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HomeMy WebLinkAboutcoa.lu.sp.845 Meadows Rd.A87-94 i~ .f"\ f CASELOAD SUMMARY SHEET City of Aspen PROJECT NAME: As Project Address: Legal Address: PARCEL ID AND CASE NO. 2735-122-31-001 A87-94 STAFF MEMBER: LL ows Minor Amendment to Dev. Review Road DATE RECEIVED: DATE COMPLETE: APPLICANT: Savanah Limited Partnership Applicant Address: 515 south Galena REPRESENTATIVE: Joe Wells Representative Address/Phone: 602 Midland Aspen. CO 925-9090 Park Place 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ 215 $ 96 $ $ $ 311 # APPS RECEIVED # PLATS RECEIVED 1 1 TYPE OF APPLICATION: STAFF APPROVAL:-X- 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES VESTED RIGHTS: YES NO NO CC Meeting Date PUBLIC HEARING: YES VESTED RIGHTS: YES NO NO DRC Meeting Date --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DATE REFERRED: INITIALS: DUE: -------------------------------------------~;r~=~----------~ -------------------------------------------- -- -~----------- FINAL ROUTING: DATE ROUTED: ::, INITIAL: ___ city Atty City Engineer ~Oning ___Env. Health ---- ___ Housing ___ Open Space ~~other: FILE STATUS AND LOCATION: r"1 r~ , MEMORANDUM TO: stan Clauson, Director Community Development FROM: Leslie Lamont, Deputy Director Aspen Meadows Insubstantial SPA Amendment Amendments for Lots 5 & 6 of the Aspen Meadows Development Plan for Minor finals SPA RE: DATE: March 16, 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicants, Savanah Limited Partnership and Newfield Enterprises International Inc., seek to amend the. Aspen Meadows Final SPA Plan for Lots 5 & 6 to adjust a drainage easement on Lot 6 and average the individual sizes of several townhomes on Lot 5. ZONING: Academic with SPA overlay STAFF COMMENTS: The Aspen Meadows SPA plan was approved in 19 The approved plan included the development of 7 new townhomes on Lot 6 and 3 new townhomes on Lot 5. Lot 6: For Lot 6 a drainage easement was provided on the north side of the parcel. The easement is 15 feet wide on the recorded plat and defined as 20 feet wide on a recorded easement document. In order to construct the 7 townhomes as was approved, including the allowable floor areas, the applicant and staff have identified two alternatives: 1. the written easement agreement is reduced to 15 feet wide; or 2. the entire building footprint is shifted 5 feet to the north. Originally, the applicant proposed to adjust the north property boundary by 5 feet to maintain the 20 foot drainage easement and maintain the approved side yard setbacks. After reviewing the drainage easement, the recorded easement agreement and visiting the site, staff has concluded that the recorded easement can be amended to reduce the width of the easement to 15 feet. According to city documents the only structure in the easement is for drainage purposes. It was also discovered that the recorded easement document had not been reviewed and signed by the City. Therefore the City has agreed to the nullification of the street drainage easement. Specifically, the Engineering Department believes that the easement indicated on the plat is sufficient for future engineering purposes. Staff objected to the lot line adjustment and/or the reduction of the side yard setback on the north side of Lot 6 because any reduction in the land area between the proposed townhomes and the r-- .~ . public pedestrian trail easement would negatively impact the trail by placing a solid wall of structure close to the trail. Staff has recommended and the applicant has agreed, in exchange for reducing the size of the drainage easement (nullifying the recorded agreement) to excavate the site for the trail to the top of the slope at the time that the excavation for the townhomes occurs. Lot 5: When approved, the townhomes on Lot 5 were limited to a maximum of 2,500 square feet of floor area per unit. For Lot 5 there are currently 8 townhomes on the site and 3 more units are proposed to be added. Two units, 10 & 11, will be constructed on the north side of the existing townhomes and unit 1 will be added onto the south side of the structure. Significant renovations with additional floor area will also occur on the existing 8 townhomes. Because of the topography and the method used to calculate floor area ratio, unit 11 floor area calculations are greater than 2,500 square feet. Therefore the applicant has requested to average the sizes of the townhomes for FAR calculation purposes to ensure that the total FAR for the entire project is consistent with the approved size of 2,500 square feet per unit. Staff has reviewed the problem with the project architect and has concurred that due to topographical constraints and the desire to construct 3 new units that are compatible with the approved plans and the historic integrity of the existing Beyer townhome design, that the ability to average the floor area is necessary. In reality, the size of three new townhomes does not change and the total floor area of the project, which is 27,500, will not increase. In reviewing the renovations and new units proposed for Lot 5 for this insubstantial amendment, staff expressed concern over the massing of the western elevation and its relationship to the topography. Because the slope falls off steeply at the north end of thetownhomes the last two units present a significant wall on the slope and toward the public trail and open space below. The architect, in response to staff's discussion, has proposed to backfill the first two and last two units of the project as depicted in the revised site plan January 25, 1995 attached to this memo. In an additional effort to blend and contrast the new units with the old units the architect has proposed to add wood shingle siding onto units 1, 10, & 11 as also depicted on the site plan attached to this memo. Staff confirmed that the backfill will not impact the proposed pedestrian/bike trail alignment. The Parks Department has confirmed that the trail alignment that is recorded in Book 217, Page 550 will not be impacted by the backfill on units 1, 2, 10 & 11. 2 r-, .~ Pursuant approved provided to section 24-7-804 E. an insubstantial amendment of an SPA plan may be authoriz.ed by the Planning Director that the amendment does not: a. change the use or character .of the develepment; RESPONSE: The character of the Aspen Meadews SPA is teurist/guest. The reductien of the drainage easement te 15 feet en Let 6 and averaging the fleer areas fer Let 6 will not compromise previeus approvals or the character of the Aspen Meadows. b. increase by greater than 3% the .overall ceverage .of structures en the land; RESPONSE: N/A. c. substantially increase trip generatien rates .of the prepesed development, .or the demand fer public facilities; RESPONSE: N/A. d. reduce by greater than 3% the appreved .open space; RESPONSE: N/A. e. reduce by greater than 1% the .off-street parking and leading space; RESPONSE: N/A. f. reduce in required pavement widths or rights-ef-way for streets and easements; RESPONSE: N/A. g. increase greater than 2% the appreved gress leasable fleer area .of cemmercial buildings; RESPONSE: N/A. i. create a change which is incensistent with a cenditien or representatien .of the preject's .original appreval .or which requires granting .of a further variatien frem the preject's appreved use .or dimensional requirements; RESPONSE: The prepesed changes are necessary te preserve the .original apprevals. RECOMMENDATrON: Staff recemmends appreval .of the nullificatien .of the 20 foet sterm drainage easement fer Let 6 .of the Aspen Meadews Subdivision and the insubstantial amendment fer the Aspen Meadews 3 (""'I r1 SPA te average the allewable fleer areas fer Let 5 .of the Aspen Meadew Subdivisien with the fellewing cenditiens: 1. The applicant shall excavate the pedestrian/bike alignment te the top .of the slepe, adjacent te Let 6 excavation fer develepment en Lot 6 is taking place. 2. The tetal fleer area fer Let 5 .of the Aspen Meadews Subdivision shall net exceed 27,500 square feet. trail while 3. The applicant shall backfill units 1, 2, 10 & 11 te reduce the perceived height .of those units. I hereby appreve .of the insubstantial amendment te the final develepment .of the Aspen Meadews SPA pursuant te sectien 24-7-804 .of the .cM'"~11\de. l q- st~rect~~mm~ni'ty ;evelepment Department cc: Bill Drueding, Zening Officer 4 ,#"A-~.... .W 1-' .1"""\ STRYKER/BROWN ARCH I TECTS,PC MEMO TO: \ Ms. Leslie.Lamont )\.1r. Stan Classen Aspen Pitkin Department of Community Development FROM: David Brewn DATE: 1.25.95 RE: FAR Variance for Meadows Trustees Townhomes, Relationship to trail alignment You requested during our meeting on December 14, 1994 that I illustrate the impact of the trail and modified backfill on the northernmost two units. I met with George Robinson of the Aspen Parks Department today to review the Parks Department's preferred trail alignment across Lot 5, Aspen Meadows SPA. A copy of the Parks Department's preferred alignment is shown on the attached plan. As you can see, the trail is downhill from units 10 and 11 and the trail will not have an impact on those units. I have prepared a sketch partial site plan and elevations of units 10 and 11, attached, to show our preferred final grading and the relationship of the building to the finished grade and backfill. As you can see, the revised backfill will decrease the apparant height of the buildings. I hope you find it acceptable and are able to proceed with a staff finding that this is an insubstantial modification to the SP A as approved. As we discussed on December 14, units 1, 10, and 11 will have shingle siding as required in the SPA agreement. Please let me know if I can be of further assistance on this matter. cc Joe Wells Ferd Belz Bill Dreuding 300 SOUTH SPRING STREET, SUITE 300 ASPEN, COLORADO 81611 303.925.2254 925.2258 (FAX) ,,: ed 'ownhouses Spaces -' , " -, " -, --, . . . . . . . . . \ " , . . ~,AcC..I&+Jt-aI(~1 / ~~ ~ ,/1/ ////' ~~ '/"",/-/,l/ .Pe'fI'r. l.z~'~A'" (,/ ~ ./~/ . '1/ l/ . $' I ) /; ownhouse Uni~/_ / l . ! i //1 .f ; lJ i \ LOTA 'H~th arlcing : Spaces I f'.-) 00 . . . . . , " \ '\ \ ...~ ~nterline o'f .; \Inhouse Unit lWS, Irant . , , -/h" iProposed Deck . Proposed I Trail Easem \fax ' I ent . ((I ,wnhouses I : . /ol I Ii ~ '1 Bu~~i Addition . -...... 11 i t :: , I I " -\ >:: ~?/~~.= !- '~y/ ~- U/ /' \ ( // ~J I /_____, , \ \ I I \ 2 l\ "--, / ! ~ -,--, . J:_,,-~~=- - ',-__LOT 1 (~~~~~~~~~ ,-----------_...- '~;~ ~ lStomgc_,-__ \ . L., ~""''''-''''''' .;,...... .......-... --- .... r ........ ._, _,_-...... \Pro Shgp:::;;:"";:-'~ -", , ',/"" ,...... ..........-...:--"- ~__--=/ /<~>c:--- ,-, ~ I \ -..... 8- f I! { \ \ . 1_~ - " \. \ I I. I .' \ ,. r; I .\ . 1..';"-"', I I I , , 1 , ,-' ./ (-- , I I I I I ] 1"""\. ~ ,. " MEMORANDUM To: Leslie Lamont From: Chuck Roth 01Z- Date: February 21,1995 Re: Easement Nullification, Lot 6, Aspen Meadows Subdivision ------------------------------------------------------------------------------------------------------------ Attached please find a copy of Bob Hughes' last letter which provided the correct recorded easement agreement for Lot 6. The easement recorded at Book 762, Page 359 et seq is the easement for the street drainage. I do not have any objections to nullifYing the easement agreement because it is sufficient for City engineering purposes for the easement to be indicated on the plat. The remainder of the ,Iletails ar0egal details that John should comment on. In the second "Whereas", the "to tWit" does not agree with my understanding of the reasons for the nullification. Bob Hughes stated to me on the phone that the reasons were because of details of the language in the agreement. He did not say that the nullification is requested because the City did not sign the agreement. If that were the reason, then the City should sign a fresh agreement for recording. Perhaps the nullification should include a line for John's signature, "Approved as to form." Please let me know if you need any additional information. cc: John Worcester, Cris Caruso (wi attachments) I M95.55 J 1""'\ ,'-'. '. l.AW OFFICES OF OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PI.AZABUILDING 533 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 LEONARD M. OATES ROB.ERT W. HUGHES RICHARD A. KNEZEVICH TED D. GAROENSWARTZ AREA CODE 303 TEl.EPHONE. 920-1700 TELECOPIER 920-112.1 OF COUNSEL' . ~ JOHN THOMAS KELLY February 1, 1995 Chuck Roth, P .E., City Engineer Engineering Department The City of Aspen 130 S. Galena St. Aspen, CO 81611 Re: JJ!iot 6, Aspen Meadows Subdivision Dear Chuck: My mistakei" I had meant to send you a copy of the "Utility Easement Agreement" that burdens Lot 6 - not the one that burdens Lot 5. The one that burdens Lot 6 is recorded in Book 76Z,.,at pageJ59 and a copy of that is enclosed along with a revised Nullification of Utility Basement Agreement for your consideration. Once again, we are not trying to eliminate or nullify any of the easements granted to the City or the utilities on the subdivision plat. To the contrary, we think those, alone, effectively grant the easements that are necessary and the easement agreements that were prepared by A. 1. Zabbia's office not only are duplicative but contain some awkward language. The enclosed statement of Nullification, etc. relates only to the Utility Easement Agreement recorded in Book 762 at Page 359 and does not purport to affect any other grants or dedications made 011 the subdivision plat. Thank you for your consideration, and please give me a call if you have any questions. Sincerely, OATES, HUGHES & KNEZEVICH, P.C. RWHftu Enclosures By: ~a.I.~4 R"obert W. Hughes (~ ) 5.'Ivanab\ltn\roth 1 ~ ~.~ , '- /""".. ~ /7 I" L)(] <oJ It. /} /*',/1.. /G :2- 3Sy .' UTILITY EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made and entered into this day .of . 19 , by" and between The City of Aspen. Grantee. and Savanah Limited Partnership, Grantor WHEREAS, Grantors are the owners of certain real property (the "Property") situated in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Lot 6, the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat, as recorded in Pitkin County Records in Book 28 at Page 6. NOW, THEREFORE, for good and valuable consideration,' Granters hereby grant and convey to Grantee subject to the terms and conditions hereinafter set forth and the rights herein specifically retained and resexved by Grantor, the right, privilege and easement to construct, install, maintain, operate, repair, remove, and replace a cl!rrently existingwater main line and any other future utility line deemed necessary to Grantee along and across the Easement Premises situated on the property as described and depicted on Exhibit "A", attached hereto and by this reference incorporated h,erein, further, Grantors do. grant to Grantee tl)t; right to access said utility lines over, under,' across and along.tlre Easement Premises as may reasonably- be required, for the puipose of exercising the rights, privileges and.easement herein granted. - . it; . .. _ -...;- The foregoing grant of easement and access shall be subject to the following terms and,:"'. conditions: -- '~ 1. The Easement Premises shall not exceed twenty (20) feet in width measured ten (10) feet on either side of the center line of the currently existing water main line. 2. Grantee's utility lines and all associated facilities shall be constructed, installed, - maintained and operated in a safe and workmanlike manner and in such a manner as to avoid damage to or destruction of Grantor's property or shrubs and other vegetation on the property. Grantee's utility lines, including all future lines, shall be installed to underground locations. Any damage to the Grantor's property or to the surface, trees, shrubs or other vegetation cause by Grantee's installation, maintenance, repair or removal of the water main line, f<lture utility lines, ,i,: or attendant fac"nities, shall not be the responsibility of the Grantee, except that Grantee shall repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists as of the date of this easement. . 3. Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises except during such times as Grantee's employees or agents are physically present and conducting activities permitted under this Easement. I 4. It is expressly understood and agreed that the grant of easement as herein provided ~r.-.: Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use G:he Propert:f. '...',:, ..r r-, r1 , . . , 5. This Easement is not intended and shall not be" construed to grant an eas.ement or . access across, over or under any property or premises other than the Easement Premises as described and depicted herein. 6. Grantee shall notify Grantors in advance of those dates and times Grantee. its employees or agents. shall accesS'the Easement Premises to undertake any excavations thereon. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 8. All rights. benefits and privileges granted, created or reserved herein, and. all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding..upon the parties, their successors and assigns. 9. Any rights to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantors, its successors or assigns~ IN WITNESS f!EREOF,.the Grantors have affixed their duly. aut~qri:zed signatures as ?f the day and year first written above. . ." . - , '.. Grantor, Savanah Limited Partnership " -....... -". - ~....7"?,=-- By:r::;/~t(;;LF. ;--,. " Al . '~l~ Title: Grantee, The City of Aspen By: Title: : ll-\\' \' 11 111//1////;, .~ IlEG//% . .$::." ....uJ::~ Prepared by Leonard Rice Consulting Water Engineers, Inc. Sign~""<:::S p .. ~ ~ . fjf _ I tt.~ ~6296 -- .. '. ..- ==:: .. . :::::: ~.,,: 26296 : o:~ =':;0. .O=:; Dal~~ .'L~..9f .ifl ~..r.... ...~~ '%toN.......('\ s ~ "'If, tiL LAt1" \\<($ //IIIi/IIIIIII\\\\I\\\ '" * . (""\ ~ Exhibit "A" Storm Drainage Easement Lot 6, The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat DESCRIPTION: A twenty (20) foot wide storm drainage easement as shown herein on Exhibit "B" and being located within Lot 6 of The Aspen Meadows Final S.PA. Development Plan and Final Subdivision Plat, being a subdivision located within the North 'h of Section 12, and the South 'h of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, State of Colorado, and being ten (10) feet perpendicular to each side of the centerline described as follows: Commencing at the southeast corner of said Lot 6; Thence N 10"54'00" W, 10.44 feet, along the common line of said Lot 6 and the westerly right-of-way of the Forty Foot Utility, Drainage and Private Access Easement as shown on said Subdivision Plat, to the true Point of Beginning; Thence N 84"14'00" W, 243.65 feet to the Point of Terminus, being a point along the westerly line of said Lot 6. I. (.j ~j ~ tij " ~ to I " 0' rl~1 D I (.) 0' .... .;;; <J) "- r(1 0' "- <J) .j:- .;;; (.) n .... tij 1J 1J GJ (.j o "TJ .j:- ..J r", t""\ ~.... ." '. Exhibit "Bn Storm Drainage Easement Lot 6, The Aspen Meadows Final S.P.A. Development. Plan and lFinal Subdivision Plat ~ SCALE: 1" = 50' -40. UrUT'f. DRAINAGe: ANa PRro. Te: AccESS EASElJENf Lot 1 " .. ., }. 7" Lot 6 Lot 4 P.O.T. -~ ~ ~ 20' srORM DRAINAGE EASEUEHr .f f --==---==-~~--JL - ----- - ~~:l~'oo.w _______ 21J.~ - _____ -J- - - - M.9adows Road " ..... '. .-.7'-;;. r.O.B. / N 10.54' .'11 ~IO.44' r.o.!\ \ \ - -.. .~ ~~.' .- t""'\ 1"'\ NULLIFICATION OF UTILITY. EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRFSENTS that: WHEREAS, there was recorded in Book 762 at Page 359 of the Pitkin County, Colorado real property records (the "Records") a certain Utility Easement Agreement by and between &avanah Limited Partnership ("Savanah") as Grantor and The City of Aspen ("City") as Grantee; and WHEREAS, the Utility Easement Agreement was erroneously placed of record in that the condition of the grant contained in the Utility Easement Agreement, to wit: acceptance of the terms and conditions of the Utility Easement Agreement by the City, had not been met prior to recordation; and WHEREAS, the grant contained in the Utility Easement Agreement is essentially duplicative of gran~ of easements made by Savanah for the benefit of the City contained and accepted by the City on the Aspen Me:idows Final SPA Development Plan and Final Subdivision Plat recorded in Plat Book 28 at Pages 5, et seq. of the Records (the "Final Plat"); and WHEREAS, the easement grants contained in the Final Plat and accepted thereon by the City are all that the City requires in the circumstances. " ~ NOW THEREFORE, in light of the foregoing Recitals, Savanah and the City do hereby publish and declare that the Utility Easement Agreement recorded in Book 762 at Page 359 of the Records is and shall be a nullity as fully, for all practical intents and purposes, as though such Utility Easement Agreement had never been executed by Savanah or placed of record in the first instance. IN WITNESS WHEREOF, this Statement of Nullification has been published as of the _ day of , 1995. Savanah Limited Partnership By: Aspen Enterprises International, Inc. By John G. Sarpa ATTEST: The City Jof Aspen By . ,-,' .:. STATE OF COUNTY OF 1""". .~ ) ) ss. ) The foregoing instrument was acknowledged before me this , 1995, by John G. Sarpa as Intemational, Inc., a day of , Aspen of Savanah Limited Enterprises, Partnership. (SEAL) . WITNESS my hand and official seiJ.l. My commission expires: Notary Public STATE OF COLORADO ) ^ ) ss. COUNTY OF PITKIN ) The foregding instnrment was , 1995, by for The City of Aspen. acknowledged before me this _ day of as (SEAL) savmah\nUUific WITNESS my hand and official seal. My commission expires: ,. Notary Public 2 /"">, r~ Jaimary 30, 1995 . Mr. Robert W. Hughes Oates, Hughes & Knezevich Third Floor, Aspen 'Plaza Building 533 East Hopkins Avenue Aspen, Colorado 81611 THE CITY OF ASPEN .OFFICE' OF THE CITY ENCINEER Dear Bob: I am responding to your letter of January 12, 1995, addressed to John. , , . , There appears to be some confusion concerning easements granted during the Aspen Meadows SPA and Subdivision approval process. Your letter makes ,reference to, easements benefiting the Meadows that 'are on Lot 6. However the easement agreement attached with your letter is for easements located on Lots 1 and 5. . If your interest is indeed in nullifying easements located on Lots 1 and '5, please provide letters from each of the utilities consenting to the nullification. ' U.S. West - Holy 'Cross Electric Association - Rocky Mountain Natural Gas TeleCommunications, Inc., - Aspen Consolidated Sanitation District - City of Aspen Water Departmerit If however your interest is in nullifying any easements 10catedOri Lot 6, staff has only discussed reducing the drainage easement from 20 feet wide to fifteen feet wide. Attached is a portion of the Aspen Meadows plat from Book 28, Page 7, which may help to clarify the issue. If you have any questions, please call me' at 920-5088. Sincerely, ~btL Chuck Roth, ,P.E. , Engineering Department. \. cc: John Worcester, Cris Caruso,~s1ier~~qAt L95.14 130 So.u:rH GALENA STREET . A~PEN, COLORADO 131611 . PHONE 303.920.5088 . FAX303.920.S197 Prlnlrd...re.:yded.paptr "~ . '~ ~-0'\. ' , '~\" \\~ " 10 4"0 .~ SOQ ~.$'.$' ~-?'0 ~ 9.;: ~4.$'e < " - ~ ~Gl ~1'r ~/O<, .te<<;o.s- "-, ;~::}~1~(;.~~~ "'. .,.....,~".... '.'.;~=:... L........,;._ . ~ -V). ~,'\ ~'. . .:.:<!/' ,. '.LS ':J~" . '. 1,' ___' Cl. \, . 'lP). q ;-- ,_ -' "'}.:'("~ . .. i ~/~7l'l\1-' -t-~& ;<." ':!) . PO' '<:-"..-r,,, . 00 . ", u' . . . . u~ ~ . ~~'Sl L '. ':'i.,~,,<-, 1', 19 'J ~ro .,;., .- ----...;.- ---, r . , \ - '1o...t1S' It- ' "~,'.9.9" . 00" I II 'It N 88035/5 E '. ", "'";' ;':,~~~ 'i!~t~~\; ., , .~ ", ,!., .; I 392.52 ____ ----;....-- ~ ----- S.~4oSJ~~O''''.d~ ,ClOOof' ,,",,' . :i1G'~ .;:"'.9,9 190 ~~ '~6" 1'/0 0-", "<'0 " It- '~:<<i,:. Got & . ~. 2~Qo' N 7'&03302"W " ~~. . .. ~>,:~ . ..~ ~. . ",. 4 ~ (5 o "'I\) "!.ca 01'~.$'",. t. g .~~A . 0 'o...."l')- I"f7 . ~~~~ 4.$'~4i~re CI) ,.. CJ' ig 0 . 'f;; ~ , <:) <:) , ~ z ~ o 0). t.o o. ~ <0'>.. ..... /<1 ';'~..t 7- '''fc: ~Il... ~4.so~"Q ~1'~.$'r~ . . 'rv"ll 101' ---, - " ~ \ \ \ \ ~ CSl . <P<J' o 'p ~.p. l'" l"'. % N 0) 0\ , VI. ~ ~ .. .. cJC() '.~,Ol.~.. -----cirJ':f?} 119 l' '0 , . 10.. 9 "0' <'0" ~ 6'", '00' 1'1.t. 01' .t"", It- . '. ., ~. . . t ", . -?~ &~ .' ~~~'<11')- . . ~..q~~r~.>-~O-?4~ ~ .....ijI..~". "1G<; ;, ~ . . ~ ~ .....~~ oli. o~ <1~ 'l)~ \'"l ?.9?.6"R' - "., . -i /. . ~ /'Ox <"J,~. /.., ..../-,/ . . . I I I t"""\ ,,........,, STRYKER / BROWN ARCHITECTS, PC November22,1994 23 Bill Drueding aty of Aspen Community Development 130 S. Galena St. Aspen, CO 81611 .---' Re: Aspen Meadows Tennis and Trustee Townhomes Dear Bill: Pursuant to our ~onversation this morning, I appreciate you working with Gary Lyman in the Building Department to have the Building Department review the plans for the above referenced projects, even though there are a couple of outstanding zoning issues waiting to be resolved. Joe Wells is in the process of preparing and applying for 2 administrative variances from the zoning on these projects. The Tennis Townhome project will require a lot line adjustment on the north side which is the property line adjacent to the restaurant at the Meadows. The adjustment will allow the project as. currently designed to be in conformance with the 5 foot minimum setback requirements and the 20 foot storm water easement on the south side. Joe is also currently preparing an application for administrative variance on the Trustee Townhomes. That variance will ask that the 2,500 S.P. FAR per unit be an average over all of the units rather than be a maximum for each individual unit As we discussed, the only unit that is currently not in conformance with the FAR is unit number 11 due to the slope at that unit By having the 2,500 S.F. FAR apply as an average for all of . the units, we would have the same total amount of FAR as approved, allowing the units to be , identical, which was the intent of the original SPA approval of the design as it currently stands. .On behalf of our client, Savanah Limited Partnership, we appreciate your patience in this complicated and difficult project review, and your work with the Building Department to expedite the review process. Sincerely, David P. Brown, AlA cc: Ferd Belz, Savanah Ltd. Partnership Joe Wells . 300 S. SPRING STREET, SUITE 300 ASPEN, COLORADO 81611 303.925.2254 925-2258 (FAX) i""'\ /f!.z17f 'To n~t~ ~<:f-..~... . ...____ ________ .. q ~uk w-JIj{""i. -iv~.~~ t""" ~~ n_. .. ..... ... ,1 j _ J ( f J . IO(~ _.. m m;i5.~_~~ 't"'V~..'t'__.. ."'-"-.... ......~ '.. .~. __\l_..__. ._.... ... ~)~..~ ---.... ,-. ~................ ----.---.-. ~ ___un . -.. - ...... .... ::.;t ..'..... ..---- -- -~ ~~ ~... :i, . - ...,'.~ ".1;-\: ,,"-;. '.'."...-c,',":-';'" "'-':'>':';<:"/"','-',:,;,-',"',":'.:'-Y:"'-'- ..'..-...,........, .-.,.,..- -"~:'--:',,:" r--. 1"""\ Joseph Wells Joseph Wells. AlCP Land Planning and Design October 24, 1994 Mr. Stan Clauson Planning Director, City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Mr. Clauson: My letter is to request, on behalf of Savanah Limited ParInership, owner and Newfield Enterprises International, Inc., developer, two minor amendments to the Aspen Meadows Final SPA Development Plan for Lots 5 and 6, as spelled out in the Aspen Meadows Final Specially Planned Area Development & Subdivision Agreement (the "Agreement") recorded in Book 667 beginning at page 731 and the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision Plat (the "Plat") recorded in Plat Book 28 beginning at page 5. In March, 1994, the owner filed building permit applications for the townhouse projects on Lots 5 and 6. The owner subsequently requested and received approval of an extension in the date of expiration of the GMQS allocations and vested rights for these residential projects from June 21, 1994 to December 21, 1994. It was the owner's intention to proceed with construction this fall on the Tennis Townhomes and request an additional extension for the Trustee Houses, as originally explained in the Extension Request dated April 16, 1994. This phasing was planned in order to minimize disruption to the academic programs at the Aspen Meadows which would result from having the two projects on small lots under construction at the same time. As a result of zoning staff review of the pending building permit applications, however, a couple of issues have arisen with regard to these two projects which prompts the owner to seek the administrative amendments discussed in this letter. The first of these requests deals with an issue raised by the City regarding the encroachment of .J,he"Xen:[lis Townhomes onto the storm drainage easement at the south enfof Lot 6. ~e owner previously committed to maintain a minimum setba'~ of 15 feej f.i ~.o. m the south property line and this was noted on Sheet A-19 of t1ie::f>J:!j;rffipdk 28 at page 46), attached as Exhibit A. When the as-built easemerwfor:tK€'~tbrm,::d~ainage line was recorded, the City Engineer requested {tpat a 20 foot ea:s~ment be provided and this is the width which was spelled otit'm.,the,~~.s!~~t agreement (see Exhibit B). The City 602 Midland Park Place Aspen. Colorado 81611 Telephone CO)l 925-8080 Facsimile ()O)l 925-8275 r-, ..-., October 24,1994 Mr. Stan Clauson Page two \ staff is now requesting that the full width of the easement be maintained free of obstructions. It has also been determined during the course of preparing construction documents for the project on Lot 6 that thfbearing of the southern boundary was also incorrectly drawn on Sheet A-19.lThe effect of this error was to mistakenly indicate that the southern bounaary of the lot is\urther away from the planned location of the structure than it actually iV Unless a significant redesign is undertaken, it will be necessary to shift the building five feet to the north, effectively to the present north lot line, in order to respect the full width of tre easement. In order to accomplish this, some form of amendment to the prior approval is required, because the Final SPA approval calls for a minimum of alive foot side yard setback. The owner proposes to seek approval of a Lot Line Adjustment, adjusting the north boundary in such a way that a five foot setback can be maintained from the relocated structure, as illustrated on the attached drawing (Exhibit C). The trail location at the north end of Lot 6 would not be affected by the boundary change. The trail easement will remain in the location shown on the Plat. The boundary will be adjusted in such a way that identical acreages will be maintained in both parcels. As a result of the City's adoption of Ordinance 13/1993, a lot line adjustment which meets the required tests may be signed off on by the Planning Director. Under the provisions of Sec. 7-1003(A)(1), an adjustment of a lot line between contiguous lots may be approved by the Planning Director if all of the following conditions are met: a. It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. The request is to permit an insubstantial boundary change to correct an inconsistency between certain information on the Plat and a subsequent commitment made in the Easement Agreement. b. All landowners whose lot lines are being adjusted shall provide written consent to the application. Letters of consent from Savanah Limited Partnership, owner of Lot 6 and the Aspen Institute of Humanistic Studies, owner of Lot lA, are attached as Exhibit D. 1"""<. 1"""\ October 24, 1994 Mr. Stan Clauson Page three c. It is demonstrated that the request is to address specific hardship. The Lot Line Adjustment is required to permit the structure as illustrated on the approved Plat to be constructed without a major redesign, while still respecting the full width of the easement as requested by the City Engineer. d. The corrected plat will meet the standards of this division, and conform to the requirements of this chapter, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing non conforming lot, in which the adjustment shall not increase the nonconformity of the lot. An amended Plat in conformance with the standards of Div. 10 and the requirements of Chapter 24 will be submitted upon approval. Both of the lots involved in the lot line adjustment are conforming parcels. e. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. The lot line adjustment will not affect in any way the development rights or permitted density (total number of dwelling units) of the affected lots. The second of the requests deals with the FAR square footage of the Trustee Houses on Lot 5. Section II(E) of the Agreement states that each unit shall be limited to a maximum of 2,500 square feet. Because of varying topographic conditions around the perimeter of the structure, some the units as submitted for building permit are somewhat larger than this limitation and some are somewhat smaller. In order to avoid artificially manipulating the relationship of the exterior walls and floor elevations to natural grade so that the square footage of each unit is precisely 2,500 sq. ft. of FAR, the owner is requesting an interpretation by the Planning Director that would permit an averaging of the square footage of the various units so that the average square footage of each unit does not exceed 2,500 sq. ft. of FAR. Under the provisions of Sec. 7-804(E)(1), an insubstantial amendment to an approved Final Development Plan may be authorized by the Planning Director. An insubstantial amendment is limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. Specific calculations of the FAR square footage for each unit could not reasonably be performed until the preparation of construction documents was undertaken. The issue is r-, ~ October 24,1994 Mr. Stan Clauson Page four eligible for consideration as an insubstantial amendment because it does not fall within the list of amendments which may not be considered, as follows: a. A change in the use or character of the development. The clarification regarding FAR does not represent a change in the use or character of the development on Lot 5. b. An increase by greater than three percent in the overall coverage of structures on the land. The clarification does not cause any increase in the overall coverage of structures on the land. c. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. The clarification does not result in any increase in trip generation rates of the proposed development, or the demand for public facilities. d. A reduction by greater than three percent of the approved open space. The clarification does not result in any reduction in the approved open space. e. A reduction by greater than one percent of the off-street parking and loading space. The clarification does not result in any reduction in the off-street parking and loading space. f. A reduction in required pavement widths or rights-of-way for streets and easements. The clarification does not result in any reduction in required pavement widths or rights-of-way for streets and easements. g. An increase of greater than two percent in the approved gross leasable floor area of commercial buildings. The clarification does not result in any increase in the approved gross leasable floor area of commercial buildings on either lot. h. An increase by greater than one percent in the approved residential density of the proposed development. The clarification does not result in any increase in the approved residential density of the proposed development. 1"""'. n October 24,1994 Mr. Stan Clauson Page five i. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. The clarification does not result in any change which is inconsistent with a condition or representation of the project's original approval or which requires the granting of a further variation from the project's approved use or dimensional requirements. Please let me know at your earliest convenience if you need additional information regarding these changes. Thank you for your assistance in this matter. ~.e~1L---~/ />%l~-:f~~ / Joseph wel( ~;~P / .., L~...'~"'''' 't. r"'. ~ , ' UTILITY EASEMENT AGREEMENT THIS GRANT OF EASEMENT is made and entered into this day of , 19 , by and between The City of Aspen, Grantee and Savanah Limited Partnership. Grantor WHEREAS, Grantors are the owners of certain real property (the "Property") situated in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Lot 6, the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat, as recorded in Pitkin County Records in Book 28 at Page 6. NOW, THEREFORE, for good and valuable consideration, Grantors hereby grant and convey to Grantee subject to the tenns and conditions hereinafter set forth and the rights herein specifically retained and reserved by Grantor, the right, privilege and easement to construct, install, maintain, operate, repair, remove, and replace a currently existing water main line and any other future utility line deemed necessary to Grantee along and across the Easement Premises situated on the property as described and depicted on Exhibit "A", attached hereto and by this reference incorporated herein. Further, Grantors do grant to Grantee the right to access said utility lines over, under, across and along the Easement Premises as may reasonably be required for the purpose of exercising the rights, privileges and easement herein granted. The foregoing grant of easement and access shall be subject to the following tenns and conditions: .~ ( ;) The Easement Premises shall not exceed twenty (20) feet in width measured ten (10) f~n either side of the center line of the currently existing water main line. 2. Grantee's utility lines and all associated facilities shall be constructed, installed, maintained and operated in a safe and workmanlike manner and in such a manner as to avoid damage to or destruction of Grantor's property or shrubs and other vegetation on the property. Grantee's utility lines, including all future lines, shall be installed to underground locations. Any damage to the Grantor's property or to the surface, trees, shrubs or other vegetation cause by Grantee's installation, maintenance, repair or removal of the water main line, future utility lines, or attendant facilities, shall not be the responsibility of the Grantee, except that Grantee shall repair or replace the surface vegetation to a natural state of usefulness and appearance as it exists as of the date of this easement. 3. Grantee shall not place, keep, store or otherwise pennit any equipment or materials on the Easement Premises except during such times as Grantee's employees or agents are physically present and conducting activities pennitted under this Easement. 4. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be superior to the Grantors' use of the Property. UJ (~J ~--J r~ <::UI ~ 'I D~ o D <::IJ:I ~I UJ--J OJ" f1) 71 I (-J en lJ"" ~ -I ~iSl ~ .0 z -, f(l n'" 0..... c.o Z~ -I -< IS:~ (-J n.. r~ rn Oi ::DiJ ;x: lJ ~G) ;lJ~ [T1 n o ;:JJO 0-'1 [T1 :::rJ..p. rr) :::u JS)iTi 'n e e o o n z o ~ ~ n 5. This Easement is not intended and shall not be construed to grant an easement or access across, over or under any property or premises other than the Easement Premises as described and depicted herein. 6. Grantee shall notify Grantors in advance of those dates and times Grantee, its employees or agents, shall access the Easement Premises to undertake any excavations thereon. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 8. All rights, benefits and privileges granted, created or reseIVed herein, and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assigns. 9. Any rights to the Property or Easement Premises not specifically granted to Grantee herein are reseIVed to the Grantors, its successors or assigns. IN WITNESS HEREOF, the Grantors have affixed their duly authorized signatures as of the day and year filSt written above. Grantor, Savanah Limited Partnership By:6't~;:? f- ~~\~ Title: Grantee, The City of Aspen By: Title: .'~~ \' \I 11I11//1111;, ,;j'>' ~EGI/~ Prepared by Leonard Rice Consulting Water Engineers, Inc. Sign~~~ . p....~~ . ~. I.. ..~6296 ~: 2 . ::= =-0. 6296 :0::= ~~\ . :$?~ Dat~~.'1. 4.9-+ -'$:[ ~ 0/. -. ..-..:$ ~ ~ 004,....... S ~ ~'r'4L LIII\\) ~~ "/II/flllllillll\\\\\\\\~ (0) ,< .., In ...; .., to I ...; 0' r(l 'iJ I t., 0' 1St oS) '" "- r(l 0' "- '" .., oS) (0) ... In 1J 1J G) rl) o 'I .., rJl""'." ~ .; ~J$lrP SA V ANAH LIMITED PARMRSBIP 2049 Century Park East, SuiU! 3160 Los Anleles, California 98061 (310) 556-3350 Phone (310) SS6-06S2 Fax October 18, 1994 Mr. Stan Clauson Planning Director, City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Aspen Meadows Dear Mr. Clauson: I am writing to you on behalf of Savanah Llmited Partnership, owner and Newfield Enterprises International. Inc., developer of Lots S and 6, Aspen Meadows Specially Planned Area. My letter is to confirm that we have authorized the preparation by Joseph Wells Land Planni.'lg of the attached lot line adjustment request between Lot lA and Lot 5 as well as the insubstantial amendment request for Lot 6 to clarify the calculation of FAR square footage. During the processing of this application, the Applicants will be represented by Ferdinand Belz and Joseph Wells. Please contact Ferd or Joe if you have any questions or need additional information. R. Benjamin 'dent Aspen nses International, Inc. Managing General Partner for Savanah Limited Partnership ORB:yni cc: Ferdinand Belz Joseph Wells ZOOIZOO~ '.LNa ala LilMaN ZS90 9SS Ole XVd L~:9l .6/Sl/0l P.2 1"".. ~ D...d '1', Mc/.augllllc Ch./fIlfClldfrhe Bam . October 13, 1994 Nick Coatee Coa.t , .Reici, 8t Waldron 720 t Hyman. Avenue As / CO 81611 Oea Nick: . I With reference to yow letter of October 11, and Joe Wells' lertet of October S, regarcting the lot line between the Institute and Lot ~uznber 6 of the TeMis TOWMo.l1'lS property, we ag:r:te with the adj~tment to tluI north bounduy Une, out would. hope that the site of t1j.e trail eaBetrlent could straddle the adjacent lot line so there is no ~ateria1 enc:oaclul:lent on the Institute. Nonethelesa, we con1ur with the adjustments 81 presented. i Regards, I ~ David T. McLaughliJ\ trattYe c:en*: P.O. Balt au. 2010 Camtdlll.el iIAncL Queenstowa.,.MD 11618 (41011110.542, . 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