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HomeMy WebLinkAboutLand Use Case.1400 Vine St.A009-99 .'"-..'-.._"__.-_._".>-1__ '. /' ... 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 . . , A009-99 2737-073-66889 Hunter Creek Commons Insubstantial Amendment 1400 Vine Street Julie Ann Woods Insubstantial Amendment Hunter Creek Commons Dave Mueller/Oates, Knezevich... withdrawn 12/20/04 D Driscoll _,....~"".~ ._._."'~_h,".~._...l--~"_~'~M<_~'~"_ ' / Analysis of Approval Requirements and Restrictions Hunter Creek Parcel Southeast of Lone Pine Road Prepared for City of Aspen Parks Department 15 May 1999 Methodology The Hunter Creek Condominium project began in the early 1970's as the Silver King Condominiums. It was annexed into the City of Aspen on 23 January 1989 with rezoning completed by Ordinance 26, Series of 1989, executed on 14 June 1989. Because of the jurisdictions involved, research was done at the Pitkin County Clerk's Office for filed plats and approval documents, at the Aspen City Clerk's office for ordinances and resolutions relating to the property, and at the AspenlPitkin Community Development Department office for records relating to both original county approvals and more recent city approvals. The County Clerk's office contains many filings with respect to revisions of the condominium documents over the years. A selective review ofthese documents was performed when it appeared that the documents were relevant to the question ofthe status of the parcel south of Lone Pine Road. While the review was extensive, the documents are quite numerous and it is possible that some provision relating to this parcel may have been overlooked. Nonetheless, it is believed that the nature of any development encumbrances on this parcel are adequately covered by this report. Key Documents The following documents were found to be of key significance in establishing the conditions and intent applicable to the subject parcel: 1. An 1973 draft agreement between Top of Aspen, Inc. as developer of the parcel and the Board of County Commissioners for rezoning of the parcel for condominium development. In exchange for the proposed rezoning of the entire property to AR-2, the developer agrees to a number of conditions including the following provision identified in Paragraph 2(e): (e) To designate as open space those portions of the rezoned area which will be shown in the general development plan as areas excluded from the condominium complex and the directly related recreation areas. [Attached as Exhibit A. Source: Pitkin County Community Development files] Analysis of Approval Requ~nts and Restrictions Hunter Creek Parcel Southeast of Lone Pine Road Prepared for City of Aspen Parks Department 15 May 1999 .' Page 2 2. A filed plan titled "Access Easement Map Silver King Apartments," dated 9 August 1973, showing the access easements for roadways within the project and providing an easement for Lone Pine Road. The subject parcel is shown as being within the "Phases 1 and II Boundary." No specific restrictions are shown for the subject parcel. [Attached as Exhibit B. Source: County Clerks Office Filings] 3. An April 1974 draft Pitkin County Planning and Zoning Commission Resolution, Top of Aspen, Silver king Parking Lot Development containing conditions for the landscaping and development of the parking areas. The relevant condition is found in Condition #3: Vehicle parking shall be terminated in the area south west across Lone Pine Road from Phase II buildings, and the area shall be landscaped according to a plan submitted and approved by the Planning and Zoning Commission. No record was found ofthe filing of this document. [Attached as Exhibit C. Source: Pitkin County Community Development files] 4. A plan entitled "Exemption Map: Aspen Valley Hospital Property... with Proposed New Parking for Silver King Apartments," dated 22 April 1974. The plan has a notation in red for the subject property: "Area to be blocked off to cars, covered with 4 to 6 inches topsoil and seeded to grass. Existing trees to remain undisturbed." No record was found ofthe filing ofthis document. [Attached as Exhibit D. Source: Pitkin County Community Development files] 5. Documents filed on 7 November 1983 providing a grant of easement from Silverking Investments, Ltd. To Pitkin County for the purpose of establishing a bus stop within the subject property. Neither the filed easement grant nor the accompanying filed plan show any further restrictions with respect to the subject property. . Analysis of Approval Requl....ents and Restrictions Hunter Creek Parcel Southeast of Lone Pine Road Prepared for City of Aspen Parks Department 15 May 1999 , , Page 3 [Plan attached as Exhibit E; Easement Grant attached as Exhibit F. Sources: Pitkin County Clerks Office filings] 6. Additionally, I reviewed the annexation ordinance and rezoning ordinances of 1989, available at the City Clerk's office. These documents provide for the annexation of the entire Hunter Creek parcel, along with other parcels, into the City of Aspen. The subsequent ordinance provides for the rezoning of the Hunter Creek parcel to the RMF / A zone district. Neither document makes any reference to open space restrictions for the subject parcel. Current Request for an Amendment to the Bus Stop Easement On 14 January 1999, an application was filed by the Hunter Creek Commons Corporation to vacate the existing bus easement and provide a relocated easement. The application was filed as an "Insubstantial PUD Amendment." This amendment could be approved by the Community Development Director if it is determined that there are no significant land use impacts resulting from the change. No specific reason is given for proposing the amendment by the applicant. It is apparent, however, that the revised easement would create a larger contiguous parcel within the subject area. Dimensional information is not provided with the application, but the proposed contiguous area would contain approximately IS,OOO s.f. ofland. The land use code provides a minimum lot size of 6,000 s.f. for a detached residential dwelling in this zone district. Permission for additional development on this site would require an amendment to the Hunter Creek Development Plan reviewed by both the Planning & Zoning Commission and City Council. Development would also require GMQS allocations or exemptions. A referral letter from Michael J. Davis, RFT A Director of Planning, opposes the revised bus stop easement, citing the need for more space than that provided by the revised easement. A draft memorandum from the City Engineering Department recommends that the application be returned "since it does not adequately depict the site and does not demonstrate a reasonable plan of how this new easement would maintain/improve the bus stop facility." As of this date, no determination has been made by the Community Development Director with respect to this application. The application is attached as Exhibit G. Conclusion Evidence was found that it was the intention of the Board of County Commissioners and the County Planning & Zoning Commission that the parcel southeast of Lone Pine Road should be landscaped with the retention of existing trees and the prohibition of parking. Subsequently, the , Analysis of Approval Reqn~_nts and Restrictions Hunter Creek Parcel Southeast of Lone Pine Road Prepared for City of Aspen Parks Department 15 May 1999 Page 4 easement was established for a bus stop. No evidence was found suggesting that these boards contemplated any eventual development for this parcel. It was intended to be available as open space and as a bus stop facility. However, it should also be noted that no documents were found which specifically prohibited any application for further development of this parcel nor were any documents found which rezoned the parcel as Open Space or for any other public use. On balance, it is believed that the subject parcel is not restricted to open space by any specific zoning activity or by conditions memorialized in plat notes. However, other approval activities clearly contemplate that this parcel was not intended to be developed and was intended to remain as landscaped open space, with the exception offacilities relating to the bus stop easement. It is unlikely that additional approvals would be granted for development on the subject parcel. .r-"" ~... I' ....... J R RING FORK TRANSIT AGENCY ASPEN, COLORADO February 15,1999 Mitch Haas Community Development Department 130 South Galena Street Aspen, Colorado 81611 Dear Mr. Haas: Thank you for the opportunity to review the Hunter Creek Condos insubstantial PUD amendment to change a recorded easement. The Roaring Fork Transit Agency (RFTA) opposes the revised bus stop easement. The revision does not allow RFTA to build a bus pull-out, construct adequate passenger amenities, and meet American with Disabilities Act (ADA) requirements. A bus pull-out is planned at this location because there is not enough room on the roadway shoulder for a bus to pull clear of the travel lane to load or unload passengers safely. This situation will be complicated when a new reverse Hunter Creek route is implemented. With this new route, traffic could be stopped in both directions at the same time at this location. The reverse Hunter Creek route is currently planned and funded but is not running because of the shortage of drivers. I have attached bus pull-out criteria, for your information, which would be slightly modified at this location to fit the appropriate characteristics of the service and the site. If you have any questions, please give me a call. Sincerely, ~ 51 Service Center Drive Aspen, Colorado 81611 . Tel: 970.920'1905 Fax: 970'920-2864 r..... ......... 3.5 BUS TURNOUT CRITERIA "....., .> A properly designed bus turnout will provide safe efficient operation. However, poorly designed bus turnouts will cause delays to traffic along with unsafe, and inconvenient loading conditions for bus patrons. A bus should be able to leave and re-enter traffic at a rate that is comfortable for the passengers. The bus must be able to pull parallel to the curb and not infringe on the area required for passing auto traffic. Each turnout location should be designed using engineering judgement based upon a review ofroadway geometry and traffic flow. As in the case with a bus stop location's, there is no universal rule that can be applied in locating bus turnouts. A field site review should bemade of each potential turnout location. Turnouts should be located where there will be frequent breaks in the traffic flow to allow the bus to re-enter safely and promptly. Turnouts should only be considered in areas where there is no existing on street parking, and there is not enough room on the roadway shoulder for a bus to pull clear of the travel lane to load or unload passengers safely. r:"o'~.~=' r-"o'~ ~.s::".""..-=~~ ~_________________1€S2~l~~U~_~~~__~________ LOCAL STREET 1 TO 20 ltPH (10' TURNOUT LANE) F: 3BO' :l 1BO' ~ BO' r- '''' ~;,\~~rl-':L __________________l~sQ~~~~_~~~~__~________ MINOR ARTERIAL 20 TO 30 MPH (10' TURNOUT LANE) F: <<0' :l 180' ~. r- 180' __________~~~~~~TI~"~~_~---------- MAJOR ARTERIAL 30 TO 40 MPH (12' TURNOUT LA.~E) BUS TURNOUT DIMENSIONS SCALE: NoT .S. 29 I I I I I I I I J 1 I I I I J , 1 I I .".~._-_...._..._.--._-- - ,- """""*' ......."". LAW OFFICES OF OATES, KNEZEVICH & GARDENSWARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN, COLORADO 81611 LEONARD M. OATES RICHARD A. KNEZEVICH TED D. GARDEN SWARTZ DAVID B. KELLY TELEPHONE (970) 920-1700 FACSIMILE (970) 920-1 121 e-mailohkg@rof.net February 1, 1999 DAVID 8. MUELLER OF COUNSEL JOHN THOMAS KELLY Ms. Sarah Oates Aspen Community Development Department 130 South Galena St. Aspen, CO 81611-1975 Re: Hunter Creek Commons Corporation; Proposed Insubstantial PUD Amendment Dear Sarah: Enclosed please find the Application Package ("Packet") for Hunter Creek Commons' Condominiums proposed Insubstantial PUD Amendment in accordance with Aspen Land Use Regulations Title 26.84.080. A Pre-Application Conference was held March 17,1998 with Chris Bendon, at which time the Project was deemed "Insubstantial," planning fees estimated, and the planning fees deposit set at $560.00. This Packet contains Items numbered I through 10 as referenced to the Pre-Application Conference, and in compliance with Title 26.52.030-Application and Fee requirements-and pursuant to all required attachments on the "Land Use Application." Accordingly please find enclosed: a. Pre-Application Conference Summary (Copy) b. Land Use Application 1. Proof of Ownership (see Stewart Title 0 & E dated 12/31/98) 2. Signed Fee Agreement 3. Applicant Letter Designating Authorized Representative 4. Legal Description 5. Deposit ($560.00) 6. Additional copies of Application Packet 7. & 8. Existing Plat Showing Current RFTA Easement & Proposed RFTA Easement ".-- OATES, KNEZEVICH & G-,(RDENSWARTZ, P.C. ",,"-,,01. Ms. Sarah Oates February I, 1999 Page 2 9. Specific Review Requirements per Land Use Application a. Attachment 3, Minimum Submission Contents b. Attachment 4, Specific Submission Contents c. Attachment 5, Review Standards 10. Written Description of Proposal and Compliance Additionally, four (4) copies of all pertinent documents for committee review. If you have any questions concerning this Application, please contact me. Sincerely, OATES, KNEZEVICH & GARDENSWARTZ, P.c. By O~~.h{)~ David B. Mueller, Esq. DBMlsae Enc. \\R~lraks\David\HunterCreekI2684080Itr.wpd 113/27/98 15:34 2i: 9709204936 HUNTER CREEK PRO P.02 ,..,.,. - , " '" CITY OF ASPEN PRE.APPLlCA TION CONFERENCE SUMMARY PROJECT: REPRESENT A Tl'~: OWNER: TYPE OF APPLICATlON: DESCRIPTION: . ChrisBendon,920.S0n DATE: 3.17.98 ~PUDAmendment Temple Glazier . Pitki"Cellnty_~ ~ ~~ o Step -- Staff Review \ Insubstanti~1 PUD amendment to change a record~~asement PLANNER: land Use Code Sectlon(s) .26.84.080 PUD Amendments Review by: Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: Staff, DRC (referral agencies) No. If substantial amendments are requested, then public hearings would be required. Engineering. ~ Planning Deposit' (t450) Engineering minor fee $1 10 $560 (additional hours are billed at a rate of$180/hour) . - To apply, submit the following Information: I. Proof of ownership. 2. Signed fee agreement. 3. Applicali,~'name, address and telephone number in a letter signed by the applicant which state~the name, address and telephone number of the representative authorized to act on behalf ofthc applicant( 4. Street address and legal description of the parcel on which development is proposed to occur, consistiflg ofa current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. S. Total deposit for review of the application 6. 4_ Copies of the complete application packet and maps. HPC = 12; PZ ~ 10; GMC = PZ+S; CC = 7; Referral Agencies = Ilea.; Planning 8taff= 2 7. Existil8Plat showing current easement. It. Draft plat as proposed showing proposed easement. 9. Additional materials as required by the specific review. Please refer to the application packet for specific snbmitlal requirements or to the code sections noted above. lO. A written description of the proposal and an explanation ill wrillen, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, whieh is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. . - ~ ,...; "-' LAND USE APPLICATION PROJECT Name HUNTER CREEK COMMONS INSUBSTANTIAL PUD AMENDMENT Location A portion ofthe Hunter Creek Subdivision "Common Area" which lies west of Lone Pine Road (commonly known as the "Triangle Parcel") containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records. (indicate street address, lot & block number and legal description, where appropriate) REPRESENTATIVE Address Oates, Knezevich & Gardenswartz, P.C. (Lenny Oates & David Mueller) 533 E. Hopkins Ave., 3" FI. Aspen Plaza Bldg., Aspen, CO 8]6] 1. Name Phone No. 920-] 700 TYPE OF ApPLICATION (Please check all that apply) o Conditional Use 0 Conceptual PUD o Special Review 0 Final PUD (& PUD Amendment) o Design Review Appeal 0 Conceptual SPA o GMQS Allotment 0 Final SPA (& SPA Amendment) o GMQS Exemption 0 Subdivision o ESA - 8040 Greenline, 0 Subdivision Exemption (includes Stream Margin, Hallam Lake condominiumization) Bluff, Mountain View Plane o Lot Split 0 Temporary Use o o o o o Historic Designation o Small Lodge ConversionlExpansion Conceptual Historic Devt. Final Historic Devt. Minor Historic Devt. Historic Demolition . Other: INSUBSTANTIAL PUD AMENDMENT EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.) A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book ]5 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book ]5 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. PROPOSAL (description of proposed buildings, uses, modifications, etc.) A revised Bus Stop easement located wholly within the Triangle Parcel as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. Have you attached the following? YES . Pre-Application Conference Summary . Attachment #1, Signed Fee Agreement NA Response to Attachment #2, Dimensional Requirements Form . Response to Attachment #3, Minimum Submission Contents . Response to Attachment #4, Specific Submission Contents . Response to Attachment #5, Review Standards for Your Application Fees Due: $ 560.00 \\R"Ir~\nlro\ng,,;,.j\,","nt..r rr....Ir\T "n..J 110p Ann umrl - '- -... ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT I. PROOF OF OWNERSHIP ,,.-,, , ,... '......L n.:>rLll P.3/4 NO. 54? ." smWART 17TLE OF ASPEN. INC. OWNERSHIP AND ENCUMBRANCE REPORT Order No.: 00025759 PREPARED FOR: BllN'J'SR CRUX MANAQllNl!m' SnlWART 71TLE OF ASPEN. INC. HEREBY CERTlFlESfrom a search of the books in this ofice that title to: See Attacl'hed Legal De."r.i,pt,ic:Q sitUOJed In the Coul1Jy of Pitkin, State of Colorado, appears to be vested in the name of: BOJITBR CIUUIX COMMONS CORPOU"..rON and that the above described property appears to be subject to the folluwing lie1l$: J. NOW EXCEPT arry Q1Ifj all taxes and asseSSlnblts. EXCEPT aU earemellls, rights of way, reatrictions Q1Ifj reservations of record, This report does not reflect any of the fallowing matter... (1) BankruptcIes which, from date of adjudication of the most recent banlmtptcies, antedate the repon by more than founeen (14) years. (2) Suits Q1Ifj judgnwnts which, from date of entry, antedote the report by more than seven (7) years or until the governing statue of limitations has expired. whicMver is the longer periad. (3) Unpaid tax liens which, from date of pIl)'ment, antedate the report by more than seven years. Although w. believe the facts stated are true, this letter is not to be cOllStrued as an abstract of titl., nor an opinion of titte, nor a gUllr/Jllt)' of title, Q1Ifj it is understoad Q1Ifj agreed that Stewart mle of A.rpen, Inc., Mlther asSkmtS, nor will be charged with any financial obllgation or liability whatever On any statement contaIned /urein. Dated: Decl'amber 31, 1998 at 7(30 A.H. , at Aspen, Colorado STEWART 71TLE OF ASPEN, INC. ByiwhO~~~~ - JAN.Z0.1999 lZ:01PM STEWART TITLE ASPEN SCHEDULE A NO. 547 Order Nwnber: 00025759 LEGAL DESCRlP110N eeginn1rg at a p:lint wtenoe a 1954 BrllSS Cap fotnBr1y ~ u center sectiOn 7, 'l'Ot/I'lShip 10 b1th, Range 84 west, of tm 6~ P,M., rOIl mar\(et3 "s,P.M." en:l lying NOrth 67'20'34" WeSt, 2,36 feet f1:a1Ill 1976 BrllSS cap marl<<id u center SeCticn 7, bearS North 64'05'21" Ell9t:, 1,086,00 feet; t:henOS North 7.40 feet; t:I'ler1Oe South 64'04'00" FaSt. 237.76 feet; therCe 111.98 feet alOrg tl'B arc of a Q.n:ve to tl'e right havU1g II redius of 256.76 feet ard whoaB ~ bearS SOUth 51'34'23" EaSt, 111.09 feet; t;h3N::e South 00'40'00" west, 24,64 feet; .. theN::8 North B9'20'oo" west, 181.86 ,feet; 'then::e North 17'31'30" West, 147.8B feet; ttenoe l'brth 57'20'00" west, 87.99 feet to thB point of aegjnn1ng. COUN'rY OF l'ITKIN. STATE OF COLORADO P.4/4 ,-- .. ,""'" j ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT II. SIGNED FEE AGREEMENT " - ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT " .f' ~"""', Agreement for Payment of City of Aspen Development Applications Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and Hunter Creek Commons Corporation (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for Hunter Creek COnuiOBS . "Triangle Parc~,l" . ft THE PROJECT) lnsubstantlal pun Amendment .~nerema er, . 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a montWy basis. APPLICANT agrees he will be benefited by retaining great cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANTS application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the City's waiver of its right to collect full fees prior to a determination of application com~leteness, APPLICANT shall pay an initial deposit in the amount of$ 560.00 which is for .!. * hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional montWy billings ** to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing'date. APPLICANT further agrees that failure to pay such accrue~ costs shall be grounds for suspension of processing. $450.00 Plannlng; $110.00 Engineerlng ** at a rate of $180.00 I hour CITY OF ASPEN # -~~> ie Ann Woods APPLICANT Community Development Acting Director City of Aspen Signature: Date: Printed Name: Mailing Address: ~;~~~(1 lkth-~- {J<.,c~ '7111)(<)1of} liu)ty( r:r.~r'~ LommOnS (orfJ I ~rxJ (/, ne "'Jtr i'f' T Asom (0 '1,/cPll , r", " ,- '-" ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT III. APPLICANT LETTER - - '" / ~, ;,# ~ Oates, Knezevich & Gardenswartz, P.c. Third Floor, Aspen Plaza Building 533 East Hopkins Avenue Aspen CO 81611 January 20, 1999 RE: Hunter Creek Commons Insubstantial PUD Amendment to "Triangle Parcel" Dear Mr. Mueller, As Agent for the Hunter Creek Commons Board of Governors, please act as our representative in addressing Community Development for the Hunter Creek Commons Insubstantial PUD Amendment to "Triangle Parcel". I have attached all the requested paperwork and a check for $560. Thank you for representing us on this matter. sz~ 1/wto+zt--- Lisa Thurston As Agent for Hunter Creek Conunons Board of Governors Hunter Creek . 1400 Vine Street . Aspen. Colorado 81611 . 970/925-1060 ,r'..'" , ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT IV. TITLE COMMITMENT r JAN.Z0.1333 lZ:OlPM STEWART TITLE ASPEn ,". SCHEDULE A NO.54? P.4/4 - ,""oF Order Number: 00025759 LEGAL DESCRlP110N ooginnirg at a p:lint wter.ce a 1954 Brass CaP fotll'Bl"1y marked as center Section 7, 'fO.o/l'lShip 10 SOJth, Range 84 WeSt, of ~ 6tll P.M., ro.<J marI<<3I3 "S.P.M." am lYIDa North 67' 20'34" WsSt, 2.35 feet fra)l a 1978 Brass Cap narked as center SeCtion 7, bearS North 54'05'2.1" East, 1,OB6,OO feat, t;henoa North 7.40 feet; t:I"'er'Oe South 64' 04' 00" EaSt, 237.76 feet; "\:heroe 111.98 feet e.101"1Q' 1:h".! arc of a ~ to ~ right hevil'g /I radius of 256.76 feet an:) wI'loSB chord bean South 51'34'23" EaSt, 111.09 feat; 'ttlElN:S South 00'40'00" WeSt, 24.84 feet: . ... therOEl North 89'20'00" West, 181.86 ,feet; t;henoa North 17'31'30" West, 147.88 foot; tren:'e l'brth 57'26'00" West, 67.99 feat to the point ot l'legjnnU1g. COUNTY OF PITKIN, STATE OF COLORADO ~_....,~ ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT v. DEPOSIT ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT VI. (4) COPIES . . ~ ' : : , ! ! i ! i.. t i i~~j~~ ii~J~~ [~~~~ j~Jii~.!~ jJ~- ~ "Ld U5~H~j~J i i~ [5 i~H i [i~~~~'2i~~ d~5~5~~!~~~~!lc~~~i~!j~~~~~d~~~I~ ~~1~~~~~.~~i~~~~~dd~~~~~~d~~gtiftijg~~ ~~~!~IIE~~~l~~~~~i!~~~~~g~~~~~e~~~v~~~~~~~tgEE~!!~i~H~~~~~~~~~~!~~i~l~ ~~<<<~~~~~mmwmoo~J~e6oo8u8u3~806~~~~33Baa~~~~~~~~~x~~~~~~~3~~~~~~~~~~~~ ..,. c C1I_ a.~ ",LU c:c ., -0 o U ( Ii .' "'-j) "n '''l,.j I'l' .n,!; 'It '"i ~ 1 '!. g- , 1 ! ~ ;:1 -hi' <u -'I' <u lo-..... -hi. .;i V) . <-' ..... <u ~ ....... I" ~. '1-,' ~;'l;).lJ ..----....r-.---__~O'~~I)JV '\.. -\ ..-.. ....-...... li- q ~ t"1:' ): E 's qg ~ ~ ~ E c ~~-!i ~ .. :::-! ~ t-~ E t . ..~~ ~.!: ii. --""I::l':i ~j ! ~ ..'t: ~... ...."./<JJ ~:~ ~~/'-/ \ '- l51 ~\~] v . ~a . \ liIJ 1 ,I I " ~ ~ Q ~ ~ ~ " .. . ~ I' .\i>11'1' ,<" '''H,~' ,.,1'1' . " ..,.! :.,~ 1;! :,;., , r, r.. ~\)" :-."".\-<_",,1 c C1I- a.~ ",5 c:c ,"~-""""-';;~+~- ~ .~ . " o ~ " ~ I " ~ ~ , 2 ~ ~J. "'<. <0 ". "0..09:% --.z~~-{yr":.t- -', .... 1$7 J"ilii;;ii' " '" " . l5 ~ c 0 o 0 ~ ~ 8 ~. ':!: 2'.c ::e: ...:.:~_.~-~-~ ~ ~ "" u ~ p.. "" ,...l ~ r .... o z o ~ f-< ..: u o ,...l "" f-< ~ ~ >< o l>:: p.. p.. ..: -.- -. --.-- -- .'- .a: a!l " ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT VII. EXISTING PLAT & VIII. DRAFT PLAT OF PROPOSED EASEMENT 113/27/98 15:34 2i:: 97139284936 HUfl11:.1'<. L...1'<.1:.1:.t-. r ",'v CITY OF ASPEN PRE-APPLICAtiON CONFERENCE SUMMARY , -.,;"" PROJECT: REPRESENT A Tl':'.;2: OWNER: TYPE OF APPLlCA TI0N: DESCRIPTION: Chris Bendon, 920.5072 \\Mltr ck" G~ PUD Amendment Temple Glazier .-Pitkin Ce1lfot)_+\vJcr ~ ~~ o Step -- Staff Review ~ Insubstantial PUD amendment to change a record~~asement DATE: 3.17.98 PLANNER: Land Use Code Sectlon(s) 26.84.080 PUD Amendments I Review by: Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: Staff, DRC (referral agencies) No. If substantial amendments are requested, then public hearings would be required. Engineering, ~ Planning Deposit '($450) Engineering minor fee $1 10 $560 (additional hours are billed at a rate of $180/hour) To apply, submit the following information: I. Proof of ownership. 2. Signed fee agreement. 3. Appliealilll'name, address and telephone number in a letter signed by the applicant which stategthe name, address and telephone number of the representative authorized to act on behalf of the applicanle 4. Street address and legal description of the parcel on which development is proposed to occur, consming of a current cel1ificate from a title insurance company, or atlorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 4 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff = 2 7'. Existil"!lPlat showing current easement. 8. Draft plat as proposed showing proposed easement. 9. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to thc code sections noted above. 10. A written description of the proposal and an explanation in writlen, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Disclaimer: TIlC foregoing summary is advisory in nature only and is not binding on Ihe City. The summary is based on eurrent zoning, which is subject to change in the future, and upon factual represcntations that mayor may not be accurate. The sumnlary does not create a legal or vested right. LAND USE APPLICATION PROJECT HUNTER CREEK COMMONS INSUBSTANTIAL pun AMENDMENT Name Location A portion of the Hunter Creek Subdivision "Common Area" which lies west of Lone Pine Road (commonly known as the "Triangle Parcel") containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records. (indicate street address, lot & block number and legal description, where appropriate) REPRESENTATIVE Phone No. Oates, Knezevich & Gardenswartz, P.C. (Lenny Oates & David Mueller) 533 E. Hopkins Ave., 3" Fl. Aspen Plaza Bldg., Aspen, CO 81611. 920-1700 Name Address TYPE OF ApPLICATION (Please check all that apply) 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Devt. 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption o Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, 0 Subdivision Exemption (includes 0 Small Lodge Stream Margin, Hallam Lake condominiumization) ConversionlExpansion Bluff, Mountain View Plane 0 Lot Split 0 Temporary Use . Other: INSUBSTANTIAL PUD AMENDMENT EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.) A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recordOCl at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 ofthe Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. PROPOSAL (description of proposed buildings, uses, modifications, etc.) A revised Bus Stop easement located wholly within the Triangle Parcel as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. Have you attached the following? YES . Pre-Applicat~on Conference Summary . Attachment #1, Signed Fee Agreement NA-Response to Attachment #2, Dimensional Requirements Form . Response to Attachment #3, Minimum Submission Contents . Response to Attachment #4, Specific Submission Contents . Response to Attachment #5, Review Standards for Your Application Fees Due: $ 560.00 \\Raks\raks\David\Hunler Creek\Land Use App.wpd ->1.......--.''''-, I..L 'I...... H.:Jr...li STEWART TITLE OF ASPEN. INC. OWNERSHIP AND ENCUMBRANCE REPORT Order No.: 00025759 PREPARED FOR: HCIN'l'HR CRBBK MANAGBlIIEN7' S.mWART TITLE OF ASPEN. lNC. HEREBY CER11FIES from a search of the books in this ofice that title to: See Attached Legal Description situated in the County of Pitkin, State of Colorado. appears to be vested in the name of: HtT.NTBR CJmJ!IK COMMONS CORl'OllA'l'ION and that the above described property appears to be subject to the following /ien.r: 1. N01ll!I NO.547 P.3/4 .' JAN.Z0.1999 lZ:01PM STEWART TITLE ASPEN SCHEDULE A NO. 54? Order NUI/lber: 00025759 LEGAL DESCRIP110N eeginnirg at 8 p:>int w\"lel'1Ce a 1954 BraSS Cap fotl1Bt"ly ~ as Center section 7, 'I'CMI'lShiP 10 So..1th, Range 84 west, of ~ 6tll P.M., rlC1Jl marked "S.P.M." ard lying North 67' 20'34" WeSt, 2.36 feet frail a 1978 BrasS Cap marked as center SeCtion 7, bearS North 64'05'21" EaSt, 1,086,00 foot; thet'tOe North 7.40 feet; ~ South 64'04'00" EaSt, 7:37.76 feet; therOe 111.98 feet al<rg t.l"e arc of a c=ve to tre right hevUlg 0 radius of 256.76 feet aOO whoae chOrd bean SOUth 51'34'23" EaSt, 111.09 foot; .~ south 00"40'oo"~, 24.84 feet; . '.' therOe Nort.h 89'20'00" ~t, 181.86 ,feet; . 'I:t1en::e North 17'31'30" west, 147.88 feet: ~ I'brth 57'28'00" west, 87.99 feet to tha point of l'legJJ'lnit'r,;l. COUNTY OF PITKIN. STATE OF COLORADO I . . 'J'l_ , P.4/4 ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Applications Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and Hunter Creek Commons Corporation (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for Hunter Creek COUOBS liT' 1 P .,11 lnsubstantial PUD Amendment I.'lang e arc~rrereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent ofthe costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a montWy basis. APPLICANT agrees he will be benefited by retaining great cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANTS application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the City's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 560. 00 which is for 3.!, * hours of Planning staff time, and . if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional montWy billings ** .' to CITY to reimburse the CITY for the processing of the application mentioned above, including ~post approval review. Such periodic payments shall be made within 30 days of the billing'date. APPLICANT further agrees that failure to pay such a.ccrue~ costs shall be grounds for suspension of processing. $450.00 Planm.ng; $110.00 Engmeenng ** at a rate of $180.00 / hour CITY OF ASPEN APPLICANT ~w~&> s,": Printed Name: Community DeVelopment Mailing Address: Acting Director City of Aspen /I./A ;~:1::~(., ;~ U.,.,o, 'ThlJ(""i"fof) II\J~f.p( {"or"''> I:: . LOmtYIr5YJ5 , '1 (X) (/,/1 e '~'r"'rN 1"' Asoen (0 '1,/(PJI I (orf. .$'. ~ Oates. Knezevich & Gardenswartz, P.C. Third Floor. Aspen Plaza Building 533 East Hopkins Avenue Aspen CO 81611 January 20, 1999 RE: Hunter Creek Commons Insubstantial PUD Amendment to "Triangle Parcel" Dear Mr. Mueller, As Agent for the Hunter Creek Commons Board of Governors, please act as our representative in addressing Community Development for the Huuter Creek Commons Insubstantial PUD Amendment to "Triangle Parcel". I have attached all the requested paperwork and a check for $560. TIlllnk you for representing us on this matter. sz~ 1/zato~ Lisa Thurstou As Ageut for Hunter Creek COlmnous Board of Governors , '>'. Hunter Creek . 1400 Vine Street . Aspen. Colorado 81611 . 970/925-1060 JA~I..Z0.1999 lZ:01F'I1 STEelRRT TI TLE RSI-'El1 SCHEDULE A NO.547 P.4/4 Order Number: 00025759 LEGAL DESCRIPTION seginn1rxJ at a p::>int w\"leTrn a 1954 Brass Cap fot"fl"l3r1y n\arlted as center section 7, 'I'Otll"lShiP 10 SOOth, Range 84 WeSt, of tl'B 6tl} P.M., rtJJJ ~ "S.P.M." ard l.y~ North 67'20'34" WeSt, 2.36 feet fra1l a 1978 BrasS Cap marked as center SeCtion 7, bearS North 64'05'21" EaSt, 1,086,00 feeti then06 North 7.40 feet r ~ SoUth 64'04'00" EaSt, 237.76 feet; the.rDe 111.98 feet e.1orq the arc Of a curve to the right hev~ II radius of 256.76 feet an:) ~ ~ro bearS SoUth 51'34'23" EaSt, 111.09 feet; ~ SOOth 00'40'00" west, 24.64 feet; . '.' 1;heN:::e N::>ct:h 89'20'00" West, 181.86 ,feet; the.rDe North 17'31'30" West, 147.88 feet; ~ North 57'26'00" West, 87.99 feet to the point of aegi,nnit'lg. COUNTY OF PITKIN, ST~TE OF COLORADO .. f I Y . . . ' HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec. 9(a)--Attachment 3: Minimum Submission Contents . Applicant's signed authorization letter (Enclosed at Tab #3 Herein) . Street Address and Legal Description (Enclosed at Tab #4 Herein) . Disclosure of Ownership (Enclosed at Tab #1 Herein) . 8 y, by 11 Vicinity Map (Enclosed at Tab #9(a) Herein) HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec. 9(b )--Attachment 4: Specific Submission Contents . Written Description: Existing Conditions: A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. (Exhibits A & B attached at Appendix A). . Site Plan Drawings: See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement) (attached at Appendix A). . Previous Development Approvals affecting property: I. Dedication of Hunter Creek Suhdivision "Common Areas" including the "Triangle Parcel" west of Lone Pine Road as described in the Deed recorded in Book 461 at Page 154 of the Pitkin County real estate records; and as shown on the Subdivision Plat and Development Plat of Hunter Creek Subdivision recorded in Plat Book 16 at page 84 of the Pitkin County real estate records. 2. Dedication of existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records. . Copy of Recorded Documents affecting proposal: Plat Book 15 at Page 53 COPY with "red-lined" overlay of "REVISED BUS STOP EASEMENT." . See "Attachment 5" at Sec. 9(c). HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec. 9(c)--Attachment 5: Review Standards 1. A revised Bus Stop easement located wholly within the "Triangle Parcel" as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. 2. Not applicable. No increase in structures. 3. Not applicable. No substantial change in RFTA rider-ship anticipated from altering existing RFT A easement. 4. Not applicable. No reduction in Open Space. 5. Not applicable. No reduction in parking space. 6. Not applicable. No reduction in streets or easements. 7. Not applicable. 8. Not applicable. 9. Not applicable. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec 10 EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.) A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. PROPOSAL (description of proposed buildings, uses, modifications, etc.) A revised Bus Stop easement located wholly within the Triangle Parcel as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. COMPLIANCE WITH INSUBSTANTIAL PUD AMENDMENT STANDARDS TITLE 26.84.080 1. No change in the Use or Character of Triangle Parcel: merely a modification of the location of a revised Bus Stop easement from the current easement both of which are located wholly within the "Triangle Parcel." For a graphic depiction of the revised easement see Exhihit A attached hereto. 2. Not applicable. No increase in structures. 3. Not applicable. No substantial change in RFT A rider-ship anticipated from altering existing RFT A easement. 4. Not applicable. No reduction in Open Space. 5. Not applicable. No reduction in parking space. 6. Not applicable. No reduction in streets or easements. 7. Not applicable. 8. Not applicable. 9. Not applicable. ".... "..~, , / , ,.'"' ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT IX. SPECIFIC REVIEW REQUIREMENTS A. Attachment 3 B. Attachment 4 C. Attachment 5 0/ 2. 3. 4. 5. 18/27/98 15;39 z: 9789204936 HUNTER CREEK PRO P.07 o ....''''~ "" .~.1 . J ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf ofthe applicant. The street address and legal description of the parcel on which development is proposed to occur. A disclosure of ownership ofthe parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortga$es, judgments, liens, easements, contracts and agreements affecting the parcel, a.:d demonstrating the owner's right to apply for the Development Application. An 8 112" x 1,1" vicinity map locating the subject parcel within the City of Aspen. A si mprovement s y including topo y and vegetation sing the current s us of the pa certified by a resi i:d land surveyor, Ii i:d in the State Colorado is requiremen~0!1-f11ly part thereof, may b aived by the C munity De~ellt Departme~the project is determin not to warrant urvey docu~ . .J ...-., ........... HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec. 9(a)--Attachment 3: Minimum Submission Contents . Applicant's signed authorization letter (Enclosed at Tab #3 Herein) . Street Address and Legal Description (Enclosed at Tab #4 Herein) . Disclosure of Ownership (Enclosed at Tab #1 Herein) . 8 12 by 11 Vicinity Map (Enclosed at Tab #9(a) Herein) ] : : : : ~ :~ I !~: i :..i,: i~ U~ i~ 11~~~i 5i]\r~~~lH i_~_~t ~w~~w~~d~ih~J]~_H 1~5~5~_5~~~~~~i~~ ~!~~~il~~I;iliifiilt~i~IIE~~~~~~~~~i~~j~I~I~I~ill~~:~!i~~~t~II~~I~{itt ~~~~~~<~~~~ffi~~~~ea~6eG888S~~8~6~~~~~0@0~~~~~~~~~~~~~~~~~~3~i~~~~~j~~~i , Y"- \J'i",,/ \. l;J V 1;1 " :} ", \.lI\Jre~ q ~/-- ] C \,. HI ('r-.-/ \ , Ille GI \:l !1 ~ - ((, '" E a . _.~./. . ~~ .. ~) a.~ \ ~~l ~ "'w ~~ . c:c / ) E ~ ~ ~~~ r ~:; ~ ~ ~ ~i ~~ ~ ~ ..'I::: .... !1 ~ u s. Ii; . . . - '> ~. ~ ~ '" " .. 1 ~'"1 ' ..1;~" ....!' ". ,'It<t' ;..~ .;.:.' I', t-" 0....,:...l.\..\II , ~-' lll-'1 '''''ll'N' >:(Jy ~ ....,.... ;:., ~ U ~ Po. ~ ....:l c; Z -< i:2 r '" o z o E .a- o . ....:l ~ Eo-< -< :;E ..... ~ o ~ Po. Po. -< II!!!II , C GI- a.:n ",:5: c:c ..-,r"'_,.._ .' ,_.-- ,I' '0" ,> <i- ~~Xl.JJ ---~--~O~~.~~fV ..--\.. ... -- U7 J~I{/~~H- " a: '" . t1 5 o ~ ~~ _~_~_ G1 3 , o e. ~ ~.... Il!'.lI ~ ..... Q.l ~ - -. 10/27/98 15:40 z: 9709204936 HUNTER CREEK PRO P.08 c "....\ ,J ATTACHMENT 4 Specific Submission Contents Insubstantial Amendment To Approved Pl)D By Planning Director The request for Planning Director approval of an insubstantial amendment shall contain the following items: ]. A written description of the existing conditions on the properly which are requested to be altered via-the amendment. .-;;;' 2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment. 3. A listing of all previous development approvals granted to the properly, with the approximate dates of said approvals. ' 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red-lined" onto a copy of the original document. 5. Written responses to the review criteria for an insubstantial amendment. (attachment #5) . ,-;;> " c ~~ :q~ ~. ~r ~s "2 ~ ~ ~ ~ 8\ r-:\ ~~~ >t11 ~~~ FeJ2 _1'IC: FeJjP' ~z~ ~~ h.t~~ A ~ :~~ 'dy i~ ~ ~ 0 i ~ ~ t='4 Prj ~(J~ ......(:) )>0 jP'A ~~O f.7'd 1'l:r3f11 ~~ :~< ~ t;;; f.7 1..,1'l" ~ i~~~ t:J 19 r:2~ (ij ~ (jl'l~ SC) ~~~ C) 0 Z:c ~~ ~~ ~~ ~~ O~ -<~ ~Cb) f:==4 ~. fi1 "fJ 1=4 ~ fi1 ~ ~ ~ ~~O <;/'0 .r::IO I I I --\ J--_ . ~ I --...... (;\ \7- I -- *', ,s _ .... . 'l?- 1-- c1 . \~ -_ .&. ,- I ...... 'IS ~ I -..... U \~ I Nt \ I \ .J...., L ~ " I\~ I ,). \", Of '<~' \'-'l !\:i ',. ' '.{ '{" ~ I I/~~/' \ I , 'e'O~~)-( I: I , \ , , I X, I /. . '~ I IJ I - I I~' E ,.,' I I If I ~ I Jli' (/J ! I! ~ ~, ! I I /o~J I I %', I / I '01 I I I I of) I I I I .:!I / I I " ~ I ~ / ~ "(J fI1 D 1]1 ,& ~ (j \J s~ lJl f11 ~ f1\ Z I ~) >b .--'1: ~ ~ d"" ~'>.. HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec. 9(b )--Attachment 4: Specific Submission Contents . Written Description: Existing Conditions: A portion of land designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. (Exhibits A & B attached at Appendix A). . Site Plan Drawings: See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement) (attached at Appendix A). . Previous Development Approvals affecting property: I. Dedication of Hunter Creek Subdivision "Common Areas" including the "Triangle Parcel" west of Lone Pine Road as described in the Deed recorded in Book 461 at Page 154 of the Pitkin County real estate records; and as shown on the Subdivision Plat and Development Plat of Hunter Creek Subdivision recorded in Plat Book 16 at page 84 of the Pitkin County real estate records. 2. Dedication of existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records. . Copy of Recorded Documents affecting proposal: Plat Book 15 at Page 53 COPY with "red-lined" overlay of "REVISED BUS STOP EASEMENT." . See "Attachment 5" at Sec. 9( c). 113/27/98 15:41 t""' \.. :IS: 971392134936 HUNTER CREEK PRO :l P.09 t ATTACHMENT 5 Review Standards Amendment to an Approved Planned Unit Development (PUD) A developmcnt application to amend an approved PUD shall comply with the following standards and reqll~ments. Please respond to each of the review criteria. I. A change in the use or character ofthe 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 ofthe approved open space. 5. A reduction by greater than one (}) 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 ill 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 8r which requires granting a further variation from the project's approved use or dimelfsional requirements. . ,--;;J - '._"', HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION Sec. 9(c)--Attachment 5: Review Standards I. A revised Bus Stop easement located wholly within the "Triangle Parcel" as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. 2. Not applicable. No increase in structures. 3. Not applicable. No substantial change in RFTA rider-ship anticipated from altering existing RFTA easement. 4. Not applicable. No reduction in Open Space. 5. Not applicable. No reduction in parking space. 6. Not applicable. No reduction in streets or easements. 7. Not applicable. 8. Not applicable. 9. Not applicable. ATTACHMENTS LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT X. DESCRIPTION OF PROPOSAL & COMPLIANCE '""' HUNTER CREEK PROPOSED INSUBSTANTIAL PUD AMENDMENT LAND USE APPLICATION See 10 EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.) A portion ofland designated as a "Common Area" contiguous to the Hunter Creek Subdivision commonly known as the "Triangle Parcel," which lies to the west of Lone Pine Road, containing an existing Bus Stop Easement (recorded at Book 455, Page 109) as shown on the First Amended Subdivision Plat and Development Plan of Hunter Creek Subdivision recorded in Plat Book 15 at Page 53 of the Pitkin County real estate records; See attached Exhibit A-Subdivision Plat Book 15 at Page 53 showing the "Triangle Parcel" (and proposed revised easement); and Exhibit B-Legal Description of Existing Easement. PROPOSAL (description of proposed buildings, uses, modifications, etc.) A revised Bus Stop easement located wholly within the Triangle Parcel as depicted on Exhibit A attached hereto and more fully described in Exhibit C, attached hereto. COMPLIANCE WITH INSUBSTANTIAL PUD AMENDMENT STANDARDS TITLE 26.84.080 1. No change in the Use or Character of Triangle Parcel: merely a modification of the location of a revised Bus Stop easement from the current easement both of which are located wholly within the "Triangle Parcel." For a graphic depiction of the revised easement see Exhibit A attached hereto. 2. Not applicable. No increase in structures. 3. Not applicable. No substantial change in RFT A rider-ship anticipated from altering existing RFT A easement. 4. Not applicable. No reduction in Open Space. 5. Not applicable. No reduction in parking space. 6. Not applicable. No reduction in streets or easements. 7. Not applicable. 8. Not applicable. 9. Not applicable. APPENDIX LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT EXHIBIT A F'I .~ ~, M ~' ~ ;z: '[rj t%J ~ ~ ~~o q...cIC I I I --\ 1--- r).~ 1 -_..... . ~~ . -, o \""L I -1>... \'1- -_ . 0,\. 1 -_ .R: ~- 1 -__ ' ,~ I . (] \;:~ I ht"'. \ I \ .......1"" li,~ ., ,,). ,~ !Ji "'f- 1 \...1\ I\:i ,.,'" '" \~ .' 'I\- \ ~ g~,. \ , , '<'~~~)\ I: I ""i., " ~ I .,~ ~ I _ . I ~ ... ~ -. ~() ~ , .q~ ....' ~'" U ~- n ~r D 2 ~G U' I ~ ~ U \J - ~ ~ j \'I ~ ~ 111 " Z I ~ 8' t/J ~1J ~,(p ~~I ' ~~~ >~ ~rn~ ~ ~ _1'lC: ~I"""" (Jl z ~ I1=lI9=! z/.:?5 ~'wocn ... " !!) ,~ , I I . :.1 .,,! ."'<;" ><< '. APPENDIX LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT EXHIBIT B "'"' \ \ \, II ~ " ',i-' "" ",~,,\ '\ ,=" ( ,,-, " " . ; \ ,'\" . \ . ." ""-,, -" " t \.. \, . . I I STATE! COUNTl I dllyol Countl , _ _~ ..c...._&.k.....-.....--- t " "" 455 ""H1 r f ~ ~- <no>ll"d~"d to be:~n.\.,... th~9 ~: ""/'- ~d:LLL -+- - th;-- , ~ffidal seaL -; ,/ " ...........~ A~,'<;~'(/?Y7~ ~~{~ '7 J" / No HY lC ;- IIddr~88' 60.l...E. liytMn Ave. Aspen, CO'~ 81611 -J- _ ~/~_',~_,~(I. <f~:;; , \ APPENDIX LAND USE APPLICATION HUNTER CREEK COMMONS CORPORATION: PROPOSED INSUBSTANTIAL PUD AMENDMENT EXHIBIT C -- ~. Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81612 970 925 2688 OCTOBER 26, 1998 HUNTER CREEK PROPERTIES DESCRIPTION OF REVISED BUS STOP EASEMENT A BUS STOP EASEMENT SITUATED ON LAND OF HUNTER CREEK CONDOMINIUMS ACCORDING TO THE SUBDIVISION PLAT THEREOF FILED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO ON NOVEMBER 7, 1983 IN PLAT BOOK 15 AT PAGES 53-58, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE PROPERTY BOUNDARY OF HUNTER CREEK CONDOMINIUMS WHENCE A U.S. BRASS CAP FORMERLY SET AS THE CENTER QUARTER CORNER OF SECTION 7 AND NOW MARKED S.P.M., TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEARS NORTH 64005'20" EAST 1085.99 FEET; 'THENCE NORTH 7.40 FEET ALONG SAID PROPERTY BOUNDARY TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF LONE PINE ROAD; THENCE SOUTH 64004'00" EAST 152.55 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE: THENCE SOUTH 25056'00" WEST 82.10 FEET TO THE INTERSECTION WITH THE PROPERTY BOUNDARY OF HUNTER CREEK CONDOMINIUMS; THENCE 17031'30" WEST 90.00 FEET ALONG SAID BOUNDARY; THENCE NORTH 57028'00" WEST 87.99 FEET TO THE POINT OF BEGINNING.