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HomeMy WebLinkAboutLand Use Case.865 Moore Dr.0094.2015.ASLUi� J£•.��'i. s,.6tLLEE I ( tar: __ M r_ om u�u LN��. JX Y YfC,�Y1TY MAP SCALE' f' = 2000' City of Aspen GPS Con trot Monumen t GPS -15 City of Aspen GPS Con trot Monument GPS -14 '=rs�dt)' Found Rebar 76th Red Plastic Cop L.S #20133 to IE r rr«, sw. v w on t/leg e Y � C4D ,mac fL: 8.327.52' Ter/e3phon Riser ETectriC Transformer 18" CPP Telev/Sion I Riser 0 �n F 10.00' fi. Sewer 1 S&Wce 1 1� Mvn ole fit pstic TABLE UNE BEARING LDVGTtl L 1 N 7170'23" 47 64 1J.0 1-2 N 61'0' "E.2791' L3 V o41e� s \` 10614' L4 1 1 496'33 L5 30.65' 46,32' L6 Found Rebar Wth 25.42' Red Plastic Corp 2 B'0" L.S. ,{20133 L8 i TB' : 8332.49' 10.92' L9 S V,0" f �f L 10 N v Se L11 M hal ' 5.54' L12 S 61 x7'0" W / L 13 N 29'0'0" W 21.61' L14 S617*0A'W 84s' L15 N 2gvj " W 14. 5' L16 / 83 e3"o2• LOT 7, BLOCK G LH ASPEN LLC Plat Book 107 of Page 25 LOT 11, BLOCK G Plat Book 107 — `, -.-- •'...' _ � ,�,,.. {at Page 25 --� _ -- -'"' doe of pt! r vo Found Rebar �W/th !' ,.�- --�' '"' r / 30'Private Access Easement & We Certificate Red Rastrc Capfes,,,,.....- Emergency Access Easement 4AyVI �Q�^ the undersigned,a duly -authorized representative of L. S. AV0133 "�..,/ / (as shown on plat) Pitk/n County Title, Inc., do hereby certify that t have examined the title to Elea. 80w'11.20/ a/t lands herein dedicated and shown on this plot and that title to such 10.00', .�--• „_,....- / ' /ands is in the dedicator free and clear of a/1 liens, taxes, and encumbrances, except as shown hereon.'Atthough we bellevte the facts stated ore true, this certificate Is not to be construed as on abstract of title nor t` --- � plat) _•__ . �-•- •' an opinion of title nor a guarantee of title and it is understood and agreed 05 shown017 Pitkin Count Tit/e, Inc. neither assumes nor wry1 be charged with any Manh _..._. r0' utl/rty Emmen ...... • ---- financial obligation or Ifabi/ity whatsoever' /4 _ j 1 17.00' ._-- "'"' Doted thisjfay of vr( A.D. 201A 30.00' / ,,.-' ey. 0 Title Examiner aores "WYa?S XUB7CAIF 499W Y ALLEN 7UT71& A PRAFESSIWAL LAND SURW YM HEREBY mmFY THAT /N DEcmER, f Ci 2015 A SURVEY OF 1HE t49WAf DESCRIBED pRopERrY WAS pDWO AIM UNDD? M'# SUPfRV15y0N ANA IAM'C71AK X ACG'A+A4NAE N17H C4XAR.+lD4 REv�WD STA7tl7ES 197,E TITLE j4 AR77Gr'LE S>, r tom,,. 20.00 �, AS AAVAW FROM 7TA/E IV Tim& AAO THAT WS 2ND AAItMV PLAT 7HE MOWS FAAKY PUD, A `~-.. ,,.� z PLANNED LOAM uNrTY ACCURA TEL Y AND S&WTAN7IALL Y W %CTS SAID SURVEY. SUS CT PROPERTY 30' Priwte Access Easement & �� L -' / u HAS NO OWNWS OR cows PR war. R,E�ORDED THE ERROR of CLOSE" IS LESS 1HAN 1/15 Ooo. Emergency Access Easement /�,� �/ I MCOIRDED-EASLVEN73 la►avr- OF -WAY AND RmmcmoV ARE THOSE' SEr FvR7H /N SEC770W 2 OF (as shown on plot) r�-/,, ,� s�� / / o ? B A� 1HE TIJI < '�IAt//TA/E7VT /S57JED BY P17KIN WOW)' flnX,, 1W.. AS CASE' NO. �.- 6979 �1� $ rt w.01 38 1 =i Trail 10.00 Umm� t ''''tj DATE s Quo .01 , 1 000 .10 ?��� e�nt Com/ i Found Rebar Wth E ,,.•� '� // J Rend P/ostic Cap ' 2 r Utility / / f sho"� � � 9 p �,,, V s,,, L.S ,20133 TBM.• 8332.49' 023' ' �,,. '' re / 91 01 919 '16 e / / t LOT 4, BLOCIt\G `�� . p � / `./ / LOT 5, BLOCK G Mickey T. Dunn oo / .r / / RED LEAF HOMES LLC Book 107 at PageX;?5 y /' Plat Book 107 at Page 25 SND A M-E�'NDED PLA T OF L01' 6; BLOCS G FffF ff00-RZ F.,4ffl.Zr PUH 4 PX.,4YYF.P C0Jfff&VjFF COUNTY OF PITffIN, SF44TZ 017 COLOR41>O Tff.r PD17paSd' Ply/?' IS TO ".XND T8X Bl11"ING -XNOdlOPB Off' .£lIll LOT 6, BLOCX C. BU/LD/NG ENVELOPE UNE TABLE UNE BEARING LDVGTtl L 1 N 7170'23" 47 64 1J.0 1-2 N 61'0' "E.2791' L3 N 5535'54" 10614' L4 N 61 V'O" 3U. AB' L5 S 29v10" 46,32' L6 S 1274'39" W 25.42' L7S 2 B'0" 8.03' L8 S 60;19'51" W 10.92' L9 S V,0" f 29, gr7 L 10 S 4671'54" W 12.41' L11 N 297'0" W 5.54' L12 S 61 x7'0" W 23.50' L 13 N 29'0'0" W 21.61' L14 S617*0A'W 84s' L15 N 2gvj " W 14. 5' L16 61 Y.1'O" W 2.01' L17 N 29"''1 " W 29.73' L18 S 61 V **O'* W 10.24' L19 N 29.0'0" W 9.71' L20 N 74V'*O' W 5.0 ' L21 N 29x7'0" Wt 10.8 ' Nota,-- TbrTT e Sbr FTFIAW ,�S'r RFICZAASY Aocora.'ang to Colorado lou, you must 4WAMence any legal aelron dosed Won any defect in 727 Blake Avenue tleas survey with= thive years at%r you •fist d"covier suck defect In no event may Glenwood SprinCfS, Colorado 81601 any legal actwn based ipon any defect in tris swwy be commenced more Man ten years (970) 928-9708 (FAX 947-9007) from Me date of Me cer ,fd a1wn shown he cdn. l JMil— .ie„�',tV&S--t". com 2ND AMENDED PLAT /.F LOT •Z)OIJ/CA TUTTLE SURVEYING SERVICES THE MO ORE LEQW AND M07M O !VD/CA TES FOUND MONUMENT AS AESM/8W DA X OF SURVEY OCIMM 04 2015 1hWr 6F MEASUM(W7° US SURVEY FOOT cY1wrL'XifIP /N7D?VAL - 1 FOOr - No oVJgmAPS OR ooms PRESDVr - SCS ARE BASED UPOW A FOUND Nay REBAR AND W MARKED LS 2MM Ar THE NORTHN£ mxy Gi'A4NM OF SMD LOT 6 AlV1? A fO(AVO Nay REBAR & ILEME PLASTIC CAP AT iw AmwAS71 ay ca"eR of SAID LOT 6, UMVG A BEARING OF 55333'21'W &rnNMV W 7E+l1? AWMBED MGWAOM7S AS WOWV HMVrCNG - arY OF ASPEN & PITKIN COUNTY ZONING, PW R -3o - nOOD ZONE XWONAno►c ZOAE x "AREAS L7EM%WED 10 BE OUB OF 5010 YEAR FLOO RAW PET? FEMA a00D /NSil "CE RA 7T MAP PANEL 203 OF 324 MAP /D O8o97Co2054 DATED J/NE 6 1987 - THIS SURVEY DAE3 Nor RDWSSVr A 7?nE SEARCH BY WS StrIiRIew ro Dr7BW#Lr oWD?S NPSW OR 70 DISLOW? EA,S Ir6E7NS1�7 M AR OVi R E 4ANC 5C�5 QF RECORD. AU NFaWA710W A%rAIMW 70 OWW?SSW, EASWBVTS OR OTHER E?VtXAINWCES OF RECORD HAS B DV 1X0WV MW A 717LE /NstmkE cL81lM mevr ISWW BY Ff7MV COUNTY PIZ& !NC AS CASE NO. PCr2JAW-W. Certificate of Owers& and Ded/Cat/on Know al/ men by these presents that the underslgned, behg so% owners mortgogeag or lien holders of awl/ that real property situated In the City of Aspen, Pitkin County, CWWWO, said real prOperty being more pw-ticularly desaibed as follows Amended Plat of Lot 6, Block G, The Moore Famffy PUO, A Planned Community, accordp- gg to the plat recorded 4ine 02, 2014 in Plot Book 107 at Page 25 in the records of the Pltkln County aerk and Recorder. city of Aspen, County of Pitkin, State of Colorado. Mat sold owners have caused the said real pmperty to be fold out, platted and armvd as 2nd Amended Plat of Lot 6, 61ock G, The Moore Family PUD, A Planned Community a part of Pitkin County, Colorado. Executed this 7'r *1 day ofd til t ht,'Y . A.D.201S.- A A V 40 Properties LLC, Gem/d W. Shwof, Manager STA TE OF ) COUNTY OF MMW )SS H A k K.;.LL The o gdedkotion was o owledged before me , . this day of '" 2!716" bye WS C �{ My Commisslon expires Wtnem my hand and sea/ - Nbtory PUMC t Community De Director's Approval Thls --.L�J—doy of 20167 This Subdivision Amendment P/o was approved by the Aspen Community Development Director 0 City Engineer's Review This plat was reviewed for the depictl'on of the Engineering Department survey requirements This day of lai 2016 By. Clerk and Recorder's This Plot is accepted fnrfrl/n /n the MOO of the Clerk and Recorder of P/tkln County Colorado, this ^day of 201K Plat Book %2— on Page and Recept/on no. . Clerk and cord 865 MOORS DRIVE ASPEN, CO 81611 Drown by- 1W Dote: 12--22-15 X 2015 � FI VETREES � L G T6 L G j 2NDAMENDL O T68KG Fl VE TREES. DWG OF ATTACHMENT 2 —LAND USE APPLICATION Pn J_Fi C'T- Name: }�1017(rLlG tOF� il.Pl �V P('D• t,b-�• Location: eCOV* C�_ 12P— l 0041F-7 AiLH 1 • Ll b. (Indicate street address, lot & block num er, le •al description where appropriate) Parcel ID t (REQUIRED) 2�_' '4-���- L I t l D CO 1PPIJC'AN 1': Phone ft: REPRESENTATIVE: Name: C KL.!>±/�� 1t ( t Address: 1moo e)e q3.4� L�'� I Z Phone #: q-;Kj --O�q TiPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment. '--4�Er Final PUD (& PUD Amendment:) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — S(W) Greenline, Stream ❑ Subdivision Exemption {includes ❑ Final SPA (& SPA Margin., Hall= Lake Bluff, eondominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Fxpans'ion ❑ Residential Design Variance FILot Lne Adjw4nlent ❑ Cather: ❑ Conditional Usc PROPOSAL: (description of proposed buildings, use modifications etc. h'IODt' �IG�Ti C*J cr, eu i Loi k� o -i J l./&-LDe,�: lP.o-,-u t::=n A4aT GE-E�G� 14 WV6 Lcc � a Have you attached he following' FEES DUE: S , OC _❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachmcnt #3, Dimensional Requirements Form ❑ Response to attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. a disk with an electric copy of all written text (3licrosoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-13 model. Your pre -application conference summarN will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: FC05 E O 7, . Applicant: X10 ice' 7 wL C v i>r j l �c►- Location: Lp-- Zone District: Lot Size:LotArea: (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 roposed:Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed. Front Setback: Existing: Required: Proposed. Rear Setback: Existing: Required: Proposed: Combined FiR: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: Variations requested: Agreement to Pay Application Fees of Aspen ("City") and Proper -by Phone No.: Owner ("I"]: � ��' '�� L -t -G / Email:��t�f.}L 1 �F, 61 Cs�/--f,p•l L • [�{ Address of `' ,-- B i I I i n g Property: rknetJt�i_-t v., Address: (subject of Ir(Q I .�„K /., , (send bills here) 1 `y�- 0ae-rot-1! L �� applications MnnO>C L�aiiw lDut� I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services Indicated. 1 understand that these fl^4 fees are non-refundable. � 4� r v ► r�nlale 0 Select Dept flat fee r-or� -5 $_ flat fee for _ $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it Is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that It is Impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy inducting consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. I r. $ l' �i' deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ � deposit for I hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director NameVl�-A� L-1 �G1'2't�! e, City Use: Title: M.d �1 1, Re - Fees Due: $ Q Received: $ CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan DATE: 10/21/15 PROJECT: 865 Moore Drive REPRESENTATIVE: Cathy Markel REQUEST: Envelope Adjustment DESCRIPTION: The prospective Applicant would like to amend the shape of the development envelope for 865 Moore Drive (Block G, Lot 6) of the Moore Family PUD with no net increase in the area of the envelope. The lot is part of a Planned Unit Development (PUD) and PUD Amendment approval is required to modify development envelope. Approval to apply for the amendment shall be provided by the Homeowners Association. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http:/hv�,5r,.v.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%201and%20use%20api) %20form.pdf Land Use Code: http:/A1AwA,.asl)eni)itkin.com/Departments/Community-Develor)ment/Planning-and-Zoninq/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 A. Planned Unit Development — Insubstantial Amendment Review by: Staff for complete application and review of application Planning Fees: Planning Deposit— Review Type ($1,300.00 for 4 hours) Referral Fees: Parks(flat fee) - $650.00 — if applicable Engineering (hourly) — $275.00 per hour Total Deposit: $2,225.00 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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 ASLU PD Amendment — Envelope Adjustment 865 Moore Drive 1 agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ A draft plat of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ Written responses to all review criteria. ❑ An 8 112" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 Copies of the complete application packet and, if applicable, associated drawings. Number of copies correlates to referral agencies and review boards. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. 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. PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: October 26, 2015 at 8:00 AM Case No. PCT24594P 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: AV 40 PROPERTIES, LLC, a Texas limited liability company 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 6, BLOCK G, MOORE FAMILY PUD, A PLANNED COMMUNITY, according to the Plat thereof recorded August 10, 1998 in Plat Book 45 at Page 81. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: SCHEDULE B - SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. 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 Patents recorded May 6, 1890 in Book 55 at Page 9, January 19, 1892 in Book 55 at Page 20, November 29, 1892 in Book 55 at Page 34 and August 26, 1911 in Book 55 at Page 191. 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolutions of the Board of County Commissioners recorded February 15, 1995 in Book 774 at Page 50 as Resolution No. 95-9, October 27, 1995 in Book 797 at Page 922 as Resolution No. 95-173, November 9, 1995 in Book 799 at Page 150 and October 25, 1996 as Reception No. 398334 as Resolution No. 95-30, May 8, 1997 as Reception No. 404234 as Resolution No. 97-75, Ordinance No. 97-13 recorded June 10, 1997 as Reception No. 405216, April 7, 1998 as Reception No. 415352 as Resolution No. 98-57, Ordinance No. 20, Series of 1997 recorded August 11, 1998 as Reception No. 420479, August 11, 1,998 as Reception No. 420480 as Resolution No. 98-40. 9. Terms, conditions, provisions and obligations as set forth in Subdivider's Agreement recorded August 10, 1998 as Reception No. 420468 10. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Master Declaration of Covenants, Conditions, and Restrictions for Moore Family PUD, a Planned Community recorded August 10, 1998 as Reception No. 420466, Designation of Successor and Assigns was recorded August 11, 1998 as Reception No. 420552, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, seN, handicap, familial status, or national origin. 11. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 10, 1998 in Plat Book 45 at Page 81. 12. Terms, conditions, provisions and obligations as set forth in Master Deed Restriction recorded August 11, 1998 as Reception No. 420489 13. Terms, conditions, provisions and obligations as set forth in Moore PUD Planned Unit Development Guide recorded August 10, 1998 as Reception No. 420467 14. Terms, conditions, provisions and obligations as set forth in Water Service Agreement recorded August 11, 1998 as Reception No. 420481 and 420482. 15. Terms, conditions, provisions and obligations as set forth in Raw Water Agreement recorded August 11, 1998 as Reception No. 420485 (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions and obligations as set forth in Pretapping Agreement recorded August 11, 1998 as Reception No. 420486 17. Terms, conditions, provisions and obligations as set forth in Collection System Agreement recorded August 11, 1998 as Reception No. 420487 18. Terms, conditions, provisions and obligations as set forth in Preconnection Agreement recorded August 11, 1998 as Reception No. 420488 19. Terms, conditions, provisions and obligations as set forth in Memorandum recorded August 11, 1998 as Reception No. 420491 20. Terms, conditions, provisions and obligations as set forth in Easement Agreement (Utility and Drainage) recorded August 11, 1998 as Reception No. 420477 21. Terms, conditions, provisions and obligations as set forth in Easement for Water Lines and Related Purposes recorded August 11, 1998 as Reception No. 420478 22. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault Agreement with Holy Cross Electric Association, Inc., recorded January 11, 1999 as Reception No. 426420. 23. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 24, Series of 1999 by City of Aspen recorded July 14, 1999 as Reception No. 433361. 24. Annexation Plats recorded July 14, 1999 in Book 50 at Pages 44-47. 25. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Planning and Zoning Commission recorded December 28, 1999 as Reception No. 438990 as Resolution No. 23. 26. Order and Decree to Create a District was recorded December 28, 2000 as Reception No. 450000. 27. Terms, conditions, provisions and obligations as set forth in Release of Liability and Indemnification Agreement recorded October 9, 2001 as Reception No. 459551 28. Terms, conditions, provisions and obligations as set forth in Deed recorded June 21, 2002 as Reception No. 468992 29. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded July 23, 2002 as Reception No. 470147 30. Reservation of all mineral rights as set forth in Warranty Deed recorded July 7, 1999 as Reception No. 433064 31. Easements, rights of way and all matters as disclosed on Amended Plat of Lot 6, Block G, The Moore Family PUD a Planned Community recorded June 2, 2014 in Plat Book 107 at Page 25. 32. Terms, conditions, provisions and obligations as set forth in Clarification of Planning and Zoning Commission Resolution recorded October 1, 2015 as Reception No. 623784 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-17661970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING_ OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE: PCT24594P/PROFORMA ALPINE DESIGN October 20, 2015 Jennifer Phelan Deputy Director, Community Development City of Aspen 130 S. Galena Street, 3- Floor Aspen Co 81611 Re: Authorization for Alpine Design & Planning, Inc. Dear Jennifer: AV 40 Properties, LLC, 5773 Woodway Drive #800, Houston, TX 77057, (713) 882-5025, is the owner of Lot 6, Block G, Moore Family PUD, a/k/a 865 Moore Drive. 1, Gerald W. Schlief, as manager of AV 40 Properties, LLC, hereby authorize Alpine Design & Planning, Inc to act on our behalf for the purpose of submission and review of an application for an Insubstantial Planned Unit Development (PUD) Amendment for the property located at 865 Moore Drive, , Lot 6, Block G, Moore Drive. Regards, ,000"�4 Gerald W. Schlief, Manager AV 40 Properties�LLC PO Box 9348.Aspen.CO.81612 . Tel. 970.927.2227. Cell. 970.379.3996. Fax 888.474.6111 www.alpinedesignandplanning.com alpinedp@sopris.net Homeowner Association Compliance Policy X land use applications 'oAthir'. !,.e v►tv of Aspen a= e required fired to tnclt,de a Horneowner Assocfaton Comoliarce Farm tihis onn) ce. Y E-ry the scope of work :nck de t in the lanij use appiicajaq complies Shif t all appl;cabie co, r#anis and ti mer aYsociation ctofi^iFs. The certiftcaiton must be signed b� 4fit? iO �i`vYx}f't 0 f1dt�Sc}?�iF'i' _Y 10uI—rer. Narie*AV 4o PRoPF—gTtr=S� LLC property _ -- ,�rna,t GETS l t_t l (;t1Att_. CoK I✓thone No .W, 8$ - Address of F lg,5 fj o Q R E Elk, A S PE N Q0 'F f 49!) Property. ts>$;ect of � pf t nr Lai 6 BLK G� 110DRE FAr1}Ly Pub i certify as follows: (pick ort) E This property is no suNect to a homeowners association or Gita- form orf private covenant. L Tiffs properbI is sLiUjeci to a homeowners association or private covenant and #,P-- improvements heimprovements proposed in this lana use applicator do not require approval by ttte homeovmers associates; or covenant benefrcfary. This properly is sect to a homeowners assodation o; p ie covenant and the mDroveertents proposed in Mis lard use sp cation have been approved by the horrteowters associabor= or covenant beneficiary - 1 understand il''is poky and i understand they City of Aspen does not interpret, enforce. or manage ifte applicabut#y, meaning or effect of private covenants or homeowner assodab n rules or bytews. ? understand that this do curnent is a ptzlic doc=ent. O'er signature: date: /0 421 11'r Eer printed name: (; F,ALD W. S C g -L. I F—F or, MA NA C:E9- J AV PCaIOER-TIES., LLC Attorney signature: data: . tomey printed na r:en' FIV E T R E E S DESUN REVIEW BOARD .Tim Stark David Parker Tanja WoJeik Bvc Whiston Bruce Etldn Gary Beach September 18, 2015 Gerald & Candice Schlief' CC: Catherine Markle 5773 NVoodway Drive, #800 Alpine Design & Planning Houston. TX 77057 alpinedpocomcast.net Re: Approval for Building Envelope Modification, Block G, Lot 6 Dear Mr. and Mrs. Schlicf, In response to your third request to modify the Building Envelope for Block G. Lot 6, this letter serves to inform you that your request to modify the dimensions of the building envelope without increasing the square footage was unanimously approved by the Design Review Board. Final approval will be contingent upon the written consent from the City that they approve the building envelope modification. As a reminder of your current status with the DRB; you received an approval for the revised Final Design on April 25, 2014. In order to move forward, you will need to submit two full size sets of the Final Working Drawings to the DRB along with a Construction Compliance Deposit in the amount of $20,000 and a Heavy Vehicle Use Fee of $0.30 per square foot of the residence (FAR) made out to the FiveTrees Metropolitan District (FTMD). Once the Final Working Drawings are stamped and dated for approval, all DRB fees are paid, and you have received all necessary approvals and permits from the City of Aspen construction may commence. Should you have any questions or need additional information, please feel free to give me a call. Sincerely, Kelly charme Assistant Manager FT1v1DiDRB,'20151Sch1icV0209 Lot 6 SchhcrBE approva109.18.15 • You will provide information, mapping or a sketch shoring the proposed placement/location of geothermal wells. • Your plans show landscaping occurring well outside the building envelope, you agree that while the FTDRB is not concerned with the addition of landscape materials outside the BE, the City of Aspen may reject your plans. The Board has approved the residence design, including the following items: • The 9:12 roof pitch, which exceeds the FPDRB standard. • The choice of roof material and color (grey tones). • The proposed landscaping outside of the Building Envelope. All approvals must have the necessary permits from the City of Aspen and must strictly adhere to the approved plans. Should you find you need to modify the design, you must immediately advise the DRB of those changes to determine if the modification is acceptable_ In conjunction with submitting the Final Working Dra-v%ings, a Construction Compliance Deposit in the amount of $20,00o and a Heavy Vehicle Use Fee of $0.30 per square foot of the residence (FAR), made out to the FiveTrees Metropolitan District (FTMD), is required and due prior to any construction activity. This approval is good for one year from April 25, 2014, the date of approval. If you are unable to begin construction within that time, all approvals will be rescinded and you will be required to resubmit an application for neve approvals. If work is completed that is not approved, you may be issued a Stop Work Order and you must immediately cease all construction activities until the reason for the Stop Work Order has been resolved to the satisfaction of the DRB. All work must be completed within 18 months of the start date. if that is not possible the reason(s) therefore must be proAded to the DRB along 0th a proposed completion date. Please do not hesitate to call the office with any questions you may have. Sincerely, By------T-- Gary L: cls FiveTrees District Manager CC: Catherine Markle, Alpine Design & Planning - alpinedp@comcast.net Olafur Johannsson, Johannsson Architects Inc. - oli@j-architeets.net ALPINE DESIGN _ANCSC4:)E ARC-HTECTURE - L4ND USE • DESGN-EL1LD October 22, 2015 Jennifer Phelan, Deputy Director City of Aspen Community Development Department 130 So Galena St. Aspen, CO 81611 Re: Request for Insubstantial Amendment to a PUD Minor Revision to Building Envelope for Lot 6, Black G, Moore Family PUD 865 Moore Drive, Aspen, CO 81611 Applicant: AV 40 Properties, LLC, Gerald W. Schlief, Manager Represented by: Alpine Design & Planning, Inc., Cathy Markle LLA, President Proiect History: The applicant submitted a building permit application with the City of Aspen in June 2014. Previous to that submittal, the applicant received approval for a Minor Amendment to the plat of Lot 6, Block G, Moore Family P.U.D. That amendment was consistent with other amendments to building envelopes within the subdivision over the past 10 years which have allowed adjustment to the building envelopes for better positioning of the single family homes on the lots. During the course of staff review of the building permit, staff made several comments on the site plan and the permitted uses in the Activity Envelope, defined as 20' from the foundation of the building. Pursuant to the staff comments and the determinations in CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ADMINSTRATIVE POLICY CLARIFICATION OF PLANNING AND ZONING COMMISISON RESOLUTION NO. 09 (SERIES OF 2009) AFFECTING THE MOORE FAMILY PUD DEVELOPMENT GUIDE PO Box 9348.Aspen.CO.81612 . Tel. 970.927.2227. Cell. 970.379.3996. Fax 888.474.6111 www.aipineciesignandplanning.com aipinedp@sopris.net Page 2of3 The applicant has made the following minor changes to the site plan to ensure that: • The temporary soil -nailing for excavation safety may be located within the Activity Envelope, but not extend beyond it. Revisions to the stamped engineering documents will be submitted as a revision to the existing Building Permit application; • All geothermal wells are contained within the Activity Envelope or are under the driveway; • The Water Quality structure required is contained entirely within the Activity Envelope, however the drain from that structure may be located outside the Activity Envelope, within another utility trench; • Patios, walks and other hardscape elements now allowed within the Activity Envelope are not more than 30" above or below finish grade. All foundation walls and any site grading that is more than 30" above or below finish grade are within the Building envelope; Compliance with Land Use Code Standards: Section 26.445.110. Amendments. Amendments to an approved Project Review or to an approved Detailed Review shall be reviewed according to the standards and procedures outline below. Amendments to Planned Unit Development and Specially Planned Area approvals (pre- City of Aspen Land Use Code Part 400 — Planned Development Page 16 Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures outline below and the Community Development Director shall determine the type of procedure most applicable to the requested amendment. A. insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. The proposed building envelope adjustment does not change the single family use of the property and is consistent with the intended and existing character of the single family lots in the Moore P.U.D. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. PO Box 9348.Aspen.00.81612 . Tel. 970.927.2227. Cell. 970.379.3996. Fax 888.474.6111 www.alpinedesignandplanning.com alpinedp@sopris_net Page 3 of 3 The amended building envelope represents an insubstantial change to the platted envelope on Lot 6, Block G, Moore Family P.U.D. and is consistent with the allowed and anticipated uses and development of that tract. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. The amended building envelope maintains the same 11,743 square feet as the previously (and originally) platted envelope. The adjustment is being made subsequent to the reduction in square footage of the proposed residence and the Clarification of Resolution No. 9 (series 2009) which clarified what uses are permitted to extend outside the building envelope and into the activity envelope. The adjusted envelope in the 2r"d Amended Plat will allow for temporary soil nailing, landscape, geothermal wells, and required storm water quality improvement in the Activity Envelope and maintains all foundations and footings within the Building Envelope. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. The proposed amendment to the building envelope is a minor technical adjustment based on changes to the site plan made subsequent to the application for building permit and are insubstantial. PO Box 9348.Aspen.CO.81612 . Tel. 970.927.2227. Cell. 970.379.3996. Fax 888.474.6111 w\,vw.alpinedesignandpianning.com alpinedp@sooris.net October 22, 2014 Gary L: Beach, manager Five Trees Metropolitan District 711 East Valley Road, #143 Basalt, CO 81521 Kathy Markel 1 n 1.11 f k IF Alpine Design and Planning _ PO Box 9348 Aspen, CO 81612 Dear Gary.and -Kathy: The city is in receipt of two letters, one signed by Gary Beach dated August 21, 2014 and one from Kathy Markel dated September 5, 2014. The two letters request clarification with regarcr to development that may occtir outside a building envelope as tNell as regUiations, that pertain to the lvloore ' f=amily PUD. Essentially, the. - questions are a$follows: 1. Where may soil nailing occur? 2. Is stormwater management applicable to individual lots? 3.. What, if any, landscaping may occur outside a building envelope? _ 4. Where may geothermal wells be located? s. May excavated fill be placed within a right-of-way? The city is a party to. multiple land use approvals associated with the Moore Family PUD, of most importance in the review of a building permit application is the Moore 'Family Planned Unit Development Guide (reception nurnber 420467) approved by Pitkin County prior to the subdivision being annexed into the -city and Resolution* No. 9.(Series of 2009) approved by the Aspen.Planning-and Zoning Commission. -The period of statutory vested rights has expired. The approvals remain valid; however,- they are subject to the allowances, limitations, and requirements of the city's Land Use Code and municipal code as have been and may be amended. The city_ will continue to observe the definitions and calculation methods specifically cited in the approval documents. The original RUD Development Guide recorded in 199g outlined how development may occur on individual lots within the subdivision. Specifically, Article VIII notes that "all development including grading shall be contained within the building envebrics, with the exception of grading necessary for driveways and driveway retaining walls, roads as depicted on the detailed submission grading plans, and berms and landscaping in Open Space Area 9" (emphasis added'). Subsequently in 2009 o resolution was adopted creating a new activity envelope, around buildings. This allowed certain improvements to be located outside the building envelope but within an activity envelope including approved landscaping, drainage features including. drainage swales and drywells, geothermal wells, and irenchiing for utilities. As the definition of development was not defined in the Moore Family Planned Unit Development Guide, today's.definition within the city's Land Use Code appiles. development is defined as " the use or alteration of land or land uses and improvements inclusive of, but not limited to: 1) the creation; division, alteration, or elimination of lots; or 2) mining, drilling (excepting to obtain soil samples orto conduct tests or the construction, erection, alteration or demolition of buildings or structures, or 3) the grading, -excavation, clearing of land or the deposit or fill in preparation or anticipation of future development, but excluding landscaping:' The above mentioned documents as well as the City definition of development are the basis for the following responses. Pagel of 2 . JX SOLr H i.,.1JUA. ,vr Acacia, COWRAI�o 91611-1975 970.520S1 www. "PL"-0YX0M - r 1. where may soil nailing may occur? Soil nailing may occur within the building envelope. Per the city definition of development, it is inclusive of the construction of structures. As soil nailing is a•form of structure it is considered development and as the 2009 resolution did not provide for soil nails within the activity envelope, all soil nailing must occur within the building envelope. 2. is 'storrnwater management applicable to individual lots? The Pitkin County code at the time required that "Development shall provide for . , , adequate provisions for storage, treatment and removal of pollutants which may result from development." The "Five Trees Grading `and Drainage Plan and Moore -Family P,U.D. Drainage.and Water quality Report' prepared by Schmueser Gorder Myer, inc. and'dated September 1996 sloes not discuss "provisions for storage, treatment and removal of pollutants" and upon review of the plan sheet it is clear that none was provided. The substantial cost in obtaining licensed engineering for a stormwater management plan on Lot 6 will not go wasted as the water quality -capture volume (the "WQCV") requirement that the engineer provided in` his design will provide for storage, treatment and removal of pollutants resulting from development. Please respond -to comments and implement the drainage plan. I 3. What, if any, landscaping may_occur outside a building envelope? Based upon the city definition of development, landscaping is. not considered' development. In 2009, the city worked with a representative of the Moore PUD and the PUD was amended to allow for landscaping within the activity eneveiope; however, landscaping was not clearly defined. Although the Moore Family PUGS has design guidelines, the city is not a party to the guidelines. The question remains as to whether landscaping is solely plantings or'if hardscape features maybe included outside the building envelope. Staff is willing to clarify this issue administratively, but will currently consider landscaping solely. plantings and not structure. - 4. Where may Reothermal wells be located? As permitted by the PUD development guide and Resolution No. (Series of 2009), .geothermal wells are permitted within both the development and activity envelopes within the subdivision; however, geothermal .wells are not permitted beyond these envelopes. May -excavated fill be placed within a right-of-way? Generally, no --the ROW appears to be graded as shown on the plat. That said, there may be minor grading (fill) that could help connect the driveways to the road, but it would need to be graded consistent with the plat and not present a safety hazard. Both parties have suggested that a provision in a water service agreement precludes the city from imposing any City requiremerits upon the subdivision in perpetuity; however, staff does not agree with this assessment based upon the reasons stated previously. 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