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HomeMy WebLinkAboutcoa.lu.pu.Barbee.A101-99 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A101-99 2735-131-00100 Barbee Family Subdivision/PUD Insubstantial Amendment Lots 8,9,10,11 Barbee Subdivision Nick Lelack Insubstantial Amendment John Barbee Sunny Vann Approved by JAW 2/8/00 J. Lindt PA'RCEilo' To.,. "".""".' , '"'.,' ~'" ..\, ~... ..- , ','DATE RcVD: l" ,~ ~[; , #COPIE::;:r-- CAS,E NaIll '(: '.";! PROJ AD'OR'jL".. 8 ( .~ "I ~"...;..".:lo C::II ,'". ...- , , . .':.::: _,~ l.: ';':1 ..0::.. .. _ r.... \ I.~.., CASE TYP'f'''' ",..".,',' . ."...".. -".., .' .............. ..:1 1'". _ ..II',.... PLNR:~f\:I:"'1': i.SO'i.'':;!( STEPS;r~ CASE NAME: Ga,.c..:,::" j--.,lrrul! S ,.:>) '. 'SI:::n PliD :;i!"~:!;s~~n:'.;1 ;\""~~r'Qmi::;:: AOR' ~,il!(K S;.o'~.' ~J,,,~:; CiS/z:'~a:7e....~rl :.n ~~}:;'5 PHN.: ~::~il":-(f'~'i"?;O AO'R: 2.:.~ r: d("~......:=: ' c's'z:1Asop.n c.~ :! il~' i PHN ~~2.:~'-H.:~f) FEE,S ReVD:! STAT: r- OWN/APP:~..lo"n B.!!ri;oc~ REP:jS"'"'' ,..... ., ........ , ' F'EES DUE:j-'e:lll RF.FERRA~sl REF:j Byl DUE:l , MTG 'cA TE REV BODY ,PH, NOTICED 1 I 'rl I :'1 I I I I r, DATE OF FIN....~ACTr CITY COUNCI~:, , PZ: BO....:I DRAC:l T ADMIN:iApp~1l REMARKSj c~osEo:f21flfJ) BY:,~ ' , ,P~AT s~~~';~:"I- ' P~""T IBK,PGl:1 MEMQRANDUM FRQM: Julie Ann Woods, Community Development Director Nick Lelack, Planner ~v,tv Barbee Family SubdivisionIPUD Insubstahtial Amendment TO: RE: DATE: November 19, 1999 SUMMARY: On behalf of S&S Development. LLC, Sunny Vann of Vann. Associates, LLC, has applied for an Insubstantial Amendment to the SubdivisionIPUD Agreement ("Agreement") for the Barbee Family SubdivisionIPUD. Five amendments are requested: 1. Amend Article II, paragraph 1.(i) of the Agreement to increase the floor area of the Category 4 duplex units located on Lots 8, 9,10, and 11 from 1,400 square feet plus a 500 square foot basement to 1,550 square feet exclusive of the basement. 2. Amend Article II, paragraph l.(i) of the Agreement to allow the submission of alternative architectural plans to the schematic architectural plans approved in connection with the final subdivisionIPUD application. The alternative plans will be subject to Community Development review and approval. 3. Amend Article II, paragraph 1.(0) of the Agreement to allow the applicant to apply for and obtain building permits for the free market units prior to the issuance of Certificates of Occupancy for each of the Category 4 units. However, the applicant shall not receive a final building and electrical inspection for the free market units until after a Certificate of Occupancy has been issued for each of the four Category 4 units. Currently, the applicant cannot construct the free market units until after all the Category 4 units are issued a Certificate of Occupancy. 4. Amend Article II, paragraph 6.(a) of the Agreement to allow the applicant to develop an air quality mitigation plan with the Environmental Health staff after final recordation of the final SubdivisionIPUD Agreement and plat instead of before final recordation. No building permits will be issued for the project until the air quality mitigation plan is approved by the Environmental Health staff and Community Development Director. S. Amend Article II, paragraph 1.(e) of the Agreement to allow "off-street" parking as an allowed use outside the designated building envelopes. This issue was not addressed in the conditions of approval for the final subdivisionIPUD. 1 If approved, these amendments will be incorporated into the SubdivisionIPUD Agreement prior to final recordation on November 24, 1999. Community Development staff recommends approval of the requested Insubstantial Amendment to the SubdivisionJPUD Agreement for the Barbee Family SubdivisionlPUD, with conditions. APPLICANT: S&S Development, LLC represented by Sunny Vann ofVann Associates, LLC. LQCATION: Lots 1 and 2 of Block 11 and Lots 1-9 of Block 5, City and Townsite of Aspen, plus additional metes and bounds, Parcel No, 2735-131-00-100 ZQNING: AHl/PUD, R-1S/PUD and Conservation , BACKGRQUND: The Barbee Family SubdivisionIPUD was approved by City Council Ordinance Number 11, Series of 1999. The SubdivisionIPUD Agreement and Final Plat, Deed of Conservation Easement, and Trail Easement Agreement will be recorded on November 24, 1999 with the requested changes in this Insubstantial Amendment. REVIEW CRITERIA & STAFF FINDINGS 1. Section 26.480.080(A), Amendment to Subdivision Development Qrder In order for this proposal to qualify as an Insubstantial Amendment, the request must comply with Section 26.480.080(A), Amendment to Subdivision Development Order, which reads as follows: A. Insubstantialamendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. Staff Finding Community Development Director finds that the proposal qualifies as an Insubstantial Amendment because it is limited to technical considerations which could not reasonably be anticipated during the approval process, Staff also believes that the five (5) minor changes contained in the amendment do not effect the conditions and representations limiting the approved plat. 2 Staff finds that increasing the size of the Category 4 duplex units on Lots 8, 9, 10, and 11 by 150 square feet each to 1,550 square feet will provide higher quality affordable housing units, which has been a goal of the Barbee family throughout the review and approval process. The Community Development Director also supports the request to allow the property's potential new owner, S&S Development, to submit alternative plans for the Category 4 units subject to the Community Development Director's approval and that they meet the City's Residential Design Standards. Staff recognizes that the new owner's architectural design preferences may vary from the Barbee family's preferences and, therefore, should have the opportunity to submit alternative plans. The applicant also requested the ability to construct the free market units at the same time the affordable housing units are constructed on the condition that a final building and electrical inspection will not be scheduled for the free markets units until a Certificate of Occupancy is issued for each of the affordable housing units. Staff finds this to be a reasonable request because the City continues to gain assurance that the affordable housing units will be available for occupancy before the free market units are occupied. In addition, constructing the free market and affordable housing units concurrently will shorten the time it takes to build the units, which should reduce the construction impact on the neighborhood. The applicant states that the changing ownership of the property from the Barbee family to S&S Development necessitates the development of an air quality mitigation plan by the Environmental Health staff after, rather than before, recordation of the final plat. Staff supports this request because, in this case, the new property owner and developer should develop an air quality mitigation plan that will appropriately address their construction practices. Further, the timeliness of the changing ownership and recordation deadlines makes developing the plan prior to the recordation a challenge for all parties involved, Staff supports this request on the condition that the plan be developed with and approved by the Environmental Health staff prior to applying for building permits. The Community Development Director finds that the final request to add "Off-Street Parking" as a use allowed outside of the designated building envelopes is acceptable as long as it is within the designated setbacks, 2. Section 26.445.100(A), Amendment ofPUD Order In order for this proposal to qualify as a PUD Insubstantial Amendment, the request must comply with Section 26.445.1 OO(A), PUD Insubstantial Amendments, which reads as follows: 3 A. PUD Insubstantial Amendments An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land, 3, Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. 4, A reduction by greater than three (3) percent of the approved open space. 5, A reduction by greater than one (1) percent of the off-street parking and loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. . 7, An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. 8, An increase by greater than one (1) percent in the approved residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding None of the five (5) requests included in the proposed Insubstantial Amendment will achieve any of these nine (9) outcomes. Therefore, this proposal meets the PUD Insubstantial Amendments criteria. RECQMMENDATION: Staff recommends approval of the Barbee Family SubdivisionIPUD Insubstantial Amendment with the following conditions: 1. The Community Development Director shall approve, approve with conditions, or deny alternative architectural plans submitted for the four Category 4 units. The alternative plans shaU meet the City of Aspen's Residential Design Standards. 2. No final building and electrical inspection will be scheduled for the free market units until a Certificate of Occupancy has been issued for each of the four Category 4 units, 3. Prior to submitting building permits, the applicant shall develop an air quality mitigation plan with the City of Aspen's Environmental Health staff and receive approval from the Community Development Department. No building permits will be issued until the required mitigation plan is approved. 4. AU material representations made by the applicant in this application shaU be adhered to and shall be considered conditions of approval, unless otherwise amended by the 4 Community Development Director, the City Engineer, or a Board/Commission having authority to do so, 5, Off-street parking may be located outside the building envelopes, but must be within the designated setbacks for each property, EXlllBITS: Exhibit A - Application Packet APPRQVED BY: DATE: (.\on Woods unity Development Director /tjl7/9j -1)))) 7.> .~ . "0, "Oo/-tt /]IO~ V", ~J;.a ./ ~ '() ,,~.~ .:; 1<' ....;;~ <'<t V()r- 1'-:'.... v""'4I.;' \o7..y ~':.y~" ~)'a <4' i/y<i:1; 1:?9 5 VANN ASSOCIATES, LLC Planning Consultants November 3, 1999 HAND DELIVERED Ms. Julie Ann Woods Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Barbee Family Subdivision/PUD Insubstantial Amendment Dear Julie Ann: Please consider this letter a request for an insubstantial amendment to the Barbee Family Subdivision/PUD approvaL As we discussed with Tim Semrau on October 20, 1999, the project's affordable housing component and two of its free market lots are presently under contract to S&S Development, LLC, in which Tim is a partner. The contract requires that the Barbee family assist S&S Development in obtaining several minor revisions to the conditions of final subdivisionlPUD approval which are memorialized in City Council Ordinance No. 11, Series of 1999 (copy attached), Upon approval, the revisions are to be incorporated within the subdivisionlPUD agreement which is to be recorded concurrently with the project's final subdivision plat. Proposed Revisions The specific revisions requested by S&S Development, and the rational therefore, are summarized below. 1. Condition number 4 of Ordinance No. 11 limits the allowable floor area of the Category 4 duplex units to be constructed on Lots 8, 9, 10 and 11 to 1,400 square feet plus a five hundred square foot basement. Tim has requested that the floor area limitation be increased to 1,550 square feet exclusive of the five hundred square foot basement. Inasmuch as there is no maximum size limitation for Category 4 dwelling units in the AspenlPitkin County Housing Authority's guidelines, and the maximum sales price is fixed rather than based on square footage, Tim's desire to provide a more livable unit would appear to be a reasonable request that is consistent with the Barbee family's original goal of providing quality affordable housing units. The requested revision is addressed in Article II, paragraph 1.(i) of the attached subdivision/PUD agreement. Please note that the revision to the Agreement 230 East Hopkins Ave. . Aspen, Colorado 81611 . 9701925-6958 . Fax 970/920-9310 Ms. Julie Ann Woods November 3, 1999 Page 2 has been highlighted to facilitate your review. Various additional revisions which are required to address the approval conditions contained in Ordinance No. 11 have also been highlighted. These revisions are identical to those contained in the draft subdivisionlPUD agreement that I delivered to you on September 20 for the City's review and approval. 2. Although not a specific condition of approval, the September 20 draft subdivisionIPUD agreement requires that the Category 4 units be constructed in accordance with schematic architectural plans that were submitted in connection with the final subdivisionlPUD application, and which are to be recorded with the final subdivision plat. Tim has requested, however, that S&S Development be allowed to submit alternative plans for the units which must be reviewed and approved pursuant to applicable regulatory requirements, As this revision merely allows the submission of alternative plans and does not guarantee approval, its inclusion it the Agreement would appear to be a reasonable request. It should be noted that condition number 9 of Ordinance 11 requires that all structures comply with the City's Residential Design Standards. The requested revision is addressed in Article II, paragraph 1.(i) of the attached Agreement, 3. Condition number 26.c) of Ordinance No. 11 requires that the project's four Category 4 units receive a Certificate of Occupancy prior to the issuance of any building permits for the free market units. Tim has requested that S&S Development be allowed to construct the free market residences on the two free market lots which he is acquiring concurrently with the four Category units. No Certificate of Occupan- cy for the free market units, however, would be issued until a Certificate of Occupan- cy is issued for the Category units. This revision would significantly reduce the time required to construct the units in question, thereby reducing the impact of construc- tion on the surrounding neighborhood. As the free market units cannot be occupied until the Category units are available for occupancy, this revision would also appear to be acceptable. The revision is addressed in Article II, paragraph 1.(0) of the Agreement. 4. Condition number 12 requires the approval of an air quality mitigation plan by the Environmental Health Department prior to recordation of the final plat. S&S Development, however, is not scheduled to close on the property until after the final plat is recorded. As a result, they would acquire the property subject to the requirements of the Barbee family's mitigation plan, Inasmuch as S&S Development will be responsible for implementing the mitigation requirements, they would prefer to develop the plan with the Environment Health Department themselves. To insure compliance, Tim will agree that no building permits will be issued until the required air quality mitigation plan is approved. This revision is addressed in Article II, paragraph 6.(a) of the attached Agreement. Ms, Julie Ann Woods November 3, 1999 Page 3 5, Finally, Tim would like to add "Off-Street Parking" as a use allowed outside of the designated building envelopes. While this issue is not addressed in the conditions of final subdivision/PUD approval, I am not aware of any regulatory requirement which would preclude off-street parking within the required setbacks. Consequently, I have added off-street parking to Article II, paragraph l.(e) of the Agreement as a development activity permitted outside of the designated building envelopes. Review Requirements Pursuant to Section 26,480.080.A. of the Aspen Land Use Code, the Community Development Director may approve a minor change to a subdivision development order which is found to have "no effect on the conditions and representations limiting the approved plat". Such changes are also permitted to a PUD development order pursuant to Section 26.445.100.A. of the Code. As the requested revisions will have no adverse effect on the conditions of subdivision approval and are consistent with the intent of the. Barbee family's representations during the approval process, I believe that you may administratively approve the proposed changes as provided for in the Code, Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely attention to this matter would be sincerely appreciated. Yours truly, cc: Arthur C. Daily, Esq. Tim Semrau c:lbuslcity.app\app34097.amd EXHIBIT A PROj'ERTf DESCRIPTION THAT PART OF LOT 1 OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, ACCORDING TO THE DIAGRAM CERTIFIED. BY THE UNITED STATES SURVEYOR GENERAL'S OFFICE, JANUARY 4, 1896 AS ATTAC[{ED TO THE GENERAL LAND OFFICE SURVEY OF SAID TOWNSHIP AND RANCE APPROVED BY THE UNITED STATES SURVEYOR GENERAL'S OFFICE MARCH 31. f891, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH.".EST CORNER OF SAID LOT ONE, SAID CORNER ALSO BEING THE EAST ONE-SIXTEENTH CORNER'CSECTIONS t 2 AND t 3; THENCE . S 8fr45'56" E ALONG THE NORTHERLY LINE OF SAID LOT 1 342.86 FEET, TO A POINT ON THE SOUTHERLY LINE OF THE FORMER RIGHT-OF-WAY OF THE COLORADO MIDLAND RAILROAD COMPANY; THENCE S 42'"27'42" E ALONG SAID RIGHT-OF.,... WAY LINE 482.57 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH GARMISCH STREET; THENCE S 1<r50'49" W ALONG SAID WESTERLY RIGHT-OF-"AY LINE 242.01 FEET TO THE NORTHWESTERLY CORNER OF THAT PROPERTY DESCRIBED IN SECTION 2 OF INSTRUMENT RECORDED IN BOOK 230 AT PAGE 496 OF THE PITKIN COUNTY RECORDS; THENCE . S .3fr47'01" E 87.07 FEET TO THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN SAID INSTRUMENT; THENCE S 14.50'49"W 115.00 FEET TO . THE SOUTH"ESTERLY CORNER OF L07' 3, BLOCK 11, EAMES ADDITION TO THE CITY OF ASPEN, COLORAIJO; THENCE S 75"09' 1 I" E A.LONG THE SOUTHERLY LINE OF SAID BLOCK 11 150.00 FEET TO THE SOUTHEAST CORNER OF LOT 7 OF SAID BLOCK 11; THENCE tEA VING THE SOUTHERLY LINE OF SAID BLOCK 11 S 14.50'49" ""20.50 FEET TO THE NORTHWEST CORNER OF LOT 13 OF SAlD BLOCK 11, SAlD POINT ALSO BEING THE NORTHEASTERLY CORNER OF THAT PROPERTY DESCRIBED IN BOOK 206 AT PAGE 334 OF THE PITKIN COUNTY RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID PROPERTY DESCRIBED IN BOOK 206 AT PAGE 334 THE FOLLOWING THREE COURSES: 1) N 75-09' ff" "31.25 FEET 2) S 14"50'49" " 78.00 FEET 3) S 03"55'43" " 164.99 FEET TO THE SOUTHWESTERLY CORNER OF LOT . 20, SAlD BLOCK 1 t; THENCE $14-50'49" .". ALONG THE WESTERLY LINE OF SAID BLOCK 11 210,00 FEET TO THE SOUTHWESTERLY CORNER OF SAID BLOCK 11; THENCE S 75"09'11" E ALONG THE SOUTHERLY LINE OF SAID BLOCK 11 150.00 FEET TO THE SOUTHEASTER CORNER OF SAID BLOCK 1 I, SAID CORNER ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ASPEN STREET,' THENCE LEAVING THE SOUTHERLY LINE OF SAID BLOCK 11 S 14450'49" 1Y ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID ASPEN STREET 14.67 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT I.: THENCE S 8fr51.40..W ALONG THE SOUTHERLY LINE OF SAID LOT I 804.58 FEET TO THE SOUTHWEST CORNER OF SAID LOT I, SAID CORNER ALSO BEING THE NORTHEAST ONE-SIXTEENTH CORNER OF SECTION 13; THENCE N 00"15'47" E ALONG THE "ESTERLY LINE OF SAID LOT 1 108.89 FEET TO A POINT ON LINE 1-4 OF THE LITTLE MACK LOAD CLAIM, UNITED STATES MINERAL SURVEY NO. 3956 AS PATENTED iN BOOK 175 AT PAGE 212 OF THE PITKIN COUNTY RECORDS; THENCE N 14-57'52" E ALONG. THE LINE 1-4 OF SAID LOAD CLAIM 707.96 FEET TO CORNER 114 OF SAID LOAD CLAIM; THENCE N 75"06'16" .". ALONG THE LINE 4-3 OF SAID LOAD CLAIM 185.69 FEET TO. THE WESTERLY LINE OF SAID LOT 1; THENCE LEA VING THE LINE 4-3 OF SAlD LOAD CLAIM N 00-15'47" E ALONG THE WESTERLY LINE OF SAID LOT t 476.64 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 17,695 ACRES MORE OR LESS. (970) 92s.6'7Z7 FAX (970) 934157 P.O.8ox2155 Aspen, CO 81612 November 1 a, 1998 E:<d1:i.bit ]) Mr. SUnny Vann VANN ASSOaAlES LLC 230 East Hcpklns Ave. Aspen, CO. 81611 RE: Barbee. FamIlv Procertv SybdivIsIon 1mmovemen1S Aareement. h.ft"",bucture Cost E:lti,naleS Dear Sunny: This IeUer and 8Uachments compllse a cost estimate and cost a/IccatIon schedule for public improvements at 1tle Barbee property freemarket and affordable hcuslng project on South' GarmIsch Street In Aspen. CoIoracfo. The Barbee parcel is the subject of a pending SubdIvision I PUO appUcation WIth the CIty of Aspen and thiS intonnatlon wiD be Incorpotatecl Into 1he Subdivision lmp~ Agreemem for 1he property. Introdllctlon - The Barbee property comprises lots 1 throUgh 9 of BIock.5 of the Eames AddItIon to1he 0riglnaI Aspen Townsite. lots 1 and 2 of Block 11 of the Eames Addillon as weD as a metes and bounds de$Criptlon totaIUng approximately 1-7.67 <<aes. or the tatal17.67 aaes, 10.as acres Is located in 1he CIty of Aspen and 6.84 ac:tes remelns in P"dkIn County. The property eurrentIy Includes an existing residenCe addressed at 601 South Garmlsch Street as weD as a couple of small sheds and OUltlulldings. The owner of 1he parcel has submitted an appDcatlon to the CIty of Aspen for SUbdivision and Planned Unit Development (pUO)approval to c:reata a mixed freemaIket and affordable .houslng proieCl The conceptual development program inCludes four fteemarket lots including one for the existing home as well as the cteation of1hree lots for single family resident- occupied (R.O.) CIlbdable housing units and four IQIs for two duplex category 4 cdfutdable houSIng units. Infr_b.JCll.n ReauiI~Ite. AttacI1ed are CllJ()I.JaIlr.ln sheets tegardlng 1tle public Infrastructure requiremenIs of the Barbee proposal. Included are Improvements wiIhIn 1tle public rIght-cf-way of South GannIsch Street inclUding sldewaIk. curb and gutter, lanclscaping. file affordable housing site entry, 8 possible water line replacement, pavement repair and .8 streelllght. In addlUcn to the public right-of-way lmprovemetJfs. common Improvements of a publlc nature will be required to conslrUct1he homeS withIn the affordable houslng site. I have provided 1igures forb possible replacement of an existing 6 inch diameter cast iron water main wilh an 8 Inc:h diameter ductile iron wafer line In South Gatmisch Street. One of 1he 118 west 6111. Sufte 200. Al<>nwnM <:"';""0 1'.1._"_ - .---. - November 18, 1998 Mr. Sunny Vann Page 2 approved conditions required by 1he c~ of Aspen Water Department ror 1I1e Barbee Family Subdivision I PUO prcject was that the existing, olc:let cast Iron water main be replaced from 1I1e lntersectlon of SQuth GarmIsch Street and OurantAvenue to 1heviclnlty 0I1he Affcrdable HousIng lot entry (about 90 teet). More recent conversall~with 1118 CIty stalf indicate !hat the water Dne south of Ourant may already have been replaced to approximately mid-bIcck (south of 1I1e AH entry) with a ducIlIe line but '!here appears to be some uncettaIn1y regarding exacIIy how much of the line has been replaced. As I uncIerstand the City's requ!remenIs right now, 1tIe Barbee project is to excavate or "pOthole" 1he water main In 1he vIclnily 01 the AH entry to verify whether the line is older cast Iron or newer dudile Iron. If it is the older material, the replacement would . be required down to Durant Avenue (or to where exIs1Ing c1ucllle Iron is enccuntered}. Cost ARoc:a1fo.l On pages 2 and 3 of the caIaJIatIon sheets, I have endeavcred to allocate the pubDc Improvement costs among Lots 2. 3 and 4 offhe treematket psccels and the aII'ordable housing parcsl. On page 2 you wi" see a percentage aIIoc:ation of 1he frontage dlsfances with and without the AH entry c:cnslnJetiOn. As an e...anlple, 1tIe affordable housing psn:el would not be responsible for the frontage cost of the landscaping c:cmponent where their entry Is Iocafed (schedule "B"). They wcuIcl, however, be responsible for prep work and asphalt repair In !he entJy area In a manner comparable to the other frontages (Sdleclule "A"). I have put the streeUight at the AH entry and 1I1e entsy Ilself entirely under 1he AH perceI. For 1he water line,1here Isn't as much of a frontage component yet it does Improve pubrlC Inlrastructure to '!he benefit of a/I!he Barbee lots. I have allocated the GarrnIsch water line replacement (which may or may not be needed) SO% to !he AH parcel and SO% to all!hree freemarket lots. UtiIity-related improvements specific to the development of !he AH parcel are allocated to that pclf1lon of the project South Gamdsc:tJ 1,.....~.llIdellla; Lot 3 Lot 4 . $ 6,632.00 $ 7,8S0.oo $ 7,860.00 Lot 2 AHparceI Total. South Garmlsch ROW: AH ParcelInfrasItudure: . Total public InfrasIrucIure ccst: . $ 24.485.00 $ 46,1337.00 ~16.820.00 $163,657.90 ~UlIC.lC!!Il:':l>> ~r\"'''''''''.. ..-..- -.- November 18, 1998 Mr. SUnny Vam Page 3 I hope these fiS'J"lS are helpful and sullldent fer submission to the CIty In preparing the SIA fer the Barbee Family Sutldlvislon / PUD. Feel free to ccntact me if I may provide additional information or detail. Very truly yoUJS, SCHMUESER GORDON MEYEflINC. bJ.~ :> w. Hammond, P.E. PrincIpal, Aspen 0ftic8 .lH/JII- SQiMUESER coaM,. MI=O"V~ ''''1'' SCHMUESER GORDON MEYER, INC. 1111 w. 6lh Sl. SuiIIl200 P.O. Box 2155 Glenwaad Springs. CO 81601 """"" CO 81612 (970) !l45-1004 (970) 925.67:1.7 FAX (970) 945-5948 FAX (970) 9254157 olC8 ~"t"~~ SHEEl'NC. \ c.oa.ctJU\Tl5DIl'I' ~ ~'cW Pu. n 5JA. ~'3. DAn; 1\ .\"'; . .,,, Q1eo<ED Il'I' CAlif: sc.u.E '. .~: .t.:' ...~:5J~. .~~~'t~k~.b:i~\~ .. :2.10, L~ ~~~ " ~ 4ifJ/;~:'1f6;~~;~~. : ! . : : ; ; ! ": . ; :. iI, ':':. '.:' I. : . ~ ,;..; :.;. 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II' . : ." !!:". 19~'D.\~' \I:l'5"I..~e ~':;~i='''IP(,,\~S : .. . ..' ..' ..:. . . !11:c.~.Ial ~ :~t.....~~(h '. l-.:<:.;f Z,oQO . . .. :.t/ .<;--r: \ @;~,~oo. : :l\; \,(:(:0 , . F;H A.:t.r~\o\i :\ eA ~t.\I5'CO , .' ;',:rO\f .\1.?".L..~e 41-{\..{:: .to 5""Z.s, ~ ..$ I '. .. ~.L{,~~.\ e :spP: 'J. . '6CCl . :....: .. i.13l<>4J.- '*' :kiloh..;Y\t \ ~ ~ "3.000 . , l{;~'1?~~' z.. ~ ~ '150 .$- l..,M .. . . . .' .' b~~~,~~~~ : :C-W1ri:'~'~.h:. ~~lc.. : ~F~~Ur+~ ..{,e::>f . . . . .' . ;. .: . i. . .:. : . '; . ~ . . ; ~~t ~~ll'\I\~ . ; .' ; ',' ,. ~$'.~.:5~.";~' . '. '. . . ... 1. ...1 ,~, ....... '.,," . . "'j" .. .. - --- . SCHMUESER GORDON MEYER, INC. 118 'N, 6111 St. Suite 200 P.O. SOl 2155 GlenMad Springs. CO 81601 Aspen, CO 81612 (970) 945.1004 (9701925-6721 FAX (970) 945-5948 FAX (970) 925-4157 JC8 r<;&.~\,C!.t.'. SllmllD."L C>l.CllUf,mllY ~ OF 3 CAll! 1I.\~.,g ~II'I $C.W! CAlli :j ,1:0:. ~~~...M~)~ .i,,~. AA ~;\e. .:.... :.... .... ,1i!l::.- I~ :(2.: ~..~~::.~ ,L. .~.. : : ; ; . 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J.' . . ~."5'~O .\.1,0.00 : , ' ..- . f".:!oOO .;.. .it>lq.~C: , .. , ..... ., .' . . 1'-'. ~ Z7,:c..'11.JJ ; .....,t . . , .-:. ':" ~ \ ,.. (./P'~17~ :. : I I . . . ~.. . . . -..-.. , I.... i . i ..... I . , . ..: ,.1,. .j..' . ..,. ~ ...."".. . r .. : I ! . ..: ,.. "... 'f .... ,'.. < . SCHMUESER GORDON MEYER. INC. 118 W. 6th St. Suite 2tlO P.O. lloJl2155 G_ Sprinp, CO 31601 Aspen, CO 31612 1!J7!11945-JOO4 (970) 925.6727 FAX (970) 945.594lI FAX (970) 925-4157 .Il8 :B...!" b..a SlEl'f/ll. .3 """"""11lD"'~ "".3 DATI! \1-\-'; - ')1\ Q\EClll!IlBY DATE se.u.c lm1e ~C" I CM\+; ~"W) :e...,.~ r"""....,.,+ ::r~ ~. I-c~ 1- . \. 'g \,' '\r z... 13 \,00\ 3.- - 4. A. \fi"1 $:". A I 0 'Z.-O Co,. l!) qo T. .., (fO'~O) . 2.Y!.rO 't. 4'lf 10. A\\. IL A>>- 12- A~ --ro"1'At..~ ;f. (g. UI '3 z.. Lo+:!. 1.-. e ~ A~ ..,- \'5"'5" . \$1-S"" \,S '3. \1.. \.,. I~lt t 1."5 "!. l 'i"L -& J "Z:~f, 'Z.'!l<& '-{oz.1 ~ ct, 11>1.0 1":>2...0 2 '!>.r{ 0; ..I '1$0 1'50 't~O .~ ,.J ...JJ f~o ~ Zf.o(pO ;z.!.t.o T'l1'O~ 3~,Z.IO ~. 2.3,1-(,,0 { 5't,ooo H 5, ~.s'o ~ "1,1)g0 ... '1, u,e ~ltll.~-:;- .4\ ~~r~ Gt. P,,)c\\t,. Row :r""F' ("r.~~ \~ 150) ; .. ~(,o.{f,S- . Exhi.bi.t ia 1'HESTEVENSGROUP INCORPORATED December 7, 1998 Mr. Sunny Vann 230 East Hopkins Aspen, CO 81611 RE: Barbee T '"'dscape Cost EstiUlate Dear Sunny, > Pursuant to your request I have prepared the following estimate ofJandsA:ape costs for the Barbee Family Subdivision as they pertain to the deed restricted duplex umts. As such, it does not provide a cost for landscaping either the deed restricted lots (lr the free market lots. This cost estimate is based on the Landscape Plan dated December 7, 1998 prepared by my office. Plant Material Spruce - 6 ft. to 10ft. height Aspen - 2" to 2 W' caliper Shrubs - 5 gaI1(ln Lawn Mix Native Mix TopS<liJ &. YUlish Grade Irrigation TOTAL Ouantity 26 37 45 10,000 s.f 1,500 s.t: 11,500 s.f 11 500 s,f. Unit cost $400 $150 $30 $.09 $.09 S.30 $.45 .QQJ! $10,400 SS,550 $1,350 $900 $135 $3,450 $5.175 $26,960 These costs have been generated using the 1998 Williams Ranch contract unit costs increased slightly for 2 years (lfjnfhWon anticipating a construdion schedule offall 2000. If you have any questions or require any additional information please contact me. Sincerely, &~~ 580 MA1N STREET SUITE 220 CARBONDALE, CO 81623 (p) 970.963.6717 (f) 970.963.6707 MEMQRANDUM {.") 4-. - 'TJ-9- 1> ~ IC: .1.1, '..I c.... 11//7:.\ <-f2Cf~ L Q{J~ . 77~ ~~? TQ: Julie Ann Woods, Community Development Director FRQM: Nick Lelack, Planner RE: Barbee Family Subdivision/PUD Insubstantial Amendment DATE: November 19,1999 SUMMARY: On behalf of S&S Development, LLC, Sunny Vann of Vann Associates, LLC, has applied for an Insubstantial Amendment to the Subdivision/PUD Agreement ("Agreement") for the Barbee Family Subdivision/PUD. Five amendments are requested: 1. Amend Article II, paragraph 1.(i) of the Agreement to increase the floor area of the Category 4 duplex units located on Lots 8, 9, 10, and 11 from 1,400 square feet plus a 500 square foot basement to 1,550 square feet exclusive of the basement. 2. Amend Article II, paragraph l,(i) of the Agreement to allow the submission of alternative architectural plans to the schematic architectural plans approved in connection with the final subdivisionlPUD application. The alternative plans will be subject to Community Development review and approval. 4. Amend Article II, paragraph 6,(a) ofthe Agreement to allow the applicant to develop an air quality mitigation plan with the Environmental Health staff after final recordation of the final Subdivision/PUD Agreement and plat instead of before final recordation. No building permits will be issued for the project until the air quality mitigation plan is approved by the Environmental Health staff and Community Development Director. 3. Amend Article II, paragraph L( 0) ofthe Agreement to allow the applicant to apply for an<t obtain building permits for the free market units prior to the issuance of!- Certificates of Occupancy for each of the Category 4 units, f)~ However, the applicant shall not receive e 1 lcate of Occupan ~ for the free I. market units until after a Certificate of Occupancy as een issued for each of the ~. four Category 4 units, Currently, the applicant cannot construct the free market '."" -.. "' units until after all the Category 4 units are issued a Certificate of Occupancy, -'l..:o ~~ S. Amend Article II, paragraph l,(e) of the Agreement to allow "off-street" parking /.. as an allowed use outside the designated building envelopes. This issue was not ~~ addressed in the conditions of approval for the final subdivision/PUD. if! . ~\ 1 ~V J If approved, these amendments will be incorporated into the SubdivisionIPUD Agreement prior to final recordation on November 24, 1999. Community Development staff recommends approval of the requested Insubstantial Amendment to the Subdivision/PUD Agreement for the Barbee Family Subdivision/PUD, with conditions. APPLICANT: S&S Development, LLC represented by Sunny Vann of Vann Associates, LLC. LQCATIQN: ~o~'"'"' Lots 1 and 2 of Block 11 and Lots 1-9 of Block 5, City and ::> of Aspen, plus additional metes and bounds, Parcel No. 2735-131- 00-100 ZQNING: AHl/PUD, R-1S/PUD and Conservation BACKGRQUND: The Barbee Family SubdivisionIPUD was approved by City Council Ordinance Number 11, Series of 1999. The SubdivisionlPUD Agreement and Final Plat, Deed of Conservation Easement, and Trail Easement Agreement will be recorded on November 24,1999 with the requested changes in this Insubstantial Amendment. REVIEW CRITERIA & STAFF FINDINGS 1. Section 26.480.080(A), Amendment to Subdivision Development Order In order for this proposal to qualifY as an Insubstantial Amendment, the request must comply with Section 26.480.080(A), Amendment to Subdivision Development Order, which reads as follows: A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. Staff Finding Community Development Director finds that the proposal qualifies as an Insubstantial Amendment because it is limited to technical considerations which could not reasonably be anticipated during the approval process. Staff also believes that the five (5) minor 2 changes contained in the amendment do not effect the conttitions and representations limiting the approved plat. Staff fInds that increasing the size of the Category 4 duplex units on Lots 8, 9, 10, and 11 by 150 square feet each to 1,550 square feet will provide higher quality affordable housing units, which has been a goal of the Barbee family throughout the review and approval process. The Community Development Director also supports the request to allow the property's potential new owner, S&S Development, to submit alternative plans for the Category 4 units subject to the Community Development Director's approval and that they meet the City's Residential Design Standards. Staff recognizes that the new owner's architectural design preferences may vary from the Barbee family's preferences and, therefore, should ,....;-<. . have the opportunity to submit alternative plans. J'" Th, 'ppli''''' '"" _d m, ",,"ty to _ tlre ire< _lret wriU ill tlre _ tim' :.it, the affordable housing units are constructed on the condition that 88 CertiHsate 8f <Ii( pi-.f ~ . ..{)""Ul'atL~, ae iSSlolilQ fl?r tl.J~ :f:t;P~ ~orh>ts units until a CertifIcate of Occupancy is issued tv" .I1"~ . for each of the affordable housing units. Staff finds this to be a reasonable request ~"~~ because the City continues to gain assurance that the affor~le housing units will be. \:' ~c:.:. available for occupancy before the free market units ,C,,~;..(, u ~~~Ifffi:~'Ml!!Ill! ~ll'ij'. , ~ In addition, constructing the free market and affordable housing units concurrently will ~ ~ shorten the time it takes to build the units, which should reduce the construction impact ~ . on the neighborhood. /' The applicant states that the changing ownership of the property from the Barbee family to S&S Development necessitates the development of an air quality mitigation plan by the Environmental Health staff after, rather than before, recordation of the fInal plat. Staff supports this request because, in this case, the new property owner and developer should develop an air quality mitigation plan that will appropriately address their construction practices. Further, the timeliness of the changing ownership and recordation deadlines makes developing the plan prior to the recordation a challenge for all parties involved. Staff supports this request on the condition that the plan be developed with and approved by the Environmental Health staff prior to applying for building permits. The Community Development Director fInds that the final request to add "Off-Street Parking" as a use allowed outside of the designated building envelopes is acceptable as long as it is within the designated setbacks, 2. Section 26.445.100(A), Amendment ofPUD Order In order for this proposal to qualify as a PUD Insubstantial Amendment, the request must comply with Section 26.445.1 OO(A), PUD Insubstantial Amendments, which reads as follows: 3 A. PUD Insubstantial Amendments An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development, 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. 3, Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities, 4. A reduction by greater than three (3) percent of the approved open space. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. 8. An increase by greater than one (1) percent in the approved residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding None of the five (5) requests included in the proposed Insubstantial Amendment will achieve any of these nine (9) outcomes. Therefore, this proposal meets the PUD Insubstantial Amendments criteria. RECQMMENDATION: Staff recommends approval of the Barbee Family Subdivision/PUD Insubstantial Amendment with the following conditions: 1. The Community Development Director shall approve, approve with conditions, or deny alternative architectural plans submitted for the four Category 4 units, The alternative plans shall meet the City of Aspen's Residential Design Standards. ~~ &.-,J.-..*'-, s.1 J. - 4W. 2. No 8$.tiMUtl ~"r\^^"F"-7 for the free market units will bejliQlIBlI-until a Certificate of Occupancy has been issued for each of the four Category 4 units, 3. Prior to submitting building permits, the applicant shall develop an air quality mitigation plan with the City of Aspen's Environmental Health staff and receive approval from the Community Development Department. No building permits will be issued until the required mitigation plan is approved. 4. All material representations made by the applicant in this application shall be adhered to and shall be considered conditions of approval, unless otherwise amended by the 4 APPRQVED BY: Community Development Director, the City Engineer, or a Board/Commission having authority to do so. ~ .4 5. All off-street parkin" located within the designated setbacks for each propert~)' /'0... . O..::tl,'~ <If ~~. . EXHIBITS: Exhibit A - Application Packet I (~ ~ ~ ""~ ./ 6. '-c ...,. Julie Ann Woods Community Development Director 5 BARBEE CQNSERV A TIQN EASEMENT COMMENTS What exactly is the City's role and responsibilities in the conservation easement? Is it just the trail easement area and not any of the rest of the conservation area? The trail easement in the agreement is not in an alignment with our proposed "Shadow Mountain" trail. It is too high. Our proposed Shadow Mountain trail is lower and would occupy more of the conservation easement. See attached map. The Barbee family has to approve any trail relocation. Do we want that? What happens if they say no to trail relocation? We probably will not want a trail in the trail easement described in this document, as it does not connect to the proposed Shadow Mountain trail. Can we change the trail easement language to allow for a trail easement more in alignment with the future Shadow Mountain trail? It could be an approximate trail location that would be recorded with an "as built" survey of the trail after its construction VANN ASSOCIATES, LLC Planning Consultants November 11, 1999 Ms. Julie Ann Woods Community Development Department 130 South Galena Street Aspen, Co 81611 Re: Barbee Family PUD/Subdivision Dear Julie Ann: Enclosed for the your review and comment are the final versions of the Barbee Subdivi. sionlPUD Agreement and Deed of Conservation Easement. As the attached memoran. dum from Art Daily indicates, the Conservation Easement has been further revised to accommodate various requirements of the Aspen Valley Land Trust and the Barbee family. All changes from the September 16, 1999 version which I delivered to you under my September 20 cover letter have been highlighted for your convenience, The enclosed SubdivisionlPUD Agreement differs from the version delivered to you on September 20 in that it includes both the revisions requested in the Barbees' insubstantial PUD amendment application and the Engineering Department's request that a stop sign be installed at the time of construction as opposed to some later date, The Trail Easement which I also delivered on September 20 remains unchanged. I would appreci. ate it if you would forward the enclosed documents to the City Attorney's office for final review and comment. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, c:\buslcityJtrlltr34097.jw6 230 East Hopkins Ave. . Aspen, Colorado 81611 . 970/925.6958 . Fax 970/920-9310 __ __ '~;1d FROM;HOLLAND&HART 10,9709259367 PAGE 2/2 .M HOLLAi"ID & HARJu.? ATTORN&:YS AT L~ W OS'lVSl- """"" eO..Il..~eR .. COl:OAACO ~fNCS oe.'IIV~ ~:&Im eal.l~" 80leE cn€'tSNNE. ..!AO<SON l-!Cf.,.E SALi LAMi cnv &Xl ~MAINS1'Rsr AS;:C.Jt cotOAACO '101 t.19S3 'T'S:...aPHCf'oE{J1C)~~ 'ACSIMIU!A~ ARTIllJR. C. D.-W.. Y ~ MEMORANDUM NOVE?>'J:BER 10, 1999 TO: Sunny Vann (hand delivered) FROlVt Art Daily RE: Barbee Family Subdivision/P'CTD . Deed of Conservation Easement Reid Haughey has advised me that Aspen Valley Land TruSt is satisfied with the latest version of the Deed ofConserv-ation Easement (draft dated November 5, 1999), and is prepared to sign it prior to recordation of the various subdivision documents_ I'm enc1oS:Jlg for transmittal to the City a copy of said final version of the Conservation Easement, with all changes from the September 16, 1999 draft highlighted for ease of reference. Please c3l! me if allY questions arise. cc: Hallie Rugheimer (via fa:'C to 406-587-5349) 101m Barbee (via fa:'!: to 928-0173) Mary Barbee, 2019 Newton Street, Cody, Wyoming 82414 Sunny Vann (via fa:( to 920-9310) ... HOLLAND & HARTLLP ATTORNEYS AT LAW DENVER' ASPEN BOULDER. COLORADO SPRINGS DENVER TECH CENTER 81~LINGS" sorSE CHEYENNE' JACKSON HOlE SALT LAKE CrTY 500 EAST MAIN STReET ASPEN, COLORADO 81611.1953 TELEPHONE (970) 925-3476 FACSIMILE (970) 9:25.9367 ARTHUR C. DAlLY adaily@hallattdl1art.com MEMORANDUM NOVEMBER 10,1999 :':.,. TO: Sunny Vann (hand delivered) FROM: Art Daily RE: Barbee Family SubdivisionIPUD - Deed of Conservation Easement Reid Haughey has advised me that Aspen Valley Land Trust is satisfied with the latest version of the Deed of Conservation Easement (draft dated November 5, 1999), and is prepared to sign it prior to recordation of the various subdivision documents. r m enclosing for transmittal to the City a copy of said final version of the Conservation Easement, with all changes from the September 16, 1999 draft highlighted for ease of reference. Please call me if any questions arise. cc: Hallie Rugheimer (via fax to 406-587-5349) John Barbee (via fax to 928-0173) Mary Barbee, 2019 Newton Street, Cody, Wyoming 82414 Sunny Vann (via fax to 920-9310) VANN ASSOCIATES, LLC Planning Consultants September 20, 1999 HAND DELIVERED Ms, Julie Ann Woods Community Development Department 130 South Galena Street Aspen, Co 81611 Re: Barbee Family PUD/Subdivision Dear Julie Ann: Enclosed for the your review and comment are revised copies of the Barbee Subdivi- sion/PUD Agreement and Deed of Conservation Easement. Please note that all changes to the original documents which were submitted with the Barbee's final PUD/subdivision application have been highlighted for your convenience, The majority of the changes to the PUD/Subdivision Agreement are required to address the various approval conditions contained in City Council Ordinance No. 11-99, The revisions to the Deed of Conservation Easement are required to accommodate the fact that members of the Barbee family, rather than the City as originally contemplat- ed, will be the fee owners of the Conservation Parcel. I have also enclosed a Trail Easement Agreement which grants a perpetual, non- exclusive easement to the City for the use of the public over the existing trail alignment that traverses a corner of the Conservation Parcel. This new document was required by the City Attorney when he declined, on behalf of the City, to accept fee title to the parcel. Please note that a legal description of the trail's centerline will be attached to the easement agreement. The description is presently being prepared and will be provided prior to recordation. Accompanying these documents are copies of an improvement survey of the property, the project's final plat, a PUD development plan for the project's affordable housing component, a Garmisch Street plan and profile, a master utility plan, a grading and drainage plan, and a landscape plan for the AH units. The various plans will be recorded concurrent with the final plat and the documents discussed above, I would appreciate it if you would refer the documents and plans to the Engineering Department and to the City Attorney for final review so that any required revisions can be made well in advance of our recordation deadline, 230 East Hopkins Ave. . Aspen. Colorado 81611 . 970/925-6958 . Fax 970/920-9310 Ms. Julie Ann Woods September 20, 1999 Page 2 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, ,AICP cc: Hallie Rugheimer Arthur C. Daily, Esq. c:lbuslcity.Jtrlltr34097.jw5 ~"T_"-"" .,." FROM , HOLLANO&HART 10,9709259367 PAGE 1/4 HOLLAND & HARTLLP ArrORNEYS AT LAW 600 E. MA!N'STREET, SUITE 104, AsPEN, CO 81611-1991 (970) 925-3476 Facsimile October 14_ 1999 Facsimile CC: Hallie Rugheimer (406-587-5349) John Barbee (928-0173) Sunny Vann (920-9310) You should receive 4 pages(s), including this cover sheet. If you do not receive all of the pages, please call (970) 925-3476. X Original will not follow. Original will follow by: Regular Mail Federal Express Certified Mail Messenger Confidentiality Notice: This facsimile may contain confidential infonnation protected by the attomey-client privilege. It is intended for the named recipient only. If yon are not the named recipient, you may not use. distribute or otherwise diselose this infonnation without our consent. ~d.. plea.se .;all (970) 925-3476; we will anange for its destruction or return. Attorney Number 0860 Operator Initials ClientlMatter Number Date Transmitted Time Deadline Time OCT-14-99 15,47 FROM,HOLLAND&HART 1D,9709259367 PAGE 2/4 HOLLAND & HART LU' ATIORNEYS AT LAW DENVER M ASPEN 8OULDER. CO!.,ORAOO ~NG:G DENVeR 1'ECH Ce;N.TSR SltUNGS. eol$5 ~. JACJ<SQN HOLE $Al.Tl.A.Ke'CITY eoo EAST MAIN STRe;t" ASPEN, COLORADO 1311311-1953 'TGL.SPHONS ($'70) 9'2:5-5476 F=ACStl\llJlE (970) 82509367 ARTHUR C. DAlLY adaiJy@hoUandhalt.com MEMORANDUM OCTOBER 14, 1999 TO: John Worcester, Esq., Aspen City Attorney (via fax to 920-5119) FROM: Art Daily RE: Barbee Trail Easement With reference to the Trail Easement Agteement that you are presently reviewing in connection with the finalizing of the Barbee Family SubdivisionfPUD, I'm enclosing for your . infonnation the metes and bounds centerline description of the existing trail alignment for attachment to the Trail Easement Agreement as Exhibit A (Sheets I and Z). Please let me know if you have any questions. cc: Hallie Rugheimer (w/copies) (via fax to 406-587-5349) John Barbee (w/copy) (via fax to 928-0173) Mary Barbee (w/copy), 2019 Newton Street, Cody, Wyoming 82414 Sunny Vann (wlcopy) (via fax to 920-9310) u~T-14-9S 15=47 FROM:HOLLAND&HART 10,8708258367 PAGE 3/4 EXHIBIT A (Sheet 1) .", PEDES'rRIAlt TRAIt. lASEMBNT DESCRIPTION A 10 Fobor WIDE P:E:OZSftIAN EAsEMENT SlING SITlJA'rBD IN A PART OF LOT 1 OF '1'BE NOltTH:&AST ONE-OOAR1'ER OF THE NOR.'I'SEAST ONE-Qt1AR~ER OF SECTION 13, TOWNSHIP 10 SOU'.l'l!, RANGE 85 WEST,. OF THE SIXTH PRINCIPAL ~I!)IAN. 'r1l! CEN'nRLINE OF SAID EASEMENT BEING SITUAtE!) ON AN EKISTrNG TQAI~, MORE OR LESS AND IS MORE PAk'rICOLAlU.Y DESCRIBED AS FOLLOWS: COMMENCING AT TO SOUTBWEST CORNER OF SAID LOT 1, SAID CORNEa ALSO stING '1'BE NOR'rUAS'l' ONE-SIlt"l:EEftB COIlNER or SECTION U; TSUCE N OOolS'47ft E ALONG THE WESTE~Y Lrmt'OF SAID LOT 1 108.89 FEET TO A POINT ON t:r:w 1-4 OF THE LITTLE MACK LOAD CLAIM, tJNInD STATES MINERAI. SOR.VEY NO. 3956 AS PAUi'W~SD IN BOOK 175 ]>a PAGE 212 OF TBE PI'l'KIN COONn 1U:COWS; TlmllfC!: N 14"57'S2" E At..ONG THE r.nm 1-4 Of' SAID LOAD . CLAIM 65.62 FEET, '1'U TRUE POIN't OF BEGlNNING; 'l'BE'NCE LEAVING LINE 1-4 OF SAID LOAD S 39.31'10- E 73.21 ~2T; THENCE S 47"01'09" E 39.90 FaT; TliRNCi! S 29"49'56~ E 38_12 FEET; Tl!ENCE S O..OO'16w W 54.84 FEET, TO A POINT ON THE Sou~~Y LINE OF SAID LOT. 1, l'JiE 'l'ERM!NtlS, nOM ll8'ICH THE SOO'rEWES'1' CORNER OF SAID LOT ~ ~s S 89"51'40" 'Ii' 108.68' FEST: SAID . PEDESTRIAN TRAIL EASE!4$N'l: CONTAINING 4, 134 SQUARE FEET, MORE OR LESS. EASEMINT DESCRIPTION PREP1\lU:O BY! SOPRIS EIIGINEERnTG, LLC MARK s! SE~, L.S. +28643 c:,~~ Z_""_ Met" - -C;,~." '20,S; ..J:Iot"!CJ)> ~ ;::..,t.'" . Q ",,,,. .... Q ...J!~R- ~...: ~;;;g "" (JI "'... ~u -- --=--. 6:5.'~"!:.# /""'-- "" ..... .~ /O/l" '" "'-'--..:!.!~S'.e" ~ / ~ --! '-"\ ~ <..; /' \ ~- .~--./". ~~ '< ~ '" ...., lQ s:! ~~ t1, ~ ....~ -'l> :t-~!'O~ ".; Cll ~ ~,~ "":.~ ~~~ < "1 UCT~14-99 15,47 FROM,HOLLANO&HART 10,9709259367 EXHIBIT A (Sheet 2) ~g2~ :==::-1%% "'....OM O~....;;O - :- ~lfix~ 8~",,'" <1> t- . ~~ l'"'}Z!'" lh-ug8: '!! '" :!: ""' ~~~VJ .,O"'=< lil",-8 >c,~;;a :;u ,.,. . r- r-1I:<IlO c.nc:R~ . l: - ~. '~ CDC'l~ ...~ ... '" ! i , j I trJl 0.1 Co' ,I 011 ....' -( ",. Q' =j ::i;!; I " 0. Q .,.. ~ ga -0<= . Z roe> in", '" C') ~,;: .... . ~ ~ ...(",~ t:~:,<;: "''''lb: ~(;;~ <>.. -.:; !l.... E?: ..' "" {,)?::- ~ ~ ~ ...."" PAGE 4/4 J~ , .1'" , " MEMORANDUM To: Nick Lelac, Planner From: Chuck Roth, Project Engineer C::12- Date: November 8, 1999 Re: Barbee Family Subdivision & Planned Unit Development Final Plat General- (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible, The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaintS' related to approvals tied to "issuance of building pennit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. 1. There should be a cover sheet with the plat title and an index. The sheet showing the survey with the approved lot configurations is generally used as the cover sheet. The improvement surveys should be the fmal pages in the PUD plat and be itemized in the plat index. 2. PUD Plat a. Label Gannisch Street. b. Indicate zone district. 3. The City Council Approval certificate needs the following language added: The easements and public rights-of-way that are dedicated herein are hereby accepted. 4. Add an approval certificate for the Planning & Zoning Commission. Add an approval certificate for the Parks Director with language accepting the landscape plan. S. Specifically show and label those portions of Lot 12 that are intended for utility easement, presumably not underneath the planned covered parking. 6. The plat needs to include approval certificates for the PUD utilities plan for each of the public utilities. The approval statement needs to include approvals of utility easements as granted. 1 ~ , J .. 7. The architectural plans and elevations are missing. 8, The engineer's "Garmisch St. Plan & Profile" needs to indicate a stop sign at the access entry to Garmsich Street. 9. The access width to Lots 6, 7 & 8 does not meet City Code requirements. Code requires 20' width. The plat only shows a 12' driveable surface with 2' shoulders. 10. The application stated that a 20' easement would be granted for the water line, however only 16' is shown. Also, the water line is shown off-center in the easement. It must be in the center. 11. The plat needs to indicate a 10' wide reservation for right-of-way to be conveyed to the City at such time as the existing house on Lot 1 is re-constructed. 12. The plat needs to indicate for whom the parking on Lot 12 is reserved. 13, The surveyor's certificate needs to state the date of the survey, the date of the title commitment, that the survey closes within a limit of 1:10,000, and that the survey was performed in accordance with COR.S. 1973, Title 38, Article 51, as amended from time to time. 14. The site development plans need to be stamped in the comer "Not Approved for Construction" in large letters, with a note beneath stating: Approved for PUD planning purposes, not approved for construction, . 99M162 2 VANN ASSOCIATES, LLC Planning Consultants November 11, 1999 Ms. Julie Ann Woods Community Development Department 130 South Galena Street Aspen, Co 81611 Re: Barbee Family PUD/Subdivision Dear Julie Ann: Enclosed for the your review and comment are the final versions of the Barbee Subdivi- sion/pUD Agreement and Deed of Conservation Easement, As the attached memoran- dum from Art Daily indicates, the Conservation Easement has been further revised to accommodate various requirements of the Aspen Valley Land Trust and the Barbee family. All changes from the September 16, 1999 version which I delivered to you under my September 20 cover letter have been highlighted for your convenience, The enclosed Subdivision/PUD Agreement differs from the version delivered to you on September 20 in that it includes both the revisions requested in the Barbees' insubstantial PUD amendment application and the Engineering Department's request that a stop sign be installed at the time of construction as opposed to some later date, The Trail Easement which I also delivered on September 20 remains unchanged. I would appreci- ate it if you would forward the enclosed documents to the City Attorney's office for final review and comment. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, S Enclosures c:lbuslcity.ltr\Jtr34097.jw6 230 East Hopkins Ave. . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310