HomeMy WebLinkAboutLanduse Case.CO.100 Park Ave.A025-98
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LAW OFFICES OF
PAUq. TADDUNE, p,c.
323 WEST MAIN STREET, SUITE 301
AsPEN, COLORADO 81611
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TELEPHONE (970) 925-9190
FACSIMILE (970), 925-9199 {t €J, f.
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PAUL]. TADDUNE, P.c.
WILLIAM K. GUEST, P.c., OF COUNSEL
ANDREW H. BUSCHER, OF COUNSEL
March 24, 1998
Stan Clausen
Planning Director
City of Aspen
130 S, Galena Street
Aspen, CO 81611
Re: Colas Condominiums
Dear Stan:
Enclosed for the City's review as appropriate is the draft Condominium Map for Colas
Condominiums. The application for stream margin review and accessory units was processed by
Bob Nevins. I will await submission of the mylar until after I receive any staff comments.
Also attached for your information is a copy of the proposed Declaration of Covenants
for Colas Condominiums,
Thank you in advance for your assistance,
Very truly yours,
PAUL J, TADDUNE, P,C,
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Legal Description
ColaS Condominiwns, Pitkin County, Colorado, according to the plat
appearing in the records of the County Clerk and Recorder of Pitkin
County, Colorado, in Book _ at Page _, as defined and
described in the Declaration of Covenants for Colas Condominitims,
appearing in such recotds in Book _ a~ Page _'
C:\ WPIPAUL\CORP\COLASCON.COV
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TRANSMITTAL MEMORANDUM
To'
Thru:
From:
Date:
Re:
Paul Taddune, Esq, (for appliqnt)
...-1ulie Ann Woods, Deputy Community Development Director
Ross C. Soderstrom, Project Engineer ~ '
March 31,1998
Colas Condominium Plat
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Physical Address:
Parcel No(s),:
Aspen, CO 81611
N/A
No. of Sheets in PlatlMap:
1
These are the items remaining to be completed:
+- 'Make corrections indicated on plat 1 map
+-
Set & flag sUlVey monuments for field verification. Have representative 1 sUlVeyor call myself (920-5087)
to schedule field verification after setting & flagging monuments,
Include complete descriptions of all monuments found or set
Provide basis of bearings, per State Board of Registration Policy
Complete 1 correct legal description ofparcel(s), easements, etc,including acreage to 1/1,000 Ac for entire
development and each lot, parcel, outlot, tract, etc.
~
Provide 100Yr. Flood Plain delineation; flood study information and date; datum and reference benchmark
identification and elevation
Complete 1 correct legend and symbols
Include attached notes to plat 1 map
Revise certificates 1 signature blocks as indicated
Depict easements with dimensions and recording information
Complete right-of-way information: dimensions
Other:
..,jL Re-submit 6I1E- W copies of sheets a II
for review before preparing record copies for recording
of plat! map
Submit two (2) complete fmal, record copies on mylar or velum for recording. Include check payable to
Pitkin County Clerk & Recorder for the recording fees for one (I) complete copy of the plat!
map (second copy remains in files of City Engineering Dept.),
8 1/2" x II": agreements, etc. fIrst page - $6,00, additional- pages $5,00
, larger than 8" x 14" - plats: fIrst sheet - $11.00, additional sheets - $10,00
larger than 8" x 14" - sUlVeys: fIrst & additional sheets - $20,00 each
Other: verify with Pitkin County Clerk & Recorder for recording fee schedule
IIp'CM l098.IlOC
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May 14, 1998
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Mr. Paul Taddune
Attorney at Law
323 West Main Street, Suite 30 I
Aspen, CO 81611
THE CITY OF ASPEN
Transmitted by Facsimile and by US Mail [970.925.9199]
Subject:
Colas Condominium Plat
Dear Mr. Taddune:
In reviewing the conditions of approval for the Colas Condominiums (granted by the Planning and
Zoning Commission on August 6, 1996), the draft of the plat and the site, I have noticed that there are
numerous conditions and requirements of approval which have not been fulfilled and are not reflected in
the draft condominium plat. In addition to returning the draft plat, I have enclosed several pages of notes
regarding the conditions of approval which need to be completed, notes for the plats, and clarifications
and corrections which we previously made with the Bibbig Subdivision Exemption plat, which also
apply to this property, although these were not incorporaied in this plat.
Please note that city code requires a current (within the prior'twelve months from the date of application)
title policy to verify the title interest in the property to be condominiumized, however the title policy
referenced on the plat is over three (3) years old, A copy of a current title policy will need to be
submitted, with the revised draft of the plat for verification,
As of May 13, 1998, we were advised by the A VFD and the ACSD that the previous verbal agreement
, for fire access through the neighboring property had been retracted and that the condominiums do not
have an approved plan for providing sanitary sewer service to the property, These are either explicit or
coincidental conditions of development approval which need to be fulfilled before the condominium plat
will be approved by the city, Creating acondominium entity without emergency access and utility
services is analogous to creating subdivision lots without these amenities which is prohibited by the
Aspen Municipal Code (AMC 26,88,040.A, B, & C), Thus, in addition to completing the conditions of
approval (including landscaping and access easements), and revising the plat, these several associated
requirements pertaming to creating a developable parcel will also need to be completed, Since the site
specific conditions of approval were finalized in August, 1996, and the general municipal code and
building code requirements associated with land development apply to all properties within the City, we
L1298.r:lOC
130 SoUTH GALENA STREET. AsPEN, COLORAdo QSl ~ PHONE 970.920.5000 . FAX 970.920.5197
Prinledon Recycled p,'per
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Letter: Colas Condominium Plat
assume these conditions and requirements are familiar and not new matters, We hope you will
understand that they need to completed before the plat is approved,
As these several conditions of approval are satisfactorily completed and evidence of this is delivered to
the City Engineering Department, some adjustments may be needed to the contents of the final
condominium plat to reflect easements, agreements, other matters which have yet to be resolved, and any
title conditions unavailable to us at this time, '
Very Truly Yours,
#c~
Ross C. Soderstrom
Project Engineer
Attaclunents: Conditions of Approval, Colas Investments Conditional Use Review for Two ADUs
and Stream Margin Review, August 6, 1996 - (3 pages)
Clarification of Legal Description, from Bibbig Subdivision Exemption - (I page)
General notes to Condominium Plats - (1 page)
Schematic map of adjacent property owners - (1 page)
Draft of Condominium Plat with red lines - (I sheet in mailed packet)
pc: ........rulie Ann Woods, Assistant Community Development Director, with attaclunents expect plat
John Worcester, City Attorney, withattaclunents expect plat
Nick Adeh, City Engineer, with attaclunents expect plat
Sara Thomas, Zoning Officer, with attaclunents expect plat _
Rebecca Schickling, Assistant Parks Director, with attaclunents expect plat
Building Dept. & Engineering Dept. Permit Files, with attaclunents expect plat
Ed VanWalraven, A VFD Fire Marshal, with attaclunents expect plat
Tom Bracewell, ACSD Line Superintendant, with attaclunents expect plat
L1298.DOC
2 OF 2
PLANNING &~NlNG COMMISSION
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AUGUST 6.1996
Stan Clausen, Community Development Director responded Staff does not believe
so, when a trail is mapped or planned it is an appropriate request that an easement
be granted.
Schickling responded it specifically states in the Pedestrian Bikeway Plan
easements along water. ways the city should obtain whenever possible. Schickling
said the trail could be mapped out but that may not be realistic, now is the time to
ask for it as we are going through stream margin review, it is important for them
as far as focusing on that water way linkage in getting from point A to point B.
Schickling said there has been talk, it is not definite of having a bridge from the
Valley High area OVer to Proctor, they do not know where it wiU--be or if it will
ever occur, she stated it is a very complex puzzle as far as dealing with the Army
Corp ofEngineers~ the property owners, and easements that are not suitable to
build the trail, they try to take all that into consideration and build the best trail
possible,
MOTION: Hunt moved to approve the conditional use for two studio,
accessory dwelling units and the stream margin review for the two,
detached single family residences proposed on Parcel A and B situated
in the SW 1/4 of the SE 1/4 of Section 7 and in the NW 1/4 of the NE
1/4 of Section 18, all in Township 10 South, Range 84 West ofthe sixth
principal meridian, with the following conditions:
Accessory Dwelling Units Conditional Use Approval
1) The applicant shall submit to Engineering for review and approval,
prior to the issuance of any development orders, the following:
rA:)). A constru~tion and landscape ease~ent agreement with the
a~lng property owners to be recorded WIth the County Clerk.
@) The access easement shall be created as a~ "outlot" that is
unrestricted with no right for any development on the easement which
restricts the access intent and that the in1tent is to convey a clear
twenty foot travel'access.
. I
@ The 'maintenance agreement and encroachment licenses~hall
be submitted prior to their execution, and the new access "outlot"
easement.
17
PLANNING &;z.pNING COMMISSION
~"
AUGUST 6.199&
",
D) A complete improvement survey and topogrl'l.phic survey. '
G2) The Fire Marshall to review and approve the residential
interior sprinkler systems and the final accesS drive and turn-around
with respect to emergency access and fire safety.
rF)I The on-site parking and vehicular access requirements meet
~esign standards.
. .
2) Prior to the issuance of any building permits, the applicant shall
comply with the following:
A) The. owner shall submit the appropriate deed restrictions to
the Aspen/Pitkin County Housing Office for approval. Upon approval
of the deed restrictions by the Housing Office, the applicant shall
record the deed restrictions with the Pitkin County Clerk and
Recorders Office with proof of recordation submitted to the Planning
Department. The deed restriction shall state that the accessory units
meet the housing guidelines for such units, ,meet the definition of
Resident Occupied Units, and if rented, shall be rented for periods of
six (6) months or longer.
B) Kitchen plans shall be, verified by thiHousing Office to
ensure compliance with specifications for kitchens in ADU's.
~ The ADU's shall be clearly identified as separate dwelling
u~n building permit plans and shall comply with the- 1994 U.B.C.
Sound Transmission Control Guidelines.
D). A landscaping plan shall be submitted for review and
approval by the Parks Department. Tree removal permits shall be
required for the removal or relocation of any tree greater than six inch
caliper.
3) Prior to issuance of a Certificate of Occupancy, the Planning
Department shall inspect the accessory dwelling units to ensure
compliance with the conditions of approval.
4) All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
18
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PLANNING &~NING COMMISSION
r-"
AUGUST 6, 1996
Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
Stream Margin Review Approval
@pplicant agrees to negotiate, in good faith with the city regarding a
trail easement. The trail easement shall be the area from the
centerline of the Riverside ditch south to the lower property boundary.
The trail easement shall be described and shown on the final plat. The
easement shall be recorded with the County Clerk and Recorder. The
trail easement will not affect the allowable FAR permitted 6n the
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@rhe building envelopes for the two residences shall be clearly shown
on the final plat.
~ovegetation shall be manipulated outside ofthe buildinl!: envelope,
and the envelope boundary along the Roaring Fork River shall be
barricaded prior to issuance of any building permits.
4) Silt fencing shall be used during construction to prevent runoff from
disturbed soils from entering the river. Revegetation is required for
any disturbed soil on the site.
5) All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
. Commission shall be adhered to and considered conditfons,of
approval, unless otherwise amended by other conditions.
Seconded by Chaikovska. All in favor, motion carries.
Meeting adjourned at 6:40 p,m.
19
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CEN71:R1-INE;
'7H5^CI: FDLLOVr""""'G .5AIO CENTERLINE 1(P.2~T ALONG
mE AR:.. Or A CURVE TO 77-E RIGHT "AV/NG A
RADIUS CF 40.00 FEt=T,
~ f./4(P"2o'ro'e 10.00 /FEET7D?HE f"OINTOF
8E.G/NNlNG, CONTAINING 0./&4 AC!<ES, MORE~ Le55.
mERE 15 AL50 CONVEYC:O AN EA6EMENT FOR -4CCESS
,PURf'05E5 L..'r7NG /0 FeET ON EACH tJIOE OF THE
CE:N7Et<L/NE. or bAlD ~AD EA"='E.Mmr.
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Tl-IENCE.
7H EN:E.
or 8EGI^
A ROAD
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OF ,sECT
THE NO}
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8EIN:7 A
, M/NE~AL
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AND !'AI<-
NOTES ( ;~fio~
/. ABTERJel< (*) REFEtR5 TO THI6 N07l: THAT GEI:?7'!'::uce 'POINT C
818/3/G ,PURCHABED A Mt::7"e5 AND 8CX.lN.J::l5 ?ARCCL 81881G ~
?f?,1Qe. 70 CR.EATION OF -5UNNY f"ARk bUBOIVISION, iLJT I. WHEW
77-/Ch, 7J.i/e> P,e:Of"ERTY IS NOT A f"A/R.T OF 77-/AT BEAR? /'
5U8DIVI.!!;/ON. !<-EFEii?t=NCE TO LOT / If':; MADE IN THENet.
ORIGINAL DOCUMENT:::; AND IN DISTR.JCT Ccx..JR.T THENCE.
0f<DER.. NO, P-123?J AND THE~E'~E /'=:J C.4R:R/ED mENCE
~WARD I~DE~If'770N~ OrAD :'-~,t..B f"~L~/r:",
~ ' 8{~A*~~0
'ENCE.
(NOTt:~ 77-1/5 DE<SCR/P7701Y I~ 7AKEN ve:lR8A.nM FRoM
EXH/8/T B Or f'ROlYtTE fK). 1"'-/2 ':?~ IN THE Dle7R.CT
COUR; FOR. PITKIN c:.cvNT'r; CDLoIe.A1XJ, WHICH CONTAIN'=:>
T'T7't:;X:;;<!APHICAL ERPoR!:;J 7tJ WIT<
/) f:4!<CEL/I 17 ~FER.f<!.ED TO IN7l-fE f"IeEAMCI.EA5
8071-1 '/"A;a::cL. q AIVD NT!VCT/ !
2) TIE CJEARINt; "63~'11'roNW' SHOULD BE
"6.3tlOO'OO"'W'. )
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Letter: Colas Condominium. PI....
Notes and explanations to be included in tbe Colas Condominium Plat:
Certificate of Substantial Completion of Units:
I certify that all structural components of all buildings containing or comprising any units
with horizontal unit boundaries are substantially completed per CRS 38-33.3-201 (2),
Name of Registered Engineer, Land Surveyor' or Architect Date
N.B. A section view through the building, plus a plan view of the floor containing the ADUs would be
the more desirable means of representing the location of the ADU s in each house, however, an
explanatory note on the plat giving the location and dimensions of each ADU would suffice to convey
the infonnation, As required by the AspenlPitkin County Housing Office, reference to agreements
pertaining to the ADUs,..
Non-Conforming Conditions - Condominiums:
City approval of this condominium plat does not grant any right to continue any
non-conforming installation of features or improvements nor approve any existing
or future encroachment.
Flood Plain Designation:
This property is located on the Pitkin County, Colorado and Incorporated Areas,
Flood Insurance Rate Map, Panel No, (*) , dated June 4, 1987, This
property is within Zone(s) (**) identified as an area (***)
"X" (unshaded)
multiple designations
08097 C0201 C; 08097 C0203 C;08097 C0204 C; or 08097 C0212 C
~ (***) Description
"A" within the 100 yr flood plain, no base flood
elevations determined
within the 100 yrflood plain, base flood elevations
detennined
within the 100 yr flood plain, flood depths of I to 3
ft, base flood elevations detenniI1ed
"X" (light shading) within the 500 yr flood plain, area of 100 yr flood,
average depths ofless than I ft depth, etc,
outside the 500 year flood plain
divided between multiple flood plain zones which
are ..'
"AE"
(*)
(**)
".AH"
Condominiums - Changes to Units:
Prior to the issuance of a certificate of occupancy or conveyance of any condominium unit
with unconstructed, relocated or modified walls, ceilings, floors, or specifically identified
features which define the dimensions of any unit, common element, or limited common
element, etc" a revised condominium plat shall be filed with the Aspen City Engineer and
recorded with the Office of the Pitkin County Clerk & Recorder,
L1298.DOC
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TRANSMITTAL MEMORANDUM
To:
Thru:
From:
Date:
Re:
Paul Taddune, Esq. (for applicant)
.......-1ulie AIUl Woods, Deputy Community Development Director
Ross C. Soderstrom, Project Engineer ; C5
July 10, 1998
Colas Condominium Plat
RECEIVED
,Hit 1 ,~ 1998
ASPEN I l-'l rKIN
COMMUNITY DEVELOPMENT
Physical Address:
Parcel No(s).:
Park Avenue, Aspen, CO 81611
N/A
No, of Sheets in PlatlMap:
I
Dated: May 5, 1998
These are the items remaining to be completed:
Make corrections indicated on plat / map
Set & flag swyey monuments for field verification. Have representative / surveyor call myself (920-5087)
to schedule field verification after setting & flagging monuments,
Include complete descriptions of all monuments found or set
Provide basis of bearings, per State Board of Registration Policy
Complete / correct legal description ofparcel(s), easements, etc. inclnding acreage to 1/1,000 Ac for entire
development and each lot, parcel, outlot, tract, etc.
Provide 100 Y r. Flood Plain delineation; flood study information and date; datum and reference benchmark
identification and elevation
Complete / correct legend and symbols
Include attached notes to plat / map
Revise certificates / signature blocks as indicated
Depict easements with dimensions and recording information
Complete right-of-way information: dimensions
Other: Mr. Taddune: The items shown on the marked plat should be completed and corrected with any
other additions and corrections of new or changed information resulting from completion of the requirements of the
development approvals and regular subdivision and condominium platting/development requirements. These corrections
should be the last unless there are some conditions which have not been unfilled or other information which has not been
presented to me,
Re-submit L-J copies of sheets
for review before preparing record copies for recording
of plat! map
Submit two (2) complete fwal, record copies on mylar or velum for recording. Include check payable to
Pitkin County Clerk & Recorder for the recording fees for one (I) complete copy of the plat /
map (second copy remains in files of City Engineering Dept.).
8 1/2" x II": agreements, etc. first page - $6.00, additional- pages $5.00
larger than 8" x 14". plats: first sheet - $11.00, additional sheets. $10.00
larger than 8" x 14" - surveys: first & additional sheets - $20.00 each
Other: verify with Pitkin County Clerk & Recorder for recording fee schedule
DRCIO.98,DOC
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Ross Soderstrom, O~.::. AM
~~
10/6/98 , Colas Con~_ ~_at
X-Sender: ross@comdev
Date: Tue, 06 Oct 1998 09:34:35 -0600
To: ju1iew@ci.aspen.co.us
From: Ross Soderstrom <ross@ci.aspen.co.us>
Subject: Colas Condo Plat
Julie:
I believe you were handling this case also.
Date: Tue, 06 Oct 1998 09:12:17 -0600
>To: Schickling. Rebecca, Thomas.Sara, Krueger.John
>From: Ross Soderstrom <ross@ci.aspen.co.us>
>Subject: Colas Condo Plat
>
>Becca, Sara & John:
>1 have the revised condo plat for Colas Condominiums which appears to have
nearly everything expect parking spaces and references to a couple
easements. Do any of you wish to review this before they make mylars? If
so, I have a second copy of the draft plat. Paul Taddune is calling me
daily so you will need to speak up quickly by this Thursday. There will be
an "as built" plat recorded once the units are completed to show the
dimension of the buildings themselves - this plat only shows the footprint.
>
>Sara: How many parking spaces should be included for two townhouse condos
each with an ADD?
>
>John: One more time, has the trail eastment agreement been recorded? If
so, the recording info. please.
>
> I have the recording info for the access, emergency access, landscaping,
and sanitary sewer easements which pertain to the property but are not
shown
on the plat.'
>
>
Ross S.
IPrinted for Julie Ann Woods <juliew@ci.aspen.co.us>
1