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pitkin.planning.273707102001
€~~~Jl~~Iad 1 ~~~~~J ~ec~n~ar~,~ gheet ~~esol~taon for the ~CCC aFt~iov Pe fTrefnaace for the ~QCC amd/©v Pez~ Ebetevnrgaatyon fov the ~eavezFn flffeeer ~4.d~acnnastratnve EDeter~f~atPan staff 1Q1'eu~o ~pp6ecatuom Pe~hflae IV®face, Aecepta~ee L,et4ev, I~.eferva6(s) Letten- bite Pram 1F'fisce£laneo~zs Put(s) ;,:,, -~ Parcel ID: 2737-07-1-02-001 Application Date: 8/4/08 Case No: PO98-08 Description: Planner: Suzanne Wolff # Copies: 9 Allocated Hours: 16 Project Address: 50 SPRUCE CT, ASPEN, CO 81611 % Over Hours: 9.2 Property Owner: LEDDY Owner's REP: MITCH HAAS REP's Email: Referrals: ALL OTHER REFERRALS Comments Due Date: 09126/2008 Address: 50 SPRUCE CT Owner Phone: ASPEN, CO 81611 Address: 201 N MILL ST, SUITE 108 REP's Phone: (970) 925-7819 ASPEN, CO 81611 Other Referrals: housing 09/26/08 comments Meetings: 1st Meeting: Meeting Date: 10/14/2008 Review Body: p&z Public Hearing? no Notice Date: Meeting Notes: 2nd Meeting: 12/03/2008 bocc yes 11/02/2008 3rd Meeting: 12117/2008 bocc no Approvals: BOCC Resolution #: 139-2008 #555334 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Otherlnformation: VR Approval Date: 1 211 7/2 0 0 8 Plat Recorded Date: 10/22/2009 VR Expires Date: 12/17/2011 Plat (Bk, PG): 692 P24-25 #563853 Remarks: Covenant #563855 Application Type: Subdivision Detailed Submission GMOS Exemption Minor Special Review caretaker Dwelling Unit (CDU) Subdivision Final Plat COVENANT IN ASSOCIATION WITH THE PITION COUNTY 2007 URBAN GROWTH BOUNDARY RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM NEW LO'1~ ALLOTMENT AWARDED TO LOT 2, LEDDY-COOPER SUBDIVISION THIS COVENANT is made this ~s~day of-3~ 2009, by Thomas A. Leddy and Leslie T. Cooper (hereinafter "the Owners"), whose address is 704 Spruce Street, Aspen, CO 81611 for the benefit of the Pitkin County, Colorado (the "Count}~~. RECITALS: WHEREAS, the Owners own that certain real property legally described as Lot 1, Smuggler Subdivision, Pitkin County, Colorado, according to the map filed in the office of the Pitkin County Clerk and Recorder in Plat Book 4 at Page 286 (hereinafter the "Ptopert}~~; and WHEREAS, pursuant to Pitkin County Board of County Commissioners (hereinafter the "BOCC") Resolution No. 017-2008 (Reception No. 547077), the Owners received Conceptual Subdivision approval to subdivide the Property into Lots 1 and 2 of the Leddy-Cooper Subdivision; and WHEREAS, on September 4, 2007, an application (hereinafter the "Application's was submitted for a Growth Management Quota System (GMQS) allotment of 9,350 square feet of floor area for a single family residence and customary accessory structures on Lot 2 of the Leddy-Cooper Subdivision (hereinafter "Lot 2'~ through the 2007 Urban Growth Boundary Residential GMQS scoring and competition procedures for new lots and parcels; and WHEREAS, the Planning and Zoning Commission of Pitlan County ("the Commission's awazded a score of 20 points to the application, which exceeded the minimum threshold total score as well as the minimum threshold score for each scoring category; and WHEREAS, the BOCC accepted the recommended scoring of the Commission and passed Resolution No. 006-2008 (Reception No. 546115) awarding the requested allotment of 9,350 square feet of floor area for the new lot on the condition that the Owners record a covenant documenting the representations made in the Application requesting the allotment and resulting in the approved scoring. The Application contained representations malting it cleaz that the Applicant's intent was to receive an allotment that would allow for development of the property's final maximum floor area of 9,923 square feet, however, a misunderstanding as to the County's floor area calculation rules and the associated requirements for such a development led to the awazding of an inadequate allotment. Further, County staff misunderstood the Applicant's intention and representations, and as a result, did not correct the amount of square footage needed for the Allotment. The Applicant submitted a request for Minor Amendment to the Growth Management Allotment making clear that the total allotment should be for 9,923 square feet, of which 5,173 square feet are floor area and the other 4,750 square feet are exempt spaces (750 square feet of garage and 4,000 squaze feet of sub-grade space). Such Minor Amendment was approved by Administrative Decision No: 32-2004 recorded at Reception No. 559209: and RECEPTION#: 563855, 10122/2009 at 01:05:58 PM, 1 OF 7, R $36.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO WHEREAS, the BOCC approved Detailed Submission, Final Plat and a Caretaker Dwelling Unit by Resolution No. 139-2008 (Reception No. 555334) for the Property. NOW, THEREFORE, the residential square footage allocation is conditioned upon, and no building permit to utilize the awarded square footage shall be issued until, the following covenants detailing the representations made in the applicafion and recognized by the Commission through the award of points have been recorded in the Office of the Pitkin County Clerk and Recorder. 1.0 General 1.1 Development on Lot 2 of the Leddy-Cooper Subdivision shall be in accord with the conditions and limitations of BOCC Resolution No. 017-2008 and Resolution No. 139- 2008, as may be amended. 1.2 Lot 1 is considered the fathering parcel and retains the original development right. Lot 2 has a Growth Management Quota System Allotrnent of 9,923 square feet and the owner thereof may develop a residential shvchu~e up to a final maximum size of 9,923 square feet of area, with 5,173 square feet of such area being countable floor area and the remaining 4,750 square feet of such area being comprised of exempt spaces (4,000 square feet of below grade space and 750 square feet of garage space). 2.0 Impacts on Public and Private Facilities 2.1 In any primary structure built on Lot 2, Owners will install an engineered automatic fire suppression system (sprinklers) meeting the requirements of the fire code. If necessary, a pump will be installed to ensure adequate pressure. 2.2 Upon the sale of the first of either of the two lots in the I,eddy-Cooper Subdivision, Owners shall provide to the Pitkin County Open Space and Trails Department $15,000 to be applied to the financing of planned improvements to the Lani White trail. 2.3 Upon the sale of the first of either of the two lots in the teddy-Cooper Subdivision, the Owners shall-contribute up to a maximum of $70,000 toward drainage improvements in the Spruce Street right-of--way along the frontage of the Property and the immediately adjacent and uphill property to the eastern edge of the access driveway for the property located uphill from the Property. The funded improvements may include fees for the engineering and design of the improvements. The improvements, to the extent then-necessary, will include: (1) re-construct the drainage Swale and provide stabilization measures to slow the runoff and soil erosion between the driveway entrance to the Property and the driveway to the east of the entrance to the Properly (Imown as 909 Spruce Street, Randall Park Subdivision, Lot Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 2 of 7 1, Aspen, CO); (2) install a drainage pan at the driveway entrance to the Properly with flatter grades; and (3) replace the portion of the Spruce Street asphalt pavement immediately south of the Property. Such funds may be expended by the Owners during or immediately after construction of a residence on Lot 2 or may be paid to Pitkin County for use by Pitkin County for the above-described purposes. 2.4 Upon the sale of the fast of either of the two lots in the Leddy-Cooper Subdivision, the Owners shall fund and coordinate upgrading of the City of Aspen's Smuggler Trailer Pazk bus stop facilities (at the intersection of South Avenue and Park Circle) with minor improvements such as a concrete pad for a new bench, the new bench itself, a beaz-proof trash wntainer, and other minor amenities (not including a bus shelter). Part of Owners' coordination responsibilities will include selection of materials, establishment of a budget and choice of a contractor for approval by the City Transportation Programs Director. The Owners shall further see to the implementation of the approved plan with the oversight of said Director. 3.0 Effects on the Environment 3.1 Owners commit to the development of the new home on Lot 2 of the Leddy-Cooper Subdivision achieving Leadership in Energy and Environmental Design (LEED) certification for Homes from the U.S. Green Building Council (USGBC). 3.2 'The Owner's contractor shall implement a construction management plan (CMP) aimed at minimizing disturbance to the neighbors by reducing impacts associated with construction while allowing work to proceed in such a manner as to avoid prolonging construction periods. At a minimum, the CMP shall include the following measures: 3.2.1. Travel Demand Measures (TDM) and Traffic Control Ptogram: Delivery of construction raw materials will be prohibited during the peak traffic periods for Aspen; this will limit such delivery access to the site from 8:00 AM to 9:00 AM, and from 3:00 PM to 6:00 PM. Exceptions to this will be scheduled concrete pours and other time-sensitive deliveries. • Sub-contractors will be issued a limited number of parking permits for their workers. The general contractor will be required to provide a pazking plan with the individual construction sub-contracts. • Contractors will be required to provide some van-pooling or caz pooling programs as part of their construction contract. Reduction in payment provisions for failures to comply shall be incorporated into the contracts. • To the greatest extent possible, raw materials will be stockpiled on site to try to consolidate deliveries of materials in lazger quantities (e.g., gravel). The storage azea will be located within the Activity Envelope and/or at the existing structure on the Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 3 of 7 property, and will be utilized for bulk storage of material and equipment and the secure storage of tools. • The general conhactor shall be responsible for monitoring delivery and contractor compliance with the TDM program. The general contractor shall establish a program to monitor all such traffic and establish procedures to ensure compliance with the TDM program. The program shall include enforcement measures: pazking on neighborhood streets and Spruce Street will be prohibited. 3.2.2 Fugitive Dust Control Plan: Dust control will be implemented finm the start to the finish of each constmction season until projects aze complete. The general contractor will be required to assume all responsibility for dust control and shall carry out proper and efficient measures wherever and whenever dust control is necessary, thereby minimizing dust damage and nuisance to persons and property. The general contractor will also be required to control dust at the work site by the use of a water truck or an effective palliative using such dust-laying equipment and methods as may be required. To the greatest extent possible, raw material deliveries to and from the site will be water sprayed or covered with tarpaulins as necessary to additionally minimise dust and dirt from construction operations. 3.2.3 Notification Plan: No work will commence until the utility company has located the utilities or written consent to proceed has been issued. If utility service must be interrupted, the general contractor will be required to notify the appropriate County authorities and the affected utility users at least twenty-four (24) hours prior to interruption. Notice will consist of the contractor's posting of prominent and easily read signs and personally contacting affected neighbors. 3.2.4. Noise Control: The general contractor will be required to comply with all applicable noise control regulations, including the Pitkin County Noise Abatement Ordinance. All construction equipment operations shall be scheduled to operate only during daylight hours (i.e., 7:00 am to 7:00 pm), Monday through Saturday. 3.2.5. Additional Measures: • All construction waste shall be sorted into recyclable and non-recyclable bins for pick-up. • As much excavation material as possible will be utilized on site for landscaping to minimize the need to take excavation materials off-site. • To the extent practicable building waste will be chipped on site, requiring fewer trips to the landfill or recycling center. Site disturbances will be minunized and any areas to be disturbed will be revegetated with native species. 4.0 Recordation Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 4 of 7 Once fully executed, this Covenant shall be recorded in the office of the Pitkin County Clerk and Recorder. At any time after the satisfaction of all of the requirements of Section 2.0 and 3.0 (that is after sale of either Lot 1 or 2 by Leddy and Cooper to any third party purchaser and after construction of a home on Lot 2), the Owner of either Lot 1 or Lot 2 may prepare and provide to the County for its signature a document acknowledging the satisfaction of all requirements of Section 2.0 and 3.0 and releasing the parties from any fiuther obligations under this Agreement and declaring this Agreement of no further force and effect and the County shall sign and deliver such document for recording. 5.0 Notices Notices to the parties shall be sent by United States certified mail to the address set forth below or to any other address which the parties may substitute in writing. Thomas A. Leddy and Leslie T. Cooper 704 Spruce Street Aspen, CO 81611 County Manager 530 East Main Street Aspen, Colorado 81611 Pitkin County Attorney 530 East Main Street Aspen, Colorado 81611 6.0 Binding Effect The provisions of this Covenant shall run with and constitute a burden on the Property and shall be binding on and inure to the benefit of the Owner, the County and their respective successors, personal represerrtatives, and assigns. 7.0 Amendment This Covenant may be altered or amended only by written instrument executed by the parties, upon approval by the BOCC. 8.0 Severability If any of the provisions of this Covenant are deternvned to be invalid, it shall not affect the rema Wing provisions hereof. Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 5 of 7 9.0 Enforcement Owner hereby agrees that in any adjudicated controversy concerning this Covenant, the prevailing party is entitled to its costs and reasonable attorney's fees. Failure to enforce this Covenant does not constitute a waiver of any rights to commence enforcement. PITKIN COUNTY APPROVED AND AGREED TO: /X ~d ~ n ~~ ~' CI-(- Cindy~ben,~Commumty Deve opment Drector,,, ~ STATE OF COLORADO )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me thisC~~ay of ~, ~i a , 2009, by Ciss~Floabeh, Community Development Department Director. `"~~ f-a,,, oe CIAO. Witness my hand and official seal. My commission expires: BONNIE L Notary Public ,. ~.~ m rn [Owners' signatures on following page] My Cmmission Erp'ves tOro5R009 Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 6 of 7 OWNERS: Thomas iA. Leddy v'« Leslie T. Cooper STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was aclaiowledged before me this ~~day of ~u 2009, by Thomas A. Leddy and Leslie T. Cooper, Owners of the Property. Witness my hand and official seal. My commission expires: /O~ O /Z ~Q!/ No NATALLIA F. My Canmaaim Expires 101021!011 Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 7 of 7 ~_ .~ `~ O v RESOLUTION OF THE BOARD OF COUNTY COM1'I>VIISSIONERS OF PITKIN COUNTY ,~ , COLORADO APPROVING THE LEDDY-COOPER SUBDIVISION DETAH.ED o O o' SUBMISSION/FINAL PLAT AND CARETAKER DWELLING UNlT ,~°, ~ x Resolution No.(~-2008 Da ~ v = RECITALS ~ ov c° ~ 1. Thomas Leddy & Leslie Cooper ("Applicant") have applied to the Board of County Commissioners of °o w Pitkin County, Colorado ("BOCC") to request subdivision detailed submission and final plat approval ~ ¢ w ~ to divide the property into two lots and to obtain approval for a caretaker dwelling unit on the new lot. F .- ~Y w A U 1+! ,,; ~ LL. C 2. The property is located at 704 Spruce Sheet, and is legally described as Lot 1, Smuggler Subdivision. ~ o ~ i 3, The lot is zoned R-30 and contains 2.12 acres, and is located within the Urban Growth Boundary, 4. The BOCC granted a growth management allotment of 9,350 square feet of floor area for a single family residence on the newly subdivided lot, pursuant to Resolution No. 006-2008. Tho BOCC granted Subdivision Conceptual Submission approval and established an activity envelope, pursuant to Resolution No. 017-2008. 5. The Pitkin County Planning and Zoning Commission aonsidered the proposed application at a regularly scheduled meeting on October 14, 2008, and recommended approval by a vote of 4-0. 6. The BOCC considered the proposed application at a duly noticed public hearing on December 3 and a regular meeting on December 17, 2008. 7. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the Leddy-Cooper Subdivision Detailed Submission/Final Plat and Caretaker Dwelling Unit, subject to the following conditions, which shall mn with the land and be binding on all successors in interest: 1. All material representations made by the Applicant in the application and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. The Applicant shall adhere with the conditions of Resolution Nos. 006-2008 and 017-2008 unless otherwise replaced or amended by the conditions of this approval. 3. The Final Plat and associated documents shall be recorded within 180 days of the date of this approval. 4. The caretaker dwelling unit shall be limited to not more than 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of two off-street parking spaces shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 1 Resolution No. ~-2008 Page 2 ~'~, ~i 5. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shat! record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit. 6. Failure to comply with the conditions of this approval may result in revocation of this appraval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 7, Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use ode § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on I 2011. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 2nd day of November, 2008. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 3`d day of December, 2008. APPROVED AND ADOPTED AFTER SECOND READING on the 17d' day of December, 2008. PUBLISHED AFTER ADOPTION in the Ascen Times Weeks on they ~ day of OG 2008. ruC. ~~AA dz„ C{~ Windy Houben Community Development Director P098-08 PID 273707102001 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By ~( Jack Hatfiel hair~jij-I(/ APPROVED AS TO FORM: John EI Attorney MEMORANDUM TO: Board of County Commissioners Regular Meeting -December 17, 2008 L THI2U: Cindy HobU~~, Community Development Director FROM: Suzanne Wolff, Senior Planner RE: Leddy-Cooper Subdivision Detailed Submission and Final Plat, and Special Review for a Caretaker Dwelling Unit, Second Reading SUMMARY OF REQUEST: The Applicant is requesting detailed submission and final plat approval to subdivide the property into two lots and to obtain special review approval for a caretaker dwelling unit. The BOCC approved [he application on first reading on December 3, 2008. APPLICANTS: Thomas Leddy & Leslie Cooper REPRESENTATIVE: Mitch Haas LOCATION: 704 Spruce Street; Lot 1, Smuggler Subdivision ZONING/LOT SIZE: The lot is zoned R-30 and contains 2.12 acres. RECOMMENDATION: Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the application on second reading, subject to the conditions in the attached Resolution. a~ 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE LEDDY-COOPER SUBDIVISION DETAILED SUBMISSION/FINAL PLAT AND CARETAKER DWELLING UNIT Resolution No. -2008 RECITALS 1. Thomas Leddy & Leslie Cooper ("Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to request subdivision detailed submission and final plat approval to divide the property into two lots and to obtain approval for a caretaker dwelling unit on the new lot. 2. The property is located at 704 Spruce Street, and is legally described as Lot 1, Smuggler Subdivision. 3. The lot is zoned R-30 and contains 2.12 acres, and is located within the Urban Growth Boundary. 4. The BOCC granted a growth management allotment of 9,350 square feet of floor area for a single family residence on the newly subdivided lot, pursuant to Resolution No. 006-2008. The BOCC granted Subdivision Conceptual Submission approval and established an activity envelope, pursuant to Resolution No. 017-2008. 5. The Pitkin County Planning and Zoning Commission oonsidered the proposed application at a regularly scheduled meeting on October 14, 2008, and recommended approval by a vote of 4-0. 6. The BOCC considered the proposed application at a duly noticed public hearing on December 3 and a regular meeting on December 17, 2008. 7. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the Leddy-Cooper Subdivision Detailed Submission/Final Plat and Caretaker Dwelling Unit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. All material representations made by the Applicant in the application and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. The Applicant shall adhere with the conditions of Resolution Nos. 006-2008 and 017-2008 unless otherwise replaced or amended by the conditions of this approval. 3. The Final Plat and associated documents shall be recorded within 180 days of the date of this approval. 4. The caretaker dwelling unit shall be limited to not more than 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of two off-street parking spaces shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. c, Resolution No. _-2008 Page 2 5. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 7. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on .2011. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 2"d day of November, 2008. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 3`d day of December, 2008. APPROVED AND ADOPTED AFTER SECOND READING on the 1 T" day of December, 2008. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the day of , 2008. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: ~, iri_~~ ~ ~~~ ~v c+~ Cindy Houben Community Development Director Jack Hatfield, Chair APPROVED AS TO FORM: John Ely County Attorney P098-OS PID 273707102001 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By 13 MEMORANDUM TO: Board of County Commissioners Regular Meeting -December 3, 2008 ~~~~~ THRU: Cindy Houben, ommunity Development Director FROM: Suzanne Wolff, Senior Planner RE: Leddy-Cooper Subdivision Detailed Submission and Final Plat, and Special Review for a Caretaker Dwelling Unit, First Reading and Public Hearing SUMMARY OF REQUEST: The Applicant is requesting detailed submission and final plat approval to subdivide the property into two Tots and to obtain special review approval for a caretaker dwelling unit. The Planning Commission recommended approval on October 14, 2008 by a vote of 4-0. The staff memo to the Commission, which fully addresses the review criteria, and the minutes from the meeting are attached for reference. No issues have been raised. APPLICANTS: Thomas Leddy & Leslie Cooper REPRESENTATIVE: Mitch Haas LOCATION: 704 Spruce Street; Lot 1, Smuggler Subdivision ZONING/LOT SIZE: The lot is zoned R-30 and contains 2.12 acres. RECOMMENDATION: Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the application, subject to the conditions in the attached Resolution. Attachments: A) 10/14/08 Staff memo to Planning Commission B) 10/14/08 Planning Commission minutes Application and draft Final Plat provided separately RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE LEDDY-COOPER SUBDIVISION DETAILED SUBMISSION/FINAL PLAT AND CARETAKER DWELLING UNIT Resolution No. -2008 RECITALS 1. Thomas Leddy & Leslie Cooper ("Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to request subdivision detailed submission and final plat approval to divide the property into two lots and to obtain approval for a caretaker dwelling unit on the new lot. 2. The property is located at 704 Spruce Street, and is legally described as Lot 1, Smuggler Subdivision. 3. The lot is zoned R-30 and contains 2.12 acres, and is located within the Urban Growth Boundary. 4. The BOCC granted a growth management allotment of 9,350 square feet of floor area for a single family residence on the newly subdivided lot, pursuant to Resolution No. 006-2008. The BOCC granted Subdivision Conceptual Submission approval and established an activity envelope, pursuant to Resolution No. 017-2008. 5. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly scheduled meeting on October 14, 2008, and recommended approval by a vote of 4-0. 6. The BOCC considered the proposed application at a duly noticed public hearing on December 3 and a regular meeting on December 17, 2008. 7. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the Leddy-Cooper Subdivision Detailed Submission/Final Plat and Caretaker Dwelling Unit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. All material representations made by the Applicant in the application and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. The Applicant shall adhere with the conditions of Resolution Nos. 006-2008 and 017-2008 unless otherwise replaced or amended by the conditions of this approval. 3. The Final Plat and associated documents shall be recorded within 180 days of the date of this approval. 4. The caretaker dwelling unit shall be limited to not more than 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of two off-street parking spaces shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. r_. ~a~~~~ Resolution No. -2008 Page 2 - Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on 2011. NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 2"d day of November, 2008. INTRODUCED AND FHtST READ AT A PUBLIC HEARING on the 3`d day of December, 2008. APPROVED AND ADOPTED AFTER SECOND READING on the day of , 2008. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the day of , 2008. BOARD OF COUNTY COMMISSIONERS, PITKCN COUNTY, COLORADO ATTEST: By Jack Hatfield, Chair Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: air C ®./CK Cind Houben Community Development Director APPROVED AS TO FORM: John Ely County Attorney P098-OS PID 273707102001 OO~ft0~3 MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Senior Planner RE: Leddy-Cooper Subdivision Detailed Submission and Final Plat, and Special Review for a Caretaker Dwelling Unit DATE: October 14, 2008 SUMMARY OF REQUEST: The Applicant is requesting detailed submission and final plat approval to subdivide the property into two lots and to obtain special review approval for a caretaker dwelling unit. APPLICANTS: Thomas Leddy & Leslie Cooper REPRESENTATIVE: Mitch Haas LOCATION: 704 Spruce Street; Lot 1, Smuggler Subdivision ZONING/LOT SIZE: The lot is zoned R-30 and contains 2.12 acres. EXISTING CONDITIONSBACKGROUND: The property currently contains a single family residence, detached garage and two small outbuildings. The Salvation Ditch forms the eastern boundary of the property and Williams Woods abuts the property to the west. There is an access easement and driveway across the property that serves the residence to the north (Balderson). The BOCC granted a growth management allotment of 9,350 square feet of floor area on a new lot in the 2007 UGB Residential GMQS competition for new lots/parcels, pursuant to Resolution No. 006-2008. The BOCC then granted Subdivision Conceptual Submission approval and established an activity envelope, pursuant to Resolution No. 017-2008. REFERRAL COMMENTS: Comments from Housing are attached for reference. STAFF COMMENTS: GMQS EXEMPTION FOR CARETAKER DWELLING UNIT: The Applicant haS requested approval fei a caretaker dwelling unit. Pursuant to Subsection 6-30-40(2)(C), one CDU of up to 1,000 square feet of net livable square feet is exempt from growth management, subject to special review and the following criteria: • The floor area of the caretaker unit shall be included in the total allowed floor area. • Two pazking spaces shall be provided. • The unit shall be deed restricted for use by qualified employees as defined in the Housing Guidelines or members of the owner's immediate family. • The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. • The caretaker dwelling unit must have separately accessible utilities. This does not preclude shazed utilities. Iv~ ~~-~~~ ~O~~~Or~ The Applicant will comply. Housing recommends approval of the CDU. SPECWL REVIEW: Special Review approval is required to construct a caretaker dwelling unit, subject to compliance with the following standards. A. The special review use shall be consistent with the applicable County Master Plan. Response: The development of a caretaker dwelling unit is consistent with the Aspen Area Community Plan. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The proposed CDU does not conflict with the applicable provisions of the Code, as specified within [his memorandum, or with the County land use policies. C. The proposed development must not materially endanger the public health, safety or we fare. D. The proposed development must not substantially injure the value of adjoining or abutting property Response: Staff has no information that would indicate that the CDU would endanger the public health, safety or welfare, or injure the value of adjacent properties. D. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: The intent of the R-30 zone district is to "provide areas for suburban density, single family and duplex residential dwelling units with customary accessory uses." The proposed caretaker dwelling unit is consistent with the intent of the zone district. E. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: A CDU is compatible with the residential character of the surrounding azea. The neighborhood is comprised of a mix of free market and deed restricted housing. F. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse e,~ects, including visual impacts, impacts on pedestrian and vehicular circulation, traj~c generation, parking, trash, service delivery, air/water pollution or other impacts. on natural resources, noise, vibrations and odor on surrounding properties. Response: The proposed residential CDU is compatible with surrounding residential uses, and additional impacts associated with the CDU will be minimal. G. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: There are adequate facilities and services to serve the caretaker dwelling unit. Utilities are already in place. ~0'f+05 K The proposed special review use must comply with any additional standards or requirements stated for such use irr Sec. 4-30 and/or Sec. 2-40-20. Response: The standards from Sec. 4-30 are addressed above, and no standards from Sec. 2-40-20 are applicable. SUBDIVISION CRITERIA FoR APPROVAL: Sec. 2-40-50(i) states that a conceptual or detailed subdivision or PUD application may be recommended for approval and may be approved only if the Board finds that all of the following criteria have been met: 1) The application complies with all applicable provisions of this Land Use Code; 2) The application complies with all applicable Land Use Policies Zisted in Sec. I-60; Response: The application complies with the applicable provisions of the Code and the policies. 3) The application complies with all prior development approvals applicable to the subject property; Response: The application complies with the prior conceptual subdivision and GMQS approvals. d) The proposed subdivision is consistent with mrd implements the intent of the zone district(s) in which it is located; Response: The subdivision is consistent and implements the intent of the zone district to accommodate suburban density residential development. S) The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision or PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code; Response: The property does not contain any riparian or critical wildlife habitat areas. The Applicant states that land disturbance will be minimized and open space will be maximized. 6) The proposed subdivision or PUD will not result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts wild be substantially mitigated; 7) The proposed subdivision or PUD will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated,' Response: The subdivision will not result in significant adverse impacts on the environment or adjacent properties, and any impacts will be mitigated. Response: 8) Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development; Response: Adequate facilities and services are available. ~U'v:~~lb 9) In addition, a rezoning to a PUD designation shall only be recommended or approved if the Planning and Zoning Commission or the Board of County Commissioners, as applicable, determines that the standard criteria for a rezoning set forth in 2-40-10(c) have been met. Response: No rezoning is proposed. In addition, the subdivision must comply with the provisions of Sec. 7-70 of the Code. Sec. 70-70-20 requires that the subdivision be generally consistent with the applicable provisions of the Comprehensive Plan for the area in which the land is located and shall comply with all requirements for the zone district in which the land is located. The proposed subdivision is consistent with the Aspen Area Community Plan and the R-30 zone district. Sec. 7-70-30 states that a subdivision shall not be approved "if the indicated staging of development will generate service or facility demands in advance of the fiscal and physical ability of the County or districts to provide within their budgets." The proposed development of one additional single family residence is not anticipated to generate service or facility demands that cannot be met within existing budgets. Sec. 7-70-40 states that a subdivision shall only be approved "if any special road construction, improvement or maintenance cost assignable to the proposal and to be borne by the County at large can be met within both short-term and long-term County budgets without tax increases that might otherwise be unnecessary." No road improvements are necessitated by the development. A road impact fee will be paid by the new residence. Sec. 7-70-50 states that a subdivision shall only be approved "if any utility or facility to be provided by the developer for acceptance and future operation and/or maintenance by the County, or any district within the County is planned, designed and constructed and prior to its acceptance by the County or district, operated and maintained in a manner that protects the public from any expenses to correct deficiencies in the utility or facility." Sec. 7-7-60 states that a subdivision shall only be approved "if the location and layout of the proposal are such that necessary public facilities can be provided to the area without the need for additional public expenditures for service expansions." The existing infrastructure is adequate to serve the development. Sec. 7-70-70 states that a subdivision shall only be approved "if the short-term construction impacts on roads, fire and police substations, schools, public services such as solid waste collection, snow removal and public transportation have been or will be mitigated by the developer." The Applicant has committed to mitigate all short-term construction impacts. Sec. 7-70-80 requires an Improvement Agreement between the Applicant and [he County to confirm compliance with these provisions. The Applicant has provided a draft Improvement Agreement; however, it is staff's opinion that the SIA is unnecessary because the Applicant is not providing any public improvements. CONFORMANCE WITH CONCEPTUAL SUBMISSION APPROVAL (BOCC Resolution No. 017-2008): Below are the conditions that are required to be satisfied as part of a Detailed Submission or Final Plat application. The other conditions of the Conceptual Submission approval are to be satisfied at the time of building permit submittal. The Applicants have indicated their intent to comply with all of those conditions. A copy of the Conceptual Subdivision Resolution of approval is included in the application. - Condition No. 2: With the Detailed Submission/Final Pdat application, the Applicant shall (A) Provide a draft Improvements Agreement, and (B) Submit will serve letters from the utility compmties. Response: The Applicant has submitted a draft Subdivision Improvements Agreement; as noted above, staff finds that an SIA is unnecessary. Will serve letters were provided at the time of Conceptual Subdivision approval. Condition No. 3: The following shall be delineated on the Final Plat: (A) An easement for the City of Aspen water main, and (B) An access easement across Lot I to beneftt Lot 2. Response: Easements for the water main and access across Lot 1 are delineated on the draft plat. STAFF'S RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners subject to the following conditions: 1. All material representations made by the Applicant in the application and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. The Applicant shall adhere with the conditions of Resolution Nos. 006-2008 and 017-2008 unless otherwise replaced or amended by the conditions of this approval. 3. The Final Plat and associated documents shall be recorded within 180 days of the date of this approval. 4. The caretaker dwelling unit shall be limited to not more than 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of two off-street parking spaces shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 5. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 7. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2 ?0-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on 201 I. Attachments: A) Housing Application and draft Final Plat provided separately MEMORANDUM TO: Suzanne Wolff, Community Development Deparhnent FROM: Cindy Christensen, Housing Office DATE: September 26, 2008 RE: Leddy/Cooper S/D Detailed Submission, Special Review for a CDU Parcel ID No. 2737-071-02-001; P098-08 ISSUE: The applicant is seeking approval to construct an attached or detached cazetaker dwelling unit. CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), CDU as Permitted Accessory Use, in the RS-160, RS-35, RS-3Q RS-20, AR-IQ AR-2, R-3Q RO15, R-15A and R-6 zone districts one CDU shall be a permitted accessory use provided that: 1. It is attached to asingle-family home (the principal dwelling). The caretaker dwelling unit shall not exceed 1000 net livable squaze feet on lots or pazcels that are 30,000 squaze feet or greater in lot azea, and 700 net livable square feet on lots or parcels that aze less than 30,000 square feet in lot azea. 3. The floor area of the cazetaker unit shall be included in the total allowed floor azea for the lot or parcel of land. 4. One off-street pazking space shall be provided for each caretaker dwelling unit The applicant shall, by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit: a. shall not be required to be rented; b. not be sold or otherwise conveyed or separated from the original pazcel regardless of the ultimate form of ownership of the cazetaker unit; c. be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may be from time to time established, or by members of the owner's immediate family even though they may not qualify as employees of the community; d. shall be rented for terms no less than six months if rented. 6. The cazetaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. ~l®1141~~ Ut 2 tOIIS~O~ 7. The provisions of this regulation are for the purpose of providing a voluntary caretaker dwelling unit on a legally created lot or pazcel in the County. Any unit approved under this provision shall not be used for mitigation of employee housing requirements as established elsewhere in the Land Use Code. A detached CDU may be approved through a special review. RECOMMENDATION: Staff recommends approval of this request under the following conditions: 1. Conditions 1 through 6 stated above are met. 2. The kitchen contains at a minimum a two-burner stove with oven, standazd sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. 3. A deed restriction shall be recorded prior to issuance of a building permit. 4. Floor plans of the CDU shall be provided to the Housing Office prior to building permit approval. 5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an inspection of the unit for compliance. 2 COUNTY PLANNING AND ZONING TUESDAY, October 14, 2008 LIBRARY MEETING ROOM Commissioners Present: Staff Present: John Howard, Chairman Lance Clazke Michael Augello Bonnie Waechtler Mirte Mallory Mike Kraemer Marcella Larsen Suzanne Wolff B. PLAN upcomm Thursday, will be Nc r CALL TO ORDER: Chairman Howard called the Planning and Zoning Commission meeting to order at 5:05 P.M. II. MMENTS: A. MISSIONERS: Commissioner Mallory questioned the amount of dis bance on the Elk Mountain Lodge property. Suzanne Wolff explained that it w huge project, but the wetlands and riparian weren't being disturbed. STAFF: Mr. Clarke informed the Commissioners about an eting on the AABC for the Aspen Area Community Plan on tober 16. The requested work session on GMQS, TDRs and roads Ilber 11. C. PUBLIC: III. MINUTES: The The mind approved IV. NEW BUSINESS: from the P&Z meeting on September 16, 2008, were read. from the P&Z meeting on June 3, 2008, were 1. LEDDY/COOPER SUBDIVISION DETAILED SUBMISSION AND FINAL PLAT, SPECIAL REVIEW AND GMQS EXEMPTION FOR A CARETAKER DWELLING UNIT STAFF PERSON: SUZANNE WOLFF • Applicant: Thomas Leddy and Leslie Cooper • Representative: Mitch Haas ~~ie,, ~ 1 • Summary of Request: The Applicant is requesting detailed submission and final plat approval to subdivide the property into two lots and to obtain special review approval for a cazetaker dwelling unit. Mrs. Wolff proceeded with her presentation as outlined in her memorandum to the Commissioners. Commissioner Augello moved that they recommended approval to the Board of County Commissioners for the LEDDY/COOPER SUBDIVISION DETAILED SUBMISSION AND FINAL PLAT SPECIAL REVIEW AND GMOS EXEMPTION FOR A CARETAKER DWELLING UNIT with staff recommendations. Commissioner Larsen seconded, motion passed 4 to 0. 2~ LITTLE ELK CREEK RIPARIAN SETBACK CODE Applicant: Pitkin County ttepresentative: Pitkin County nary of Request: Proposed reduced ripazian setback for the Elk Creek Subdivision Mr. Clar proceeded with his presentation as outlined in his memoran to the Commissioners. A lengthy dismission on the appropriateness of establishing special setbacks for in idual areas took place. Discussion took pl on requirements for improvement of the riparian habitat. Commissio Larsen would like to see the wording changed on the "mi ht" to "of ne azian habitat would be required" so there would be no question that a re ed setback would require enhancement of habitat. Dale Potrin would ask that th lanning and Zoning a little more lenient with what can be done within t .footprint. Commissioner Augello moved th they recommend approval to the Board of County Commissioners the LITTLE ELK CREEK RIPARIAN SETBACK CODE AM DMENT with staff recommendations and the following nges: Change the last sentence to "creation o ew riparian habitat or enhancement of existing will be require site MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Senior Planner-/~/~ RE: Leddy-Cooper Subdivision Detailed Submission and Final Plat, and Special Review for a Caretaker Dwelling Unit DATE: October 14, 2008 SUMMARY OF REQUEST: The Applicant is requesting detailed submission and final plat approval to subdivide the property into two lots and to obtain special review approval for a caretaker dwelling unit. APPLICANTS: Thomas Leddy & Leslie Cooper REPRESENTATIVE: Mitch Haas LOCATION: 704 Spruce Street; Lot 1, Smuggler Subdivision ZONING/LOT SIZE: The lot is zoned R-30 and contains 2.12 acres. EXISTING CONDITIONSBACKGROUND: The property currently contains a single family residence, detached garage and two small outbuildings. The Salvation Ditch forms the eastern boundary of the property and Williams Woods abuts the property to the west. There is an access easement and driveway across the property that serves [he residence to the north (Balderson). The BOCC granted a growth management allotment of 9,350 square feet of floor area on a new lot in the 2007 UGB Residential GMQS competition for new lots/parcels, pursuant to Resolution No. 006-2008. The BOCC then granted Subdivision Conceptual Submission approval and established an activity envelope, pursuant to Resolution No. 017-2008. REFERRAL COMMENTS: Comments from Housing are attached for reference. STAFF COMMENTS: GMOS ExervrPTtoN Fort CnReTnrcEe DWELLING UNIT: The Applicant has requested approval for a caretaker dwelling unit. Pursuant to Subsection 6-30-40(2)(C), one CDU of up to 1,000 square feet of net livable square feet is exempt from growth management, subject to special review and the following criteria: • The floor area of the caretaker unit shall be included in the total allowed floor area. • Two parking spaces shall be provided. • The unit shall be deed restricted for use by qualified employees as defined in the Housing Guidelines or members of the owner's immediate family. • The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. • The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared uti I hies. o~T The Applicant will comply. Housing recommends approval of the CDU. SPECIAL REVIEW: Special Review approval is required to construct a caretaker dwelling unit, subject to compliance with the following standards. A. The special review use shall be consistent with the applicable County Master Plan. Response: The development of a caretaker dwelling unit is consistent with the Aspen Area Community Plan. B. Tlae special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The proposed CDU does not conflict with the applicable provisions of the Code, as specified within this memorandum, or with the County land use policies. C. The proposed development must not nraterially endanger the public health, safety or we fare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: Staff has no information that would indicate that the CDU would endanger the public health, safety or welfare, or injure the value of adjacent properties. D. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: The intent of the R-30 zone district is to "provide areas for suburban density, single family and duplex residential dwelling units with customary accessory uses." The proposed caretaker dwelling unit is consistent with the intent of the zone district. F.. Tl~e special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: A CDU is compatible with the residential character of the surrounding area. The neighborhood is comprised of a mix of free market and deed restricted housing. F The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The proposed residential CDU is compatible with surrounding residential uses, and additional impacts associated with the CDU will be minimal. G. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and nvedical services, drainage systems, and schools. Response: There are adequate facilities and services to serve the caretaker dwelling unit. Utilities are already in place. 2 K The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20. Response: The standards from Sec. 4-30 are addressed above, and no standards from Sec. 2-40-20 are applicable. SUBDIVISION CRITERIA FOR APPROVAL: Sec. 2-40-50(i) states that a conceptual or detailed subdivision or PUD application may be recommended for approval and may be approved only if the Board finds that all of the following criteria have been met: 1) The application complies with all applicable provisions of this Land Use Code; 1) The application complies with all applicable Land Use Policies listed in Sec. 1-60; Response: The application complies with the applicable provisions of the Code and the policies. 3J The application complies with all prior development approvals applicable to the subject property; Response: The application complies with the prior conceptual subdivision and GMQS approvals. 4) The proposed subdivision is consistent with and implements the intent of the zone dish~ict(s) in which it is located; Response: The subdivision is consistent and implements the intent of the zone district to accommodate suburban density residential development. 5) The genera! layout of lots, roads, driveways, utilities, drainage facilities, and other services within dve proposed subdivision or PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code; Response: The property does not contain any riparian or critical wildlife habitat areas. The Applicant states that land disturbance will be minimized and open space will be maximized. 6) The proposed subdivision or PUD will not result in significant adverse impacts on the natural em~ironment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; 7) The proposed subdivision or PUD will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated; Response: The subdivision will not result in significant adverse impacts on the environment or adjacent properties, and any impacts will be mitigated. Response: 8) Adequate and sufficient public safety, trmzsportatiorz, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development; Response: Adequate facilities and services are available. 9) In addition, a rezoning to a PUD designation shall only be recommended or approved if the Planning and Zoning Commission or the Board of County Commissioners, as applicable, determines that the standard criteria for a retuning set forth in 2-40-10(c) hm~e been met. Response: No rezoning is proposed. In addition, the subdivision must comply with the provisions of Sec. 7-70 of the Code. Sec. 70-70-20 requires that the subdivision be generally consistent with the applicable provisions of the Comprehensive Plan for the area in which the land is located and shall comply with all requirements for the zone district in which the land is located. The proposed subdivision is consistent with the Aspen Area Community Plan and the R-30 zone district. Sec. 7-70-30 states that a subdivision shall not be approved "if the indicated staging of development will generate service or facility demands in advance of the fiscal and physical ability of the County or districts to provide within their budgets." The proposed development of one additional single family residence is not anticipated to generate service or facility demands that cannot be met within existing budgets. Sec. 7-70-40 states that a subdivision shall only be approved "if any special road construction, improvement or maintenance cost assignable to the proposal and to be borne by the County at large can be met within both short-term and long-term County budgets without tax increases that might otherwise be unnecessary." No road improvements are necessitated by the development. A road impact fee will be paid by the new residence. Sec. 7-70-50 states that a subdivision shall only be approved "if any utility or facility to be provided by the developer for acceptance and future operation and/or maintenance by the County, or any district within the County is planned, designed and constructed and prior to its acceptance by the County or district, operated and maintained in a manner that protects the public from any expenses to correct deficiencies in the utility or facility." Sec. 7-7-60 states [hat a subdivision shall only be approved "if the location and layout of the proposal are such that necessary public facilities can be provided to the area without the need for additional public expenditures for service expansions" The existing infrastructure is adequate to serve the development. Sec. 7-70-70 states that a subdivision shall only be approved "if the short-term construction impacts on roads, fire and police substations, schools, public services such as solid waste collection, snow removal and public transportation have been or will be mitigated by the developer." The Applicant has committed to mitigate all short-term construction impacts. Sec. 7-70-80 requires an Improvement Agreement between the Applicant and the County to confirm compliance with these provisions. The Applicant has provided a draft Improvement Agreement; however, it is staff's opinion that the SIA is unnecessary because the Applicant is not providing any public improvements. CONFORMANCE WITH CONCEPTUAL SUBMISSION APPROVAL (BOCC Resolution No. 017-2008): Below are the conditions that are required to be satisfied as part of a Detailed Submission or Final Plat application. The other conditions of the Conceptual Submission approval are to be satisfied at the time of building permit submittal. The Applicants have indicated their intent to comply with all of those conditions. A copy of the Conceptual Subdivision Resolution of approval is included in the application. - Condition No. Z: With the Detailed Submission/Final Plat application, the Applicant shall (A) Provide a draft Improvements Agreement, and (B) Submit will serve letters from the utility companies. y Response: The Applicant has submitted a draft Subdivision Improvements Agreement; as noted above, staff finds that an SIA is unnecessary. Will serve letters were provided at the time of Conceptual Subdivision approval. - Condition No. 3: The following shall be delineated on the Final Plat: (A) An easement for the City of Aspen water main, and (B) An access easement across Lot 1 to benefit Lot 2. Response: Easements for the water main and access across Lot 1 are delineated on the draft plat. STAFF'S RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval [o the Board of County Commissioners subject to the following conditions: 1. All material representations made by the Applicant in the application and in public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. The Applicant shall adhere with the conditions of Resolution Nos. 006-2008 and 017-2008 unless otherwise replaced or amended by the conditions of this approval. 3. The Final Plat and associated documents shall be recorded within 180 days of the date of this approval. 4. The caretaker dwelling unit shall be limited to not more than 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of two off-street parking spaces shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 5. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 7. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on ,2011. Attachments: A) Housing Application and draft Final Plat provided separately `J MEMORANDUM TO: Suzanne Wolff, Community Development Department FROM: Cindy Christensen, Housing Office DATE: September 26, 2008 RE: Leddy/Cooper S/D Detailed Submission, Special Review for a CDU Parcel ID No. 2737-071-02-001; P098-08 ISSUE: The applicant is seeking approval to construct an attached or detached cazetaker dwelling unit. CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), CDU as Permitted Accessory Use, in the RS-160, RS-35, RS-30, RS-20, AR-10, AR-2, R-30, RO15, R-15A and R-6 zone districts one CDU shall be a permitted accessory use provided that: I . It is attached to asingle-family home (the principal dwelling). 2. The caretaker dwelling unit shall not exceed 1000 net livable squaze feet on lots or pazcels that are 30,000 square feet or greater in lot azea, and 700 net livable squaze feet on lots or pazcels that aze less than 30,000 square feet in lot azea. 3. The floor azea of the cazetaker unit shall be included in the total allowed floor azea for the lot or pazcel of land. 4. One off-street pazking space shall be provided for each cazetaker dwelling unit 5. The applicant shall, by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit: a. shall not be required to be rented; b. not be sold or otherwise conveyed or sepazated from the original pazcel regazdless of the ultimate form of ownership of the cazetaker unit; c. be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may be from time to time established, or by members of the owner's immediate family even though they may not qualify as employees of the community; d. shall be rented for terms no less than six months if rented. 6. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 7. The provisions of this regulation aze for the purpose of providing a voluntary caretaker dwelling unit on a legally created lot or pazcel in the County. Any unit approved under this provision shall not be used for mitigation of employee housing requirements as established elsewhere in the Land Use Code. A detached CDU may be approved through a special review. RECOMMENDATION: Staff recommends approval of this request under the following conditions: 1. Conditions 1 through 6 stated above are met. 2. The kitchen contains at a minimum a two-burner stove with oven, standazd sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. 3. A deed restriction shall be recorded prior to issuance of a building permit. 4. Floor plans of the CDU shall be provided to the Housing Office prior to building permit approval. 5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an inspection of the unit for compliance. 2 LV V V ^ rVOO~,i • ~ ~~T~II L~~ SLI~~.I VIS.I4N ~atvv ~rN~a~ ~~~r t[~'LIGArION ~tN'D S~''fCl~it R~VI'fW r4~'R~V~tIL ~41Z ~1 C1~L( ON LOT 2 SuBMIr7~v BY ~f~1~lS L~IN~ ~L~tNNING, LLC 201 N. MILL ST~Z£f7", SL(I7"f 108 tiS~'fN, COLOR~l1~0 81611 (970) 925-7819 fa.~v(970) 925-7395 vr~kaa~sC~~ri~: net July, Zoos oooool des ~ HAAS LAND PLANNING, LLC July 18, 2008 HAND DELIVERED Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Leddy-Cooper Subdivision, Detailed Subdivision and Final Plat Application, and Special Review for a CDU on Lot 2 Dear Suzanne: Please consider this letter an application for detailed subdivision and final plat approval for the Leddy-Cooper Subdivision and special review approval for a CDU on Lot 2 (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Sections 2-30-30(h), Special Review for CDU; 2-40-20(f), Additional Special Review Procedures for CDU; 4- 30-50(e), Caretaker Dwelling Units; 6-30-40, GMQS Exemption for CDU; 2-40- 50, Subdivision and PUD Review Procedures; 2-20-130, Improvement Agreements; and 7-70, Subdivisions, of the Pitkin County Land Use Code (the Code) by Thomas A. Leddy and Leslie T. Cooper (the owners of the property, hereinafter referred to as the "applicant"). Proof of the applicant's ownership of the subject lands is provided in Exhibit 2. Permission for Haas Land Planning, LLC, and Klein Cote & Edwards (attorneys) to represent the applicant is attached as Exhibit 3. An executed application fee agreement and a list of adjacent property owners are attached as Exhibits 4 and 5, respectively. Background The subject property is currently known as Lot 1 of the Smuggler Subdivision, and it contains just over 2 acres. It is the only lot in the Smuggler Subdivision and is located at 704 Spruce Street, which is inside the Urban Growth Boundary (UGB) surrounding the City of Aspen. The property is a 92,342.8 square foot lot in the R-30 (Suburban Density Residential - 30,000 Sq. Ft. Lot) Zone District. The lot includes an access easement with an area of 8,701 square feet, leaving an effective Lot Area of 83,641.8 square feet. 201 N. MILL STREET. SUITE 108 ASPEN. COLORADO 81 61 1 r'nnn PHONE: (970) 925-7819 FAX: (970) 925-7395 D~UUUL Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application There currently exists asingle-family home and detached two-car garage on the property, as well as two small outbuildings. The Salvation Ditch forms the property's easterly boundary while the Williams Woods Subdivision abuts the property on the west. An improved single-family lot resides immediately to the north and gains its access to Spruce Street via an easement through the subject property. In general topography of the property is relatively flat, containing slopes of predominantly 0-30% with small pockets of steeper slopes that are the result of previous disturbances. Access to the property is gained via private gravel drive that intersects with Spruce Street. City of Aspen municipal water service, cable television, telephone, electric, and Aspen Consolidated Sanitation District (ACSD) sanitary sewer service are all currently available from Spruce Street. Indeed, the existing house obtains its domestic water from the City of Aspen and is connected to ACSD facilities. Afire hydrant sits immediately outside the property, in the Spruce Street right-of-way. The applicant entered the 2007 Urban Growth Boundary I:esidential GMQS Competition for new lots and parcels requesting 9,350 square feet of floor area for a single family residence and customary accessory structures on a new lot, as well as Conceptual Subdivision and Activity Envelope Approvals. The BOCC allocated 9,350 square feet of floor area to the applicant for the newly created lot, conditioned upon the recordation of a covenant documenting the representations made in the application (See Resolution No. 006-2008 attached as Exhibit 6 and the Draft GMQS Covenant attached as Exhibit 7). After the GMQS allocation was established the BOCC granted approvals on February 27, 2008 for the Conceptual Submission of the Leddy-Cooper Subdivision and for the Activity Envelope on the newly created lot (See Resolution No. 017-2008 attached as Exhibit 8). 1'he approval provided for the creation of one additional lot by essentially splitting the applicant's property in two. The approval is subject to certain conditions, including an access easement across Lot 1 to benefit Lot 2. The lots are depicted as Lots 1 and 2 on the accompanying, proposed final plat of the Leddy-Cooper Subdivision. An easement for the City of Aspen water main and an access easement across Lot 1 to benefit Lot 2 are both depicted on the Final Plat as required by Resolution No. 017-2008. Detailed Subdivision/Final Plat Application Content The applicant's Detailed Subdivision/Final Plat application consists of the approved Lot 2 Activity Envelope and updated existing conditions surveys; a final subdivision plat with an easement for the City of Aspen water main and an access easement across Lot 1 to benefit Lot 2; a draft subdivision improvements (ParcellD 2737-071-02-00]) Page 2 ODUUfl3 LedJv-Cooper Subdivision Detailed Subdivision/Final Plat Application agreement and will serve letters from the applicable utility companies. All plan sets are provided in reduced (11" x 17") and full size (24" x 36") and accompany this application. The Subdivision Improvements Agreement (the "Agreement") is attached hereto as Exhibit 9. The supplied documents address both the applicable submission requirements of the Land Use Code and the BOCC's conditions of conceptual subdivision approval. Utility and Drainage Plans will be provided at the time of Site Plan Review. The Proposal The applicant proposes to subdivide the existing parcel into two (Z) conforming lots. Lot 1 will be the "fathering parcel" and will retain an area of 43,852 square feet after netting out the area of the access easement (52,553 gross square feet, including the 8,701 square foot access easement). Lot 2 will be the newly created lot and will have an area of 39,789 square feet. Lot 1 resides immediately north of proposed Lot 2 but includes the entirety of the existing access easement that serves the Balderson property to the north. Eventually, and pursuant to a subsequent Site Plan Review, a new driveway off the existing access road will be developed to serve Lot 1. In the interim, access to Lot 1 will continue in its current configuration albeit via a new and temporary shared access agreement allowing passage through proposed Lot 2. Access to proposed Lot 2 is already in place and will be revised to accommodate development in accordance with these approvals and a subsequent Site Plan Review approval. This part of the proposal is the same as, and fully consistent with what was proposed and granted during the conceptual approval. An Activity Envelope was previously approved for Lot 2 to accommodate a single-family residence and customary accessory uses. At this time, the applicant is seeking Special Review approval for a Caretaker Dwelling Unit (CDU) on Lot 2. Review Requirements for CDU The applicant is seeking special review approval for either an attached or detached CDU on Lot 2 of the Leddy-Cooper Subdivision. Pursuant to RS-30 zoning provisions and Section 4-30-50(e) of the Code CDU are allowed in the zone district provided special review approval is obtained pursuant to Section 2- 30-30(h). Section 2-30-30(h) of the Code establishes the criteria for approval of special review uses. This application for special review approval to develop a CDU complies with all of the following standards, as demonstrated below: (ParcellD 2?37-071-02-001) Page 3 ODUOU~~ Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application (a) The special review use shall be consistent zoith the applicable County Master Plan In terms of general consistency with County Master Plans, a CDU allows for the on-site housing of an employee in Pitkin County. The site is within a substantially built-out area, and this CDU approval will be compatible with the existing neighborhood. Several CDU exist in the area and have been approved via special review. This indicates that the development of a CDU has consistently been deemed to be in harmony with the Aspen Area Community Plan (AACP). (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. The County Land Use Policies contained in Chapter 1 of the Code state that, "The dominant policy of Pitkin County is to conserve and protect from further degradation the present naturnl environment and its resources." The approved Activity Envelope ensures that the development of this site will promote this "dominant policy." The proposed special review of a CDU use does not conflict with any applicable sections of the Code. Several CDU exist in the area and have been approved via special review. This indicates that the development of a CDU has consistently been deemed to be in harmony with the Aspen Area Community Plan (AACP). (e) The proposed development must not materialhl endanger the public health, safety or welfare. The development proposed on the subject property will not endanger the public health, safety or welfare. The CDU will be located within the already approved Activity Envelope. Several CDU exist in the surrounding, area and throughout Pitkin County; no CDU has ever been shown to materially or otherwise endanger the public health, safety, or welfare. (d) The proposed development rmzst not substantially injure the value of adjoining or abutting property. The County has approved numerous CDU in the recent past; no such approval or development has ever been demonstrated to injure, let alone substantially injure, the value of adjoining or abutting property. The development proposed on the subject property will not injure the value of adjoining or abutting properties. (e) The special review use shall be consistent zvit3t the intent of the zone district in which it is proposed to be located. (ParcellD 1737-071-02-001) pale q D~U~~ Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application The proposed Special Review Use (a CDU) will be located in the County's RS-30 zone district. The proposed development is fully consistent with the Intent of the RS-30 zone district in that only asingle-family home and customary accessory uses are proposed, at a density consistent with the zoning. Environmental hazards have been avoided and/or mitigated, as appropriate. The zoning allows CDU when approved by special review. (fl The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shell enhance the mixture of complimentary uses and activities in the inrntediafe vicinity of the parcel proposed far development. Generally speaking, the neighborhood in which the subject property is located is relatively diverse and includes the Smuggler Trailer Park, Fox Run, Hunter Creek, Williams Woods, Centennial, and the Cora Lee Subdivision lots. Surrounding single-family homes range from just acouple-thousand square feet in size all the way up to 15,000 square feet. The proposed development is wholly consistent with the character of the area. Also, please refer to the responses provided for the previous standards. (g) The location, size, design and operating characteristics of the proposed specinl reviezn use must be in harmony with the surrounding area and minimize ndverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/euater pollution or ot}rer impacts on rmfural resources, noise, vibrations and odor on surrounding properties. Given the immediate environs and development patterns, the location, size and design of the special review use requested herein is in complete harmony with the surrounding area. The proposal envisions aloes-density, single-family residential development with a house size that is consistent with neighboring homes. The activity envelope ensures an ability to maintain open space in a functional manner while avoiding or mitigating all environmental hazards, as appropriate. The impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties will be more or less nonexistent. That is, the CDU and its use in the manner proposed herein will' not result in any significantly different impacts on/to pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibratiarts or odor than is the case with any of the surrounding properties. Parking needs of the site will be provided for within the activity envelope and will meet County requirements with respect to amount and configuration. O ~ O ~ n sarcel ID 2737-07I-02-001) Page 5 Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application Trash will be stored in compliant bear-proof containers. Service delivery will be no different than any single-family home in the area or elsewhere. Finally, adequate separation exists between the home site and neighboring properties to ensure minimization of noise, vibration or odor impacts. (h) There must be adequate public facilities and services to sense the special reviezn use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. There are already adequate public facilities and services to serve a CDU, as the surrounding area is already largely developed. Roads, electric, gas, and telephone lines are already in place for the surrounding single-family residences and no enlargement of services and facilities will be required to accommodate the difference in demand presented by the CDU. It is not expected that the ability to develop a CDU will result in undue impacts to parks, police, hospitals, or schools. (i) The proposed special review use rnust comply znith any additional standards or requirernercts stated for such use in Sec. 4-30 artd/or Sec. 2-40-20. The applicant understands that there are additional standards and public notice requirements for the CDU. The applicant will comply with the requirements of Section 4-30-50, and that compliance is discussed below. The applicant is seeking a GMQS exemption for one CDU to be attached or detached from the primary residence, pursuant to Section 6-30-40(c) of the Code which states that, "One (1) Caretaker Dznelling Unit ("CDU") may be exempted from Grozotlc Management on any lot or parcel lornted in a zone district in which a CDU is an nllozned use, a use allazued by special reviezo, or a use allouced as part of a master plan, as slroevn in Table 4-1. The CDU may he either attached to n single fancily ducelling unit ("principal dznelling") or other use or may be detached from the principal dzoelling or other allazned use if it complies znith the standards in Sec. 4-30-50(e)." The proposed CDU is located in the RS-30 zone district and, as mentioned above, is allowed by special review. The CDU will comply with the standards of Section 4-30-50(c) through (g) as follows: the CDU will not exceed one thousand (1,000) net livable square feet; the floor area of the caretaker unit will be included in the total allowed floor area for the lot or parcel of land; at least one (1) off-street parking space will be provided for the CDU; the applicant will deed restrict the CDU in a manner which makes clear that it will not be required to be rented, will not be sold or otherwise conveyed or separated from the original parcel, and will be limited to occupancy by not more than two (2) adults, and related children, who have been found by the Housing Office to (PareellD 2737-071-02-001) Page 6 OODU07 Leddv-Cooper Suhdivision Detailed Suhdivision/Final Plat Application qualify as employees of the community or members of the owner's immediate family, even though they may not qualify as employees of the community; the CDU will be rented for terms not less than six (6) months if rented; and the CDU restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling be removed or modified in a manner that renders the unit incapable of occupancy as a dwelling unit. Review Requirements for Detailed Subdivision and Final Plat PuYSUant to Section 2-40-50(d)(2) of the Code, an applicant for detailed subdivision review approval must file the submission materials within one (1) year following the BOCC's conceptual approval of the subdivision. The BOCC granted conceptual approval for the Leddy-Cooper Subdivision on February 27, 2008. Adlditionally, with staff's approval, an applicant may request concurrent review of their detailed subdivision and final plat submissions. Staff has authorized a concurrent review (see Exhibit 1). All of the criteria outlined in Section 2-40-50(i) of the Code must be met before the Board may approve a final subdivision. Each of these requirements is provided below in italics and each is followed by the applicant's response. (1) The application complies with all applicable provisions of this Land Use Code; As demonstrated throughout this application, all applicable provisions of the Land Use Code are being complied with. Conceptual Subdivision Approval has been .granted pursuant to all applicable provisions of the Code, and this Detailed/pnal application is fully consistent with that approval. (2) The applieation complies zoith all applicable Land Use Policies listed in Sec. 1-60; The Conceptual Subdivision and GMQS Approvals were, at least in part, based upon a finding of consistency with all applicable Land Use Policies listed in Section 1-60. This Detailed/Final application is fully consistent with the proposal granted GMQS and Conceptual Subdivision Approvals. There have been no amendments to the Land Use Policies in the intervening time between GMQS/Conceptual Approvals and this application. The fact that the proposed subdivision has received Conceptual Approvals and a GMQS allocafion provides ample demonstration of consistency with County Land Use Policies 1-60-40 through 1-60-60, Growth Management, Growth Rate, and Land Use Patterns, respectively. Policies 1-60-70 through 1- 60-90 and 1-60-110 through 1-60-120, Rural Development, Agricultural (ParcellD 237-071-02-00]) page 7 OOpUp8 Leddy-Cooper Subdivision Detailed Subdivi.cio~e/Final Plat Application Preservation, Wilderness, Ski Areas, and Camping, respectively, do not apply in the subject case or to the subject property. The proposed development is still consistent with Policies 1-60-100, 1-60- 130, and 1-60-140, Recreation, Trails, and Open Space and Trails Board, respectively. When the GMQS allocation was granted the applicants committed to funding improvements to the Lani White Trail, as well as improvements to the Smuggler Trailer Park Bus Stop. The proposed development is consistent with Policies 1-60-150, 1-60-160, (1-60-170, lnholdings, is not applicable) and 1-60-180 through 1-60-340. The proposed development is fully compatible with the character of the surrounding neighborhood, and with the adjacent Lani White open space. The commitment to LEED Certification ensures development of perhaps the home most consistent with the Ecological Bill of Rights of any in the County; this also ensures consistency with the air quality, energy conservation, and noise policies. The development fully avoids or mitigates all natural and man-made hazards and resource epees. Subsurface soil conditions are expected to be normal but will be more fully studied prior to building permit issuance; there are no geologic hazards, cultural or historic resources, wildlife habitat, water resources, or aquatic/riparian/wetland areas affecting the site. Drainage and erosion control plans will be provided at the time of Site Plan Review(s). The development will not affect the scenic quality of the area, nor will it be visible from any scenically regulated roadways. Pubjic utilities exist in the area and are adequate to serve the proposed development. Water will be supplied by the existing City of Aspen lines on the property and solid waste management will be provided by connection with existing ACSD facilities in Spruce Street. The neighborhood is adequately served by existing transportation, transit and road facilities, although the applicant has volunteered to, and will be improving the closest bus stop. The development will have no impact on the policies related to the Pitkin County Airport or telecommunications. The Citizen Housing policies will be forwarded by payment of impact fees, as required. (3) The application complies with all prior deaelopment approvals applicable to the subject property; This Detailed/Final application fully complies with all prior development approvals applicable to the subject property. Resolution No. 006-2008 allocated 9,350 square feet of floor area to Lot 2 of the Leddy-Cooper Subdivision as a result of the 2007 Urban Growth Boundary Residential GMQS competition for new lots and parcels. This allocation was conditioned upon recordation of a covenant documenting the representations made in the application. A draft of (Purce[ID 2737-071-01-001) page g 000009 Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application this covenant has been prepared and submitted herewith for review and approval. Resolution No. 017-2008 granted Conceptual Subdivision approval subject to certain conditions. Those conditions are addressed below. (4) The proposed subdivision is consistent with and implements the intent of the zorze district(s) in which it is located; This proposed development is in the R-30 zone district, which "is intended to provide nreas for suburban density, single family and duplex residential dwelling units zoith customary accessory uses." The proposal calls for splitting the property into two conforming size lots to each accommodate asingle-family residence and customary accessory uses. This is completely consistent with and implements the intent of the R-30 zone district, as was found by the County in its approval of the Conceptual Subdivision application. (5) The getzeral layout of lots, roads, driveznays, utilities, drainage facilities, and other services within the proposed subdivision or PUD is designed in a znay that minimizes the amount of land disturbance, maximizes the anroiznt of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and othenoise accomplishes the purposes and intent of 8ris Land Use Code; The amount of land disturbance will be minimized, while the amount of open space will be maximized. The layout is efficient and practical. 'There is no wildlife habitat on the property, nor are there any riparian areas. The proposal goes to great lengths to forward the purposes and intent of the Land Use Code, as was found by the County in its approval of the Conceptual Subdivision application. (6) The proposed subdivision or PUD will not result in significant adverse impacts on the natural environment, including air, water, noise, stormznater management, wildlife, and vegetation, or such impacts will be substantially mitigated; As was found during the Conceptual Subdivision and GMQS approval processes, the proposed subdivision will not result in significant adverse impacts on the natural environment. Any impacts will be mitigated. The applicants have committed to achieve LEED Certification for the new home to be built on Lot 2. Therefore, the proposed subdivision will have far fewer adverse impacts than do the vast majority of developments. (7) The proposed subdivision or PUD will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially ritigated,• There will be no significant adverse impacts on adjacent properties. (PareellD 2937-071-02-001) Page 9 000010 Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application (8) Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, znhile maintaining sufficient levels of service to existing development; As was found when Conceptual Subdivision approval was granted, this one additional single-family residence with customary accessory uses will not affect the sufficiency of the public safety, transportation, utility facilities and services, recreation facilities, parks and schools. (9) In addition, a rezoning to a PUD designation shall only be recommended or approved if the Planning and Zoning Commission or the Board of County Commissioners, ns applienble, determines that the standard criteria for a rezoning set forth in 2-40-10(c) have been rnet. No ¢~ezoning is needed for this development, nor is a PUD proposed. Next, Section 7-70 of the Code must be followed when dividing a parcel of land into two (2) or more lots within Pitkin County, and said Section requires that all subdivisions of land be consistent with the applicable provisions of the Comprehensive Plan for the area. The applicable comprehensive plan for the area is the Aspen Area Community Plan (AACP). The proposed subdivision must also comply with all requirements for the zone district in which the land is located. The proposed subdivision was found to be consistent with both the AACP and the R-30 zoning when GMQS and Conceptual Subdivision approvals were granted. Neither the AACP nor the R-30 zoning has been amended since then, and this Detailed/Final application is fully consistent with the prior approvals. The AACP seeks to manage growth in the community. One way to accomplish this was to create an Urban Growth Boundary to promote density inside of the boundary. This application adds one additional single-family home within the Aspen UGB (it splits the available floor area between two homes as opposed to using all the available floor area for a single home), and is thus consistent with the AACP. Another goal of the AACP is to manage parks, open space and the environment. The AACP encourages the community to be environmentally conscientious through responsible lifestyles and building practices. As described earlier, and in furtherance of the goals of the AACP, the applicant is funding trail improvements, implementing a strict construction management plan with transportation demand measures, increasing the attractiveness of transit use, and achieving LEED certification for the new home. (ParcellD 2737-07]-02-001) Page 10 U~Q~11 Leddy-Cooper Subdivision Detai/ed Subdivision/Final Plat Application Section 7-70-30 goes on to state that, "No subdivision of land shall he approved if the indicated staging of development mill generate service or facility demands in advance of the fiscal and physical ability of tite County or districts to provide zoithin their budgets." The applicant is developing one additional single-family residence. This will not generate service or facility demands in advance of the fiscal or physical ability of the County to provide within its budget. The report prepared by Sopris Engineering that accompanied the Conceptual/GMQS application concluded that, "The proposal meets the requirements of Pitkin County by meeting the criteria established for development of residential properties. The infrastructure to support the proposed development already exists and has the capacity to serve the lot." Section 7-70-40 states that, "A proposed subdivision of land shall only 6e approved if any special road constnzction, improvement or maintenance cost assignable to the proposal and to be borne by the County at large can be met zoithin bo8t short-term and long-thrm County budgets without tax increases that might ofhenvise be tznnecessnn~." As stated above, one additional single-family residence will not require azny tax increases. There will be no special road construction, improvement or maintenance costs attributable to this subdivision, but should any arise, such will be borne by the applicant. Section 7-70-50 of the Code states that, "A proposed subdivision of land shall only be approved if any utility or facility to be provided by the developer for acceptance and future operation and/or rnaintenanee by the County, or any district zoithin the Corznty is planned, designed and constructed and prior to its acceptance by the County or district, operated and maintained in a manner that protects the yublic from any expenses to correct deficiencies in the utility or facility." Section 7-70-60 deals with the accessibility of public facilities and states that, "A proposed subdivision of land shall only be approved if the location and layout of the proposal are such that necessary public facilities can be provided to the area znithout the need far additional public expenditures for service expansions." In response to both of these requirements, it is again noted that the report prepared by Sopris Engineering that accompanied the Conceptual/GMQS application concluded as follows: "The proposal meets the requirements of Pitkin County by meeting the criteria established far development of residential properties. The infrastructure to support the proposed development already exists and has the capacity to serve the lot." Section 7-70-70 states that, "A proposed subdivision of land shall only be approved if the short-term construction impacts on roads, fire and police substations, schools, public services such as solid zoaste collection, snozn removal and public transportation luzve been or will be mitigated by the developer." All short-term construction impacts will be mitigated by the developer. The applicant has committed to a construction management plan that includes several measures (ParcellD 2737-071-02-001) page 71 ~~~Q1~ Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application aimed at minimizing transportation demands; these measures provide mitigation in excess of standard County requirements. Finally, Section 7-70-80 generally requires a signed Improvement Agreement between the applicant and the County. A draft Improvements Agreement is provided with this application and is attached for review as Exhibit 8. A Final SIA will be executed and recorded prior to, or concurrent with the Final Plat recordation. The applicant understands that prior to the submittal of any permit application or the recording of the Final Plat, the Board must receive and approve a Subdivision Improvement Agreement (SIA) that meets the requirements of Section 2-20-130 of the Code. This SIA constitutes the applicant's agreement to construct the public improvements and common private improvements identified as requirements of project approval. The requirements will be identified with particularity, including deadlines for completion of construction and plans or drawings. The SIA provides that no property within the project may be sold, and no building permit application for construction may be submitted, until the improvements identified in the SIA have been completed, unless financial security in a form acceptable to the Community Development Director or designee is provided by the applicant. (This does not preclude the sale of an entire project, provided that the purchaser is subject to the same limitations as imposed upon the applicant by the Land Use Code, by the project approval, and by the SIA.) Such financial security will be issued or confirmed by a Colorado bank acceptable to the Board, and will provide that it may be drawn upon by the Board if the applicant is in default of its obligations under the SIA. The amount of security map be incrementally reduced as improvements are completed to the satisfaction of the Board. This financial security will be in full force and effect until such time as the Board has determined that all improvements are satisfactorily completed. Consistency with Conceptual Subdivision Approval In the Conceptual Subdivision application the applicant proposed to subdivide the existing parcel into two (2) conforming lots. Lot i is the "fathering parcel" with an area of 43,852 square feet, after netting out the area of the access easement (52,553 gross square feet, including the 8,701 square foot access easement). Lot 2 is the newly created lot, with an area of 39,789 square feet. The applicant's conceptual subdivision application was approved subject to fourteen (14) conditions. The various conditions and the Detailed (ParcellD 2737-071-02-001) Page 12 000013 Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application Subdivision/Final Plat application's compliance therewith, are summarized below. 1. The applicants shall adhere to all material representations made during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. This condition is understood by the applicant and will be followed. 2. With the Detailed Submission/Final Plat application, the Applicant shill: A. Provide a draft Improvements Agreement. A draft Subdivision Improvements Agreement is attached as Exhibit 9. B. Submit will serve letters from the utility companies. Will serve letters have been obtained by Sopris Engineering, LLC, and were pravided at the time of Conceptual Subdivision Approval. 3. The following shall be delineated on the Final Plat: A. An easement for the City of Aspen water main. Please see the attached Draft Plat, which includes an easement for the City of Aspen water main. The easement is being granted by means of dedication on the plat, and its layout is provided to meet the specifications required by the City of Aspen Water Department (Phil Overeynder). B. An access easement across Lot 1 to benefit Lot 2. This has been provided; please see the attached Draft Plat. 4. Concurrent with recordation of the final plat, and prior to submission of the Site Plan Review application for Lot 2, the Applicant shall record an Activity Envelope Plan in accordance with Land Use Code Section 2- 30-~0(g) and Application Manual Section 2.1.1. The Activity Envelope Plan shall first be submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalization and recordation. (ParcellD 2737-071-02-001) Page I3 00001 Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application Please see the Lot 2, Leddy-Cooper Subdivision Activity Envelope Plan attached to this application. This Plan will be recorded concurrent with recordation of the Final Plat 5. Prior to submission of any building or other development permit applications for Lot 2, the Applicant shall submit for approval an application for Site Plan Review, pursuant to Sections 2-30-20 and 7-10-50 of the Code. An application for Site Plan Review will be submitted at a later date, and prior to submission of any building or other development permit applications for Lot 2. 6. Prior to submission of any building or other development permit applications for Lot 1, the Applicant shall submit for approval an application for Activity Envelope and Site Plan Review, pursuant to Sections 2-30-20 and 7-10-50 of the Code. This condition is understood by the applicant and will be followed. 7. Prior to issuance of a building permit for the residence on Lot 2, the Applicant shall: A. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer and the Community Development Department. This condition s understood and will be followed by the applicant. B. Obtain a fireplace/woodstove permit from the Community Development Department. A fireplace/woodstove permit will be obtained, if necessary. C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer of geologist for review and approval by the Planning Engineer. The plan shall include the drainage improvements along Spruce Street that were committed to in the growth management application. This requirement is understood by the applicant and further memorialized in the draft SIA attached hereto as Exhibit 9. (ParcellD 2737-071-OZ-001) Page 14 000015 Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application D. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District. This condition is understood by the applicant and will be followed. E. Pay the applicable road and employee housing fees. This requirement is understood by the applicant and further memorialized in the draft SIA attached hereto as Exhibit 9. Applicable fees will be paid as required. F. Submit a construction management plan for review and approval by the Planning Engineer. A gonstruc6on management plan (CMP) will be submitted at time of the building permit application for Lot 2. G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree mitigation plan. This plan will be provided at the time of Site Plan review and prior to building permit application. H. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of payment shall be based on the regulations in effect at the time of building permit issuance. This payment will be made as required and at the time of building permit application. I. Make a cash payment in lieu of dedicating land to the County for pazks/recreation/open space. Calculation of payment shall be based on the regulations in effect at the time of building permit issuance. This requirement is further memorialized in the draft SIA attached hereto as Exhibit 9 and the fee will be paid as applicable. 8. The Applicant shall comply with the following standazds for Development in a Moderate Wildfire Hazard Area: A. P,-efensible Space: The area around all buildings structures limited by property boundaries that may limit a property owner's ability to (ParcellD 2737-07I-02-00]) Page IS OODU16 Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows: 1. Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot (10') perimeter around all structures. 2. All branches from trees and brush within 30 feet of all structures (or to property line) shall be pruned to a height of 10 feet above the ground with removal of ladder fuels from around trees and brush. 3. Tree crown sepazation for coniferous trees shall be at least 10'. Tree crowns for aspen may touch and interconnect, as long as ladder fuels have been removed from beneath trees. 4. Flammable mulches aze not allowed within 2' of the house. Aspen trees shall be at least 10' from the house. 5. Up to 5 evergreen trees are allowed within 30' of the all structures but should be limbed to 10', and not have any flammable fuels underneath the trees. These trees shall be sepazated by at least 20' feet, unless clumped together (no more than 3 trees in a clump), in which case the clump shall be sepazated by at least 30' from another clump or individual tree. 6. No trees shall be within 15' of any window. 7. All branches that extend over the roof eaves shall be trimmed and all branches within 15' of chimneys shall be removed. 8. All deadfall up to a 100' perimeter or the property line shall be removed. 9. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shake or shingles. All other Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum roof pitch of 1:48. (Parcel ID 1737-071-01-001) Page 16 000017 Leddy-Cooper Subdivision Detailed Subdivision/Final PlatApplieation 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Mazshall prior to submittal of a building permit application. C. Roof Venting 1. Soffit venting shall be located in the outer 1/3ra portion of the overhang. 2. Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum'/4" openings. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: Sheath with non-combustible materials, or combustible materials underlain with 5/8" Type X gypboard or equal, or minimum 4x6 rafters with 2x T&G decking. E. pecks, Decking, Cantilevered Floors, or Other Projections Below the Ro~fline: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, 2xr$ilings, or equivalent log construction. F. ~VIaintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (i/a) inch maximum. 3. Any outbuilding shall adhere to the same wildfire requirements. 4. Yards shall be kept cleaz of all litter, slash and flammable debris. 5. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. 6. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height of not more than 6 inches 7. Firewood wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8. Swimming pools and ponds shall be accessible by the local fire district. 9. Fences shall be kept clear of brush and debris. 10. Wood fences shall not connect to other structures. 11. Fuel tanks shall be installed underground within an approved container. 12. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure azound the tank shall be (PareellD 2x37-071-02-001) Page 17 ODUU18 Leddy-Cooper Subdivision Detailed Subdivisian/Final Plat Application constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. 13. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14. Addresses shall be clearly marked with two (2) inch non- combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15. Utilities shall be extended underground. All of the wildfire requirements will be followed by the applicant and are further memorialized in the draft SIA attached hereto as Exhibit 9. 9. The Applicant shall comply with the applicable codes and requirements of the. Aspen Fire Protection District, including but not limited to access, turgting around of fire appazatus, and installation of an approved fire sprinkler system. On-site water supply for fire fighting is not required as the#e is a hydrant adjacent to the diveway on Spruce Street. This requirement is further memorialized in the draft SIA attached hereto as Exhibit 9. 10. Tra~h/gazbage shall be kept in an approved beaz resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Ver)fication of compliance shall be provided prior to issuance of a certificate of occupancy. This condition is understood and will be followed by the applicant. 11. No development, including grading, excavation, fill placement, landscaping, berming, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described abode. All development will occur within the approved Activity Envelopes. 12. Prior to commencement of any eazthmoving or construction activity on each lot, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building env@lope. The fencing shall remain in place until a Certificate of Occwpancy is issued for the residence. O U ~ , (~a~el ID 27!37-(171-02-001) Page l8 Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application The corners of the building envelopes will be staked and construction fencing will be installed prior to any development. Said fencing will be maintained and will remain in place as required. 13. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. This condition is understood and does not require any further response 14. Failttre to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. All conditions of approval will be complied with. If ypu should have any questions or require additional information, please do u~ot hesitate to contact me. You can reach me at the numbers and address pCOVided at the bottom of this letter's first page, or by email at mhaasQsopris.net. Truly yourls, HAAS LAND PLANNING, LLC aa~, AICP Manager Attachments cc: Joseph E. Edwards, III, Esq. Soptis Engineering, LLC (PareellD 2737-071-OZ-001) Page 19 OOUD20 Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application Leddy-Cooper Subdivision Detailed Subdivision/Final Plat Application Exhibits: 1 Pre-Application Conference Summary 2 Proof of Ownership/Title Policy 3 Authorization to Represent the Owner 4 Application Fee Agreement 5 Adjacent Property Owners List 6 BOCC Resolution No. 006-2008 7 Draft GMQS Covenant 8 BOCC Resolution No. 017-2008 9 Draft Subdivision Improvements Agreement Maps: 1. Approved Conceptual Subdivision Map 2. Existing Conditions Map 3. Draft Final Plat 4. Lot 2, Leddy-Cooper Subdivision, Activity Envelope Plan (ParcellD 1737-07l-OZ-001) Page 20 UODU21 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY EXFIIBIT -~ LOCATION: 704 N. Spruce St. OWNER: Tom Leddy & Scottie Cooper REPRESENTATIVE: Mitch Haas ZONING: R-30 DATE: 7/17/08 PID# 273707102001 PHONE and EMAIL: 925-7819 mhaas(d~sopris.net PARCEL SIZE: 92,342 sf PLANNER: Suzanne Wolff, 920.5093 Type ofAppGca6on: Subdivision Detailed Submission and Final Plat, Special Review and GMQS Exemption for a Caretaker Dwelling Unit Description of ProjecUD~velopment: The Applicant is requesting approval to subdivide the pazcel into two lots. The BOCC ganted Subdivision Concdptual Submission and Activity Envelope Review approval, pursuant to Resolution No. 017-2008. The BOCC ganted a gowth Management allotment for 9,350 square feet of floor area for the new lo[, pursuant to Resolution No. 006- 2008. The Applicant is alto requesting approval for a caretaker dwelling unit on the new lot. Land Use Code Section to be addressed in letter of request (application): - 2-20-130: Improvemlents Ageements - 2-30-30(h): Special Rwiew Criteria for TDR Receiver Site and CDU; - 2-40-50: Subdivisiotb and PUD Review Procedures - 4-30-50(e)(1)(2): Caretaker Dwelling Unit - 6-30-40(c): GMQS eicemption for CDU - 7-70: Subdivisions Staff will refer the appGcANon to the following agencies: City of Aspen Water Department, Housing Review by: P&Z and BOCC (2 readings) Public Hearing: Yes, at,B000. The Applicant shall post a public notice sign on the property at least IS days prior to the dates specified for the Public Hearing pursuant to Sec. 2-20-]00(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the Public Hearing (by first class mail) to all adjacent property owners and mineral estate owners wit~r the return address of the Community Development Department (form o1' notice to be obtained from the Community Devlelopment Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the Public Hearing. FEES: $4,250 for each application (make check payable to "Pitkin County Treasurer") • $3,992 Planning Of$ce flat fee (non-refundable; based on 16 hours of staff time; if staff review time exceeds 19.2 hours, the Applicant will be charged for additional time above 16 hours at a rate of $249/hour) • $179 Housing • $54 Publication Fee • $25 Clerk Technology Fee To apply, submit 9 co i s of the following information, unless noted otherwise: 1. Summary letter explaining the request, explaining existing conditions, providing backgound on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Detailed Subdivision requirements as specified in Section 2.6.2 of the Pitkin County Land Use Application Manual; ~~UU2 3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagces, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land foT the purposes identified in the development application. 4. Parcel description, inciuding legal description and vicinity map; 5. Total fee for review of the application; 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (I copy); Z Consent from owner(s) to process application and authorizing the representative (I copy); 8. List of all adjacent property owners and mineral estate owners (1 copy); 9. Copy of this preapp fprm (I copy) NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO-SIDEC) COPIES OFALL REMAINING COPIES OFYOUR APPLICATION (IFPOSSIBLE). THE PARCEL IDs SHOUIjD BEINCL UDED ON ALL DOCUMENTSINCL UDED BV YOUR APPLICATION. - ALL MAPS SHALL B~' FOLDED. - This pre-application conference summary is advisory in nature and not binding nn the County. The information provided in this sum~urv is based on current zoning standards and staff's interpretations based upon representations of tht? applicant. Additional information may be reyuired upon a complete review of the application. ODUU23 jawyers isle nsurance o oration r1? ,.,...,,,......, . . EXHIBIT ~ 2 ALTA Commitment For Title Insurance American Land 7 itle Assncialinn ~7'7hh) AUTFIORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3'u'FLOOR ASPEN, COLORADO 81611 970-925-1766-PHO N E 970-925-6527-EA X 877-217-3158-TOLL FRGS E-MAIL ADDRESS: TI"I'LE MATTERS: CT..OS[NG MATTERS: Vif~ce Higens-wincef+sopris.net TJ Davis-tjdf+.sopris.net Toth Twitchell-tomtf+sopris.net Joy Higens-joy++sopris.net Brdndi Jepson-brandi++,sopris.net {Closing & Title Assistance) Leijgh Nokes-leigh~sopris.net (general office assistance) I~.n~.d Is, LuryersTltle Insurance Crporat ion tlnme Of(ia~: l0I Gulnrnq l'rnlm ParAu v+O, Gn/rmnq Ovr IZirhurnro/, l'irgiuin 2.727.5-5 C73 7-.400-JJh-i0fi6 R 71111;-2r.N OODU2z COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 9, 2007 at 8:00 AM 2. Policy or Policies [o be issued: (a) ALTA Owner's Policy-Form 1992 Proposedlnsured: (b) ALTA Loan Policy-Form 1992 Proposedln9ured: (c) ALTA Loan Policy-Form 1992 Proposed Inslured: Case No. PCT-7624PR0 Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premiums 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FQE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective data hereof vested in: THOMAS A. LEDDY and LESLIE T. COOPER 4. The land refetred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as'~follows: LOT 1, SMUGGLER'~SUBDIVISION, according to the Plat thereof recorded in Plat Book 4 at Page 286. PITKIN COUNIY I`I'I LI•., INC. 6111 li. I IOPKINS, AFI'LN, CO. Hlfill 970-92,17661'honiy/9714925-fi527 Pax N77-217-3158 Toll Itiar AUTHORIZED AGP.N I" Countersign@d: Schedule A-PG 1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. OOOOLS SCHEDULE B -SECTION ] REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Palyment to or for the account of the grantors or mortgagors of the full consideration for the estaf@ or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly fled for record to-wit: THIS COMI~,IITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRAClI TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDq`TIONAL REQUIREMENTS ANDlOR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENTOF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED TH~S REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINE HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY INANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBl~IGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. OOO'2~ SCHEDULE B SECTION 2 EXCEPTIONS The policy or polities to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and in pection of the premises would disclose and which are not shown by the public records. 4. Any lien, or ri ht tc a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not sho n by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, iT any, created, first appearing in the public records or attiaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of rdcord for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due arld payable; and any tax, special assessment, charge or lien imposed for water or sewer service or forany other special taxing district. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded April 6, 1959 in Book 187 at Page 174. 8. Restrictions 8s set forth in Deed from Donald T. Randall to Robert N. Albouy and Margaret E Albouy recorded October 30, 1970 in Book 251 at Page 624. 9. Easement 30 feet in width as set forth in Deed recorded October 30, 1970 in Book 251 at Page 626. 10. Easements, nights of way and all matters as disclosed on Plal of subject property recorded in Plat Book 4 at Page 286. 11. Encroachmeht of shed onto subject property as shown on survey prepared by Aspen Survey Engineers, Inc., dated June 7, 1993 as Job No. 2135. 12. Terms, conditions, provisions and obligations asset forth in Sewer Easement Agreement recorded December 9, 1994 in Book 769 at Page 76. 13. Easement acid right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded September 2, 1998 as Reception No. 421441. 14. Terms, conditions, provisions and obligations as set forth in Letter regarding Encroachment recorded November 2$, 2000 as Reception No. 449246. 15. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded August 9, 2002 as Reception No. 470836. (Continued) OO~UG! Pitkin County Community Development Dept 130 S. Galena Street Aspen, CO 81611-1975 EXHIBIT ~_ RE: 704 Spruce Street (PID# 2737-071-02-001-Application for Detailed Subdivision, Final Plat and Special Review for a CDU To whom it may concern: As owner of the above referenced property, I hereby authorize Haas Land Planning, LLC (I1LP) and Klein, Cot@ & Edwards P.C. (KCE) to act as our designated and authorized representatives for the preparation, submittal and processing of an application for the approvals listed above, as well as, any incidental approvals associated therewith. HLP and KCE are also authorized to represent us in meetings with Pitlcin County staff, the Hearing Officer, the Planning and Zoning Commission, and the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. Yours truly, ~~ Thomas A. Lec dy Leslie T. Cooper ~~~ 704 Spruce Street Aspen, COi 81611 (970) 920-2#74 O Q ~ U L ~ PID# 2737-071-02-001 EXHIBIT ~_ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Thomas A. Leddv and Leslie T Cooper (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058-2001 establishes a fee structwe for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not passible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they aze necessary as costs aze incurred. COUNTY agrees rt will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staffto complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Plarming Commission and/or Board of County Commissioners to make legally required Endings for project approval, unless current billings aze paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the COUNTY'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 4 250* which is for 16 howl of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY 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 failwe to pay such accrued costs shall be grounds for suspension ofprocessing. PITKIN COUNTY APPLICANT: ~SC~ze.~ /Z/ Cindy Houben Community Development Director r C ~ ~` Thomas A~Leddy/Les6e T. Cooper ~/~ ,/o X ate ` Phone: (970) 920-2474 Mailing Address• 704 Spruce Street Aspen. CO 81611 '53,992 = Flanking Flat Fee; 554 =Public Notice Fee; $179 Housing Referral; $25 Clerk Technology Fee OOOfl29 PID# 2737-071-02-001 EXHIBIT 5 ADJACENT PROPERTY OWNERS LIST Balcierson Martha N Knutson Bruce C. White Lani N 708 Spruce Street 104 Williams Way, PO Box 1033 Aspen, CO 81611 Numher E-104 Aspen, CO 81612 Aspen, 0087611 Bienko++=ski Enriyuc PO Box 536 Aspen, CO 8167 2-0536 Caplan Mitchell H 69101-Iillmead Road Bethesda, MD 2087.7 Closic Jason 319 Teal Cnurt Aspen, 0087611 DeWolfa Daniel G 502 Williams Way Aspen, CO 81611 Ferguson Robin P. PO Box 2691 Aspen, CO 81612 Francis Iohn Patrick 401 Williams 6Nav Aspen, CO 8] 611 Greene Jeffrey R. & Karen Blomquist PO Box 152 Aspen, CO 81612 F larano Johnny PO Box 71049 Aspen, CO 81612 Kinsman Dinah l..ee 101 Williams Way, Number 204 D Aspen, 0081611 MacDonald, Christopher H. 301 Williams Way Aspen, CO 81611 Medlin Melinda M PO Box 8813 Aspen, CO 81612 Moran James T. & Marv 688 Spruce Sheet Aspen, CO 81611 Morrison Susanne & Richard 304 Williams Wav Aspen, CO 81611 Pitkin County 530 E Main St #302 Aspen, CO 81611 Sandberg Katharine A 202 Williams 1'Vav Aspen, CO 816ll Sharkey Tom PO Box 717 Aspen, CO 81612 Vernier Julie & Joseph 504 Williams Wav Aspen, CO 81611 Williams Paul R 402 Williams Way Aspen, CO 81611-3287 Williams bVoods HOA c/o Oates Hughes Kneuvitch 533 E Hopkins Avc Aspen, CO 81611 PI Drl 273 7-071-02-O01 000030 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ALLOCATING 2007 URBAN GROWTH BOUNDARY RESIDENTLIL GMQS ALLOTMENTS FOR NEW LOTS AND PARCELS Resolution No. G~i -2008 RECITALS I. On December 11, 2007, the Planning and Zoning Commission ("Commission") held a duly noticed public hearing at which iime evidence and testimony was presented with respect to Urban Grow[h Boundary growth management applications. 2. The Commission reviewed the following application for the 2007 Urban Growth Boundary Residential GMQS competition for new lots and parcels: Leddy/Cooper: Requesting 9,350 square feet of floor area for a single family residence and customary accessory structures on a new lot. The Applicant is also requesting Subdivision Conceptual Submission and Activity Envelope approval. The property is located at 0704 North Spruce Street and is described as a Lot 1, Smuggler Subdivision. 3. There are 23,000 square feet available in the Urban Growth Boundary for the 2007 residential GMQS competition for new lots and parcels. 4. The Commission gave the Leddy-Cooper application a score of 20 points, which exceeds the threshold of i3 points; therefore, the lot is eligible for the requested development allotment. 5. Pursuant to Section Z-40-40(c) of the Land Use Code, the Commission's scores were forwarded by resolution to the Board of County Commissioners ("BOCC") at a regular meeting on December 19, 2007. 6. No appeals to the scoring have been filed within the required time frame. NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate 9,350 square feet of floor area to Lot 2 of the Leddy-Cooper Subdivision as a result of the 2007 Urban Growth Boundary Residential GMQS competition for new lots and parcels. This allocation is conditioned upon recordation of a covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed and approved by the Community Development Department and recorded against the property, prior to issuance of a building permit to utilize the awarded floor area. StaNtory vested ruts for approval granted herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to exceptions set Torth in Pitkin County Land Use Code Section 2-20-170 and C.R.S. 24-68-1 DS. The vested rights for this approval shall expire on January 9, 201 I . NOTICE OF VESTED IGHTS PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE / 3 °4' DAY OF ~. APPROVED AND ADOPTED ON THE 9'" DAY of JANUARY, 2008. RECEPTION#: 646175, 01/28/2008 at 10:41:02 AM, x 0 0 0 31 1 OF 2, R 50.00 Doc Code ORDINANCE Janice K. Vas Caudill, Pitkin County, CO Resolution No.(~-7008 Page 1 ATTEST: Jones County APPROVED iAS TO FORM: C=~T-~ John Ely, ~'"~ lCou y P135-07 273707102001 APPROVED AS TO CONTENT: C C d Houben, Community Development Director 000032 BOARD OF COUNTY COMMISSIOD OF PITI{IN COUNTY, COLORADO EXHIBIT ~_ COVENANT IN ASSOCIATION WITH THE PTTKIN COUNTY 2007 URBAN GROWTH BOUNDARY RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM NEW LOT ALLOTMENT AWARDED TO LOT 2, LEDDY-COOPER SUBDIVISION THIS COVENANT is made this day of , 2008, by Thomas A. Leddy and Leslie T. Cooper (hereinafter "the Owners"), whose address is 704 Spruce Street, Aspen, CO 81611. RECITALS: WHEREAS, the Owners own that certain real property legally described as Lot 1, Smuggler Subdivision, Pitkin County, Colorado, according to the map filed in the office of the Pitkin County Clerk and Recorder in Plat Book 4 at Page 286 (hereinafter the "Fathering Parcel"); and WHEREAS, pursuant to Pitkin County Board of County Commissioners (hereinafter the "BOCC") Resolution No. 017-2008 (Reception No. 547077), the Owners have received Conceptual Subdivision appa'oval to subdivide the Fathering Parcel into Lots 1 and 2 of the Leddy-Cooper Subdivision; and WHEREAS, on September 4, 2007, an application (hereinafter the "Application") was submitted for a Growth Management Quota System (GMQS) allotment of 9,350 square feet of floor azea for a single family residence and customary accessory structures on Lot 2 of the Leddy-Cooper Subdivision (hereinafter `Yhe Property") through the 2007 Urban Growth Boundary Residential GMQS scoring and competition procedures for new lots and parcels; and WHEREAS, the Planning and Zoning Commission of Pitkin County ("the Commission") awarded a score of 20 points to the application, which exceeded the minirnum threshold total score as well as the minimum threshold score for each scoring category; and WHEREAS, the BOCC accepted the recommended scoring of the Connnission and passed Resolution No. X06-2008 (Reception No. 546115) awarding the requested allotment of 9,350 square feet of floor azea for the new lot on the condition that the Owners record a covenant documenting the representations rY~ade in the Application requesting the allotment and resulting in the approved scoring. NOW, THEREFORE, the residential squaze footage allocation is conditioned upon, and no building pernvt to utilize the awarded squaze footage shall be issued until, the following covenants detailing the repi esentations made in the application and recognized by the Commission through the award ofpoints }gave been recorded in the Office ofthe Pitkin County Clerk and Recorder. 1.0 General. 1.1 Development on Lot 2 ofthe Leddy-Cooper Subdivision shall be in accord with the conditions and Lmitptions of BOCC Resolution No. 017-2008, which granted Conceptual Subdivision and Activity .,Envelope approvals, together with and as may be amended by any conditions and limitatiorts established in association with any subsequently granted Pitkin County approvals, 000033 including but not necessarily Invited to Detailed Subdivision/Final Plat and Site Plan Review approvals. 1.2 The 9,350 square feet of allocated floor area will allow development of the base maximum floor area of 5,750 square feet, of which 577 square feet shall be exempt space, plus the remaining 4,173 square feet of exempt square footage in accordance with the provisions and requirements of the January 9, 2008 Pitkin County Land Use Code. 2.0 Impacts on Public and Private Facilities 2.1 In any primary structure built on Lot 2, Owners will install an engineered automatic fire suppreslsion system (sprinklers) meeting the requirements of the fire code. If necessary, a pump will be installed to ensure adequate pressure. To the extent that the Fire Marsha] requires vehicle turnouts and/or turn-around pads, such can and will be provided. 2.2 Upon the sale of either of the two lots in the Leddy-Cooper Subdivision, Owners shall provide to the Putkin County Open Space and Trails Department $15,000 to be applied to the financing of planned improvements to the Lani White trail. 2.3 Upon the sale of either of the two lots in the Leddy-Cooper Subdivision, the Owners shall contnbute a maximum of up to $70,000 toward drainage improvements in the Spruce Street right-of+way along the frontage of the Property and the immediately adjacent and uphill property to the eastern edge of the access driveway for the uphill property. The funded improvements may include fees for the engineering and design ofthe improvements. 2.4 Upon the sale of either of the two lots in the Leddy-Cooper Subdivision, the Owners shall fund and coordinate upgrading of the City of Aspen's Smuggler Trailer Park bus stop facilities (at the intersection of South Avenue and Park Circle) with minor improvements such as a conaete pad for a new bench, the new bench itself, abear-proof trash wntainer, and other minor amenities (not including a bus shelter). Part of Owners' coordination respons~bifities wdl urclude selection ofmaterials, establishment ofa budget and choice of a contractor for approval by the City Transportation Programs Director. The owners shall further see to the implemgntation of the approved plan with the oversight of said Director. 3.0 Effects bn the Environment 3.1 Owners commit to the development of the new home on Lot 2 of the Leddy-Cooper Subdivision achieving Leadership in Energy and Environmental Design (LEED) certification for Homes from the U.S. Green Building Council (USGBC). 3.2 The Owner's contractor shall implement a construction management plan (CMP) aimed at minimizing disturbance to the neighbors by reducing impacts associated with construction Lot 1, Leddy-Cooper Suhdivision GMQS Covenant Page 2 of 6 OOOo?3!> while allowing work to proceed in such a manner as to avoid prolonging construction periods. At a minimum, the CMP shall include the following measures: 3.2.1. Travel Demand Measures (TDM) and Traffic Control Program: • Delivery of construction raw materials will be prohibited during the peak traffic periods for Aspen; this will limit such delivery access to the site from 8:00 AM to 9:00 AM, and from 3:00 PM to 6:00 PM. Exceptions to this will be scheduled concrete pours and other time-sensitive deliveries. • Sub-contractors will be issued a limited number of parking permits for their workers. • The general wntractor will be required to provide a parking plan with their individual construction contracts. • Contractors will be required to provide some van-pooling or car pooling programs as part of their construction wntract. Reduction in payment provisions for failures to comply shall be incorporated into the contracts. • To the greatest extent possible, raw materials will be stockpiled on site to try to consolidate deliveries of materials in larger quantities (i.e., gravel). The storage area will be located within the Activity Envelope and/or an existing structure on the property, and will be utilized for bulk storage of material and equipment and the secure storage oftools. • The general contractor shall be responsible for monitoring delivery and contractor compliance with the TDM program. The general contractor shall establish a program to monitor all such traffic and establish procedures to ensure compliance with the TDM program. The program shall include enforcement measures. • Parking on neighborhood streets will be prohibited. • There will be no parking allowed on Spruce Street. 3.2.2 Fugitive Dust Control Plan: Dust control will be implemented from start to finish of each construction season until projects are complete. The general contractor will be required to assume all responsibility for dust control and shall carry out proper and efficient measures wherever and whenever dust control is necessary, thereby minimizing dust damage and nuisance to persons and property. The general contractor will also be required to control dust at the work site by the use of a water truck or an effective palliative using such dust- laying equipment and methods as may be required. To the greatest extent possible, raw material deliveries to and from the site will be water sprayed or covered with tarpaulins as necessary to additionally minimize dust and dirt from construction operations. 3.2.3 Notification Plan: No work will commence until the utility company has located the utilities or written consent to proceed has been issued. If utility service must be interrupted, the general contractor will be required to notify the appropriate County authorities and the affected utility users at least twenty-four (24) hours prior to interruption. Notice will consist of the contractor's posting of prominent and easily read signs and personally contacting affected neighbors. Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 3 of h 000035 3.2.4. Noise Control: The genera] contractor will be required to wmply with all applicable noise control regulations, including the Pitkin County Noise Abatement Ordinance. All construction equipment operations shall be scheduled to operate only during daylight hours (i.e., 7:00 am to 7:00 pm), Monday through Saturday. 3.2.5. Additional Measures: • All construction waste shall be sorted into recyclable and no-recyclable bins for pick- up. • As much excavation material as possible will be utilized on site for landscaping to minimize the need to take excavation materials off-site. • To the extent practicable building waste will be chipped on site, requiring fewer trips to the landfill or recycling center. • Site disturbances will be minimized and any areas to be disturbed will be revegetated with native species. 4.0 Recordation Once fully executed, this Covenant shall be recorded in the office of the Pitkin County Clerk and Recorder. At any time after the satisfaction of all of the requirements of Section 2.0 and 3.0 (that is after sale of either Lot I or 2 by Leddy and Cooper to any third party purchaser and after construction of a home on Lpt 2), the Owner of either Lot 1 or Lot 2 may prepare and provide to the County for its signature a document acknowledging the satisfaction of all requirements of Section 2.0 and 3.0 and releasing the parties from any further obligations under this Agreement and declaring this Agreement of no further force and effect and the County shall sign and deliver such document for recording. 5.0 Notices Notices to the parties shall be sent by United States certified mail to the address set firth below or to any other address which the parties may substitute in writing. To the Owner: Thomas A. Leddy and Leslie T. Cooper 704 Spruce Street Aspen, CO 8161 ] To Pitkin County: County Manager 530 East Main Street Aspen, Colorado 8]61 I With Copv To: Pitkin County Attorney 530 East Main Street Aspen, Colorado 8161 I Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 4 oj6 000036 6.0 Binding Effect The provisions of this Covenant shall run with and constitute a burden on the Property and shall be binding on and inure to the benefit of the Owner and the County's successors, personal representatives, and assigns. 7.0 Amendment This Covenant may be altered or amended only by written instrument executed by the parties, upon approval by the BOCC. 8.0 Severability If any of the provisions of this Covenant aze determined to be invalid, it shall not affect the reman~ing provisions hereof. 9.0 Enforcement Owner hereby agrees that in any adjudicated controversy concerning this Covenant, the prevailing party is entitled to its costs and reasonable attome}~s fees. Failure to enforce this Covenant does not constitute a waiver of any rights to commence enforcement. [Signatures on following page] Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 5 aj6 000037 APPROVED: Cindy Houben, Community Development Director OWNERS: Thomas A. Leddy Leslie T. Coopea- STATE OF COLORADO ) )ss. COUNTY OF PITHIN ) The foregoing instrument was acknowledged before me this day of , 2008, by Thomas A. Leddy and Leslie T. Cooper, Owners of the Property. Witness my hand and official seal. My commission expires: Notary Public Lot 2, Leddy-Cooper Subdivision GMQS Covenant Page 6 of 6 000038 EXHIBIT ~_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE LEDDY-COOPER SUBDIVISION CONCEPTUAL SUBMISSION AND ACTIVITY ENVELOPE REVIEW Resolution No.01? -2008 RECITALS I . Thomas Leddy & Leslie Cooper ("Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to request conceptual subdivision approval to subdivide the property inio two lots and to establish an Activity Envelope on the new lot. 2. The property is located at 704 Spruce Street, and is legally described as Lot ],Smuggler Subdivision. 3. The lot is zoned R-30 and contains 2.12 acres, and is located within [he Urban Growth Boundary. 4. The BOCC granted a growth management allotment of 9,350 square feet of floor area for a single family residence on the newly subdivided lot, pursuant to Resolution No. U06-2008. 5. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly scheduled meeting on December 11, 2007, and recommended approval by a vote of 4-0. 6. The BOCC considered the proposed application at a duly noticed public hearing on February 13 and a regular meting on February 27, 2008. 7. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Qode. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the Lcddy-Cooper Subdivision Conceptual Submission and Activity Envelope, subject to the following conditions, wh~ch shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made during the application process or in public meeVings or hearings and shall consider those representations to be conditions of approval. 2. With the Dbtailed Submission/Final Plat application, the Applicant shall: A. Provide a draft Improvements Agreement. B. Submit will serve letters from utility companies. RECEPTION#: 547077, 03/05/2008 at 09:43:24 AM, 3. The following shall be delineated on the Final Plat: 1 Of 5, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A. An eas}ment for the City of Aspen water main. B. An access easement across Lot 1 [o benefit Lot 2. 4. ConcurrenPwith recordation of the Final Pla[ and prior to submission of the Site Plan Review application',for Lo12, the Applicant shall record an Activity Envelope Plan in accordance with Land Usc Codc Section 2-30-20(g) and Application Manual Section 2.I.1. The Activity Envelope Plan shall first be submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalisation and recordation. if the site plan 000039 Resolution No~-2008 Page 2 review application is submitted with the Subdivision Detailed Submission/Final Plat application, then the Site Plan and Activity Envelope Plan shall be recorded concurrent with the Final Plat. 5. Prior to submission of any building or other development permit applications for Lot 2, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30- 20 and 7-10-50 of the Code. 6. Prior to submission of any building or other development permit applications for Lot ], the Applicant shall be required to submit for approval an application for Activity Envelope and Site Plan Review, pursuant to Secs.2-30-20 and 7-10-50 of the Code. 7. Prior to issuance of a building permit for the residence on Lot 2, the Applicant shall: A. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer and the Cotmunity Development Department. B. Obtain. afireplace/woodstove permit from the Community Development Department, if necessary. C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologjst for review and approval by the Planning Engineer. This plan shall include the drainage improvements along Spruce Street that were committed to in the growth management application. D. Obtaima tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District. F,. Pay thct applicable road and employee housing impact fees. F. SubmiT a construction management plan for review and approval by the Planning Engineer. G. Submitita detailed revegetation plan for dis(urbed areas with appropriate seed mixes and a tree mitigation plan. H. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the paymerh[ shall be based on the regulations in effect at the time of building permit issuance. 1. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space. Calculation of the payment shall be based nn the regulations in effect at the time of huilding permit issuance. 8. 'I"he Applicant shall comply with the following standards for Development in a Moderate Wildfire hazard Area: A. DefensFble Space: The area around all buildings/structures, limited by property boundaries that may liiitit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegctation manipulation to meet these conditions may not be necessary where the natural vegctation patterns have already fulfilled these conditions): 1) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot (1D~) perimeter around all structures. 2) All branches from frets and brush within 30 feet of all structures (or to the property line) shall be pruned to a height often (10) feet above the ground with removal of ladder fuels frorln around trees and brush. 3) Tree crown separation for coniferous trees shall be al least 10'. Tree crowns for aspen may [ouch and interconnect, as long as ladder fuels have been removed from beneath trees. 4) Fla}nmable mulches are not allowed within 2' of all structures, Aspen trees shall be at least 10`from the house. ODUU4O Resolution No.~~~ -2008 Page 3 5) Up to 5 evergreen trees are allowed within 30' of all structures, but should be limbed to ] 0' and shall not have any flammable fuels underneath the trees. These trecs shall be separatcd by at least 20', unless clumped together (no more than 3 frets in a clump) in which case the clump shall be separated by at least 30' from another clump or individual tree. 6) No trees shall be within 15' of any window. 7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 8) A61 deadfall up to a one hundred (100) tout perimeter or the property line shall be removed. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: I) All roof coverings shall be constructed ofnon-combustible materials and installed on a Class A roof assembly. 2) AIO roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the FirFe Marshal prior to submittal of a building permit application. C. Roof Venting: 1) Soffit venting shall be located in [he outer 1/3`d portion of the overhang. 2) Attic, soffit and other roof venting shall be ofnon-corrosive metal mesh with maximum '/<" openings. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: Sheath. with non-combustible materials, or cCombustible materials underlain with 5/8" Type X gypbodrd or equal, or minimum 4x6 rafters with 2x T&G decking. E. Decks,'Decking, Cantilevered Floors, or Other Projections Below the Roofline: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. F. Maintehtance and Miscellaneous Requirements 1) Ropfs and gutters steal) be kept clear of debris. 2) Robf vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (''/a) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Ya(ds shall be kept clear of all litter, slash and flammable debris. 5) Alli flammable materials shall be stored on a parallel contour a minimum of fifteen (1 S) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (1 S) feet 000041 Resolurron Na.U~-?008 Page4 away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the wal'Is. 13) Each structure shall have a minimum of one ten (]0) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. 15) Utilities shall be extended underground. 9. The Applicaint shall comply with the applicable codes and requirements of [he Aspen Fire Protection District, including but not limited to access, fuming around of fire apparatus, and installation of an approved fire sprinkler system. On-site water supply for fire fighting is not required as there is a hydrant adjacent to the driveway on Spruce Street. 10. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. 1 I . No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or diisturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the pgrimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 13. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 14. Failure to co(nply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 000(142 Rerolutron No.f/~-2008 Page 5 NOTICE OF PUBLIC HEARING published in the Aspen Times Wcckly on the 20'" day of January, 2008. 2008. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 13'" day of Febmary, APPROVED AND ADOPTED AFTER SECOND READING on [he 27'h day of Febmary, 2008. 2008. PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the ~ day of ~(,((~_, p~fdbd~a _ i...VtQ fin., CAE Cindy Houben Community Ddvelopmen[ Director P135-07 PID 273707102001 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO J k Hatfield, Cha' mR.v i APPROVED AS TO FORM: 1 y ttomey ~~~C~ ~ APPROVED ASTO CONTENT: SUBDIVISION IMPROVEMENTS AGREEMENT FOR LEDDY-COOPER SUBDIVISION EXHIBIT ~_ THIS SUBDIVISION IMPROVEMENTS AND VESTED PROPERTY RIGHTS AGREEMENT FOR LEDDY-COOPER SUBDIVISION ("Agreement") is made and entered into this day of , 2008, by and between THOMAS A. LEDDY and LESLIE T. COOPER (together "Owner") and THE BOARD OF COUNTY COMMISSIONERS ofthe County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado ("County"). WITNESSETH WHEREAS, Owner has submitted to the County for approval, execution and recording a final plat ofLEDDY-COOPER SUBDIVISION (the "Subdivision" or the "Project"), which plat has been filed for record' in the real property records of Pitkin County, Colorado, on , 2008 in Plat Book _ at Page (the "Plat") and incorporated herein and made part hereofby this reference. The real property desenbed in the Plat is herein referred to as the "Property." The Subdivision consists of two lots: Lot I and Lot 2; and WHEREAS, the County has fully considered the Plat, the proposed development and improvement ofthe Property, and the effects ofthe proposed development and improvement ofsaid Property on adjoining or neighboring properties and property owners; and WHEREAS, County has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat finding such matters necessary to protect, promote and enhance the public welfare, and is willing to execute the Plat upon Owner's agreement to the obligations herein, all as requved by the Pitkin County Land Use Code (the "Code"); and WHEREAS, the Owner is willing to acknowledge, accept, abide by and faithfully perform these obligations and to enter into this Agreement with the County to provide for the same; and WHEREAS, pursuant to § of the Code, County is entitled to certain financial guarantees to ensure that required public and common private improvements are installed, and Owner is prepared to provide such guarantees as hereinafter set forth; NOW, THEREFORE, for and in consideration ofthe mutual covenants and a~eements herein contained, the approval, execution and acceptance ofthe Plat for recordation by the County, and for other good acid valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows. -1- ARTICLE I REGULATORY APPROVALS The Property is subject to the following regulatory approvals. I. Pursuant to Resolution No. 017-2008 adopted February 27, 2008 and recorded as Reception No. 547077 in the office ofthe Clerk and Recorder ofPitkin County, Colorado, the Pitkin County Board of County Conunissioners (the "BOCC") granted to the Property approvals for Subdivision Conceptual Submission and Activity Envelope Review (for the Activity Envelope on Lot 2). Such approvals provided for creation of two single-family residential lots. 2. Pursuant to Resolution No. -2008 adopted on , 2008, (hereinafter referred to as the "Resolution"), the BOCC granted Detailed Subdivision and Final Plat approval to the Subdivision. The Subdivision is subject to all conditions and restrictions set forth in said Resolution. In the event of any conflicts between Resolution No. 017-2008, Resolution No. _- 2008, and this Agreement, the terms and provisions of this Agreement shall govern and control. In the event ofany conflicts between Resolution No. 017-2008 and Resolution No. -2008, the terms and provisions ofthis Resolution No. -2008 shall govern and control. 3. Pursuant to Resolution No. 006-2008, the BOCC granted approval of a growth management allotment for 9,350 square feet offloor area for a single family residence on Lot 2. Lot 1 is the "Fathering Parcel" and has a GMQS exemption for a single family residence. ARTICLE II COSTS AND FINANCIAL ASSURANCES I. Nature and Estimated Cost of Improvements. Owner shall he responsible for construction and installation of all improvements required hereunder (the "Improvements"). The nature, extent amd estimated cost ofthe Improvements are set forth on the schedule attached hereto as Exhibit A and incorporated herein by this reference. In the event the cost of any one or more of the Improvements exceeds those costs estimated on Exhibit A, Owner shall be solely responsible for the higher cost Thereof. 2. Financial Assurances. Owner's completion ofthe Improvements described on Ex}nbit A shall be secured by collateral sufficient to make reasonable provision for the completion of the Improvements in accordance with the constnuction schedule and specifications therefor in the form of Collateral Security. The Collateral Security shall be documented in a manner acceptable to the County Attorney. No Lot shall be conveyed or transfer ed and no building permit shall be issued for a residence on Lot 2 until such time as the Collateral Security is provided to Pitkin County in a form -2- 00004 acceptable to the County Attorney. The County may withhold execution of the Plat until the Collateral Security is provided. Upon the recording ofthe Plat and the acceptance ofthe Collateral Security by the County Attorney, the Lots may be conveyed and building permits maybe issued. a. As portions of the Improvements are completed, the County shall inspect them; and, on approval and acceptance of the Improvements by the County, the County Attorney shall authorize the release of that amount ofthe Collateral Security equal to the cost ofthat portion ofthe Improvements completed and accepted provided, however, ten percent ofthe cost of the Improvements completed shall be retained until al] Improvements are completed and approved by the County. b. Owner shall construct the Improvements provided for in this Agreement in substantial compliance with the construction schedule. If Owner fails to complete the improvements in accordance therewith, Owner shall be given 90 days' written notice from the Board ofCounty Commissioners in which to complete the Improvements. If Owner fails to complete the Improvements within the 90-day period, the BOCC, upon 30 days' written notice to Owner, shall have the unconditional right to draw upon the Collateral Security to pay for completion of the Improvements by the County or pay any outstanding bills for any work already completed by any party with the Owner having the right to bond over any outstanding liens on the property. Final payment for any Improvements completed by the County shall be made only after the same has been inspected and accepted by the County. Notwithstanding, during the 90-day notice period set forth above, Owner may submit an updated construction schedule and Collateral Security to complete any outstanding Improvements for review and acceptance in good faith by the County Attorney. Acceptance of the updated construction schedule and Collateral Security shall be at the reasonable discretion ofthe County. c. In the event the Owner defaults hereunder and the County, by withdrawal of Collateral Security, completes the Improvements hereunder, the County shall be obligated to complete the Improvements in an economically efficient manner. If the County does not withdraw Collateral Security, nothing herein shall be deemed to require the County to perform the obligations of Owner. The County may require a default fee asset forth in Exhibit A to cover the County's administrative cost of completing the Improvements in the event the Owner defaults hereunder. County shall also be entitled to any remedies for a breach of this Agreement by Owner allowable at equity or at law, including, without limitation, the revocation of permits and approvals which have not vested. No such revocation shall occur without the Owner or person whose permits or approvals are to be revoked first having been given not less than a thirty (30) day notice and an opportunity for a hearing with the Board of County Commissioners to determine whether or not a breach has occurred and to permit said person to cure the breach within a reasonable time under the circumstances. -3- OOOO~x6 ARTICLE III VESTED PROPERTY RIGHTS This Agreement, the Plat and the Resolutions described in Article I above, constitute a Site Specific Development Plan pursuant to §24-68-101, et.seg., C.R.S., and the Subdivision and development of each ofthe Lots shall be vested against any changes in the County Code, Subdivision Regulations, PUD Regulations or Zoning Regulations, as well as the approvals granted by the BOCC for the Subdivision, including, without limitation, the Plat and this Agreement for a period ofthree years from , 2008, thereby expiring on , 2011. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and the Plat and other agreements and documents executed in connection with Subdivision and consistent with Colorado Statutes. For purposes of this Article III, this Agreement shall be considered a "development agreement" as that term is used in Section 24-68-104 ofthe Colorado Revised Statutes. ARTICLE IV Pitkin County and Owner, and their respective successors or assigns, shall each have the right to prosecute art action at any time to enforce the provisions of this Agreement by injunctive relief and/or for damages by reason of any violation ofthis Agreement. The substantially prevailing party in any action brought to interpret or enforce this Agreement and/or for damages for a violation hereof shall be entitled to an award of its reasonable attorneys' fees and costs. ARTICLE V GENERAL PROVISIONS 1. The purpose of this Agreement is to set forth the terms and conditions applicable to the development, use and operation ofthe Subdivision. This Agreement and the Plat shall applyto all development that occurs within the Subdivision. 2. The terms and pmvisions of this Agreement shall be binding upon and inure to the benefit of Owner, the County, and their respective successors and assigns, including all future owners of Lots I & 2, respectively. 3. Any provision with respect to which the rule against perpetuities or the rule against restraints on ali~rration may be determined to be applicable shall only extend and run for the period of the life ofThomas A. Leddy and Leslie T. Cooper and their now living children, and the survivor of them, plus twenty-one (21) years. -4- 4. This Agreement shall be subject to and construed in accordance with the laws ofthe State of Colorado. 5. Ifany of the provisions ofthis Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validnty of the remainder of the Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 6. This Agreement wntains the entire understanding between the parties hereto with respect to the subject matter hereof. This Agreement and/or the Plat and all attachments thereto, may be amended or Supplemented by the recording in Pitkin County, Colorado real property records ofa written amendrt~ent executed and acknowledged by Pitkin County and by the then-current record owners ofboth Lots. 7. Numerical and title headings contained in this Agreement are inserted only for convenience and for reference, and in no way define, limit, extend or describe the scope of this Agreement or the intent of any portions hereof. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 8. Upon execution ofthis Agreement, the County agrees to approve and execute the Plat for the Subdivislion, and to accept the same for recordation in the office ofthe Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. Owner's obligations to construct the improvements contemplated hereunder are expressly contingent on the County's approving and executing the Plat and the recordation of the same in the office of the Clerk and Recorder of Pitkin County, Colorado. 9. Except as expressly set forth in this Agreement, no representations of any kind, express or impliied, are given or made by Owner or their respective agents or employees in connection with the Subdivision or either Lot or any portion thereof, or any improvements thereon, or physical features thereo#; or the fitness thereof for any purpose, or access or utility service thereto, or the development potential thereofor any manner of compliance with the Pitkin County Land Use Code or applicable envi4onmental or other laws or regulations, or with respect to the cost of owning, developing, enjoying or maintaining any ofthe lands within the Subdivision. 10. pn the event Owner does not develop the Subdivision or market the individual Lots, Owner may se10 all the Lots in bulk in the Subdivision to a third party who may develop the Subdivision, or portions thereof, including the construction ofthe public improvements contemplated hereunder, in accordance with and subject to the provisions ofthis Agreement. Upon such a bulls sale -5- OODU48 to a third party, Owner shall be automatically released of all liability and obligations under the terms ofthis Agreement and the new owner shall be subject to all the provisions hereof. I1. Any notice, communication, request, reply or advice (hereinafter severally and collectively, for convenience, called Notice) in this Agreement provided or permitted to be given, made or accepted by either party to the other party must be in writing and may, unless otherwise in the Agreement expressly provided, be given or be served by depositing the same in the United States mail, postage prepaid and certified and addressed to the party to be notified, with return receipt requested, or by hand-delivering the same to an officer or agent ofsuch party. Notice deposited in the mail in the nnanner hereinabove described shall be effective from and after the expiration ofthree days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the ,party to be notified. For purposes ofNotice, the addresses ofthe parties shall, until changed as hereinafter provided, be as follows: To Pitkin County: The Board of County Commissioners c/o Pitkin County Manager Pitkin County Courthouse 506 East Main Street Aspen, Colorado 8161 ] To Owner: Thomas A. Leddy Leslie T. Cooper 704 Spruce Street Aspen, Colorado 8161 I The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at ]mast five days' written Notice to the other party. ] 2. At any time after final acceptance ofthe Improvements by the County and final release of the Performance Guaranty, the Owner may prepare and provide to the County for its signature a document acknowledging the completion and acceptance of the Improvements and releasing the parties from any further obligations under this Agreement and declaring this Agreement ofno further force and effect and the County shall sign and deliver such document for recordv~g. Upon such recording, this Agreement shall no longer burden the Property nor impose any obligations on the owners thereof. IN WITNESS WHEREOF, the parties have executed this Subdivision Improvements and Vested Rights Agreement the day and year first written above. -6- 000049 OWNER: Thomas A. Leddy Leslie T. Cooper THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By Chairperson ATTEST: By: APPROVED AS TO FORM: By County Attorney STATE OF COLORADO COUNTY OF PITKIN Commissioners. Witness my hand and official seal. 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R t ~ S izg "a9~ ay `~ %'~ ~g~C I d~~ I ~y~3~y q~ ~ g ~' tiFe ~ X95 ~ \A" xR ~ ~ __ LS~ ~~~ 8 d~ ~ / ~ a~ i ~~~ ~ ~~ ~~ ~~ ~ I ~~ ~ i ~ ,~r ~ p I ~ i ~ 1. s i~a d~ ~~ yya <2 3~, &Y ~` A 1 a& 9z --o~Fa R PUBLIC NOTICE RE: Leddy/Cooper Subdivision Detailed Submission and Final Plat, Special Review and GMQS Exemption for a Caretaker Dwelling Unit (CASE# P098-08) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, December 3, 2008 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Tom Leddy and Leslie Cooper (0704 Spruce Street, Aspen, CO 81611) requesting detailed submission and final plat approval to subdivide the property into two lots and obtain special review approval for a caretaker dwelling unit. The property is located at 0704 Spruce Street and is legally described as Lot 1, Smuggler Subdivision. The State Parcel Identifications for this property is 2737-071-02-001. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Jeanette Jones, Deputy County Clerk Boazd of County Commissioners Published in the Aspen Times Weekly on November 2, 2008. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date PITHIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 October 15, 2008 Mitch Haas 201 North Mill Street, Suite #108 Aspen, CO 81611 mhaas@sopris.net Re: Leddy/Cooper Subdivision Detailed Submission and Final Plat, Special Review and GMQS Exemption for a Caretaker Dwelling Unit (PID 2737-071-02-001; Case# P098-08) Dear Mr. Haas: This application has been scheduled for review at a public hearing/ls~ Reading by the Boazd of County Commissioners on Wednesday, December 3, 2008 at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Second Reading has been scheduled for Wednesday, December 17, 2008. The Friday before each meeting date, a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the heazing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be mailed to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeazed no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call the planner assigned to your case, Suzanne Wolff at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit (Code Section 2-20-100) PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526/FAX# (970) 920-5439 August 18, 2008 Mitch Haas 201 North Mill Street, Suite #108 Aspen, CO 81611 Re: Leddy/Cooper Subdivision Detailed Submission and Final Plat, Special Review and GMQS Exemption for a Caretaker Dwelling Unit (PID# 2737-071-02-001; CASE # P098-08) Deaz Mr. Haas: The Planning staff has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in chazge of the review will request the information from you directly. This application has been scheduled for review by the Pitkin County Planning and Zoning Commission on Tuesday, October 14, 2008 at a meeting to begin at 5:00 p.m. in the Library Meeting Room, 102 North Mill Street, Aspen. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: City of Aspen Water Department Housing FROM: Suzanne Wolff, Community Development Department RE: Leddy/Cooper Subdivision Detailed Submission and Final Plat, Special Review and GMQS Exemption for a Caretaker Dwelling Unit (PID# 2737-071-02-001; CASE# P098-08) DATE: August 18, 2008 Attached for your review and comments are materials for an application submitted by Tom Leddy and Scottie Cooper. The Pitkin County Planning and Zoning Commission will review the application on October 14, 2008. Please return your comments to me by Friday, September 26, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. MEMORANDUM TO: Suzanne Wolff, Community Development Department FROM: Cindy Christensen, Housing Office DATE: September 26, 2008 RE: Leddy/Cooper S/D Detailed Submission, Special Review for a CDU Parcel ID No. 2737-071-02-001: P098-08 ISSUE: The applicant is seeking approval to construct an attached or detached caretaker dwelling unit. CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), CDU as Permitted Accessory Use, in the RS-160, RS-35, RS-30, RS-20, AR-10, AR-2, R-30, RO15, R-15A and R-6 zone districts one CDU shall be a permitted accessory use provided that: L It is attached to asingle-family home (the principal dwelling). The caretaker dwelling unit shall not exceed 1000 net livable square Feet on lots or pazcels that are 30,000 square feet or greater in lot area, and 700 net livable square feet on lots or parcels that aze less than 30,000 square feet in lot area. 3. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land. 4. One off-street parking space shall be provided for each cazetaker dwelling unit The applicant shall, by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit: a. shall not be required to be rented; b. not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; c. be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may be from time to time established, or by members of the owner's immediate family even though they may not qualify as employees of the community; d. shall be rented for terms no less than six months if rented. 6. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. Ut Z 7. The provisions of this regulation are for the purpose of providing a voluntazy cazetaker dwelling unit on a legally created lot or parcel in the County. Any unit approved under this provision shall not be used for mitigation of employee housing requirements as established elsewhere in the Land Use Code. A detached CDU may be approved through a special review. RECOMMENDATION: Staff recommends approval of this request under the following conditions: 1. Conditions 1 through 6 stated above aze met. 2. The kitchen contains at a minimum a two-burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. 3. A deed restriction shall be recorded prior to issuance of a building permit. 4. Floor plans of the CDU shall be provided to the Housing Office prior to building permit approval. 5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an inspection of the unit for compliance. 2 Z County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 pUB Signed before me this .3~day of y_-c-ex-r~Y~-, U.~,~,~ zooYby (1~-~f~ ~~as. 3• ~ pS~~~Et `~ WITNESS MY HAND AND OFFICIAL SEAL `~ .s oQ' My commission expires:5 / ~ (~-- 9 TF ~OF GO ~ D~ /1 ~ ~i ~ ~~ ec~ Notary Public Notary Public's Signature I, ~~ LifJ'fj'j ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 ofthe Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing t~ all owners of property adjacent to the subject property, as indicated on the atta hed list, on the ~~day of ~~ , 200Q(which is~days prior to the public hearing date of C3 06 .The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the ownerjg) of the mineral estate underneath the subject property, as indicated on the attached list, on the ~5s'-rdray of QG7 , 200~(which is days prior to the public hearing date of 1~ o .The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public heazing. 3. By posting a sign in a conspicuous p ace on the subject property (as it wuld be se~,n from the neazest public way) on the day of pJ. , 200 ~ which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. {~ of BEtMt~o~Tcwl I,r3~Y I! IITGt~t RtJD~ cI~C'E('moPE2 Signature (Attach photograph ere) Applicant's name Z PITKIN C`NTY COMMUNITY DEVELO~IENT Permit Receipt RECEIPT NUMBER 00026439 Name: Thomas A Leddy Date:B/4/2008 Project Address: 704 SPRUCE ST Type: check # 5968 Permit Number Fee Description 0098.2008.PLAN PP- Flat Fee 0098.2008.PLAN PP- Clerk Tech Fee 0098.2008.PLAN PP- Public Notice Fee 0098.2008.PLAN PP- Housing Referral Fee Total Amount 3,992.00 25.00 54 00 179.00 4,250.00 LEDDY- COOPER SUBDIVISION .~wa, aR men by fnew pwmKa Nat ,>bmaa A 4ttY wd A RESUBDIVISI ON OF LOT SMUGGLER SUBDIVISION 1 L.xb r LLaPer. the orane.a e! arrwin law in Pib:n Cbardµ `"`°'°'" ~`"^Bed°""ma"' SECTION 7, TOWNSHIP 7 SOUTH, , RANGE 84 WEST OF THE 6TH P.M. Lat, 9ma9y4r 9uedaar.Pbn Auontinp b the pYrw Fat eae J recorded in Pat APOt I at Pays 2BY, COUNTY OF PITKIN, . STATE OF COLORADO. [vntainti[p HP,9I8 fq. f. [roe ar 4¢' LbraMy of fYtkisa' S[ah eJ Cb[omda; LAND AHF.A TABLE SHEET 1 rplv0 ame t OF 1 Imw ay rh.» Pwwav mid od, prefer ant aamtiwd ttie maw iKa tae (P/ Nta a[ arbuna en N4 #W wM[r Ne mm[ nM rtyd[ /AT I, SY(2'CL£R SUBDN/SfON 9P.9fB cw ~a lxbn Y M.ucss wxrvw T owl ~~ Wd~ bn nn6 SW J[ct ro tbm dh»menm of ncvK. Y w/dmn NmM[r da A[,¢bY dNic¢h [DT ! LCODY-CiMPRf[ SUBOf['!S/ON SP,Ia SP /qr P LBDDY-[Y.laPL'R SUBD/V/S/ON 99.BBT S£ axr£PoM'E Hv MwmaMt aMUm ocean a u Mi[Wr aM pr Ne em[J ~/ e.mfa~.d tarty ar [v.ty Owvrs Mee +vnate br tea aew ore[' o/ /d }4u H al Me ' TOTAL - 9$918 SP 1 1 n'1 ~ ~ Pu A[c nisuss) s IAP('11' 2 y a l . w (!/ !H right m rHe[Na fN worm wraicv tirPe which .cows mt Oro, pmoiLd that swaL~ .anal( oNY be ezercaw6 urwe tM [¢rwcaer shat[ pmvid[ of n 9 ysor vnrmNy; atl ss¢rt alatt b[ perprmed ae na a m m wimwe ¢ny antemstlfan[ m aerw», and fM .rater wra~i» lane m¢v ae rnaaLr b anY Pow an /o[ prey ar Ln rw ae 4ns r P.cn focatwn daes rot wreawnab[Y a.derpre rnN nher ores al LN One: aM Irl bee m9nt m [arue.,wt a.d .n„fale a dr.wwar ed aadevrawd ~ rpuba ,whin ehe aewt a..a menrd "Arta b da[ornmadate uen4y wxo N e cad APm» 64wrrvr6 wrwrp LN tYPO , prmaded Mot an 'ds B¢i4' / eoaenarat ahetl De saev#ed a tM driw¢aY aanr4ae'46 an6 tM ~ m uf+latNe nw 4vefa(4Q Ne wa wdlh aJ tn[ /Sml wwment thaU ll b M4 D / e +es}a / r ¢ny be P1 /Led, ¢n6 Ne v¢mer al IPr T[w [lw t / d m t rt A D / easrnwra masrermmv, wpafr an mp wmea wv of sac o! ¢ >a wt[M era rot Martd [nJh LM 0.ae. / // eL.adr Nie '3'}' do x 1 ~-~r ~ --- AD. PWS. / / _ / JJ _~ O4npr. __ Thomas A L[ddY / / Ounuf / _,nG _ _~ / 4Nw T. Lbapr / ,m., Stab o/ Cdnmdo/ - ' 'J ~ ~ mm sa/ ~.~ rowdy e! P¢kinl ~ I _ TAe pw9ain ' PPPt nt aw krua tiCyad~6lerc'maTR4 :3~ m ~ day el __Y!~Dy____ 2009. by Tnemas A (Mdy aM Gsl(e r Lboper m V'ffrwq mY M+Pd nrr6 aJJ'o)W zaW N YY t8mmivoion eapwa L~Jl(dL gr gBAP k ,~ C0.°LS /A6N , 1~ NMdry RlediC Add+sw \ ~ ~af1 J6RT ' / Y FPo~ / 6R~ A/ B£ V) 1 \ Pfi +mdentynr is tM tenant finder end bMary ej Mat Red o/ 0 1YU[f recorded at .4w#ion A9. 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