HomeMy WebLinkAboutLand Use Case.865 Moore Dr.0094.2015.ASLUi�
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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.
Please let us know if you have any questions. Staff is available for any further discussion necessary on these
issues.
Best regards, Jennifer
Jennifer
all
Deputy Planning Director
Page 2 of 2
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