4TEE, 1 4 T. S: e�' _k A CE.SS BdEE.;fENT CUP. 'TABU_ SHALL BE PERMITTED PROVIDED THE OWNER LIMIT'THE ! q1y,.' i^' �\/` n'1 1,W 0,1-n-. DISTURBANCE AND ASSOC.`ATZD REMCVAL OF!B-GETATIGN T_ Ee E.a Tff_ 9FENFLiUM REPUFREA TO COMPLY WITH THE �y5 '� w t�^ A IASTITL'TIGIV L CONTROLS AND TFE RECOSdME.N'DdPIbxS DFa `� :*¢.¢s. `I - _____.___.____ / as acv__ 55'ss z9ri' <„mss”- 1o'f to a8'a . THE ASPEN 12VI IAA COUNTY BIe VD'GXVZNTAL F-LETS 'f - ?'�.x' ��,,, \ ! `�„`, _ �, \ e � I-._r'.Ga &o:�' ale' 1' t<E7 a��[ DEPARTMENT,AND TO OBTAIV EPA CE`RTIF:CA'?7ON, ' ,� /p - r �;! - I - - ?.cam EXISTING VEGETATION SHALL BE FRESERFFD TO THE LOT on.r.. A"I'l � Ri.EXTL' T FEASIBLE AND ALL Bf5TUREED APiAS SHALL BE I - ' / '+a3 iaoc- ARVE ETATED WITH NATIVE 'PECISS, IN ACCORDANCE WITH V A LN.A'D3...4PS PLAN THAT IS REVIEWED AN APPROVED BY / " '`a.�_'9 - !$� ,r�¢a 'THE CITY OF ASPEN PARKS R.-FART.'t"-NT AFTER THE SOIL r/ �'..� BEMEDId:FON ACTIVITIES ARE COMPLETED.ALL BUILDIN e "* CONSTRUCTION SHALL BE LINT TED T'0 KtFrIN THE DESIGNATED BALD I3"'EAi'ELOPE3, AS DEPICTED HEREON: AND ALL ROAD AND UTILITY CONSTRUCTION S'.LL.L HE fo /:' `�33'i 1 %�•: �r �a`'. - 6= � __�„_ _ ,� .,.:e , SE Y RVP DR' PLETIFICA? W.- !S_ S: r LIMITED TO THIN THE RIC TS-OF-f AY AND EASEMENTS 2.�/. -s C.q`_,/' / I..,b., I S s DEPICTED HdREON. ^° '�t �,. 17?;.,- I MRF3C S.BECLZER,A P.EGTSTERED LAND SURVEYOR,DO HEREBY CERTFFY s _ °�� IRA,,r HAVE PREPARED IRIS PLAT OF THE FIRST AMENDMENT TO THE . a j I r. 5 a1 '�A+^v_.., b / .-. ' AL PLAT OF,MOCt`1a SIMD3 IBID;N,AS LdTD OUT, PLATTED, I D. A '.'EF PLAT NO`_ .,i5,BODED TO READ a5 FDT.'.QF'3: „��s. CS< sue"" n-- T �s - i AND SHOWN L*LTREON, THAT THE SAME IS BASED 0}J FIELD DEDICATED r E. T"XE MOCKLIN SUDDIV3SION IS SUBJECT TO ALL OF THE `t - x,` - ?i 1 w SURVEYS PERFORMED U.b+DER MY SUPERVISION; THAT TH15 FIRST AreE4DEfENT Y_ CQNDITI.7NS OF AFPF,OVAL SET FORTH IN THAT CERTAIN `=` cam._ ` F`,' sj I'' �, `� TO THE FINAL PLAT OF'MOCKLIN SLIjFDIY74I:iN MEET3 THE REQUIREMENTS ' .Rfn'A.'DF.AtrDL'M PREPARED BY E?iFCB SHARES 9ATc^u".fE 4E :01 OF A LAND SURVEY PLAT:AE SALT Ftf3CTH F.N CRS SE'�efON 38-St-;CB: THE 1988,AND APPROVED BY STAN CZdVSO4 ON JUNE 12, � sr� •'S�s t ,i Z�„ 3: #.„ p-"" f� � 4? }�: 1`' CDALTF.OL PP.E'£'f3'.°ON Ifi' .4,�F„3TER �`?F:�;.r f IN fO,e OO. P.k'GOkDED 1998. GRAfrIT.?r-APPROiPL OF THE LNS'BSZd'xVTfBL PLAT rO' j l .I (< t ns _ EASEMENTS: RTEHTS-Lip--WAY RND RPSSTRICT.ONS ARE THOSE SET FORTH IN j > SECTION 2 OF SCHEDULE B O.FN T$E'PITLE COMMITMENT iSSU-D BY PITLIN t AMEN'DM'ENTS FOP. THE MOCKLIN.°.LIB Ixl `CN AS �, t� °I �� C } E47DENCED B.'THIS FIRST ADM VDoF1T TO THE FINAL rn 1 �� CCL+,YTY TITLE, INC. UA'DER w,4�`.3E.f0.1*CT->S363C'If. OF MO d N SUB➢IYISIDN: ✓ 7-, ."�. \ .- -x ll f('` A- k DA1-ZD eUZY 98 I E. ON TEE SHEET INDEX, SHEET N.I. C-E IS AMENDED AND REPLACED c. .. L0- IN ITS ENT,RCTY BY SHEET NC. C-AA ATTACHE-'HERETO. n 5 .,. /, I _ MARKS E/T'I.E PL S 8 543 Pt F. IN ALL PER RESPECTS; SAID FINAL SI�',T 6BAI.L REMAIN' I Q A,y'� FL: v r y . .. 28' U AMODIF E"'BtER£DY AND IN FULL FORCE AND E FFI"CT STATE OF COLORADO � r I S��tT.OF ELL A3ffiR '`^ 1 I Cr3U..r1;OF Fsmy ci-k, LQ .. EXECUTEG THIS� �.o /� � a ,�'/ i rc5a x _f' it`d THE FOREGGI7Y�CE.., TeT1PiEATE WA kCRWOF1ZBCED BEFORE ME THIS f �. - -r-1,- n.E35 i;o DAY QF '<Z .952: EY NFAP.E S.HECKLER, }': Pt^ —� t E �4 PE eF'>#Clrr•IN I ::3A U'NIT'Y rgV LDPMEN 'EPkRTMEN APPP,34'6..L 4 _ e.ss.�;rze Qk� ``r+\ , `r,•, „ THIS,FIRST mzffp"v_'TOTE;? y Wr7 SAS MY.Wd,3'D AND GFF,;Rt Sn'AL. - FFL LE•T OF lifR^Yrl BY: SDEUBYED`LLOVlPEldIOL'N APFROTLN HE Cf OF dS #I, ` ` COMMISSION EXPIRES: 6 -o0Ga2 IS M*JICA M. MOCELIF N T DEF.RT�B BY T9 - .. STATE OF CJLO°dDG ` t 4,a�y r S5. \, \ l'!ii*ARY PU3LfC._ s T ` (. CCbNTY OF PITZIA' D-RA-MM r E cr 5v,',£,': AJCJK c._c°r_MK-,ls_.,APR`.of.INN ' THE FORECOIVG FNS CI:YENT WAS ACKNOWLEDGED BEFORE.fE TWTS,_"��T,�,gY % CLERK AND RSCORDER'S ACCEPTANCE ' - OF JULY. 19'A; BY PETER MOCNLIN AND,L:.,.ICA M MOCKLIN. BT F'tATE 6F TI 'r 2: ow i a aT:..: .:n �\ F' SaP e yF� CL U ! .3 THE L'f DERSIENED A DOZY FTHORiZED REPP.ESENTAPF'-B Of PinaN CoUN,I -) @:.sS o:Kr,41v,.n 27`14e E E.,txa_M fi E$01 iF>_s? ,.tT r THIS FIEtST Ati{F'FD9fENF TO THE FItW i,�'r?F xGn r WIT^VESS MY lwtD AND OFFICIAtL tiF7OYS5a TA f r C... ^ ORGANIZED AND ca'M"- aeoltitsca,H a£P. c;Aa >.ys.6!. SYsBDIViSfON IS ACCEPTED FAR FILING IN THE OpFfa'E DF Tgs� a:. 1\ „ TITLE OD#RASP INC-Y A TITLE FNSJPAN_E.,DMPAAe'OIS'GA1'2SD A..➢ _ ;,u Ft>E a.r.�I;E Nt aA A>,',AR EF �...:KLIN Di9&lles:v �Y `L CIERK AN RECORDS OF F'IF'Eidi"PETS"T,°, tiOLO?AVO AT 317 CB3fIBFSS A'_„L'XF/RI3�4" _ ALTHORMD TO DO BU.oIkESS IN COLORADD L3!DER THE TITLE AI$VA*C3 r rs.;D;I,u cxiF!.s. eo `n r.ac:. +\ _ ��'n 1 '..7 # } O'CLOCK;_,4';,�'Hf5 Ala. �- Y' GOD?DF GOEOP-hti©,ODES:7DREdY eERTU^Y TFz.4,t TITLE:C THE FI;TSS7' 1 S "'- .: NGTkRY PL LTC _ _ \ PLAT ECOR AT P_Gn ,.REf,©:'!h'„�fy<G•. $ ANfEX0MfAT TO THE FINAL PLAT OF MOCELIN SUBD,VISION TOWN ON THIS . { PLAT, IS YES"=IS PETER MOCAZIN AND MONICA At MO'S'KLIX,AND IS FREE do r,k_H_.c :._o.o awo TKF w. �,,PEA,C;F-5,,s ! AND CLEAR OF ALL LIENS. TAKES AND ZAVLN3AA,7CFS. '1evx:. ”✓j`� ( `sr + sr j^- ITYEYGRNFP�O v. r"!'^ A,^ Lk LCLTU / CERTFFIED z"7r:S t`d `' rr�I sa: T'✓`' -2 st, r PKIfiL C TY r * CF A.B. f93e. SGPPfS ENGINEEPING - 11,C t ¢ THIS FrR+^T R:`K NDSy AT T,^: T E FN�L P T C, MCCY'.b,IN A=, SIr�BITI 10N, IS,APPR•VED BY T 7 C T7'ENGI(LEER OF THE CITY rf YIN Cou, a's E 'M AA*'Y I\C. +e OF AfP N THIS A7 CF ..I4 L c,G�SUTTANTS '{ �j�� BY -` 502 SASH STPEE7, SLIT'@ =3 � r r 6! - VINCE SIG `T G Kaflwal PL. -OLOR 1`v 3 EER {'ITEIi E;it:€fINER m i t co 38844.1 B-802 P--765 12/5: 1/ ' .� _ i _�ILVIA DAMS 95 09: +9A PS 1 OF 1k� REC ' .-... .. ..... `I TW I!d COUNTY CLERK R RECORDER DQC �! - .._ - -- - __..51. 00 ORDINANCE N0. 35 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION, MAP AMENDMENT, AND VESTED RIGHTS STATUS FOR THE CREATION OF SEVEN SUBDIVIDED PARCELS AND THE REZONING OF THE SEVENTH PARCEL FROM RESIDENTIAL/MULTI—FAMILY(A) TO AFFORDABLE HOUSING, LOCATED AT 02'02 LONE PINE ROAD, ASPEN, COLORADO. WHEREAS, the applicants, Peter and Monica Mocklin, have submitted an application to subdivide their property, 0202 Lone Pine Road, and to rezone the seventh parcel from Residential Multi- Family (R/MFA) to Affordable Housing (AH) ; and WHEREAS, the applicants, also request vested property rights; and WHEREAS, the applicants, also request special review for the establishment of open-space, parking, and amended floor area ration as required in the AH zone district; and WHEREAS, the Planning and zoning commission (commission) reviewed the development proposal in accordance with those procedures set .forth at Section 24-6-205 (A) (5) (b) of the Municipal Code and did conduct a public hearing thereon on June 6, 1995; and WHEREAS, upon review and consideration of the special review standards for parking and open space, and the necessity to establish the floor area ratio standard of the AH zone district with the existing parcel and development on the parcel as contained in Chapter 24 of the Municipal Code, to wit, . Division 4 of Article 7 (Special Review) ; and WHEREAS, the Commission approved the special reviews for parcel 7 of the Mocklin Subdivision establishing 15 on-site parking spaces, approximately 600 of the site as open space as defined. in 1 388441 P--802 P--786 12/20/95 09 e 49A PS 2 OF 10 the Municipal Code and an allowable floor area ratio of ._40. 1; and WHEREAS, upon review and consideration of the application for rezoning, subdivision, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 10 of Article 7 (Subdivision) , Division 11 of Article 7 (Amendments to the Official Map) the Planning and Zoning Commission has recommended approval of the Macklin Subdivision application subject to amended conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision and rezoning under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the subdivision and rezoning meets or exceeds all applicable development standards and that the approval of the subdivision and rezoning with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That it does hereby grant a subdivision and rezoning of 0202 Lone Pine Road, to the City of Aspen, Colorado. 2 388441 B-602 P-767 12/20/95 09:49A PG 3 OF 10 Section 2: ` Pursuant to Sections 24-7-1001 of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the subdivision: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval. 2 . The subdivision is consistent with the purposes of subdivision which is to assist in the orderly and efficient development of the city and safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser. 3 . The subdivision is well-planned and complies with the standards for the design of a subdivision. Section 3• Pursuant to the findings set forth in Section 2 above, the City Council does hereby grant subdivision approval for the Mocklin Subdivision subject to the following conditions: 1. Any costs for new public services that must be installed or upgraded shall be borne by the applicant including a sidewalk, curb and gutter if required. Existing overhead utilities entering the site shall be undergrounded. 2 . Prior to the issuance of any building permits, the applicant shall submit a subdivision plat and site plan and Subdivision Improvement Agreement in accordance with Section 24-7-1004.0 and D of the municipal code for review by the Engineering and Planning Departments and the City Attorney. The final Subdivision plat and agreement must be filed within 180 days of final approval or subdivision approval is void. The final plat shall also be submitted on a 3 . 5" diskette in DXF format compatible with the City/County GIS ArcInfo system. The base data for the parcel prior to subdivision shall be obtained from the City/County data processing department to ensure that the subdivision DXF file fits. the GIS system. 3 . The Subdivision agreement shall include the following: a. letters from all utilities that they have inspected and approved the final development plan; b. restrictions against future installation of fireplaces and woodstoves; 3.. 3 388441 B-802 P--768 12/20/95 09:49A PG 4 OF iD C. language restricting parking from the private drive and emergency access drive on Lot 3 ; d. language limiting signage to Dead End Street or Not a Through Street, signs that state private drive, private property shall not be permitted; e. financial assurances that are approved by appropriate City and utility staff prior to recordation of agreement; f. recorded deed restrictions, subject to the regulations in effect at the time the deed restrictions are recorded, for the seven affordable housing " units shall be effective when a building permit is issued or within 7 years of final approval of the subdivision by Council whichever is earlier, with the proviso that the deed restrictions may be released if circumstances change such as the subdivision plat and approval is made invalid; g. a tracking mechanism to ensure that recordation of the employee housing deed restrictions occurs prior to the issuance of any building permits for individual free market homes; h. a list of the following categories that apply to the deed restricted units: .� Unit 2 - 1,470 sq. ft. - category 3 Unit 3 - 630 .sq.ft. - category 2 Unit 4 - 690 sq.ft. - category 1 Unit 5 - 760 sq. ft. - category 1 Unit 6 - 760 sq. ft. - category 1 Unit 7 - 47.0 sq. ft. - category 1 Unit 8 - 370 sq. ft. - category 1 i. language stating that a deed restriction shall be recorded for Units 2 and 5 prior to the issuance of the first building permit for the free market parcels, followed by the remaining units according to size until the last and smallest dwelling unit has been fully deed restricted; j . a floor plan of the existing units indicating the units 1-8 consistent with the square footage_ and representations; k. no tracking of mud during construction shall be permitted on city streets during construction; 1. language stating that the subdivider hereby acknowledges the sidewalk snow removal requirements ! of 4 i 388441 A-802 P-769 12/20/95 09 :49A PB 5 OF 1.0 Article VIII in Chapter 19 of the City Code and covenants that, upon activation of the subdivision homeowners association, the association will immediately assume responsibility for snow removal for the Gibson Avenue sidewalk adjacent to the homeowners ' properties and the future sidewalk on Lone Pine Road. This language shall also be included in the subdivision covenants; m. language stating that prior to the issuance of any building permits driveway/access site plans for each parcel shall be submitted for review to the Parks Department and Planning staff to ensure minimum disturbance outside of the building envelope for necessary access drives, n. a construction schedule that outlines completion dates for public improvements, general infrastructure, grading plans, planting schedule etc. ; and o. security for public improvements and landscaping shall be provided to insure performance of construction of public improvements and proposed landscaping. 4. The final Subdivision plat ' and plan shall include the following: a. all transformer and utility easements; b. identification of new street lights; c. future sidewalk, curb, and gutter. The sidewalk must meet ADA access requirements (no steps) , including the transition to the street; d. a detailed landscape plan approved by the Parks Department; e. revised building envelopes on Lots 1, 2 , & 3 as submitted for council's review August 28, 1995 and the revisions to the driveway/access (primarily in order to preserve to the maximum extent possible, the small aspen grove on the northeast corner of Lot 6) and Lot 3 as submitted for Council 's review September 11, 1995. f. a note prohibiting parking in the emergency access drive on Lot 3 ; g. notes preventing future development, including without limitation landscaping (other than native vegetation) , fencing, patios, decks, hot tubs, and all other development outside of the building envelopes to protect the natural landscape; and 5 388441 H-802 P-770 12/20/95 09.-49A PC; 6 OF 10 . ....._... _. _ . .... __ h. a grading plan and profile for the entrance to the subdivision and entire private drive. 5. Prior to the issuance of any building permits: a. tree removal permits from the Parks Department shall be required for the removal of any trees 6" in caliper or greater and any trees proposed to be saved shall be protected during construction, including no digging in the drip line; ' b. the applicant shall file, with the Environmental Health Department, a fugitive dust control plan and construction and soil moving plan that adheres to the Institutional Controls established for the Smuggler _Superfund site and- administered- by the Environmental Health Department; C. a deed restriction for an employee dwelling unit shall be filed with the Housing office. The deed restriction shall adhere to the Housing standards and guidelines in effect at the time of recordation; d. a storm drainage plan and landscape plan shall be reviewed and approved by appropriate City Departments; and e. building envelopes shall be staked to ensure compliance with restrictions of said building envelope. 6. Prior to recording the final plat: a. the applicant shall enter into an agreement with the Engineering Department to construct sidewalk, curb and gutter in the future; and b. the applicant shall determine if a RFTA bus stop easement is necessary adjacent to Lot 6 of the subdivision and location and size shall be indicated on the final plat. 7. Any irrigation system that is installed shall be incompliance with the water Conservation Code. 8. The applicant shall maintain the historic runoff patterns that are found on the site. 9. The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing improvements in the public right-of-way. '� 6 388441 B-802 l=°_771 12/20/95 09 :-49A i•G 7 OF 1ICi 10. At the completion of each phase of the work, the applicant shall submit a statement by a registered professional land surveyor that all required survey and property monuments remain in place or have been re-established as required by Colorado Revised Statutes. 11. Prior to issuance of Certificates of Occupancy for the various phases of the project, the applicant shall submit reproducible mylar as-built drawings of sidewalk, utility improvements, and all other work located within the public rights-of-way, showing horizontal and vertical locations within 1 foot accuracy of all utilities, including their size and identification, together with any other features encountered during excavation within the rights-of-way. The as-builts shall be signed and stamped by a registered professional engineer. The .as-builts shall also be provided to the City on a 3 . 5" diskette in DFX format compatible with the City GIS Arclnfo system. The base data for the parcel shall be obtained from the City/County data processing department to ensure that the subdivision DXF file fits the GIS system. The as-builts shall include the building footprints and site improvements. 12, All lighting fixtures will face downward and be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways and driveways will be low to the ground (approximately 3 ' in height) and shielded. 13 . All work in the public right-of-way shall require a permit from the streets department. 14. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am. and 10 p.m. 15. Creation of the six free market parcels shall be conditioned upon the deed restriction of seven of the existing dwelling to category 1 and 2 in compliance with the Affordable Housing Guidelines in effect at the time of recordation of the deed restrictions. 16. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. section 4• That it does hereby grant a rezoning for Parcel 7 of the Mocklin Subdivision Aspen, Colorado from residential multi-family (R/MFA) to affordable housing (AH) with the following condition: 7 388441 B-802 P-772 12/20/95 09149A PG 8 OF 10 Ank 1. The existing floor area ratio, density and free a. , I market/affordable housing mix shall remain the same unless amended by a substantial amendment to the Mocklin subdivision approval. Section 5• The Official Zone District Map for the City of, Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 4 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 6• All material representations and commitments made by the developer pursuant to the approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 7: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the h� Mocklin Subdivision as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property 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 said vested rights. 2 . The approval granted hereby shall be 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 or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4 . The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which 388441 B-802 P­773 12/20/95 09 .49A PG 9 01= 10 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 8• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. section 9: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10• The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations 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 11• That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 12• A public hearing on the Ordinance shall be held on the _ of 1995 at 5: 00 in the City Council Chambers, Aspen City Hall, As n Colorado, fifteen (15) days prior to which hearing a public noti e of the same shall be published in a newspaper of general 9 388441 8-802 P-774 12/20/95 09:49A PG 10 OF 10 circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the lb x-& -day of 1995. l� John bennett, Mayor A es athryn Ko , City Cler FINALLY adopted, passed and approved this day of 1995. John Ben ett, Mayor Kathryn Ko h, City Clerk 0 I P I ... io I i i ATTACHMENT-&f S_UBDIVtsttnrr ACRE EMFNT FOR THIS SUBDIVJ,SIpN AGREF,MENT is made and entered into this '''��-.: March, 1996, by and between THE CITY OF ASPEN, COLORADO a3' of corporation (hereinafter referred to as "City"), and PETER and MONICA M. MOC copal (hereinafter referred to as Owner ). KI.IN WHEREAS, Owner has submitted to the City for approval, execution and recordation a Final Plat of a tract of land situated within the City of Aspen, Colorado and more particularly described on Exhibit A attached hereto and made a Y referred to as the "Final Plat"), said Property p� hereof by this reference (hereinafter Subdivision% and p PertY being hereafter designated as the "Mocklin WHEREAS, City.has fully considered the Final Plat, development nt the proposed improvement of the lands therein, and the effects of the proposed development and improvement of said lands on other adjoining or neighboring properties and property owners; and SAS, City has imposed certain its approval, ex conditions and requirements in connection ecution and recordation of the Final Plat, such matters being necessary to protects Promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfull y perform the conditions and requirements imposed by City in approving the Final plat; and WHEREAS, under the authority of Section 7-1005(C and D) of the Aspen Municipal Code, City is entitled to assurance that the matters hereinafter agreed to will be faithfully Performed by Owner. y NOW, THEREFORE, for and in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the by the City, it is mutually agreed as follows: Final Plat for recordation --'' A. �oninQ and Re ntarnr5. e„ rovatc, �� 1. Under and pursuant to Ordinance No. 35 (Series September 11, 1995, the Aspen City Council granted subdivision of 1995) ad approval for the created tion n of six single-family residential lots and one affordable housing lot in the Mocklin Subdivision. 2. . On June 6, 1995, the City of Aspen Planning and Zoning Commission granted special review approval for Parcel 7 of the Mocklin Subdivision, establishing a arks 393680 06/14/96 09ei7A PG 1 :' p ng SILViA DAVIS PI.TKIN .COUNTY YFCLERK & RECORDER 106C0@ __,._.._.__...._,_.._. DOC UGC requirement of 15 spaces, an allowable floor area ratio of 0.40:1,and an open space requirement of approximately 60 percent. 3• Lots 1 through 6 of the Mocklin Subdivision are zoned R-15A, Moderate Density Residential, and Lot 7 is zoned AH, Affordable Housing, subject to the condition that change in the approved floor area ratio for Lot 7, or in the density or free market/affordable t any housing mix in Mocklin Subdivision, will require a "substantial" amendment to_the o Subdivision approval. klin 4• The City Council exempted exchange for the eventual deed Lots I through 6 from growth management in the existing Mocklin Apartment by Owner of seven of the eight free-market units in g partment Building on Lot 7. B• Affor able Houc;no 1• Units 2-8 in the Mocklin A APCHA income partment Building on Lot 7 shall be deed restricted to f price and occupancy guidelines and regulations in effect at the time of recording'of each deed restriction, in accordance with the following schedule: (a) The deed restrictions for Units 2 and 5 shall be recorded prior to the issuance of the first building permit for a single-family residence on any of Lots 1-6 in the Mocklin Subdivision. (b) The deed restriction for Unit 6 shall be recorded prior to the issuance of the second building permit for a single-family residence on Lots 1-6. (c) Unit 4 shall be deed restricted prior to the issuance of the third bull Permit on Lots 1-6, ding (d) Unit 3 shall be deed restricted prior to the issuance of the fourth building Permit on Lots 1-6. g (e) Unit 7 shall be deed restricted prior to the issuance of the fifth building permit on Lots 1-6. g (fl Unit 8 shall be deed restricted prior to the issuance of the sixth and final building permit on Lots 1-6. (g) If not sooner recorded in accordance with the above schedule, deed restrictions for all of Units 2-8 shall be recorded prior to the seventh anniversary date Of this Subdivision Agreement. 2• Said Units 2-8 shall be deed restricted to the following affordable ale h ousing 2 393680 06/14/96 09:17- PG OF P1 Uni No- No. of Bedrooms i i AH Category 3 11470 sq. ft. 3 4 1 630 sq. ft. 2 5 2 690 sq. 6 2 760 sq. 2 7 470 s ft.1 1 760 q 8 1 370 sq. ft. 1 A floor plan of the Mocklin Apartment Building is attached hereto as Exhibit B and made a part hereof by this reference, 3. Upon the recording of each of said deed restrictions, an existing tenant in the newly deed restricted unit shall have the following rights: (a) If the tenant is an employee/qualified resident, and if the tenant also meets the "income and asset limitations" for the Category to which the unit has been deed restricted, all as defined in the APCHA guidelines then in effect, the tenant can remain in the unit for as long as he or she wishes. (b) If the tenant is an employee/qualified resident but does not meet the income and asset limitati ons, recording the tenant can remain in the unit for a period of one year following the date of ording of the deed restriction. (c) If the tenant is not an employee/qualified resident, the tenant can remain in the unit for the remaining term of the tenant's lease or for a period of 6 months following the.date of recording of the deed restriction, whichever is shorter. 4. Owner reserves the right at any time and from time to time to apply to the City for approval. of various possible modifications to the Mocklin Apartment including without limitation (a) the creation of one or more affordable housininunit In e existing garage on Lot 7 and the substitution thereof for previously deed restricted units or for units still to be deed restricted, (b) the incorporation of portions of said garage into one or more existing apartment units, thereby increasing the size thereof and reducing from seven to six the number of said apartment'units that must be deed restricted hereunder (c) without utilizing the garage, the increase in size of one or more of the existing apartment' from seven to six the number of said apartment units that deed restricted heredunder, and/or (d) the creation of additional units. If any such approvals are ever applied accordingly. for and granted by the City, Section B (1 and 2) of this Subdivision Agreement shall be amended 5• Owner reserves the right to condominiumize the Mocklin Apartment Buildin accordance with the applicable provisions of the Aspen Municipal Code then in effect. g in 3 393680 06/14/46 09:17A PG 3 OF 21 6. If Owner elects to vacate the Final Plat in accordance with the applicable provisions of the Aspen Municipal Code, this Subdivision Agreement shall automatically terminate and be of no further force or effect upon such vacation, and the deed restriction requirements contained in this Section B shall terminate as well. C. Subdivision Improvements 1. Prior to the issuance of the first building permit for a single-family residence on any of Lots 1-6 in the Mocklin Subdivision, Owner shall and hereby agrees to accomplish the following subdivision improvements: (a) Construction of the private access driveway from Lone Pine Road to Lot 1, and of the 5-foot wide hard surface walkway that parallels said access driveway, in accordance with the Utility Plan attached.to the Final Plat. (b) Installation of a sidewalk along the portion of Lone Pine Road abutting on the Mocklin Subdivision, in accordance with the Utility Plan attached to the Final Plat. (c) Installation of street lights in accordance with the Utility Plan attached to the Final Plat. (d) Installation of water, sewer, gas, electrical, and telephone utility lines in accordance with the Utility Plan attached to the Final Plat. (e) Undergrounding of the overhead power lines that traverse the Mocklin Subdivision, in accordance with the Utility Plan attached to the Final Plat. (f) Abandonment in place of the existing 6-inch A.C. water main on Lone Pine Road by cutting said main in two places and installing 90 decree bends at both cuts, in accordance with the Utility Plan attached to the Final Plat. Owner shall coordinate such work with the Aspen Water Department, and in the course thereof shall replace two existing fire hydrants (nos. 953 and 957). The City agrees to reimburse Owner in full for all costs incurred by Owner in connection with replacing the hydrants, no later than 10 days following receipt of an invoice for such costs from Owner. 2. A construction schedule for the above-described improvements shall be submitted to the City Engineering Department at the same time that the financial guarantee described in Section D below is provided. 3. Owner agrees to complete the landscaping shown on the approved Landscape Plan (attached to the Final Plat) in as logical a sequence as possible in relation to the completion of the above-described subdivision improvements, but in no event later than one (1) year after the,. date of issuance of the first building permit for a single-family residence on any of Lots 1-6. Owner reserves the right to plant additional native vegetation within the Subdivision, as Owner may consider appropriate from time to time, without further approvals being required. Owner 4 393660 06/14/96 09:17A PS 4 OF 21 also reserves the right to amend the Landscape Plan attached to the Final Plat, subject to review and approval by the City. 4. Within 90 days following completion of the subdivision improvements described above, Owner shall furnish to the City Engineering Department reproducible mylar as-built drawings of sidewalk/curb/gutter,utility improvements, and any other work located within public rights-of-way, showing horizontal and vertical locations within one (1) foot accuracy of all utilities, including their size and identification, together with any other features encountered during excavation within said public rights-of-way. The as-builts shall be signed and stamped by a registered professional engineer, and shall also be provided to the City on a 3.5 inch diskette in DFX format compatible with the City GIS ArcInfo system. The base data for the property shall be obtained from the City/County data processing department to ensure that the subdivision DFX file fits the GIS system. 5. Also within 90 days following completion of the subdivision improvements described above, Owner shall furnish to the City Engineering Department a statement by a registered professional land surveyor that all required survey and property monuments remain in place or have been re-established as required by Colorado law. D. Financial Assurance In order to ensure construction and installation of the subdivision and landscaping improvements described in Section C above, and to guarantee 100 percent of the current estimated cost of such subdivision improvements, and to guarantee 125 percent of the current estimated cost of installing such landscaping improvements and of maintaining and replacing the same for a period of two (2) years after installation, which estimated costs have been approved by the City Engineer and are specifically set forth on Exhibit C attached hereto and made a part hereof by this reference, Owner shall provide to the City a financial guarantee in the form of a cash escrow, an irrevocable bond, sight draft or letter of credit from a financially responsible lender. Said guaranty shall be delivered to the City before Owner commences construction or installation of any of said subdivision or landscaping improvements, shall be in a form acceptable to the City Attorney and the City Manager, and shall give City the unconditional right, upon default by Owner, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding bills for work done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such guaranty is released to Owner. Provided, however, that Owner shall be given fourteen (14) days written notice of default prior to City's ability to make a call under the letter of credit. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release of the actual cost as documented by invoices for that portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and with respect to landscaping improvements, an additional twenty-five 5 393680 06/14/96 09: 17A PS 5 OF 21 percent(25%)of the estimated cost thereof shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. It is the express understanding of the parties that the procedure set forth in Section F below pertaining to the procedure for default and amendment of this Subdivision Agreement shall not be required with respect to the enforcement and implementation of this financial assurance and guarantee to be provided by Owner as set forth above and required by Section 7-1005(C and D) of the Aspen Municipal Code. E. AdditionUl Requirements and Restrictions 1. Prior to the issuance of any building permits for the construction of single-family residences on Lots 1-6 of the Mocklin Subdivision: (a) The Lot owner shall obtain a tree removal permit from the City Parks Department. for the removal of any trees of 6 inch caliper or greater, and any trees proposed to be saved shall be protected during construction, including no digging in the drip line. (b) The Lot owner shall submit a storm drainage plan for review and approval by the City Engineering Department. (c) The Lot owner shall stake the Building Envelope on the Lot to ensure compliance with restrictions pertaining to said Building Envelope. (d) The Lot owner shall submit a driveway access plan for review and approval by the City Parks Department and the Planning Department to ensure that the access driveway causes the minimum disturbance outside of the Building Envelope on the Lot. (e) The Lot owner shall pay a Park Dedication Fee to the City, calculated in accordance with the schedule set forth in Section 24-5.603 of the Aspen Municipal Code, as said provision may be amended from time to time. 2. Prior to the sale by Owner of any of individual Lots 1-6, Owner shall file with the Environmental Health Department a fugitive dust control plan and construction and soil moving plan that adheres to the Institutional Controls established for the Smuggler Superfund Site and administered by the Environmental Health Department. 3. Except for existing devices in the Mocklin Apartment Building, all solid fuel burning devices in the Mocklin Subdivision shall comply with Section 11-2.3 of the Aspen Municipal Code, as it may be amended from time to time. 4. Owner acknowledges the sidewalk snow removal requirements of Article VIII of Chapter 19 of the Aspen Municipal Code, and agrees that from and after its formation, the 6 393680 06/14/96 09: 17A P'6 6 OF 21 Mocklin Homeowners Association shall be responsible for snow removal for the sidewalks along the portions of Gibson Avenue and Lone Pine Road that abut on the Mocklin Subdivision. The Mocklin Homeowners Association shall be comprised of the owners of Lots 1-6 of the Mocklin Subdivision, and Owner agrees to form the Association before Owner sells any of individual Lots 1-6. 5. Parking is prohibited anywhere within the platted emergency access easement within Lot 3. Lot 3 shall have the right to use said easement for purposes of ingress and egress to Lot 3. 6. No signs shall ever be erected which label the common access driveway off of Lone Pine Road as "private", or which label the Mocklin Subdivision as "private property". Signs saying "Dead End Street" or "Not a Through Street", or the like, shall be permitted. 7. No mud shall be tracked onto City streets during construction within the Mocklin Subdivision. 8. During construction within the Mocklin Subdivision, construction activities shall only take place between the hours of 7:00 a.m. and 10:00 p.m., and noise shall not exceed maximum permissible sound level standards. 9. All work performed in a public right-of-way shall require a permit from the City Streets Department. 10. Any irrigation system that is installed within the Mocklin Subdivision shall be in compliance with the Water Conservation Code. 11. Owner and all future Lot owners shall maintain the historic runoff patterns within the Mocklin Subdivision. 12. Owner agrees for themselves and for all future Lot owners in Mocklin Subdivision to join any improvement districts which may hereafter be formed for purposes of constructing improvements in the Gibson Avenue and/or Lone Pine Road public right-of-ways. 13. All exterior lighting features within the Mocklin Subdivision shall face downward and shall be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways and driveways shall be low to the ground (approximately 3 feet in height) and shielded. 14. Owner agrees that all material representations made by Owner in the Mocklin GMQS, Rezoning and Subdivision Application, and during public meetings with the Aspen Planning and Zoning Commission and the City Council, shall be adhered to unless modified by the provisions hereof. 393680 06/14/96 09: 17A PG 7 OF 21 7 F. Non- omplian a iii d Request for Amendments or-Extensionsi bj Owner In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City Council shall notify the Owner in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. If City Council determines that Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non- compliance and requiring the Owner to remedy the same within thirty (30)days. Within twenty (20) days of the receipt of such order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did Exist, or (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Subdivision Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Subdivision Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s)are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. 8 393680 06/14/96 09: 17A PG 8 OF 21 G. General Provisions I. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Subdivision Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. S. Numerical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6. Upon execution of this Subdivision Agreement by all parties hereto, City agrees to approve and execute the Final Plat for Mocklin Subdivision, and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. 7. Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN City Manager 130 S. Galena Street Aspen, CO 81611 Peter and Monica M. Mocklin P.O. Box 807 Aspen, CO 81612 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described on attached Exhibit A and any and all owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto,.their successors, grantees or assigns. 9 393680 06/14/96 09: 17A PG 9 bF 21 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a municipal corporation LW (/ Mayor Kathryn S. h, City C erk APPROVED AS TO FORM: `3"0 o ster, City Attorney OWNER: r/-ffIV'fl/z P r Mockiin MonikM. Mocklin STATE OF COLORADO ) )ss COUNTY OF PITION } The foregoing instrument was acknowledged before me this day of r , 1996 by John Bennett as Mayor and by Kathryn S. Koch as City Clerk of � 4fie City of Aspen, Colorado, a municipal corporation. i Witness my hand and o4 fficial seal. jay commission expires: o3�jJ� 4Noary bllc 393680 06/14/96 09: 17A PG 10 OF 21 10 STATE OF COLORADO ) )ss COUNTY OF PITKiN ) foregoing instrument was acknowledged before me this day of g g g 1996 by Peter Mocklin and by Monica M. Mocklin. ess my hand and official seal. FL mmission expires: G +yam r _ (STs Q t_i Notary Pub i 31 393680 06/14/96' 09:17A PG 11 OF 21 16470 11 i EXHIBIT A UI11 h IT A PARCEL A A tract of land situated in the Suvthwest it of Section 7, Township 10 South, kNtigu 84 West of the 6th Principal Meridian, more particularly described as follows: Rvi;I list inb at u point whence the renter !% corner of Section 7, Tnw++ship 10 South, Rr+ngee 84 WeSC of the 6th Principal Meridian, bears N 59'57'54" E 1042.64 feet ; ti+ence S 17'`11'30" F.' 147.88 feet; thc•ncu S 89'20'00" 1: 181.86 feet; thrncu 5 00'40'20" W 189.89 feet; thvne:v S 89 120100" t: ti4.64 feet; theme S 15911 '27" ii 277.34 feet; thunc:e N 56601 ' 18" W H1 . 12 feet; tI+e,.Ice N 61,'49'45" W J03.50 feet; thence N 72'00'00" W 100.03 feet; tht•nce N 79'05'00" W 50.25 feet thencv N. 81 °37'00" W 100.00 feet; th.•nce N 7.0'55'00" W 98, 72 feet; thence N 48'00'23" W 100.12 feet; thence N 27'51'48" r 404.48 feet to the point of beginning;. PARCEL ti A tract of land situated in the N£z of the SA of Section 7 , Township 10 South, Range 64 West of the 6th Principal Meridian, more fully described as follows: Beginning at a point whence 'the center z corner of said Section 7 bears N 45'28'51" E 948.45- feet; Thence N'0.O'40'00" £ 24.84 feet to a point on the southwesterly right of way of Lone Pine Road, thence along said right of way 105.56 feet along the arc of a curve to the right Ila..ing v rut1l1w of 256.76 feet unel whose chord bears S 27'!.8'07" B 104.82 Feet; 'Thence S• 15°31'27" E 127.21 feet al:on.g said right of way; thence N .89'20'00" W 84.64. feet; thence N 00'40'20" F 189.89 feet to the .point of beginning. sys�tlr0 o6/14/96 09 s 17A FAG 12 OF 21 393680 06/14/96 09: 17A PG 13 OF 21 i i 1 DMr6D LINE+ Roof DYf1LHAHe 31'� lW D6GK Iw { 01MINa KITLNEI{ BED RM%tp BED mk I,d BEDRM.N23•' 8E0 RN,N42 41NIN6 kli'G1tEN I- 0 00 G f I - - BATH 8At _ - x DECK APT N°- t — APT•N°2 :. I .4, \ I 0.0 LIVING AUA MASTER 9Eo an $A1•H MASVRR 8t:D RM. LIVINf.ARRA I ,. 14 DFGx I DECK t' t de A" ¢I•� /gt a6_ _. _ r.-�. � +�... .t.t. JIB� �_ - ...3E•� � 141 I .-. - _. `y- SECQO FLORR FLOOR PLAN SCALE Ile— 11 SHEET Hltt DWTI 4.N. - M M- �D [�n cKlc P.iM^ �O�.LfLI��UV. L�+?D Cl 12uU_tIDUV� t!- UOL�Dn"' b4o2 LONE Q1N� ROAD ASPEN CotORADO oK 6 DATE AUG-93 - - : . 39.3680 09:17A PG 14 OF 21 SICEWARK fs s � - a { 1rlPHTFA GDNCREfE DRIVE t _ LAWN RnTAAM WALL ' 191-°• °I-� - - J - .. I �s WRtbGW WELL FOR 42�, 't +g19� 2319 se- APT&M 4 li- - Y ... a.• .. _e j Df DMTEO LINE-(WERita.N6 aaTRwq J APT w2 �-._�._li. �•�— N?.Nl1 •` LAWN UP /f a K_. `- mss• J1� . tI LIVING owlNt - tt I \ LNIN6 OlNm6 _ I-y I I ... �•IS mmorm, GiARF rA DCARS - _ -at1c116 x APT MQ-3 r APS No i#Itna N APT W?8 LIVING �j KI GRE 1. _ Y RPE CoLatH Ig11E14, .y ^I IIAT # w � RAMP �°! 9 • 3 - - 6ED RM WRI aso RM.N?2 1fATR BED It". t OFF7GE� r i T6 NT GL036 TS "Nj C SIMVIARK SIDE WAAK- _ s s',- toll` • ' 31 Y - .o• L.JAJtJ• v> 61 Iii •e o• 1°• .- LAWN y f SHEET W 2- DWN I,n (�f� �j(� �1 n, /. /-- —{ -- j�{� (�_ (� (�/� CHK P.M. Inn:O �( [J i I 1„"rj �3 ED /J�� //�� �j (,, + M �;t��{J' D�I J n°I((n" OQOQ LO1J� YtidE ROAD ASPEN GOLORA00 Of 6 DATE AUfx 93 lJ 1 Li! LiLf (J ll L1!�U V \J U L� U J 1 V C 1 ( 393680 06/14/96 09: 17A PS 15 OF 21 I A BED RN 1 4ED RM$ I a'PIPE ceW BASENQNT 8ED R?t(, ' 8ED RM2 ;i - TM EIASEME.MT x I� KFCNFN 7N r AST 0 7 r 6V.,w a". TRIS AREA LMbER GARAeF - LivINC NOT EACAVATET K DININ 6 LtY1N6 3`N.F'[e,uhm - ➢' INNING LTV,N6 1 r k, Pr.#6 INc: s,,v r ern>. Ap-r#4 j - cz=a= �,. -. .....2Y 25�• 3C�• 26°E WINO— WFIt FLOOR FLAN GARDEN LEVEL SCALE Va'=1' SHCEt N4.7 { Dw,j 4H. .. In1 DD �nI f�C L K!�U U U o o�rr_.1 PA t 1 U 7 U �L_�J A I J � U U L U M 0202 LONE ME RD ASPEN CAIDPADOt o>:s l9ATE.AU6.�3 - 03 107196DATE BANNER EXHIBIT C MOCKLIN SUBDIVISION INFRASTRUCTURE IMPROVEMENTS ENGINEER'S OPINION OF PROBABLE COST SANITARY SEWER IMPROVEMENTS SCHEDULE "A" ------------------------------------------------- ITEM DESCRIPTION -'-------'�----------------------- ------------------ UANTITY °-- _______._____ UNIT UNIT PRICE TOTAL _------------------------------ --------------------- --------462------------------- 8" SDR 26 PVC 1 LS $1,000.00 $1,000.00 4' Dia. Manhole LF $30.00 $13,860.00 4" PVC Service 6 EA $2,200.00 $13,200.00 8"Service Connection 6 EA $1,500.00 $9,000.00 Saw-Cut Existing Asphalt 6 EA $40.00 $240.00 Remove Existing Asphalt 50 LF $1.10 $55.00 Remove Existing Curb and Gutter 20 SY $4.50 $90-00 Replace Existing Curb and Gutter 80 LF $3.00 $240.00 Replace Existing Asphalt 80 LF $14.25 $1,140.00 Aggregate Base Course 4 TON $48.00 $192.00 Televise Sanitary Sewer 18 TON $18.00 $324.00 Engineering Inspection 462 LF $1.50 $693.00 Traffic Control 1 LS $4,500.00 $4,500.00 ----------------------------- 1 $3,200.00 $3,200.00 Sub-Total -------------------—----- $47,734.00 WATER IMPROVEMENTS SCHEDULE"B" --------------- --------------------------- ITEM DESCRIPTION � -------------------- '"""�'----- --------------------- QUANTITY ------------------------------- ITEM UNIT UNIT PRICE TOTAL ------------------------ _ ---------------------------- - - ------------------------------------------------------- Mobilization LS Saw-Cut Existing Asphalt 6 1 1 LF $1,000.00 $1,000.00 Remove Existing Asphalt 50 SY $1.10 $66.00 Replace Existing Asphalt 12 TON $4.50 $225.00 Aggregate Base Course 16 TON $48.00 $576.00 8" Hot Tap Sleeve and Valve 1 EA $18.00 $288.00 8"Wet Tap&Valve $2,700.00 $2,700.00 8" D.I.P. 1 EA $4,500.00 $4,500.00 Fire Hydrant Assembly 512 LF $32.00 $16,384.00 8"Gate Valve 2 EA $3,200.00 $6,400.00 8" Bend 1 EA $625.00 $625.00 1" Copper-Service Connection wl Tap 6 EA $150.00 $900.00 1" Blow-off 6 EA $1,700.00 $10,200.00 Traffic Control 1 EA $750.00 $750.00 Inspection Fees 1 LS $3,200.00 $3,200.00 1 LS $3,000.00 $3,000.00 Sub-Total °__--------------------------------------------------------------—------------------------------—------------------ $50,814.00 393680 06/14/96 09: 17A PG 16 OF 21 03/07/96DATE BANNER -------------------------------COSTSUMMARY --`-°--"---"'-`- -------------TOTAL SCHEDULE _------ ---_---------------------------------------- ------------- SANITARY SEWER LINE --- -'--`-""-`--`--`--- ------------------- ��A„ ` $47,734.00 WATER LINE „B„ $50,814.00 SUBDIVISION ROADWAYS AND licit PARKING AREAS $43,474.00 PRIVATE UTILITIES "D" $61,280.00 DRAINAGE IMPROVEMENTS ------------------------------ $12 73 ------------------- 8.00 TOTAL ---------------------- $216,040.00 NOTE: TAP FEES HAVE NOT BEEN INCLUDED IN THE ABOVE PRICES 393680 1706/14/96 09: 17A PG 19 OF 21 BANNER 03/0719 SUBDIVISION ROADWAY AND PARKING AREAS SCHEDULE "C" -------------------------- ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL __------------------------------ Mobilization 1 LS $700.00 $700.00 Clearing and Grubbing 1 LS $3,200.00 $3,200.00 Unclassified Excavation 500 CY $5.00 $2,500.00 Fill 560 CY $6.00 $3,360.00 Aggregate Base Course 450 TON $15.00 $6,750.00 Hot Bituminous Asphalt 320 TON $40.00 $12,800.00 Signage 1 EA $250.00 $250.00 Concrete Sidewalk 2325 SF $4.00 $9,300.00 Aggregate Base Course 62 TON $15.00 $930.00 Hard Surface Walk 1 LS $3,684.00 $3,684.00 --------------------------------------------------------------------------------------------------------------------------------------------- Sub-Total $43,474.00 NOTE: Revegetation including placement of topsoil on road cut/fill areas has been included in the landscape cost estimate. PRIVATE UTILITIES SCHEDULE "D" --------------------------------------------------------- ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL ------ ------------------------- Mobilization 1 LS $1,000.00 $1,000.00 Joint Trenching 1165 LF $14.00 $16,310.00 Holy Cross Contract 1 LS $15,500.00 $15,500.00 US West Comm. Contract 1 LS $6,640.00 $6,640.00 KN Energy Contract 1 LS $2,200.00 $2,200.00 Street Light 6 EA $2,700.00 $16,200.00 Street Light Electrical Service 490 LF $7.00 $3,430.00 ------------------------------------------- Sub-Total $61,280.00 393680 06/14/96 09: 17A PG 17 OF 21 BANNER 03/07/96 DRAINAGE IMPROVEMENTS SCHEDULE "E" --- -----------------------------------------—----------------------------- ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL ----------------------I-------------------------------------------------------- Mobilization $700.00 $700.00 6" CMP 25 LF $20.00 $500.00 12"CMP 49 LF $22.00 $1,078.00 18" CMP 75 LF $28.00 $2,100.00 Rip-Rap End Section 5 EA $125.00 $625.00 1000 Gallon Drywell - - - - - - - -- - 2 EA $3,200.00 $6,400.00 Type 2 Curb and Gutter 60 LF $14.25 $855.00 Aggregate Base Course 12 TON $15.00 6'V-Pan w/ Fillets 20 LF $180.00 $15.00 $300.00 ------------------------—---------------—---------------- $1 2,738.00 393680 06/14/96 09:17A PG 16 OF S1 March 1, 1996 Mr. Sunny Vann Vann Associates, Inc. 230 W. Hopkins Aspen, CO 81611 RE: Mocklin Subdivision Dear Sunny, Pursuant to your request I have prepared the following cost estimate for the proposed landscaping at the above referenced project. These costs are based on 1996 contract unit prices adjusted for inflation to 1997. The Mocklin Subdivision Landscape Plan dated March 1, 1'06 has been used as a basis for this estimate. 1. 13 Cottonwood, 2-3"caliper @$250/ea. $3,250.00 2. 21 Aspen, 2" caliper @ $150/ea. 3,150.00 3. 9 Dogwood, 5 gallon @ 35/ea. 315.00 4. 12,000 s.f. seed @ .12/s.f. 1,440.00 5. 111 yards topsoil @ 30/yd 3,330.00 6. 12,000 s.f finish grading @ .04/s.f. 480.00 Total $11,965.00 If you have any questions or comments or should you require further information please do not hesitate to contact me. Sincerely, Thomas G. Stevens 393680 06/14/96 09: 17A P(3 20 OF 21 312 E,Aspen Airport Business Center,Aspen,Colorado 81611 (303)925-6717 FAX:(303)925-6707 ATTACHMENT S (,� CERTIFICATE OF CITY_C_C3�{NCIi APPRQVAi -- �\ \r0^/ x.-�Ja'VF FA u✓/E^.'9 FOK:.v6+ c-5,tiv.,-i 'PE SHEET INDEX, Q--KRSIitP AND DEDICATIQN _ ER G .f�G � V � �� _"�x� ,5i CF:X.+ZS ,�;h'PFsRiC4fl-'°'t 3°rnlD 4 F6'i+<E ANC- `/ `E C !.'r..:r (.T -J<-G, G �° •r'S..-Af___ X v 5Y 7FIF5E;e�EN s FINAL PLAT hT e s c ncx c Latices Krl tfi e lr; or. -- /'- /✓7�Uh Pq. NICC1.rCA M /G`XL/", BEI.K>:rff,F£G .D ::U.517/ 'C ."/J AcL f'''"L r'F* f21F� _I ACCE55 RQAV PLAN PIZOFtLE ,-✓. c cF Tti r�uOw,•NG,a z;�€a.P sL •-r •rev, ,��.rs�sL.a.+,e.E%0 ortf z._/,✓./.%�2 2 CEO N6 e DRAT W6E PLAN �°Ee s T n ?ti 7 c'rr 0r AS,-N;P ruu ?Jc cy tit E5 Oe vow / (F) \ c--3 NI 1AKf 5E4 Eiz PLAT xw cL�c�r R€}«Erzs z✓ `e XJ ;u s�eGlvrS,°�' y,u ` - 5G77'pn' T�^r✓h' 1LP,✓. '.Jrr', RF.' E PL E of ,:.FJ'.�.�.c, s� £> � 6 F,.�^.r. C-5 PRNATE UTILtT7E�PLAN `zL f e ! 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Parcel I.D. No.2737-073-23-001. ,%J ,2 SIB DATE: June 10, 1998 D. SUMMARY: The applicant, Creekstone Builders, Inc. (represented by Vann Associates), is requesting approval of an Insubstantial Plat.Amendment to the Mocklin. Subdivision, which is located adjacent to the intersection of Gibson Avenue and Lone Pine Road. Two amendments are requested: first, the subdivision's sanitary sewer plan has been revised to eliminate the necessity for lift stations on Lots 1 and 2; and second, the applicant would like to revise one of the plat notes (effectively revising one of the original conditions of approval) in order to eliminate a conflict with another condition. These two requests are elaborated upon below. Community Development staff recommends approval, with conditions, of the requested Insubstantial Plat Amendment for the Mocklin Subdivision. Referral comments from the Engineering, Environmental Health, and Parks Departments as well as the Aspen Consolidated Sanitation District are attached as Exhibit B. APPLICANT: Creekstone Builders,Inc.,represented by Vann Associates. LOCATION: Adjacent to(at)the intersection of Gibson Avenue and Lone Pine Road. ZONING: R-15A(Lots 1-6 and access road)and AH-1/PUD (Lot 7) CURRENT LAND USE: Lots 1-6 are vacant, and Lot 7 contains a multi-family residential structure. PROPOSED LAND USE: Detached, single-family residential on Lots 1-6; deed restricted(affordable)multi-family housing on Lot 7. BACKGROUND: The Mocklin Subdivision was approved by City Council Ordinance Number 35, Series of 1995. A final plat, access road plan and profile, grading and drainage plan, sanitary sewer plan, water plan, private utilities plan, landscape plan, and subdivision agreement were recorded with the Pitkin County Clerk and recorder on June 14, 1996. The Subdivision is still undeveloped and maintains vested property rights status through September 11, 1998. The applicant intends to begin construction of the Subdivision's infrastructure upon completion of this requested Insubstantial Plat Amendment. I STAFF COMMENTS: In order for this proposal to qualify as an Insubstantial Plat Amendment, the request must comply with Section 26.88.050(A), which reads as follows: A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. RESPONSE: The request to amend the plat in order to allow for a superior sanitary sewer plan involves modifying the utility plans that were recorded as part of the plat. The design of the sanitary sewer plans will need to be reviewed for compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications before they can be approved. The contractor for development of the on-site system will need to be approved by the District and be qualified to work in a Superfund Site. The District will require easements for future maintenance and repair of"the on-site system, and said easements must be granted according to standard District form, including a requirement that said easements be indicated on the revised plat. The second reason for the requested amendments pertains to an apparent conflict between conditions 4.g. and 5.b. of Or nanc.P Numher 35 Cc+rioo t nnc },i n ar mPd approval of the Mocklin.Suhdivision, Condition 4.g. required that the Subdivision Plat contain a .note nrohibitina development and/or sturbance outsi a of the desiQriated building envelope in order to protect the natural landscape,but the„ nstallation of native vegetation for landscape purposes was specifically exempted from this condition. This condition was memorialized as plat note number 3. on the recorded final plat. The conflicting condition, number 5.b. of Ordinance Number 5-11 requires that_the Subdivision comply with the Institutional Controls which have been adopted by the City the Sailiggler E.2. of the Mocklin Subdivision,Agreement. is memorialized in paragraph The apparent conflict between these two conditions arises from the fact that compliance with the adopted institutional controls requires that all disturbed soils or materials that contain lead concentrations of 1,000 parts per million or greater be removed from the site or disposed of site in a manner consistent with the controls nd ire table 10, Aspen/Pitkirl En�nrnnmPn al H a�lth Den�rm,ent. In addition, contaminated soils which are not disturbed must be remediated (i.e. covered with at least one foot of uitcontaminated soil) in order to obtain a"clean bill of health"from the EPA. Portions of the Mocklin Subdivision located outside of the designated building envelopes contain contaminated soils. Thus, site remediation requires work, other than native landscaping, to take place outside of the designated building envelopes; hence,the conflict. 2 To address this conflict the annlicant requests an insubstantial plat amendment to revise Plat note number 3. in order to permit such disturbance outs! e of a esignated building dnve naoily necessary to comply with the institutional controls and to o ain a ca on t Corit?rninatar: � '� L a oo���F en remediated. While the Mocklins were aware that their property was located within the Smuggler Mountain Superfund Site,the extent of the required remediation had not been determined at the time the Subdivision was approved. Also, the requested revisions to the approved sewer plan were, at the time of the approvals, thought to be the best way of providing sanitary sewer service to the affected lots. The applicant has committed that, while disturbance outside of the designated building envelo es would be required, they will limit the disturbance and associated removal of vegetation to the minimum required to com 1 with the institutional controls and the recommen a ions o e Aspen/Pitkin County Environmental Heal ep ent, and to obia-in z i certification. Existing vegetation would be preserved to the extent feasible and all dis eas would be reve etated with native species. The applicant has also stated that they will submit to the Environment eal Department a fugitive dust control plan and a construction and soil disturbance plan which adheres to the institutional controls as required by condition number 5.b. of Ordinance 35-95 and paragraph E.2. of the Mocklin Subdivision Agreement. The applicant has also committed to, after the soil remediation activities are completed, limiting all building construction to within the designated building envelopes, as originally approved, and to limiting all road and utility construction to within the right-of-way and easements depicted on the recorded final plat. RECOMMENDATION! Staff recommends approval of the Insubstantial Plat Amendment for the Mocklin Subdivision with the following conditions: 1. All conditions of prior approvals, as described in Ordinance 35, Series of 1995 remain in full force and affect as conditions of this approval, with the exception that condition 4.g.of said ordinance is hereby amended to read as follows: "The final plat and plan shall include notes preventing future development, including without limitation landscaping(other than native vegetation), fencing, patios, decks, hot tubs, and all other development outside of the building envelopes to protect the natural landscape; however, disturbance of areas outside of.the designated building envelopes as is reasonably necessary to comply with the Institutional Controls and to obtain EPA certification that all contaminated soils have been remediated shall be permitted provided the applicant limits the disturbance and associated removal of vegetation to the minimum required to comply with the Institutional Controls and the recommendations of the Aspen/Pitkin County Environmental Health Department, and to obtain EPA certification. Existing vegetation shall be preserved to the extent feasible and all disturbed areas shall be revegetated with native species, in accordance with a landscape plan that is reviewed and approved by the City of Aspen Parks Department. After the soil remediation 3 activities are completed, all building construction shall be limited to within the designated building envelopes, as originally approved, and all road and utility construction shall be limited to within.the right-of-way and easements depicted on the recorded final plat." 2. The revised plat shall indicate the limits of the existing trail easement but shall not show the "trail.centerline," is the centerline tends to move from time to time; but is always within the easement. 3. -The stairs at Gibson Avenue must not be disturbed by any utility excavation or installation, and any potential impact to the trail, stairs, or landscaping must be fully coordinated with and approved by the City parks Department. 4. No trees shall be removed or relocated unless the appropriate permit(s) have been issued by the Parks Department Forester. All trees shown to be preserved must have construction or snow fencing placed around the perimeter of the drip line of the trees, and no excavation or placement of fill shall occur within the driplines of these trees. 5. Prior to the issuance of any building permits,the sanitary sewer plans must be formally reviewed and approved by the Aspen Consolidated Sanitation District (ACSD); the cost of this review and subsequent construction observation shall be borne by the applicant and the funds covering these costs must be placed in escrow with the District prior to construction; the contractor for the sewer work must be approved by the District and qualified to work in a Superfund site; easements for the future maintenance and repair of the on-site sewer system shall be granted according to standard District form; a contractor's bond and insurance is required to guarantee the system for a period of two years. 6. Any utilities to be placed in areas of fill shall meet the minimum depths for utility measured from final fill and grading. 7. The applicant shall install streetlights concurrently with the installation of infrastructure improvements. 8. Pursuant to Section 26.88.040(C)(4)(a)(20)of the Aspen Municipal Code,the applicant shall install a survey range point monument,and it must be tied to the new City survey grid. 9. All material representations made by the applicant in this application shall be adhered to and shall be considered conditions of approval, unless otherwise amended by the Community Development Director, the City Engineer, or a Board/Commission having authority to do so. EXHIBITS: Exhibit A-Application Packet; and,Exhibit B -Referral Comments APPROVED BY: �.� C�� lz •�tg 5Stanus Community Development Director 4 ' MEMORANniJM To:. Mitch Haas Planner From: Thomas S.Dunlop,Director ✓ Environmental Health Department ' ASPEN PITKIN . ENURONMENTAL HEALTH DEPARTMENT Date: May 22, 1998 Re: Mocklin Subdivision,Insubstantial Amendment The Environmental Health Department-has met with the applicant and reviewed the proposed insubstantial amendment relative to soil removal at the Mocklin Subdivision. The condition of approval requested by this office is as follows: The applicant must comply at all times with specific'- ` conditions of the City of Aspen. Institutional Control Ordinance that,regulates movement of soil within the Smuggler Mountain Superfunl it lur.mocklimdoc r • 130 SOUTH GALENA STREET • ASPEN,CocoRADO 81611-1975 •PHONE 970.920.5070 • FAX 970,930.5197 Printed on Regded Paper - Q •urwu a E 1 1" ONE _... .. — - — { f I' o ! t o JI / ' i p f][ ,u Qi r , T dpi y i M r `� t 1 / t i i �1 IMPROVEMENT SURVEY PLAT OF: LOT 4, MOCKLI N SUBDIVISION ATTACHMENT; A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO FOUND REBAR&yA a� q/�_ SHEET 1 OF 1 \ TREE LEGEND CURVE TABLE l` \ \ CURVE LENGTH RADIUS TANGENT DELTA BEARING CHORD ' �- ADJACENT KEY TREE TYPE DIAMETER GRIP UNE q• a� INCHES FEET C3 43.90' 1163RD' 2195' 2.09'45' N77'02'06'W 43.89' ' BUILDING --813 ;.• 4+ LOT 7 \- CONIFEROUSTREE SO 15 80.92' 536.(0' 40.54' 879'00' N82'26'29'W .9T T CONIFEROUS TREE 10 15 C2a 2.22' 536.00' 1.11' 0.14'13' N 8678'52•W 212' ;i• .w '+�. / 10.00'UT Ste. / \_\ [ONIFEROUS TREE 5 10 C2b 36.11' 536.00' &W 1'43146" N85'39'S2"W l6.ig EASE T 6n 90'Op LOT5 CONIFEROUS TREE 3 7 C2c 22.64' 536.00' 11.32' 2.25'11" N83'35'23"W 22.67' `• ':t•'• ".�' �` _ 1' 'W 10.00' -` / DECIDUOUSTREE 3.2 10 •� •�; �'" . ' 6n_\ '\ DECIDUOU$TREE 3.2 10 C2d 39.88' 536.00' 19.95' 4'15'48" N91'14'53•W 39.88' i '� DECIDUOUSTREE 13.3 20 C3 994' 203.00' 497' 2'48'17' S85'21'50'E g l 00-40,00 n �TIUTY /A4S/s OFa rNGJ -\_l / C4 27.21' 36.OD' 14.29' 43'28'12" S67'4l1'S4'E 26.57' '�•.. 5 E M, MIL. `� \/O CURB STOP � `IJ ,�A---- '�FUN / E AR a n e / GAS LINE PER IGN DRAWINGS \.. n\ �,6 100( J /p DESIGN DRAWINGS SAA TARYSEWEji UNDERGROUND ELE PER MANHOLE •p. Bn 20.00'UTILITY SUBDIVISION DESIGN D WING INV.0 NT 7893 967 EASEMENT / y C- rdB /GAS LINE PER SUBDNISIS / \ 0. LAMP DESIGN DRAWINGS 4 +` VICINITY MAP ° FOUND REBAR&CAP LS 28643 WATER E PER GENERAL UTILITY NOTE: SCALE:1'=2000' (l� BENCH MARK ELEV=7909.6' E, - SUB01 ION ING5 1)The locations of underground utilities have been plotted based on utility maps, 6 construction/design plans,other information provided by utility companies and actual field •^tea 1W / as n f locat-ns In some Instances.These utilities,as shown,may not represent actual field conditions.It is the responsibility of the contractor to contact all utility companies for field N N ELECTRIC MANHOLE OCREiE PAD 6'n Wig_- location of utilities prior to construction. an oA J\�EASEMENTRM/R / EASemera' 1 10.Oa«TIUTY q PROPERTY DESCRIPTION� LOT 4 EASEMENT - / iSERVICEELINE PEP / 20,2665O.FT. �/ I � '�• 'b LOT 4, UN OUNDTELEPHONE .v. q N SUBDIVISION {,".� / 0.465 ACRES ,j/ 1 mN +I PER DIVISION DESIGN MOCKLIN SUBDIVISION, 0/ DESIGN ,& BUILDING 1 DRAWINGS B ACCORDING TO THE PLAT THEREOF,RECORDED JUNE 14,1996 IN PLAT BOOK 39 AT DRAWINGS \ / ENVELOPE / ,$ / ;•n- PAGE92 AND FIRST AMENDMENTTO THE FINAL PLATOF MOCKLIN SUBDIVISION ADDRESS SIGN 1UNDERGROUND RRIC / RECORDED AUGUST 4,19981N PLAT BOOK 4S AT PAGE 59. LINE PER SUBD ISION - \ / £ DESIGN ING5/ ,q COUNTY OF PITKIN EMERGENR / I I / + STATE OF COLORADO \ ACCESS \ / OLIND R¢HM& EASEMENT \ / I CAI 28643 NOTES ' 1)DATEOPSURVEY:OCfOBER2012. 2)DATE OF PREPARATION:OCTOBER 2012. 3)BASISOF BEARING:A BEARING OFS00'40'00"W FROM THE NORfH EAST CORNER OF LOT 4, A FOUND REBAR&CAP L.S.#28643,AND THE SOUTH EAST CORNER OF SAID LOT,A FOUND REBAR&CAP L.S.#28643. \ 3/ \ 4)BASISOFSURVEY:THE FINAL PLAT OF MOCKLIN SUBDIVISION RECOROEDlUNE 14,1996 IN BOOK 39 PAGE 92 AS RECEPTION N UMBER 393681,THE FIRST AM ENDME NIT TO THE FINAL PLAT OF MOCKLIN SU BDIVISION RECORDED AUGUST 4,1998 IN BOOK 45 AT PAGE 59 AS \ ,/ .•a ,q RECEPTION NUMBER 420218,VARIOUS DO CUMENTS OF RECORD,AND THE FOUND MONUMENTS,ASSHOWN. LOT2 EDGE OF CONCRETE DRIVE / OI / / / 5)THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BYSOPRIS ENGINEERING,LLC(SE)TO •�,> ,.. DETERMINE OWNERSHIP OR EASEMENTS OF RECORD.FOR ALL INFORMATION REGARDING EASEMENTS,RIGHTS OF WAY AND/OR TITLE OF RECORD,SE RELIED UPON THE ABOVE SAID LOT 3 \• / o� PLATS DESCRIBED IN NOTE 4,AND THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY \R+� / �� 1 r" TITLE,INC.CASE NO.PCT2341OW5,EFFECTIVE DATE OF MAY 11,2012. \ / 6)BASIS OF ELEVATION:THE 2009 CITY OF ASPEN GPS MARGIN CONTROL MAP DATUM,WHICH \ / VEGETATION OF NTIV IS BASED ON AN ELEVATION OF 7911.98'(NAVD 1988)ON THE NGS STATION"Q-159".THIS \ / ESTABLISHED A SITE BENCHMARK ELEVATION OF 1909.59 ON THE FOUND#5 REBAR AND / o q PLASTIC CAP L.S.28643 MON UM ENTING THE SOUTHEASTERLY CORNER OF LOT 4. \ 7)CONTOUR INTERVAL:ONE(1)FOOT. EXISTING CONDITIONS LEGEND \ ',3• 8)THE LINEAR UNIT USED IN THE PREPARATION OF THIS PLATISTHE U.S.SURVEY FOOTAS v m TELEPHONE PEDESTAL �.=0p, / DEFINED BY THE UNITED STATES DEPARTMEN70F COMMERCE,NATIONAL INSTITUTE OF � 00`M3 / NI ARY D ® SEWER MANHOLE STANDARDS AND TECHNOLOGY. MA IN RI 55s' Y1 CURB STOP SURVEYOR'S CERTIFICATE WATER VALVE 10.00' ENT d 4— - WATER HYDRANT I HEREBY STATE THAT THIS IMPROVEMENT SURVEY PLAT WAS PREPARED BY SOPRIS ENGINEERING,ILC(SE) a m ELECTRIC MANHOLE FOR CHARIF SOUKI AND PITKIN COUNTY TITLE,INC. SIGN I FURTHERMORE STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, 57 >} LIGHT SEPTEMBER 20,2012,EXCEPT UTILITY CONN ECTIONS ARE ENTIRELY WITHIN THE BOUNDARIES OF THE FOUND REBAR B. I328643 S�4o0p+ `+6 /'�. PARCEL EXCEPT AS SHOWN,THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY •�bo /Sy4 4p O SET NAIL AND LATH IMPROVEMENTS ON ANY ADJOINING PREMISES,EXCEPT AS INDICATED,AND THATTHERE IS NO APPARENT 790B.66 SPOT ELEVATION EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PARTOF SAID PARCEL,EXCEPTAS / F ND RE R CA LS CONTOUR NOTED.I FURTHERMORE STATE THATTHIS PROPERTY IS SUBIECTTO RESERVATIONS,RESTRICTIONS, as SANITARY SEWER LINE COVENANTS AND EASEMENTS Of RECORD OR IN PLACE. 1T ° w WATER LINE ADJACENT / / 2,4J °`•• us UNDERGROUND ELECTRIC LINE BUILDING GRAPHIC SCALE oe // p� utt UNDERGROUND TELEPHONE LINE MARK S.BECKLER LS.#28643 9 s tD m 4D / qR� / IAN 9 - of OVERHEAD TELEPHONE LINE IN 1Inch=E 0)R. r SOPRIS ENGINEERING - LLC C TY OF ASPEN GPS GPS-8 GARNISH&FRANCIS CONTROL 6S f7, CIVIL CONSULTANTS 502 MAIN STREET,SUITE A3 11011—DIN DING TOCIXOMD0IAW10 1MUSTCOMMENCEANYLEGAL CARBONDALE,COLORADO 81623 ACIEON BASED URONAW DEFER IN—SURVEYg.—TEeEE YEARS ARERYOU FIRSTDBOSVERSUOI DEFER.INNO EVEm MAYAmAFT0N CITY OF ASPEN GPS MARLIN CONTROL AED UON ANY DENR NDSURV AE COMMENCD M ORE THANTEN GPS-6 GALENA&HOPKINS (970)704-031150PRISENG @SOPRISENG.COM YARSFMTEAEOCED-no .HO. SLOPE ANALYSIS/EXHIBIT MAP OF: �g Ey LOT 4, MOCKLIN SUBDIVISION �'1 A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO FDUNDREURac/vLSxwg / / �_ SHEET 1 OF 1 _\ I TREELEGEND CURVE TABLE A- / CURVE LENGTH RADIUS TANGEM DELTA BEARING CHORD a P a E �" ADJACENT KEY TREE TYPE DIAMETER DRIP LINE Cl 4331 1163.00' 2195 2'09'45° N77m2'O6"W 43.89' �•h T INCHES FEET LOT7 / BUILDING 1 CONIFEROUSTREE 30 15 Q 80.92' 536.00 40.54 8'39'00" NR2'2629'W BO B4' -(B�y4 Q / V CONIFEROUSTREE 10 15 C2a 222' 536.00' 1.11' 0'14'13" N863852'W 2.22' 10LD`LITRIIY r = O 3 / g \ 3 CONIFEROUS TREE 5 10 500. T '\ Qb 16.18' 536.00' BD9 1'63'48° N 85'39 52'W 16.18' FA9BAQfF ,,,ggg \V 40tb" LOT 5 CONIFEROUS TREE 3 7 ( _ 9\ H' \-\ 5 DECIDUOUSTREE 3.2 30 C2c 2264' 53600' 11.32 2'25'11' N83'3523"W 2264' `< ----,9 \ DECIDUOUSTREE 3.2 10 C2d 39.83' 53600' 1995 4'15'48" N80'14'S3"W 39.88' \ f aq` x� \ 9 '\ / DECIDUOUSTREE 13.3 20 C3 9.94' 203.00' 4.97 2'48'17" SRS'21'50-E 994' a t'i I 2W� ,�t •\ 20.00' (Rq5/5 \ / CA 27421' 36.00' 14.29' 4378'12" 567'40'54'E 00•g0 EASEME OFBEgR/NG� ,rte "��- \�W / 10.00 u9 `'i1 A{iC5 FIRE nrywEa 35.00'A UfIL1TY EASE ENT+ p CURB STOP REBAR■ u9 W is i9 - / \- 286/3 - 10.00' \ j GAS LINE PER SUBDIVISION u9 \ l DESIGN DRAWINGS � - '"'VC / ,$ SAITARYSEWER 9 ANHO UNDERGROUND ELECTR PER�a/ s - N89'20' 20. SUBDIVISION DE51GN D WING ER INV. 7993 VAL « IM= 96 EDT EASEMENT 9 WAT GAS LINE PER SUBDIVISION LAMP DESIGN DRAWINGS 1 �9p0.b� �\ - / 3 / VICINITY MAP \• W.- FOUND RE�/Gi P 1528643 .V.w/E SCALE:1"=2000' BE MARK EL 59 WATER E PER GENERAL UTILITY NOTE: r1- ,YA '� \`3Zp?• / D ON DPI GS 1)The locations of underground utilities have been plotted based on utlllry maps, + construction/design plans,other information provided by utility companies and actual field locations In some Instances.These utll ties,as shown,may not represent actual field conditions.It Is the responsibility of the contractor to contact all utility companies for field ^9 �•� 111 ELECTRIC MANHOLE ON CONCRETE PAD Jy location of utilities prior to construction. ,o UTILITY �' + TRANSFORMER _�'- E` EASEMENT ' 10.00'UTILrrY / / - PROPERTY DESCRIPTION E �(,1p'1"/ EASEMENT LOT 4 ' , EASEMENT Vg 5p EPH J SERVICE LINE PEP�� `•r 20•I665D.FT. �/ - I - �/ .S." LOT 4, ,H UNDERGROUND TELEPHONE j 0 a 0.465 ACRES ' SUBDIVISION , •�y UNDERGROUND SUBDMSIDRAWI GS / DM MOCKUNSUBDMSION, { J DESIGN /// BUILDING --- 1N "�'E. DRAWINGS ACCORDING FIRST THE PIENDENTT RECORDEDl LATOF 19961N PLOT BOOK39 AT DRAWINGS I \ ENVELOPE / �$ I - -@� / RECORDED AUGUST AMENDMENT TO THE FINAL PLAT OF MOCKUN SUBDIVISION ADDRESS SIGN -' y11,i0� _,--� UNDERGROUND ELECTRIC 4 g RECORDED AUGU5T419981N PLAT BOOK 45 AT PAGE 59. ` _ _ �" UNE PER SUBDMSION - / e e \ C) Si = DESIGN DRAWINGS i COUNT'OF PITKIN \ - - STATE OF COLORADO EMERGENCY ,\ EASEMENT FOUND R§HAft& yy y 1, `t ,t$. Qe / NOTES ` ' Y 1)DATE OF SURVEY:OCTOBER 2012 SEWER LINE P 2)DATE OF PREPARATION:OCTOBER 2012. RECORD DRAWINGS 3)BASIS OF BEARING:A BEARING OF S 00'40'00"W FROM THE NORTH FAST CORNER OF LOT 4, �' �i", _ 1 / $• / J 3 p A FOUND REBAR&CAP L.S.#28643,AND THE SOUTH EAST CORNER OF SAID LOT,A FOUND REBAR&CAP L5.#28643. 4)BASIS OF SURVEY:THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED JUNE 14,1996 IN S \ / BD OK 39 PAGE 92 AS RECEPTION NUMBER 393681,THE FIRST AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED AUGUST 4,1998 IN BOOK 45 AT PAGE 59 AS GAS UNE PER ao' RECEPTION NUMBER 420218,VARIOUS DO CUMENTS OF RECORD,AND THE FOUND SUBDIVISION MONUMENTS,AS SHOWN. 9 DESIGN EDGE OF CONCRETE DRIVE / / eM DMWIN6S 51 THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY 50PRIS ENGINEERING,LLC(SE)TO t; DETERMINE OWNERSHIP OR EASEMENTS OF RE CORD.FOR ALL INFORMATION REGARDING LOT Z \ '1-+' Q 1 / EASEMENTS,RIGHTS OF WAY AND/OR TITLE OF RECORD,SE REUED UPON THE ABOVE SAID LOT \PP a PLATS DESCRIBED IN NOTE 4,AND THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY 3 q5 40 3 TITLE,INC.CASE NO.PC 2341OW5,EFFECTIVE DATE OF MAY 31,2012. 6)BASIS OF ELEVATION:THE 2009 CITY OF ASPEN GPS MARGIN CONTROL MAP DATUM,WHICH �, 1A IS BASED ON AN ELEVATION OF 7911.98'(NAVD 1988)ON THE NGS STATION°Q-159".THIS \ ESTABLISHED A SITE BENCHMARK ELEVATION OF 7909.59ON THE FOUND#5 REBAR AND PLASTIC CAP L.S.28643 MONUMENTING THE SOUTH EASTERLY CORNER OF LOT4. \\ \ 7)CONTOUR INTERVAL:ONE(1)FOOT. / EXISTNG CONDITIONS LEGEND 8)THE LINEAR UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S.SURVEY FOOT AS SLOPE ANALYSIS NOTE: `� N00• / �, 1 / / m TELEPHONE PEDESTAL DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE,NATIONAL INSTITUTE OF ® f a n 0 SEWER MANHOLE SANITARY 7 MANHOLE -� / b y UNDERGROUND ELECTRIC PER STANDARDS AND TECHNOLOGY. , SLOPE CATEGORIES PER ORDINANCE N0.S 27 \� N -7'905 %• SUBDIVISION DESIGN DRAWING CURB STOP SERIES 2010 REVISIONS TO ASPEN LAND USE `" - CODE26.575.020CALCULATIONSAND )�7fy v6 ``-\` ® '� 10 00,UTILITY / 3'/ WATER VALVE MEASUREMENTS. .'` '-.__ _.__EAEhiENT .' i,/ WATER HYDRANT SLOPE LEGEND ELECTRIC MANHOLE Color Range Beg. Range End Percent Area i v SIGN O.DO 10.00 88.0 1,6031 sq.ft. LIGHT 10.00 20.00 3.5 635 sq.ft. - FOUND REBAR&GP t5 29643 �bp+w �J\ / :�, H / 20.00 30.00 0.4 78 sq.ft. TELEPHONE O SET NAIL AND LATH m ,4 PEDESTAL 7908.66--� SPOT ELEVATION SEAS 8.1 1,465 sq.ft. 50 ACCESS EASEMENT 2,057 sq.ft. ---7913----- CONTOUR TOTAL 2,0266 sq.ft. D REBAR 8 UP LS 26 q . 2 2• / � 777000 se SANITARY SEWER LINE WATER UNE ADJACENT / / % / 4? ; ue UNDERGROUND ELECTRIC UNE SURVEYOR'S STATEMENT BUILDING • WATER LINE PER GRAPHIC SCALE SUBDIVISION u GAS LINE Je /' DESIGN ut UNDERGROUND TELEPHONE LINE 1,Mark S.Beckler,do hereby state that this slope analysis/exhibit map was prepared #dUNg72EEpAIS&C�P 2t of OVERHEAD TELEPHONE LINE 7 DRAwlrves / by Sopris Engineering,LLC for CHARIF SOUKI AND PITKIN COUNTY TITLE,INC., and that it is true and correct to the best of my knowledge and belief. IN FEET) lunch= 10ft. SOPRIS ENGINEERING - LLC GPS-S GAIRMISH&FRRAAN G CONTROL +� y CIVIL CONSULTANTS 502 MAIN STREET,SUITE A3 Mark S.Beckler L.S.No.28643 moBUEO"°,'a`a°nB°°"R°xTMWSUn Evwi°i„„BEY t CARBONDALE,COLORADO 81623 E"'rixr otscCVEx sual'En—1x xa Evfxr-1 exr.rnox CITY OF ASPEN GP'MARON CONTROL GPS-5 GALENA&HOPKIN$ (970)704-0311 50 P R LSE N G @ 50 P R ISEN G.COM x eonre oE��m�nrnn*off I. NE. MaN rNeN Tex il MB 12106 11/10/ll 1218aE%-WH45tOPE eNetYSn.O WG r dw • ® • ATTACHMENT • • • Lot 4Mocklin Subdivision: Facing South • Pl� • � .x r ,.,�.� Y • • • • • • • • • • • • • • • • • • • • • • • • • • • • I I ,• M1/ r A { ,f �» ATTACHMENT, Mocklin Subdivision: Landscping On Boundary Between Lots 1 and 2 Located Outside of Buildin• Envelopes ear.+ .tae ' ? 1).•,'�* •� � ri ! .• !, g 1r ' '1,�y e ' ,• yr' � i f� � fire r _ • .fit � v . e F `�> y.`� x•r � .�: : "�. '�` 'fir j i .K: I ATTACHMENT 13 0 Mocklin Subdivision: Landscaping on East Side of Lot 3 Outside of Buidling r L19 I f d F } 1 �'. to ATTACHMENT 14 .T`T. 3. jai 7. ' J �.. �• Y i- r� r {s 1Jj J,•' �'�jr� Ayr. �. i,� K .�f,•" �f�i�+F.. � is ': 1 f �j. Mocklin Subdivision: Lands, ca,kin on South side of Lot 5 Outside of Building Envelope pia#f, ,�, � w,.�j �� P J f� `!•, ;_. _�� ne� + h"l'l i t lif �it�Y yy1I"1 a ylt .f. .,f �i� a1 ir{Mkk, •. �. r,�l���i•�+. �� -',.- 'r-1 v T:4 �+ ,fit'-� f ,���,� ', �� �tna � � ;�r •,r�a ,S J ,� �� � �'•`"Y' `' iiC Y/ ! -J�7�.Y L i•',,:��+1 , r ` a',04 � • s A14 ,, + +y� '� ��-+��+ Yi `I.111• ..f �-+�� �� � � M Y e A 1 Mocklin Subdivision: • .• • on •- of •t 5 Located Outside of Building - ••- (Lot 4 in background on right side of photo) Awl- FR l 1 s ATTACHMENT �l Mocklin Subdivision: • Landscaping Outside of Building Envelope on •' of • Adjacent • Lone Pine Road ��� ��.r� '�� ", ,;. '• cry ��;., I ATTACHMENT � � poss ARCHITECTURE+PLANNING +: / Q C9 fl` iii r`' -------- �< S. •_�• co�aa¢nm €why �.q+r LANDSCAPE ARCHITECTURE � "3' LAND PLANNING - URBAN DESIGN .'.'..' s� � 311 Man Sheet Suite 102 � r � Cbrbondole CO.81623 1970.963.&520 4 /--.',• :.:� 5`2r; rat' .tip s t•.:,fi?t :� " '�`• t 1 �y,: 1n '` x?l �,� 06.01.13 CONSTRUCTION DOCUMENTS /•,•_•,•. 1 r0" Ff t r?+ ';! r k7Yi r °n'i" q ;y'S "'- f,� l` 1 �'K.R ,r ?� sfa�"'} -\ .'T".• - ° tY :- r'.. °� � �,'t, � v`�1'�,t��.4. ant `�+Yt'�3 x 1-�s7A.r �,' s# � k�.,g J ...'F:-.' Ste` yt y�y kti ,�X ,.�.� Y{ N1`•A"s 1 � F v .�'+, �` �� 6 ', 4 +��\P. � •' / ,*'.�� >r >� � �`' at�.� '° �*aY� �`y�*. 5 rk5s. �� a .T',� a { �p4 I r s�- �4 "A I �',. a 7 y. R � eY•� ppR` i�� ® '. •`�' .. % +e r "'a '� i £F .ri''`d a�� �. *"e•.1k{�x.-.,� ,`�"z 1 x ' gm- K, a < ` ,T is a v rTFx azv � 'fi LEGEND: 4 ' - I PROPOSED TR EES SOUKI RESIDENCE ° •':-1 ASPEN,COLORADO EXISTING TREES TO REMAIN n EXISTING TREES TO BE REMOVED '.i o + PROPOSED SHRUBS Io PROPOSED PERENNIALS AND GROUND COVER 1 —_ �. . .. r+ LOW GROW NATIVE vROxclRO: SEED - NATIVE SEED RE-VEGETATION SPEFT TITLE LANDSCAPE PLAN \4 II o L-2.0 4 8 18 SCALE:1/8"=1'-0 _ SECOND AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION ATTACHMENT2O A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 CERTIFICATE OF OWNERSHIP - I KNOW ALL MEN BY THESE PRESENTS LOT fi CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA BEARING CHORD \' Cl 43.90' 1163.00' 21.9S' 2'09'45" N77'02'05'W 43,89' THAT THE UNDERSIGNED,BEING THE OWNER IN FEE SIMPLE OF ALL OFTHE LAND WITHIN LOT 4,MOCKUN LO77 r'•: SUBDIVISION,ACCORDING TO THE PLAT THEREOF,RECORDED JUNE 14,1996 IN PLAT BOOK 39 AT PAGE 92 AND FIRST LOTS C2 80.92' 536.00' 40.54' 8.39'00" N82'26'29"W 80.84' C2a 212' 536.GO 1.11' 0'14'13" N 86'38'51"W 1.22' AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED AUGUST 4,1998 IN PLAT BOOK 45 AT PAGE 59. C26 16.18' 536.00' 8109' 1'43'48" N25.39'52"W 16.12' �e COUNTY OF PITKIN LOT1 C2c 22.6W 536.00' 11.32' 2'25'11" N63'35'23"W 22464' •� STATE OF COLORADO C2tl 39.88 536.00 19.95' 4'1548" NBD'14'53"W 39.88' LOT 2 C3 9.9d 203.00 4.97' 2'48'17" 5 85'21'50"E 9.94' t SAID OWNER HEREBY AMENDS SAID PLAT AS FOLLOWS: LOT C4 2711' 36.00' 14.29' 43'1812" 567'40'54"E 26.57' PURPOSE STATEMENT THE PURPOSES OF THIS SECOND AMENDMENT OF THE FINAL PLAT OF THE MOCKLIN SUBDIVISION ARE TO CRETE A LANDSCAPING ENVELOPE,BUILDING ENVELOPE LIMITEDTO PATIO AND RETAINING WALLS ANDTEMPORARY L IMPROVEMENT ENVELOPE FOR SHORING ON LOT40FTHE SUBDIVISION, UP IS2 / MOCKLIN SUBDIVISION KEY MAP FOUND NEW B SCALE:1"=200' EXECUTED THIS DAY 2013 — D•unLm EASEMENT -�_ LOT7 BY: � - ! 6� LOT4 OWNER:CHARIF SOUKI IDD''UTILIIITY II STATE OF COLORADO ) FOUND •r; !f S. sPo,b L4N0 w r _�48LIygGJ Io '�1 LOT )� REBARf 2 M0E'1'VE2pP . CONCRETE CAP CHARFO OIINASOWNERENT)WASACKNOWLEDGEDBEFOREMETHIS DAY OF 2013 BY �� d:r -5 7EMPoR4kr14TPRWM NVE _ �:5•�ryBg�49w6j. 1pEIVE VICINITY MAP • V /,� fi7 \;pW 10' FOUND flEBAR6GPL528fi43 WITNESS MY HAND AND OFFICIAL SEAL: / / / 23;y4; BENCH MMKFLEV=]909.6' – ]3,3 3].02' 500. MY COMMISSION EXPIRES: '^ '`/ urwly PLAT NOTES 10.00'UTIUn NOTARY PUBLIC `T��'/ / / r�EASEMENr S EMS - 1)DATE OF SURVEY:OCTOBER 2032. T SFORMER /� l 1 E1B. / LOT 4 EAfiFMFNr. p /BUILDING 2)DATE OF PREPARATION:OCTOBER 2012,JUNE 2013. TITLE COMPANY CERTIFICATE \ / /j�O$/ 2D46fi S0.FT. 7 ENVELOPE G /' �.Ta BUNING 0.465 ACRES /PA70AND f Q NvEIAP / vAnO AND fIFD UVPs B� 3)BASIS 5#28543,ANDT•HE SOUTH EAST CORNER OFSADUOT,A FOUND REBAR&CAP CORNER FOUND REBAR&CAP THE UNDERSIGNED,A DU LY-AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE INC.,REGISTERED TO DO BUSINESS �'\ \ / RMINING1 1 IN PITKIN COUNTY,COLORADO,DOES HEREBY CERTIFY,THATTHE PERSON USTEDAS OWNER ON THIS MAP HOLDSFEE \ \EMERGENCY \ / WALLS SIMPLETITLE TO THE REAL ESTATE DESCRIBED HEREON FREE AND CLEAR OFALL UENSAND ENCUMBRANCES EXCEPT EAEME; \ \ / / / 4)BASIS OFSURVEY:THE FINAL PLATOF MOCKLIN SUBDIVISION RECORDEDJUNE 14,1%61N BOOK39 PAGE92AS FORTHE LIEN OFTHE MORTGAGE NAMED HEREON.ALTHOUGH WE BELIEVETHE FACTS STATEDONTHIS AMENDED \ EASEMENT( Y \�75 / Emory/ RECEPTION N UMBER 393681,THE FIRST AM EN DM ENT TO THE FINAL PLAT OF MOCKUN SUBDIVISION RECORDED PLAT ARE TRUE,THISCERTIFICATE IS NOTTO BE CONSTRUED AS AN ABSTRACT OF TITLE NOq AN OPINDN OF TITLE, \C \y / / y4; �y LE ppEG AUGUST 4,1998 IN BOOK 45 AT PAGE 59 AS RECEPTION NUMBER420218,VARIOUS DOCUMENTS OF RECORD,AND NOR GUARANTEE OF TITLE,AND IT 15 UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE,INC.NEITHER ASSUMES \ /' \ /¢� / • THE FOUND MONUMENTS,AS SHOWN. NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION NOR UABIUTY WHATSOEVER ON ANY STATEMENT , CONTAINED HEREIN, •V/ ��� r3I 5)THIS SURVEY DO ES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING,LLC ISE)TO DETERMIN E OWNERSHIP A' '1w OR EASEMENTS OF RECORD.FOR ALL INFORMATION REGARDING EASEMENTS,RIGHTS OF WAY AND/OR TITLE OF DATE 2013. \ \ ],5' RECORD,SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4,AND THE TITLE COMMITMENT PREPARED \\ r' I- /1 BY PITKIN COUNTY TITLE,INC.CASE NO.PCT2341OW5,EFFECTIVE DATE OF MAY 11,2012. BY: TE POMRY OVEMEM 1 6)THE LINER UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S.SURVEY FOOT AS DEFINED BY THE UNITED AS THE OF PITKIN COUNTY TITLE,INC. Loi3 \ '+d,, TEMPORARY / A VELOPE / STATES DEPARTM ENT OF COMMERCE,NATIONAL I NSTTTIJTE OF STANDARDS AND TECHNOLOGY. \�IMPROVEMENT ENVEIOPE / STATE OF COLORADO ) \ \ 75 / / _UMM OF NATIVE )� 567.40'S4"E 10.]6'(TE) \ / .p COU NTY OF PITKIN ) 32' I 5 'CD'00^Hy ] z � THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS—DAY OF 2013 BY +, AS THE OF PITKIN COUNTY TITLE,INC. nq^ FWnDaEBARB ID Bm - SURVEYOR'S CERTIFICATE MY COMMISSION EXPIRES: r CAP152B643 EASEMENT 4 C24 I MARK S.BECKLER,A REGISTERED LAND SURVEYOR,DO HEREBY CERTIFY THAT I HAVE PREPAREDTHIS SECOND WITNESS MY HAND AND SEAL. AMENDMENT TO THE FINAL PLAT OF MOCKUN SUBDIVISION,AS LAID OUT,PLATTED,DEDICATED AND SHOWN / FOUND REBARB HEREON,THAT THE SAME IS BASED ON FIELD 5URVEYSPERFORMED UNDER MY SUPERVISION;THATTHIS MEETS THE CAP L528643 REQU I REM ENTS OF A LAND SURVEY PLAT AS SET FORTH IN R CS SECTION 38-51-106;THE CONTROL PRECISION IS GREATER THAN 11N 15,000.RECORDED EASEMENTS,RIGHTS-OF-WAY AND RESTRICTIONS ARE THOSE SET FORTH IN NOTARY PUBLIC THE TIKE COMMITMENTS PREPARED BY PITKIN COUNTY TITLE INC.UNDER CASE NO.PC723410WS EFFECTIVE DATE z MAY 31,2012. CITY ENGINEER'S REVIEW DATED 2013 I CITY OF ASPEN GPS MARLIN CONTROL -` GPS-8 GARMISH&FRANCIS THIS SECOND AM EN DMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION AS REVIEWED BY CITY ENGINEER OF -- THE F NTH( DA 013. CITY OF ASPEN GPS MARLIN CONTROL/ j { `-� J GPS-5 GALENA&HOPKINS MARK S.BE[KLER,P.L.S.N0.22643 CITY ENGINEER COMMUNITY DEVELOPMENT DIRECTOR REVIEW ENVELOPE LEGEND III THIS SECOND AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVSION WAS REVIEWED BVTHE CITY OFASPEN .3' ',� BUILDING ENVELOPE CH NI V L A MI DAYO 2013. i }} TEMPORARY IMPROVEMENT ENVELOPE COMMUNITY DEVELOPMENT DIRECTOR �,� BUILDING ENVELOPE (LIMITED TO PATIO&RETAINING WALLS) GRAPHICSCALE LANDSCAPING ENVELOPE CLERK AND RECORDER'S ACCEPTANCE xo lo xD ao ao Rg, THIS SECOND AMENDMENT TO THE FINAL PLAT OF MOCKLIN SU BDIVISION IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY,COLORADO AT O'CIOCK_.M.,THISDAYOF IN FEET) 2013,IN PLAT EI AT PAGE RECEPTION NO. I inch= 20 ft. PITKIN COUNTY CLERK AND RECORDER SOPRIS ENGINEERING - LLC LOT 4 ENVELOPE KEY MAP CIVIL CONSULTANTS SCALE:I"=40 502 MAIN STREET,SUITE A3 xorFrE:ACL9RDING Taco:DRAOD Uw rou MUSEnMMFxa AXr uGw CARBONDALE,COLORADO 81623 ACTON BMED UPONANY DEFER IN THB SURVEY WITHMTHRFF YEARS AFTER YOD1N4D6TDVERN0IDE1ECT.INNOEV 1-11ANYA—Pi (970)704-0311 SOPRISENG @SOPRISENG.COM I—D UPON ANY%R7IN TN.VNWYBF COMMENOFD MOP-TWW TFX —m—'DAM.,CI SN0IYN HNBON. oC-" PsL-H ATTACHMENT z-% CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny 970-429-2739 DATE: 5/14/13 PROJECT: Mocklin Subdivision, Amended Subdivision Plat APPLICANT: Charif Souki REPRESENTATIVE: Glenn Horn TYPE OF APPLICATION: Improvement envelope adjustment and expansion DESCRIPTION: The applicant is proposing an adjustment and minor expansion to the designated improvement envelope at Lot 4 of the Mocklin subdivision. Lot 4 is the only remaining undeveloped parcel within the subdivision. The Mocklin subdivision was approved by Ordinance No. 35, Series of 1995, and consists of six free- market lots zoned as R-15A, and an affordable housing component on lot 7 consisting of 8 units (one being free-market), zoned AH/PUD. Lots 1-6 are free market lots with development limited to prescribed building envelopes. Lot 4 is the final undeveloped lot within the subdivision, and was used as the staging area during the construction of buildings on the adjacent lots. The affordable housing provided on lot 7 serves as the AH mitigation for the free-market homes on lots 1-6. Section 4(g) of Ordinance 35 limits what can be done outside of the approved building envelope, including any development in order to protect the natural landscape. The applicant is proposing the creation of a landscape improvement envelope extending beyond the existing building envelope that will be limited to specific uses and development, as well as a minor expansion of the existing envelope to allow for temporary shoring to take place while a new residence is being constructed. The subdivision plat can be found at Book 39 Page 93. This subdivision is subject to covenants, and the application will require HOA approval. This land use case will require public hearing before City Council. 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%201 and%20use %20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480 Subdivision 26.575.110 Building Envelopes Below is a link the Land Use Code for your convenience: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Title-26-Land-Use-Code/ Review by: Planning Staff for compliance Parks Dept Staff Engineering Dept Staff Public Hearing: City Council 1 Planning Fees: $4,550 deposit for fourteen (14) hours of staff review time. Additional Planning staff time required is billed at $325/hour. Referral Fees: $265/hour for Engineering Review $975/hour for Parks Review Total Deposit: $ 5,790 Total Number of Application Copies: (10) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed subdivision plat. 10. 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. 11.Graphic depiction of the existing and proposed improvement envelopes. 12. All necessary items found in Land Use Codes Section 26.480, Subdivision. 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. 2 c76 CF fo • ?�l 3 . A-FLU } CHARIF SOUKI — 700 MIL4M ST STE 800 948 HOUSTON,TX 77002-2835 '� ►�r 87-176/843 } PAY TO THE ( ,° rh r� ORDER ry��,n/")O•' V ' y 66£,SMerrill Lynch Bank of America -,.- FOR 1:084 30 17 F3 71: 01, 269724 Ira -1. u LAHKE V rL7 v � 1 P1tIClI1 County, Lnviranmental 1lealth Glenn Horn Planning Services 215 S. Monarch St. ATTACHMENT '2-%— Aspen, Colorado 81611 Re: Mocklin Subdivision Lot 4 Dear Mr. Horn: At your request I have reviewed the information you sent me via email concerning amending Mocklin Subdivision Lot 4 approvals by Aspen City Council. As you and I discussed on June 7, 2013, I am providing initial comments to this project as the Pitkin Co. Temporary Smuggler Mtn. Superfund Site Manager. A memorandum I wrote to the Aspen Planning Department on May 22, 1998 offering a condition of the Mocklin Subdivision approval appears in the documents you sent for my review. I was the Aspen Pitkin Environmental Health Department Director in 1998. I have reviewed the information you provided through the lens of commenting on expanding the landscape envelope to temporarily assist in construction of the dwelling. I also reviewed the most recent Smuggler Mtn. Superfund Site (Site) remediation map dated May 30, 2012. There have been no official changes to this map since the last edition. The remediation map clearly shows that approximately 2/3 of Lot 4, Mocklin Subdivision contains soil equal to or in excess of 1,000 parts per million total lead (ppm-Pb). One thousand ppm-Pb is the action level established by the US Environmental Protection Agency for the Site. Movement of soil with this action level is very prescriptive as defined in the City of Aspen Institutional Controls that applies to any property within the Site boundary. Specifically regarding expanding the landscape or building envelope on Lot 4, it is not prohibited by Institutional Controls. What is required is that any and all movement of soil must comply with the City of Aspen Institutional Controls. In much abbreviated summary, contaminated soil can generally be managed in two ways. If possible the soil can be retained on site during construction and used in final landscaping (with a clean cap that will prevent or discourage direct human contact); or it can be disposed of at an approved disposal site. In this case the Pitkin County Landfill is the only immediate repository that will accept contaminated soil from the Site. During a site visit to Lot 4 on May 3, 2013 by Kurt Dahl and I it appeared as though the property (the last undeveloped lot in the Mocklin Subdivision) had perhaps been used as a staging area for nearby construction activities. There was evidence that crushed rock and other non-native debris were present. Since this material has been intentionally or 7e Service center Road Aspen, Colorado 81611 Phone: (970) 920-5070 Fax: (970) 920-5374 www.aspenpitkin.com/ehnr Page 1 Pitkin County__ _._LnvirnnmenlalHealth unintentionally commingled with native soil and contaminated soil, it all should be considered to be equal to or exceed the 1,000ppm-Pb action level. If the applicant wants to more carefully evaluate the Lot 4 soil characteristics it may be possible to more accurately define the amount of contaminated soil present. Keep in mind the Site remediation map defining soil contaminant levels is based on soil tests taken many years ago, perhaps in the 1990s. Creating a soil sampling campaign for the lot can be easily done by a consultant to the project. I hope these observations help in understanding management of soil within the Site and Lot 4 in particular. Sincerely, Thomas S. Dunlop, MPH, REHS Temporary Smuggler Mtn. Superfund Site Manger cc: Kurt Dahl, Pitkin Co. Env. Health Manager CJ Oliver, City of Aspen Environmental Health Director Aaron Reed, City of Aspen Engineering Department 76 Service Center Road Aspen, Colorado 81611 Phone: (970) 920-5070 Fax: (970) 920-5374 www.aspenpitkin.com/ehnr Page 2 RECEP 'N#\ S8WS72. 06106/2012 at 01:00:23 PM, 1OF3. R $21.00 DF $448.UO Doc Code WD Janice K.Vou Caudill, PitWn County, Q(J Douumonbury Fee$ 440.O8 WARRANTY DEED THIS DEED, made JUNE 5. 2O12. Between CAROL S. PARKS of the County uf State of . GRANTOR, AND CH8R/F8[JUK|. GRANTEE 1 whose legal udd o/the County of State of - WITNESSETH,That for and in consideration of the surn of ten dollars and other good and valuable consideration,the receipt and sufficiency f which iohembyacknowledgud the gmntorhas yranhod bargained,sold and conveyed,and by these pmoumtadoes grant, baryain ' e0and convey and ron` m unto the Omntao. HIS hoimand assigns iomve/.uUthe real pmpa�ytogether with impmvement» i""ny aik/ohaand lying and being io the Cuun�cfP|TKIN.Ghn�of COLORADO,--'o�bedashm|�wo: ' ' � ' LOT 4, k4OCKL|N SUBDIVISION, according hztheP|atVmmoCmuovdod June 14, 1S86in Plat Book 39 at Page 32anUFinu(Amendmenthn(heFioo|P/utofk�nok|inGub���nnreomdod'August 4, 1888in Plat Book 45 u/Page 58, ' TOGETHER with all and singular the horedtamontsand appurtenances thereto belonging,or in anywise appertaining,and the reversion and reversions, remainders, rents, issues and profits thereof,and all the estate, right, title, interest,claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the grantee. HIS heirs and assigns forever.And the Grantor,for HERSELF, HER heirs and assigns,does covenant,grant, bargain, and agree to and with the Grantee, HIS heirs and assigns, that at the time of the ensealing and delivery of these presents, SHE is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right, full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,except those matters as set forth on Exhibit"A"attached hereto and incorporated herein by reference, The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, HIS heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,the plural the Singular,and the use of gender shall be applicable to all genders. SIGNATURES {)N PAGE 2 Y '�- ^ - ' el,- ' � - -/ � SIGNATURE PAGE TO WARRANTY DEED PAGE 2 k }{ li 44 j d `„ CAROL.S. PARKS STATE 01 ss COUNTY OF `° The foregoing instrument was acknowledged before me this ` day of 2012, f ,.. by CAROL.S. PARKS. WITNESS my hand and official seal my commission expires: ,y Notary Public g PCT23410W5 ''/S Fsi:p3 zr / ( EXHIEoT"A" 1. Taxes for the year 2012. and Subuequpnd years, not yet due urpayable, 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, ShOUld the same be fOUnd to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 24, 2OO2in Book 55at Page i18. 1 1 erms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 35, Series of 1995 by the Aspen City Council recorded October 30. 1985in Book 7A8a(Page 44 and recorded December 20. 1A05ioBook 8O2at Page 765. 4� Terms, conditions, provisions, obligations and all matters as set forth in SUbdivision Agreemerit recorded JUne 14, 189Sae Reception No, 388580, 5, Eauemenis. d0htuo/wayandaUmaMeryasdionkonedonh1ock|inPropertyRezoning [Napo/xuWocipvoparty recorded December 9. 1893io Plat Book S3a\ Page 3A, 6. Easements, rights of way and all matters as disclosed on Mocklin Subdivision Plats recorded June 19, 1996 in Plat Book 39at Page 3Z and recorded Aoyuoi4, 1D88in Plat Book 45ni Page 50. T 'f hose terms,conditions, provisions, obligations, easernents, restrictions, assessments and all matters as s et forth io Protective Covenants for/WocNin Subdivision recorded Auguui11. 1808aa Reception No. 42U513. deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial datun. m national origin. The above covenants were amended by First Amendment to Protective Covenants recorded ALIgUst 28, 1998 as Reception No. 421197. 8. Terms, conditions, provisions and obligations as set forth in Trench, ConclUit and Vault Agreement with Holy Cros-s Electric Association, (n^., recorded September 14. 1AU8in Reception No, 4318Q8. 9. Terms, conditions, provisions and obligations as set forth in Pretapping Agreement recorded November 5, 1998 as Reception No. 4241b8. 10, Terms, conditions. provisions, obligations and all matters as set forth in Resolution of tire City of Aspen recorded April 12. 1989 as Reception No, 429790uaRouo/ution Nn, 10, 11, Terms, conditions, provisions and obligations as set forth in Amended Raw Water Agreement recorded December O. 1Q90ao Reception No. 430313, 12. Terms, conditions, provisions arid obligations as set forth in Arnendr-rient Agreement recorded May 1, 2000 as Reception No. 442851 .ATTACHMENT'1`I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT I,CHARIF SOUKI,of Houston, Texas,reposing special trust and confidence in BROOKE A.PETERSON, of Aspen,Colorado, hereinafter sometimes referred to as "Attorney-in-Fact," do hereby make, constitute and appoint said Brooke A.Peterson as my true and lawful Attorney-in-Fact in my name, place and stead, for the following purposes: 1. To demand, sue for, collect,receive and give discharges for all monies, demands, debts, interest, dividends, securities and other personal property now or hereafter belonging to me; 2. To commence,prosecute and defend actions relating to my property,both real and personal; 3. To settle,compromise,or submit to arbitration all rights, claims, demands and accounts between me and any other person or corporation; 4. To sell, assign, and deliver any securities of any description belonging to me,to execute any instruments necessary or proper for transferring the same,and to give receipts for all purchase monies payable in respect thereof; 5. To negotiate, contract for,buy or purchase real or personal property of any kind or description, and to execute all documents necessary in connection therewith; 6. To grant, transfer, lease, encumber,bargain, sell, convey, or otherwise deal with any real or personal property belonging to me, to execute all deeds or other instruments necessary or proper for conveying the same, and to give receipts for all monies payable in respect thereof; 7. To invest, reinvest,sell, and dispose of any and all monies coming into his hands from any source whatsoever, in such securities or other property as my attorney in his discretion shall deem advisable, and from time to time to vary said investments or any of them, and pending investment as aforesaid to deposit such monies in any bank or banks which my attorney shall select; 8. Out of the monies coming into his hands to pay any expenses in respect to any part of my property either real or personal which my attorney shall in his discretion think proper, to vote at all meetings of stockholders of any company or corporation, either personally or by proxy,and to perform and carry out all contracts entered into by me with any other person; 9. Deposit,withdraw and receive from any person or entity(including but not limited to banks,trust companies,mortgage companies, credit unions, savings and loan STATE OF 72:,-CA,5 ) ) ss. COUNTY OF jgt4AM6 ) T e for oing document was acknowledged and sworn to me before me this, "day of / ,2012, by CHARIF SOUKI. WITNESS my hand and off tpial seal. My commission expires: I ;Ml fr Notary Public r TERRI 0 BACHAND My Commission Expires August 16,2014 ATTACHMENT Z"s Brooke A Peterson Attorney in Fact C harif Sould 700 Milann Street Suite 4 800 Houston,Texas 77002 May 23, 2013 Jennifer Phelan AI.CP City of Aspen Community Development Department 130 South Galena Street Aspen,Colorado 81611 Re: Authorization Letter for Representation for Improvement Envelope Adjustment and Expansion Mocklin Subdivision, Lot 4 (Parcel ID f# 2737-073-23-004) Dear Jennifer: CharifSouki owns Lot 4, Mocklin Subdivision which is a vacant lot. This letter authorizes Glenn Horn of Davis Morn Incorporated and Kim Weil of Poss Architecture and planning to represent me in an application to adjust and expand the adopted improvement envelope. You may contact Glenn at 925 6587. Ilis address is 215 South Monarch Street, Suite 101 Aspect, Colorado 81611. You may contact Kim at 925 4755. His address is 605 Past Main Street, Aspen, Colorado 81611. You may contact me at 925 2619 or bap(q) -pc.com if you have any questions concerning this matter. Thank you. sincerely, t 9wF 31,04e AJpetersou Attorney in Fact for Charif Souki ATTACHMENT Z 01,1111"I Agreem"ient, to Pt- Application R n-,I eem tit he twreh the C iiy of Aspen�City) and _. ., _ Proppily Phone Nra_; CJwfler{ t").L_.. 4., k a Email: ... S Address of r Billing property: [ �(Suf r�elcf (Send 1 Isrc rc) application) ����� + �, � � ,� r � � �� .°_�.._._..__.__.�_ � t cA 1 understand that the City has adopted;via Ordinance,No, ,Series of 2.011,review fees for rand Use applications and the payment of these, fees is a condition procedent to de.te:rnairairacl eapplicration completeness_ I understand that as the property Owner than am responsible for paying all fees for this development application. For flat fries and referral fees:-f agree to pray tine following fees for the services indicated. I understand that these fist fees are non-[efundables S 011 .1 .flat fees for feat fc;c fe7r fiat fool(or-11111111111 _.__.._. _....flat foo tzar For deposit oases only: The City and I understand ihat because of the silo, nature or scope; of the proposed project,it is nit possible eat this time to know the full extent or total costs involved in processing ttae 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, reviser, and presentation of sufficient infvrrrialion to enable: legally required findings to be made for project consideration,Unless invaiCOS are f;aid in('011. The City and 1 understand and agree that invoict:s mailed by the City to the. above listed billing address and not returned to the City shall be considered by the City,ts heing received by nor*. I agree to remit payment%vithin ;iO drays of presentation of all invoice:by the City for such services. 1 have read,understood,earner ragroo to the Land use Rovievr Fee Policy including consequencosrfor ucan-pKaymrnt. I agree to pay the following initial dofaosit araaatfiats for tree specified hours of sniff time. I understand that payment of a deposit does not render an<applicsa€ion completes or compliant with approval criteria, If actual al recorded costs exceed the initiaal deposit, Iagre:e: to pay additional monthly billings to the City to roinataurse the; City for the processing of my application at fhe hourly ratos herein<afte:,stated. 1­1 1,11-1 C> ��_�_ __... .deposit for,__,_' hours of Community Development De partnaesnt staff time. Additional lime tafacave fhe deapasit tatmount Will be billed at;,3-15 per hour. deposit for' _ hours of t:nginewing Departniont staff time;.Additional time above;the deposit anacittrat will be billed at$265 per hour. City of Asian: PropQr-tyownc;r: s C�hrist3t,ndora � c ornraaunity Development Director Nance " taly t1se: 1 attr a ya i� Foos Due.;_ Received ¥ � t RECTIVED JUN 2 7 2013 ASPEN b es. �qtr roc, r l 0 ATTACHMENT ATTACHMENT 2-LAND USE APPLICATION REMC E w PROJECT: ) ( JUN 2 7 2013 Name: C f r Location: t-v f i-( 1`1 oc I` 1 t cn Lj r COMMUNITY DEVE OP MEN s Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: r l Address: —7L-) c �, i �: TC yL),D f—fo}'j T-C)k- Phone#: G -7c, '�_l Z j— S'4��� -7--7 00 REPRESENTATIVE: Name: `x Address: S,_,, t r r Phone#: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ �F*inal PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review Er Subdivision P\-ev_\'r-✓x,J V�^'r ❑ 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.) Vet v�fi PROPOSAL: (description of proposed buildings,uses,modifications,etc. Have u attached the following? FEES DUE: $ [=r 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 r�-) All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ATTACHMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM�y n Project: L o r 41 Applicant: r i L4 Location: L01— It j`'I u�(C 1 r�-• fF� Zone District: rL--l Lot Size: Lot Area: r � (for the purposes of calculating Floor Area,Lot Area may be reduced for areas within the high water mark,easements,and steep slopes.Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed% of demolition(Historic properties only): DIMENSIONS: Floor Area: Existing:X)I Allowable. q, 8(f%• Proposed: Principal bldg.height: Existing: Allowable: -Z-C.' Proposed: 7-S Access.bldg.height: Existing.- A/A Allowable: � Proposed: On-Site parking: Existing Required: fk Proposed; Z I %Site coverage: Existing: Required: Proposed %Open Space: Existing: Required: IVIA Proposed: /0//4 Front Setback: Existing:� Required.WA proposed: t Rear Setback: Existing: `" Required:N Proposed: (9 Combined F/R: Existing: Required: Proposed: Side Setback: Existing:Required: J P posed: i-2;1 t Side Setback: Existing: Required: A)/A" Proposed: i0 l Combined Sides: Existing:_101,4­ Required: V Proposed: Distance Between Existing — A=��z�}} / Required:—��`--Proposed: A114 Buildings Existing non-conformities or encroachments: Variations requested: t 1025 HUNTER CREEK LLC 1127 VINE STREET CORP 1312 VINE LLC 21121 TELEGRAPH RD PO BOX 1730 1512 LARIMER ST#325 SOUTHFIELD, MI 48033 VERO BEACH, FL 32961 DENVER, CO 80202 1326 VINE STREET LLC 470 HOLDING COMPANY LLC 815 VINE STREET LLC 1326 VINE ST C/O JOE KRABACHER 601 E HYMAN AVE ASPEN, CO 81611 728 E FRANCIS ASPEN, CO 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ASPEN, CO 81611-1594 ASPEN, CO 81611-1549 ASPEN, CO 81612 DALY.CAROL C REV TRST DALY GLEN A REV TRST DANFORTH DAVID N 0155 LONE PINE#11 617 E COOPER PO BOX 1863 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 DEQUINE SHARON L DETURRIS MONICA DOPKIN DEVELOPMENT LLC 713 VINE ST PO BOX 944 PO BOX 4696 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 DOWELL,RONALD R DOYLE SHARON KAY EBEST RICHARD A DOWELL MARSHA S 412 VINE ST 834 VINE ST 35 WEST BIGHORN COURT ASPEN, CO 81611-1592 ASPEN, CO 81611 SEDONA,AZ 86351 ELLIOT'BLAIR S ELLIS CHRISTOPHER&AUDREY EMIGH CHARLES R 01 55'LONE PINE RD A-11 PO BOX 8386 215 BARRANCA RD ASPEN, CO 81611 ASPEN, CO 81612 LOS ALAMOS, NM 87544 ERICKSON BRYAN J ERICKSON HANS ETHERIDGE MARY KATHERINE 155 LONE PINE RD#A2 533 VINE ST PO BOX 1462 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 ETS="H�OKIN ROBERT TRUSTEE FABER JOHN A FAINSOD NICHOLAS FAI 434 VINE ST 2809 LOFTVIEW SQ DANTE 2 EVA ASPEN MEXICO 2 CO 81611 ATLANTA, GA 303394931 6 BIS-CLOLNIA ANZURES MEXICO D 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