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Home My WebLink Aboutpitkin.planning.273502300005 (2016)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THF. INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summar, Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2735-02-3-00-005 Application Date: 4/11/16 Case No: P032-16 Description: Soldner Family LTD Partnership LLLP Subdivision Detailed Submission and Planner: Suzanne Wolff Final Plat # Copies: 4 Allocated Hours: 8 Project Address: 501 STAGE RD, ASPEN, CO 81611 % Over Hours: 9.6 Property Owner: SOLDNER FAMILY LTD PARTNERSHIP Owner's REP: ALAN RICHMAN REP's Email: arichman@sopris.net Address: PO BOX 90 ASPEN, CO 81612 Address: PO BOX 3613 ASPEN, CO 81612 Owner Phone: REP's Phone: (970) 920-1125 Referrals: OPEN SPACE & TRAILS REFERRRAL Other Referrals: City of Aspen Open Space none ALL OTHER REFERRALS Aspen Valley Land Trust 5/27/16 CITY OF ASPEN Burlingame Master Association none Comments Due Date: 05/27/2016 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 07/05/2016 09/14/2016 09/28/2016 Review Body: p8¢ bocc bocc Public Hearing? no Notice Date: Meeting Notes: Full text reso pub 9/16/16 no 08/11/2016 09/16/2016 Approvals: BOCC Resolution #: 112-2016 #633192 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: 09/28/2016 Plat Recorded Date: VR Expires Date: 09/28/2019 Plat (Bk, PG): Remarks: Application Type: Subdivision Detailed Submission Subdivision Final Plat defer DECISIONS 11111111111111111.1110111 RECEPTIONS:647W1,ft 80.03,13:80.00 DOC CORE:RESOLUTION Pg 1 of 4,OSA Kate at 0e:86:01 AY Janice K Voe Candle,Wein County,CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO APPROVING AN EXTt'NSION OF THE DEADLINE TO RECORD THE SOLDNER SUBDIVISION FINAL.PLAT Resolution No.OF9-2018 RECITAIo5 1. Pursuant to Section 2.8.4(Actions)of the Pekin County Home Rule Charter("HRC"),all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution. 2 Sotdner Family Limited Partnership("Applicant")has applied to the Board of County Commissioners of Pitkin County,Colorado CBOCC")for an extension of the deadline to record the Seidner Subdivision Final Plat to September 17,2018 3. The property is located at 501 Stage Road,and is more specifically described in Exhibit A 4. The parcel is zoned AR-2 and contains 5 03 acres,and is located within the Urban Growth Boundary. 5. The BOCC approved the two lot subdivision,pursuant to Resolution Nos.049-2014 and 112-2016. The Applicant was required to record the plat within 180 days,or by March 27,2017 6. The Community Development Assistant Director granted Iwo extensions of the deadline -to September 22,2017 and March 22.2018 The last extension specified that any further extension would require BOCC approval. 7. The Applicant has been working with Pitkin County Open Space,City of Aspen Open Space and Aspen Valley Land Trust to complete a conservation easement. The Applicant is hoping to close on the easement in the next few months- if the conservation easement is completed,the subdivision approval would be vacated if the conservation easement is nor completed,then the Applicant would record the final plat 8 The BOCC considered the proposed request at a regular meeting on March 14,2018. 9. The BOCC finds that it is appropriate to extend the deadline to provide additional time for the Applicant to complete the conservation easement and thereby to vacate the subdivision approval. 10. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby extends the deadline for recordation of the Seidner Subdivision Final Plat to September 17,2018,and euthenics the Chair to sign on behalf of the County RECEPTIONS,:647991,061112018 at 08:66:01 AM,POs 2 of 4,Janice K.Von Caudill,Mein County.CO Resorption Noel-tor Page 2 APPROVED on the 14th day of March,20 BOARDOF COUNTY COMMISSIONERS. PITKIN COUNTY,COLORADO By_ f _.—__ Patti Clapper,Chair T: 1 i , . t Way' . Jones,Clerk to BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM; 11a Jnr iEZ GLt'L .11-1<., CiJouheri John Ely Community Development Director County.AR6rney • P032-M PID 273502300005 RECEPTIONS:647991,06/1112018 at 08:5601 AM,Pgs 3 of 4,Janice K.Vos Caudill,Pitkin County,CO Te Fred Perm Sabi piaoe SRw Palo5 V.r .,pa.___. . . _. _, � r aaneesu Pen[Orman Ma Vann B%IIIDIT A LEGAL DESCRIPTION Order No:45613 A tract of Mod situated in the NW V.S W Vc ot Section 2,Township 10 South.Range 65 Wen of the Sixth Ptmciya)Meridian,Pitkin County,Colorado,being more particularly described as follow.: Beginning et ae angle point along the Eastern boundary of Burlingame Ranh Subdivision recorded in Plat Book 50 at Page 88.also being on the North line ut x puce)of land described in Book 181 at Parc 320 and the No0heast Coma of u pared of land deseabed as Reception No 497593 troth wheat the West%Comer of said Section 2 bear. North 70'08.54"4 distance of 1182.12 feet with all beatings being relative to North 0441119"lout between the West'4 Comer and the Northwest Comer of said Salim 2, Wince along the Easterly line of and Butlmgwnc Knoell Subdivision the following Iwo(2) cuisines,North 02.52'40"a distance of 165 9R feet, thence North0070'22"West u dinonce of 23.1.64 feet to the North Comer of u_aural of fend described as Reception No 497596, thence along the Westerly line of said parcel of land the following(2)toot.es, South 26.03150"West a distance of 323 86 feet. thence South 34.04'47"West a distance of 120.81 feet in the Southwest Comer of said parcel of • land also being the Northeast Corner of a parcel of land described to Reception No.997597, thence along the Easterly hoe of said parcel of land Jewelled es Heti-Then No.497597 the fo0owng(3)courses,South 13'54'40'West a distance of 403.00 feet, thence South 26.19'05"Wen a distance of 7/ /7 feet. thence South 40'00'43"West o distance of 91 85 feet to the Westerly Inc. 01 that parcel of land described as Reception No 497594. thence along fie Westerly line of said parcel of kind and the Southerly hoe of said pained of land tae Following two(2)cow see,South 00'0652"Nesta distance of 101 07 feel w the Southwest Comer art said panel of land, thence South 81°14'32"Eau a d,stance of 53 21 feet to the Soutlnvest Corner of a pawl of land describes!as Reception Nu 497595; thence along the Southerly lint of mud parcel of land South 81'14'32"East a distance of 291.86 feet to the Southeast Conner of said parcel also be urs on the Eaaarly line of.aid Burlingame Ranch Subdivision; thence South 81•14'32'East u d:stanec of 19 JO feel to a point un the\'e•ledy line ofa parcel of land described in Oook 351 m Poge 144. thence along the W. tcdy lire of said parer-1N orth 0l°01'58"u d.ataw.e of 12 80 tent to"peter on the Southerly line of a pa¢d of land described in Book 181 al Puge 320 alto being thc Southwest Comer of a parcel of land described as Reception No.497598, thence along the Westcity lute of s,ud parcel of land dcsodbed ai Rucpuon No 997598 the following four(9)course c,North 01.01'58"Eeu a distance of 193.85 feet. thence North 02.02'27"Flu o distance of 109 93 feet, thence North 00'19 27"f ref t a d:mance of 298 19 feet, thence North 00'41'53"West a distance of 62 14 feet, thence North 84°03'00"Wee a distance of 6 15 Bet le the Southen.'Corner of a parcel of land described as Reception No 497591, thence along the East line of sa;d parcel of land RECEPTION#: 633192,10/21/2016 at 11:56:23 AM, 1 OF 4, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE SOLDNER SUBDIVISION DETAILED SUBMISSION AND FINAL PLAT Resolution No./d -2016 RECITALS 1. Soldner Family Limited Partnership ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for detailed submission and final plat approval to subdivide the property into two lots. 2. The property is located at 501 Stage Road, and is more specifically described in Exhibit A. 3. The parcel is zoned AR -2 and contains 5.03 acres, and is located within the Urban Growth Boundary. 4. The BOCC approved the Subdivision Conceptual Submission, Special Review and GMQS Exemption for a TDR Receiver Site and Activity Envelope, pursuant to Resolution No. 049-2014. The BOCC extended the deadline for filing the detailed submission/final plat application, pursuant to Resolution No. 041-2015. The application was submitted prior to the May 14, 2016 deadline. 5. The Pitkin County Planning and Zoning Commission ("Planning Commission') considered the proposed application at a regularly scheduled meeting on July 19, 2016, and recommended approval by a vote of 6-0. 6. The BOCC considered the proposed application at duly noticed public hearings on September 14 and 28, 2016. 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 Soldner Subdivision Detailed Submission and Final Plat, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I . All material representations made by the Applicant in the application and in public meetings and hearings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. The Applicant shall adhere to the conditions of BOCC Resolution No. 049-2014, 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. 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. Resolution No. 11.4-2016 Page 2 5. 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 9 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on 2019. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE I I" DAY OF AUGUST, 2016. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 14th DAY OF SEPTEMBER, 2016. RESOLUTION PUBLI, SJHED BY TITLE AND SHORT SUMMARY IN THE ASPEN TIMES WEEKLY ON THE AY OF 2016.E NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE FIC AL PITKIN COUNTY WEBSITE (wmv.asMnpitkin.com) ON THE /1� DAY OF 2016. ADOPTED AFTER SECOND READING ON THE 28TH DAY OF SEPTEMBER, 2016. PUBLISHED BY TITLE AND SHORTUIyIMARY, AFTER ADOPTION ) IN THE PEN TIM'S � WEEKLY ON THE ��DAY OF o r .2016. !-A loll« v A Jones, ClerkI the BOCC VED AS TO CONTENT: t 4&CH— Ci*-houben Community Development Director P032-16 PID 273502300005 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLO �' By - - - R chel I-.. Richards.pair APPROVED AS TO FORM: Jo y� oun mey To: Fred Peirce Audn Peirce 3 Smith Page 5 of 11 2007-03-26 18:26:03 (OMT) 18667280291 From: Stewart TiVe of Aspen EXIUBIT A LEGAL DESCRIPTION Order No.: 45613 A tract of land situated in the NW 1/ SW 1/ of Section 2, Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more particularly described as follows: Beginning at an angle point along the Eastern boundary of Burlingame Ranch Subdivision recorded in Plat Book 50 at Page 88, also being on the North line of a parcel of land described in Book 181 at Page 320 and the Northeast Coiner of a parcel of land desefibed as Reception No. 497593 from whence the West y Comer of said Section 2 bears North 70°08'54" a distance of 1182.12 feet with all bearings being relative to ,North 04'41'19" East between the West 1/a Corner and the Northwest Corner of said Section 2; thence along the Easterly line of said Burlingame Ranch Subdivision the following two (2) courses, North 02°52'40"• a distance of 165.48 feet; thence North 00°30'22" West a distance of 234.64 feet to the North Corner of a parcel of land described as Reception No. 497596; thence along the Westerly line of said parcel of land the following (2) courses, South 26°03'50" West a distance of 323.86 feet; thence South 34°04'47" West a distance of 120.81 feet to the Southwest Comer of said parcel of land also being the Northeast Comer of a parcel of land described as Reception No. 497597; thence along the Easterly line of said parcel of land described as Reception No. 497597 the following (3) courses, South 13°54'40" West a distance of 403.00 feet; thence South 26°19'05" West a distance of 77.77 feet; thence South 40°00'43" West a distance of 41.85 feet to the Westerly line of that parcel of land described as Reception No. 497594; thence along the Westerly line of said parcel of land and the Southerly line of said parcel of land the following two (2) courses, South 00°06'52" West a distance of 101.07 feet to the Southwest Comer of said parcel of land; thence South 81°14'32" East a distance of 53.21 feet to the Southwest Corner of a parcel of land described as Reception No. 497595; thence along the Southerly line of said parcel of land South 81°14'32" East a distance of 291.86 feet to the Southeast Corner of said parcel also being on the Easterly line of said Burlingame Ranch Subdivision; thence South 81114'32" East a distance of 19.20 feet to a point on the Westerly line of a parcel of land described in Book 351 at Page 144; thence along the Westerly line of said parcel North 01°01'58" a distance of 12.80 feet to a point on the Southerly line of a parcel of land described in Book 181 at Page 320 also being the Southwest Comer of a parcel of land described as Reception No. 497598; thence along the Westerly line of said parcel of land described as Reception No. 497598 the following four (4) courses, North 01 °01'58" East a distance of 143.85 feet; thence North 02'02'27" East a distance of 109.93 feet; thence North 00°19'27" East a distance of 298.14 feet; thence North 00°41'53" West a distance of 62.14 feet; thence North 84°03'00" West a distance of 6.15 feet to the Southeast Corner of a parcel of land described as Reception No. 497593; thence along the East line of said parcel of land To, Fred Peirce Austin Peirce 6 Smith Page 6 of 11 2007-0326 1826:03 (GMT) 16667280291 From Stewart Title of Aspen North 02052'30" East a distance of 12.27 feet to the Point of Beginning. County of Pitkin. Statc of Colorado STAFF MEMO MEMORANDUM TO: Board of County Commissioners Regular Meeting — September 28, 2016 THRU: Cindy Houben, Community Development Director FROM: Suzanne Wolff, Assistant Director RE: Soldner Subdivision Detailed Submission and Final Plat, Second Reading SUMMARY OF REQUEST: The Applicant is requesting Detailed Submission and Final Plat approval to subdivide the property into two lots. Lot S 1 would be 2.979 acres and would include the Soldner residence and associated improvements. Lot S2 would be 2.051 acres and is unimproved. The BOCC approved the application on first reading on September 14, 2016 by a vote of 4-0. APPLICANTS: Soldner Family Partnership, LLLP REPRESENTATIVE: Alan Richman LOCATION: 501 Stage Road; adjacent to the Maroon Creek Club, Burlingame Ranch affordable housing project, and Bar/X Subdivision (all within the City of Aspen) ZONING/LOT SIZE: The lot is zoned AR -2 and contains 5.03 acres. RECOMMENDATION: Staff and the Planning Commission recommend that the BOCC approve the Soldner Subdivision Detailed Submission and Final Plat on second reading, subject to the conditions in the attached Resolution. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE SOLDNER SUBDIVISION DETAILED SUBMISSION AND FINAL PLAT Resolution No. -2016 RECITALS 1. Soldner Family Limited Partnership ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for detailed submission and final plat approval to subdivide the property into two lots. 2. The property is located at 501 Stage Road, and is more specifically described in Exhibit A. 3. The parcel is zoned AR -2 and contains 5.03 acres, and is located within the Urban Growth Boundary. 4. The BOCC approved the Subdivision Conceptual Submission, Special Review and GMQS Exemption for a TDR Receiver Site and Activity Envelope, pursuant to Resolution No. 049-2014. The BOCC extended the deadline for filing the detailed submission/final plat application, pursuant to Resolution No. 041-2015. The application was submitted prior to the May 14, 2016 deadline. 5. The Pitkin County Planning and Zoning Commission ("Planning Commission") considered the proposed application at a regularly scheduled meeting on July 19, 2016, and recommended approval by a vote of 6-0. 6. The BOCC considered the proposed application at duly noticed public hearings on September 14 and 28, 2016. 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 Soldner Subdivision Detailed Submission and Final Plat, 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 and hearings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. The Applicant shall adhere to the conditions of BOCC Resolution No. 049-2014, 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. 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. Resolution No. -2016 Page 2 5. 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 52019. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 11th DAY OF AUGUST, 2016. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 14th DAY OF SEPTEMBER, 2016. RESOLUTION PUBLISHED BY TITLE AND SHORT SUMMARY IN THE ASPEN TIMES WEEKLY ON THE DAY OF .2016. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com ) ON THE DAY OF 2016. ADOPTED AFTER SECOND READING ON THE 28TH DAY OF SEPTEMBER, 2016. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2016. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: Cindy Houben Community Development Director P032-16 PID 273502300005 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO LM Rachel E. Richards, Chair APPROVED AS TO FORM: John Ely County Attorney MEMORANDUM TO: Board of County Commissioners Regular Meeting — September 14, 2016 THRU: Cindy Houben, Community Development Director FROM: Suzanne Wolff, Assistant Director RE: Soldner Subdivision Detailed Submission and Final Plat, First Reading SUMMARY OF REQUEST: The Applicant is requesting Detailed Submission and Final Plat approval to subdivide the property into two lots. Lot S 1 would be 2.979 acres and would include the Soldner residence and associated improvements. Lot S2 would be 2.051 acres and is unimproved. The Planning Commission recommended approval of the application by a vote of 6-0 on July 19, 2016. The staff memo to the Planning Commission and the application are attached. APPLICANTS: Soldner Family Partnership, LLLP REPRESENTATIVE: Alan Richman LOCATION: 501 Stage Road; adjacent to the Maroon Creek Club, Burlingame Ranch affordable housing project, and Bar/X Subdivision (all within the City of Aspen) ZONING/LOT SIZE: The lot is zoned AR -2 and contains 5.03 acres. RECOMMENDATION: Staff and the Planning Commission recommend that the BOCC approve the Soldner Subdivision Detailed Submission and Final Plat on first reading and set for second reading on September 28, 2016, subject to the conditions in the attached Resolution. Attachments: A. 7/5/16 Staff Memo to Planning Commission (application considered on 7/19/16) B. Aspen Valley Land Trust C. City of Aspen Utilities D. Application RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIQN COUNTY, COLORADO APPROVING THE SOLDNER SUBDIVISION DETAILED SUBMISSION AND FINAL PLAT Resolution No. -2016 RECITALS Soldner Family Limited Partnership ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ('BOCC") for detailed submission and final plat approval to subdivide the property into two lots. 2. The properly is located at 501 Stage Road, and is more specifically described in Exhibit A. 3. The parcel is zoned AR -2 and contains 5.03 acres, and is located within the Urban Growth Boundary. 4. The BOCC approved the Subdivision Conceptual Submission, Special Review and GMQS Exemption for a TDR Receiver Site and Activity Envelope, pursuant to Resolution No. 049-2014. The BOCC extended the deadline for filing the detailed submission/final plat application, pursuant to Resolution No. 041-2015. The application was submitted prior to the May 14, 2016 deadline. 5. The Pitkin County Planning and Zoning Commission ("Planning Commission') considered the proposed application at a regularly scheduled meeting on July 19, 2016, and recommended approval by a vote of 6-0. 6. The BOCC considered the proposed application at duly noticed public hearings on September 14 and 28, 2016. 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 Soldner Subdivision Detailed Submission and Final Plat, 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 and hearings shall be adhered to and considered conditions of approval, unless otherwise amended by conditions. 2. The Applicant shall adhere to the conditions of BOCC Resolution No. 049-2014, 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. 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. Resolution No. _-2016 Page 2 5. 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 , 2019. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 1 I'h DAY OF AUGUST, 2016. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 14th DAY OF SEPTEMBER, 2016. RESOLUTION PUBLISHED BY TITLE AND SHORT SUMMARY IN THE ASPEN TIMES WEEKLY ON THE _ DAY OF 2016. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.asMnRitkin.com) ON THE DAY OF .2016. ADOPTED AFTER SECOND READING ON THE 28T" DAY OF SEPTEMBER, 2016. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2016. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: Cindy Houben Community Development Director P032-16 PID 273502300005 3 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO a Rachel E. Richards, Chair APPROVED AS TO FORM: John Ely County Attorney MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Assistant Director RE: Soldner Subdivision Detailed Submission and Final Plat DATE: July 5, 2016 SUMMARY OF REQUEST: The Applicant is requesting Detailed Submission and Final Plat approval to subdivide the property into two lots. Lot S 1 would be 2.979 acres and would include the Soldner residence and associated improvements. Lot S2 would be 2.051 acres and is unimproved. APPLICANTS: Soldner Family Partnership, LLLP REPRESENTATIVE: Alan Richman LOCATION: 501 Stage Road; adjacent to the Maroon Creek Club, Burlingame Ranch affordable housing project, and Bar/X Subdivision (all within the City of Aspen) ZONING/LOT SIZE: The lot is zoned AR -2 and contains 5.03 acres. PROCESS: Subdivision is a five-step process with a Conceptual Submission review by the Planning Commission and the BOCC; a Detailed Submission review by the Planning Commission and the BOCC; and Final Plat review by the BOCC. Detailed Submission and Final Plat review may be combined, if approved by the BOCC. EXISTING CONDITIONS/BACKGROUND: The property is improved with a main residence and an accessory residence, the art studio and the art gallery, and several minor accessory structures and sculptures. The property is triangular in shape, with Stage Road on the southern boundary and Harmony Road on the western boundary. The property to the west is encumbered by a Conservation Easement (Burlingame Ranch/Deer Hill), and the property to the east is encumbered by an Agricultural Conservation Easement (Stage Road PUD). The boundaries of the parcel were adjusted in 2005 (Plat Book 75 at Page 43) to implement a land trade with the City of Aspen. The Soldner family conveyed 1.09 acres to the City, where Harmony Road has now been constructed. In exchange, the City conveyed 1.67 acres to the Soldner Family and granted two water connections to the Soldners for future use. The BOCC approved the Subdivision Conceptual Submission, Special Review and GMQS Exemption for a TDR Receiver Site and Activity Envelope, pursuant to Resolution No. 049-2014. The BOCC extended the deadline for filing the detailed submission/final plat application, pursuant to Resolution No. 041-2015. The application was submitted prior to the May 14, 2016 deadline. f / V REFERRAL COMMENTS: Comments from Aspen Valley Land Trust are attached for reference. () I 000001 0f U LI STAFF COMMENTS: SUBDIVISION CRITERIA FOR APPROVAL: See. 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 fords 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 listed in Sec. 1-60; 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 approval. 4) The proposed subdivision is consistent with and implements the intent of the zone district(s) in which it is located - Response: The subdivision of the property into two conforming size lots to accommodate the existing development on one lot and a new single family residence on the second lot is consistent with the intent of the zone district. 5) 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 is currently accessed on a driveway from Stage Road Lot Sl will continue to be accessed by this driveway. The Applicant proposes to access Lot S2 from Harmony Road on a new driveway. The City of Aspen initially expressed concerns with access off of Harmony Road, but agreed that the proposed access would be acceptable, as long as the City could enforce any impacts on Harmony Road during construction. This was included in Condition #9B in Resolution No. 049-2014. The design of the driveway will be presented with the Site Plan Review for Lot S2. 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 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 new lot will not result in significant adverse impacts on the natural environment or adjacent properties. Any impacts will be mitigated. 8) Adequate and sufficient public safety, transportation, utilityfacilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development; 000002 5- Response: The additional single family residence will not affect the adequacy and sufficiency of public facilities. Exactions for roads, employee housing, parks/recreation/open space and schools will be required. 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: Not applicable. 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 home 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 the County to confirm compliance with these provisions. The Applicant has provided a draft Development Agreement and Vested Property Rights Agreement to memorialize the conditions of approval. An improvement agreement is unnecessary because the Applicant is not providing and is not required to provide any public improvements. CONFORMANCE WITH CONCEPTUAL SUBMISSION APPROVAL (BOCC Resolution No. 049-2014): 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 000003 Ce building permit submittal or issuance. The Applicant has indicated the intent to comply with all of those conditions. A copy of the Conceptual Subdivision Resolution of approval is included in the application. ➢ Condition No. 3: 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. Response: The Applicant has submitted a draft Development Agreement and Vested Property Right Agreement. As noted above, staff finds that an improvement agreement is unnecessary, since no public improvements are required. A will serve letters from the Aspen Consolidated Sanitation District is included in the application (Exhibit #7). A will serve letter from the City of Aspen for water service is attached. 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 No. 049-2014, 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. 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. 5. 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 ,2019. Attachments: A) Aspen Valley Land Trust B) City of Aspen Utilities Application and draft Final Plat provided separately 000004 Board of Directors Jim Cardamone Fresidew Dave Bellack Vice -President Gary Knaus Secretary Dan Brumbaugh Treasurer Jeanne Doremus Bill Kane Amy Daley Krick Fred Lodge Matt Sturgeon - staff Suzanne Stephens Executive Director Melissa Sumera Operations Director Dave Erickson Stewardship Director Enn Quinn Conservation Director Valery Kelly Development Director V Saving the best ... to last May 27, 2016 Suzanne Wolff Community Development Senior Planner 130 Galena St. Aspen, CO 81611 RE: Soldner Family LTD Partnership LLLP Land Use Application (PID 2735-023-00- 005; Case P032-16) Dear Suzanne, Aspen Valley Land Trust (AVLT) staff has reviewed the Soldner Family LTD Partnership land use application and how it may impact the adjacent Burlingame East — Deer Hill Open Space Conservation Easement, of which AVLT is the lead bolder (recorded 6/30/2003 at reception #484728 and corrected on 4/14/2009 at reception #558008). According to this application, the proposed subdivision from one parcel to two parcels will occur on the parcel of land to the southeast and across Harmony Rd. from the conservation easement. Therefore, AVLT has no objections to this proposed action as no direct impacts to the Burlingame East — Deer Hill Conservation Easement are anticipated. Sincerely, �4�m� Dave Erickson Stewardship Director .Aspen Valley Land ;trust, 320 ,blain Street, Suite 204, Carbondale, CO 91623 tel:9701963.8440 fas:970/963.8441 email: avlt@avli.org rv%vw.aelt.org April 14, 2016 Jay Hammond, PE 118 W. 6a' St. Suite 200 Glenwood Springs, CO 81601 Dear Mr. Hammond: Subject: Soldner Properties Currently Addressed as: 501 Stage Rd. Aspen, CO 81611 In response to your recent request, this letter will service as written verification that the City of Aspen Water Department has sufficient capacity to service the above -referenced location. This letter, however, in no way guarantees the existence or condition of each individual property's water service line, which, in accordance with the City of Aspen Municipal Code, is the property and responsibility of the property owner. In addition, this letter does not represent an agreement to serve; actual service will require the applicant to demonstrate full compliance with any existing water service agreement or a new water service agreement in accordance with the City of Aspen Municipal Code. If you have need or additional information concerning the City of Aspen water availability and service, please do not hesitate to contact me at 970-920-5110. Sincerely, Andy Rossello, P.E. Utilities Engineer, City of Aspen I MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Assistant Director RE: Soldner Subdivision Detailed Submission and Final Plat DATE: July 5, 2016 SUMMARY OF REQUEST: The Applicant is requesting Detailed Submission and Final Plat approval to subdivide the property into two lots. Lot S 1 would be 2.979 acres and would include the Soldner residence and associated improvements. Lot S2 would be 2.051 acres and is unimproved. APPLICANTS: Soldner Family Partnership, LLLP REPRESENTATIVE: Alan Richman LOCATION: 501 Stage Road; adjacent to the Maroon Creek Club, Burlingame Ranch affordable housing project, and Bar/X Subdivision (all within the City of Aspen) ZONING/LOT SIZE: The lot is zoned AR -2 and contains 5.03 acres. PROCESS: Subdivision is a five-step process with a Conceptual Submission review by the Planning Commission and the BOCC; a Detailed Submission review by the Planning Commission and the BOCC; and Final Plat review by the BOCC. Detailed Submission and Final Plat review may be combined, if approved by the BOCC. EXISTING CONDITIONS/BACKGROUND: The property is improved with a main residence and an accessory residence, the art studio and the art gallery, and several minor accessory structures and sculptures. The property is triangular in shape, with Stage Road on the southern boundary and Harmony Road on the western boundary. The property to the west is encumbered by a Conservation Easement (Burlingame Ranch/Deer Hill), and the property to the east is encumbered by an Agricultural Conservation Easement (Stage Road PUD). The boundaries of the parcel were adjusted in 2005 (Plat Book 75 at Page 43) to implement a land trade with the City of Aspen. The Soldner family conveyed 1.09 acres to the City, where Harmony Road has now been constructed. In exchange, the City conveyed 1.67 acres to the Soldner Family and granted two water connections to the Soldners for future use. The BOCC approved the Subdivision Conceptual Submission, Special Review and GMQS Exemption for a TDR Receiver Site and Activity Envelope, pursuant to Resolution No. 049-2014. The BOCC extended the deadline for filing the detailed submission/final plat application, pursuant to Resolution No. 041-2015. The application was submitted prior to the May 14, 2016 deadline. REFERRAL COMMENTS: Comments from Aspen Valley Land Trust are attached for reference. 11101910TIll STAFF COMMENTS: 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 listed in Sec. 1-60; 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 approval. 4) The proposed subdivision is consistent with and implements the intent of the zone district(s) in which it is located; Response: The subdivision of the property into two conforming size lots to accommodate the existing development on one lot and a new single family residence on the second lot is consistent with the intent of the zone district. 5) 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 is currently accessed on a driveway from Stage Road. Lot S 1 will continue to be accessed by this driveway. The Applicant proposes to access Lot S2 from Harmony Road on a new driveway. The City of Aspen initially expressed concerns with access off of Harmony Road, but agreed that the proposed access would be acceptable, as long as the City could enforce any impacts on Harmony Road during construction. This was included in Condition #9B in Resolution No. 049-2014. The design of the driveway will be presented with the Site Plan Review for Lot S2. 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 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 new lot will not result in significant adverse impacts on the natural environment or adjacent properties. Any impacts will be mitigated. 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; 000002 Response: The additional single family residence will not affect the adequacy and sufficiency of public facilities. Exactions for roads, employee housing, parks/recreation/open space and schools will be required. 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: Not applicable. 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 the County to confirm compliance with these provisions. The Applicant has provided a draft Development Agreement and Vested Property Rights Agreement to memorialize the conditions of approval. An improvement agreement is unnecessary because the Applicant is not providing and is not required to provide any public improvements. CONFORMANCE WITH CONCEPTUAL SUBMISSION APPROVAL (BOCC Resolution No. 049-2014): 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 000003 building permit submittal or issuance. The Applicant has indicated the intent to comply with all of those conditions. A copy of the Conceptual Subdivision Resolution of approval is included in the application. ➢ Condition No. 3: 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. Response: The Applicant has submitted a draft Development Agreement and Vested Property Right Agreement. As noted above, staff fmds that an improvement agreement is unnecessary, since no public improvements are required. A will serve letters from the Aspen Consolidated Sanitation District is included in the application (Exhibit #7). A will serve letter from the City of Aspen for water service is attached. 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 No. 049-2014, 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. 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. 5. 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 52019. Attachments: A) Aspen Valley Land Trust B) City of Aspen Utilities Application and draft Final Plat provided separately 000004 Saving the best ... to last 6aard of Directors May 27, 2016 Jim Carriamone Aspen Valley Land Trust (AVLT) staff has reviewed the Soldner Family LTD Nieside"r Suzanne Wolff Dave Bellack Community Development Senior Planner VICE'-Pravcicnl (recorded 6/30/2003 at reception #484728 and corrected on 4/14/2009 at reception E ecutwe Director 130 Galena St. Gary Knaus As en, CO 81611 p Secretary , Dan Brumbaugh will occur on the parcel of land to the southeast and across Harmony Rd. from the Treasurer conservation easement. Therefore, AVLT has no objections to this proposed action as Con cz"i"" RE: Soldner Family LTD Partnership LLLP Land Use Application (PID 2735.023 -00 - Jeanne Doremus anticipated. Valery Kelly 005; Case P032-16) Bill Kane Amy Daley Krick Sincerely, Dear Suzanne, Fred Lodge /Matt Sturgeon Aspen Valley Land Trust (AVLT) staff has reviewed the Soldner Family LTD Partnership land use application and how it may impact the adjacent Burlingame East — Staif Deer Hill Open Space Conservation Easement, of which AVLT is the lead holder Suzanne Stephens (recorded 6/30/2003 at reception #484728 and corrected on 4/14/2009 at reception E ecutwe Director 4558008). (Melissa 5umera Operations Director ..... According to this application, the proposed subdivision from one parcel to two parcels Dave Erickson will occur on the parcel of land to the southeast and across Harmony Rd. from the 5te%vardslEipDiTector conservation easement. Therefore, AVLT has no objections to this proposed action as Con cz"i"" no direct impacts to the Burlingame East — Deer Hill Conservation Easement are Carazervatian Director anticipated. Valery Kelly Development Direclor Sincerely, 4 a' 4 _ 000005 Ler€id Trutft' 320 ,M.-iiin SLI -CCL, SuiW 304, Car•5oridale, CC) 81623 L i:970/963.83 -10 fax:9710;96�.8X1.1 CEiiaii: April 14, 2016 Jay Hammond, PE 118 W. 6h St. Suite 200 Glenwood Springs, CO 81601 Dear Mr. Hanunond: Subject: Soldner Properties Currently Addressed as: 501 Stage Rd. Aspen, CO 81611 In response to your recent request, this letter will service as written verification that the City of Aspen Water Department has sufficient capacity to service the above -referenced location. This letter, however, in no way guarantees the existence or condition of each individual property's water service line, which, in accordance with the City of Aspen Municipal Code, is the property and responsibility of the property owner. In addition, this letter does not represent an agreement to serve; actual service will require the applicant to demonstrate full compliance with any existing water service agreement or a new water service agreement in accordance with the City of Aspen Municipal Code. If you have need or additional information concerning the City of Aspen water availability and service, please do not hesitate to contact me at 970-920-5110. Sincerely, Andy Rossello, P.E. Utilities Engineer, City of Aspen 000006 MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Assistant Director RE: Soldner Subdivision Detailed Submission and Final Plat DATE: July 5, 2016 SUMMARY OF REQUEST: The Applicant is requesting Detailed Submission and Final Plat approval to subdivide the property into two lots. Lot S 1 would be 2.979 acres and would include the Soldner residence and associated improvements. Lot S2 would be 2.051 acres and is unimproved. APPLICANTS: Soldner Family Partnership, LLLP REPRESENTATIVE: Alan Richman LOCATION: 501 Stage Road; adjacent to the Maroon Creek Club, Burlingame Ranch affordable housing project, and Bar/X Subdivision (all within the City of Aspen) ZONING/LOT SIZE: The lot is zoned AR -2 and contains 5.03 acres. PROCESS: Subdivision is a five-step process with a Conceptual Submission review by the Planning Commission and the BOCC; a Detailed Submission review by the Planning Commission and the BOCC; and Final Plat review by the BOCC. Detailed Submission and Final Plat review may be combined, if approved by the BOCC. EXISTING CONDITIONS/BACKGROUND: The property is improved with a main residence and an accessory residence, the art studio and the art gallery, and several minor accessory structures and sculptures. The property is triangular in shape, with Stage Road on the southern boundary and Harmony Road on the western boundary. The property to the west is encumbered by a Conservation Easement (Burlingame Ranch/Deer Hill), and the property to the east is encumbered by an Agricultural Conservation Easement (Stage Road PUD). The boundaries of the parcel were adjusted in 2005 (Plat Book 75 at Page 43) to implement a land trade with the City of Aspen. The Soldner family conveyed 1.09 acres to the City, where Harmony Road has now been constructed. In exchange, the City conveyed 1.67 acres to the Soldner Family and granted two water connections to the Soldners for future use. The BOCC approved the Subdivision Conceptual Submission, Special Review and GMQS Exemption for a TDR Receiver Site and Activity Envelope, pursuant to Resolution No. 049-2014. The BOCC extended the deadline for filing the detailed submission/final plat application, pursuant to Resolution No. 041-2015. The application was submitted prior to the May 14, 2016 deadline. REFERRAL COMMENTS: Comments from Aspen Valley Land Trust are attached for reference. 11101910TIll STAFF COMMENTS: 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 listed in Sec. 1-60; 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 approval. 4) The proposed subdivision is consistent with and implements the intent of the zone district(s) in which it is located; Response: The subdivision of the property into two conforming size lots to accommodate the existing development on one lot and a new single family residence on the second lot is consistent with the intent of the zone district. 5) 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 is currently accessed on a driveway from Stage Road. Lot S 1 will continue to be accessed by this driveway. The Applicant proposes to access Lot S2 from Harmony Road on a new driveway. The City of Aspen initially expressed concerns with access off of Harmony Road, but agreed that the proposed access would be acceptable, as long as the City could enforce any impacts on Harmony Road during construction. This was included in Condition #9B in Resolution No. 049-2014. The design of the driveway will be presented with the Site Plan Review for Lot S2. 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 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 new lot will not result in significant adverse impacts on the natural environment or adjacent properties. Any impacts will be mitigated. 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; 000002 Response: The additional single family residence will not affect the adequacy and sufficiency of public facilities. Exactions for roads, employee housing, parks/recreation/open space and schools will be required. 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: Not applicable. 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 the County to confirm compliance with these provisions. The Applicant has provided a draft Development Agreement and Vested Property Rights Agreement to memorialize the conditions of approval. An improvement agreement is unnecessary because the Applicant is not providing and is not required to provide any public improvements. CONFORMANCE WITH CONCEPTUAL SUBMISSION APPROVAL (BOCC Resolution No. 049-2014): 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 000003 building permit submittal or issuance. The Applicant has indicated the intent to comply with all of those conditions. A copy of the Conceptual Subdivision Resolution of approval is included in the application. ➢ Condition No. 3: 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. Response: The Applicant has submitted a draft Development Agreement and Vested Property Right Agreement. As noted above, staff fmds that an improvement agreement is unnecessary, since no public improvements are required. A will serve letters from the Aspen Consolidated Sanitation District is included in the application (Exhibit #7). A will serve letter from the City of Aspen for water service is attached. 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 No. 049-2014, 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. 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. 5. 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 52019. Attachments: A) Aspen Valley Land Trust B) City of Aspen Utilities Application and draft Final Plat provided separately 000004 Saving the best ... to last 6aard of Directors May 27, 2016 Jim Carriamone Aspen Valley Land Trust (AVLT) staff has reviewed the Soldner Family LTD Nieside"r Suzanne Wolff Dave Bellack Community Development Senior Planner VICE'-Pravcicnl (recorded 6/30/2003 at reception #484728 and corrected on 4/14/2009 at reception E ecutwe Director 130 Galena St. Gary Knaus As en, CO 81611 p Secretary , Dan Brumbaugh will occur on the parcel of land to the southeast and across Harmony Rd. from the Treasurer conservation easement. Therefore, AVLT has no objections to this proposed action as Con cz"i"" RE: Soldner Family LTD Partnership LLLP Land Use Application (PID 2735.023 -00 - Jeanne Doremus anticipated. Valery Kelly 005; Case P032-16) Bill Kane Amy Daley Krick Sincerely, Dear Suzanne, Fred Lodge /Matt Sturgeon Aspen Valley Land Trust (AVLT) staff has reviewed the Soldner Family LTD Partnership land use application and how it may impact the adjacent Burlingame East — Staif Deer Hill Open Space Conservation Easement, of which AVLT is the lead holder Suzanne Stephens (recorded 6/30/2003 at reception #484728 and corrected on 4/14/2009 at reception E ecutwe Director 4558008). (Melissa 5umera Operations Director ..... According to this application, the proposed subdivision from one parcel to two parcels Dave Erickson will occur on the parcel of land to the southeast and across Harmony Rd. from the 5te%vardslEipDiTector conservation easement. Therefore, AVLT has no objections to this proposed action as Con cz"i"" no direct impacts to the Burlingame East — Deer Hill Conservation Easement are Carazervatian Director anticipated. Valery Kelly Development Direclor Sincerely, 4 a' 4 _ 000005 Ler€id Trutft' 320 ,M.-iiin SLI -CCL, SuiW 304, Car•5oridale, CC) 81623 L i:970/963.83 -10 fax:9710;96�.8X1.1 CEiiaii: April 14, 2016 Jay Hammond, PE 118 W. 6h St. Suite 200 Glenwood Springs, CO 81601 Dear Mr. Hanunond: Subject: Soldner Properties Currently Addressed as: 501 Stage Rd. Aspen, CO 81611 In response to your recent request, this letter will service as written verification that the City of Aspen Water Department has sufficient capacity to service the above -referenced location. This letter, however, in no way guarantees the existence or condition of each individual property's water service line, which, in accordance with the City of Aspen Municipal Code, is the property and responsibility of the property owner. In addition, this letter does not represent an agreement to serve; actual service will require the applicant to demonstrate full compliance with any existing water service agreement or a new water service agreement in accordance with the City of Aspen Municipal Code. If you have need or additional information concerning the City of Aspen water availability and service, please do not hesitate to contact me at 970-920-5110. Sincerely, Andy Rossello, P.E. Utilities Engineer, City of Aspen 000006 APPLICATION MATERIAL ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 April 11, 2016 Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: SOLDNER SUBDIVISION DETAILED/FINAL PLAT SUBMISSION Dear Suzanne, On May 14, 2014, the Board of County Commissioners adopted Resolution 049-2014 granting conceptual submission approval to the Soldner Subdivision (see Exhibit #1). Subsequently, on May 27, 2015, the BOCC adopted Resolution 041-2015, granting a one year extension of the deadline for filing the detailed/final plat submission, to May 14, 2016 (see Exhibit #2). This letter and the attached materials present a complete detailed/final plat application, which is being submitted prior to the May 14, 2016 filing deadline. The submission is being made by the owner of the property, the Paul E. and Virginia I. Soldner Family Limited Partnership, LLLP. Proof of the ownership of the property is provided in the Commitment for Title Insurance, attached hereto as Exhibit #3. The applicant is being represented by Alan Richman Planning Services, Inc. for this project. A letter from the applicant confirming this arrangement is attached as Exhibit #4. You have provided us a Pre -Application Conference Summary listing the materials required for a complete detailed/final plat application. A copy of that summary is attached as Exhibit #5. This submission has been organized to provide the materials requested in the Pre -Application Summary form. Project Background The Soldner Family property is a 5.03 acre metes and bounds parcel of land located in unincorporated Pitkin County. The property's street address is 501 Stage Road, Aspen, CO 81611 and its Parcel ID# is 273502300005. 33 Ms. Suzanne Wolff April 11, 2016 Page Two A vicinity map showing the location of this parcel in relation to surrounding properties was provided in the Conceptual Submission. It shows that the Soldner property is surrounded by developed lands that have been annexed into the City of Aspen, including the Burlingame Ranch affordable housing, the Maroon Creek Club and the Bar/X Subdivision. The subject property is zoned AR -2, a zone district with a 2 acre minimum lot size. Therefore, the underlying zoning permits the property to be subdivided into two conforming sized lots, as is proposed by this subdivision application. An existing conditions map was prepared for the Conceptual Submission which shows that the Soldner property is a nearly triangular-shaped parcel of land. The property is improved with a number of buildings, including the main residence and various accessory buildings created by Paul Soldner for his artistic and other creative endeavors. Several of the buildings are one -of -a kind hand-crafted structures. Because of the unique nature of these structures and the important story they tell, the County has expressed an interest in having this property placed on the County's Historic Register. The improvements are all clustered in the southern portion of the property, near Stage Road. The northern half of the property is an undeveloped, relatively flat, open meadow. The only steep slopes on the property are along its western edge, below Harmony Lane. Vegetation on the property is relatively sparse, dominated by meadow grasses on the flat portions of the property and dry land brush on the steeper hillsides. Access to the existing improvements is obtained from Stage Road, a public road that intersects with Highway 82 between the Aspen City Limits and the Airport. However, the property also is bounded by Harmony Lane, the road that the City of Aspen built to gain access to the Burlingame property. During the conceptual review stage the City of Aspen Engineering Department confirmed that they would issue a driveway permit to the applicant to obtain access to the proposed new lot that would be located in the northern portion of the property. Proposed Detailed/Final Plat A proposed Final Plat for the property is included with this submission. It shows that the property would be subdivided into two lots, as was proposed in the Conceptual Submission. Lot S1 would be 2.979 acres (129,745 square feet) in size and would include the Soldner family home and all of the associated improvements. Lot S2 would be 2.051 acres (89,347 square feet) in size and is presently unimproved. An access envelope from Harmony Road is depicted on the Final Plat, located in the same place where it was shown on the Conceptual Plan, where the driveway will not have to cross any slopes greater than 30%. An activity envelope for the proposed residence on this lot is also shown on the plat, again in the same configuration as shown on the Conceptual Plan. a Ms. Suzanne Wolff April 11, 2016 Page Three A proposed Subdivision Improvements Agreement for the property is included as Exhibit #6. The Agreement provides positive responses to each of the conditions of approval listed in Resolution 049-2014. It does not actually propose any public improvements, since no such requirements for public infrastructure were imposed in the Conceptual approval, nor are they required by the Land Use Code. A will serve letters has been provided from the Aspen Consolidated Sanitation District (see Exhibit #7). A will serve letter has been requested from the City of Aspen Water Department and will be delivered to you as soon as it is received. The applicant is not bringing forth at this time the documents required to place this property on the County's Historic Register. Since the Conceptual approval was granted, the applicant has spent considerable time working first with Anderson Ranch and more recently with Pitkin County Open Space and Trails on possible partnerships or acquisition of the Soldner property to preserve it. We will be prepared to discuss the open space and historic preservation opportunities for this property in greater detail during the P8Z and BOCC hearings on this detailed submissiont final plat application. Conclusion I believe we have provided the information you have requested to process this application. Please do not hesitate to contact me if there is anything else you require. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. *0-- " Alan Richman, AICP I3 IWA: I MM 4-/ To: Fed Petrie Aastn Petrov 8 Snah Paye 4 of 11 EXHIBIT #1 toMn COMMITMENT FOR TITLE INSURANCE SCIIEDULE A Effective Date: Murch 19, 2007 at 7:30 a.m. 1. Policy or Policies To Be Issued: (X) ALTA (1992) Owners Policy Amount: (X) Standard ( ) Extended Premium: 2. Proposed Insured: To Be Determined () ALTA 1992 Loan Policy Amount: ( ) Standani ( ) Extended Premium: 10887280281 From: Stewart Tile ofAs9an Order Number: 45613 TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Paul E and Virginia L Soldner Family Partnership, LLLP, a Colorado limited liability limited partnership 5. The land referred to in this Commitment is described as follows. See "Exhibit A" attached bcrcto Title Examiner: Cluck Dum Escrow Officer. Statement of Charges: Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Standard Rate Search Fee 000031 $375.00 E-mail: ebuck.dorn@stewart.com E-mail: To: Fred Pelrve Austin Peiroe 8 Smith Paye 5 of 11 2007-03-26 18:26:03 (GMT) 18667280291 From: Stewatl Tile of Aspen EXIIIBIT A LEGAL DESCRIPTION Order No.: 45613 A tract of land situated in the NW 1/ SW'/ of Section 2, Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more particularly described as follows: Beginning at an angle point along the Eastern boundary of Burlingame Ranch Subdivision recorded in Plat Book 50 at Page 88, also being on the North line of a parcel of land described in Book 181 at Page 320 and the Northeast Corner of a parcel of land described as Reception No. 497593 from whence the West 54 Comer of said Section 2 bears North 70°08'54" a distance of 1182.12 feet with all beurings being relative to North 04°41' 19" East between the West rk Corner and the Northwest Corner of said Section 2; thence along the Easterly line of said Burlingame Ranch Subdivision the following two (2) courses, North 02°52'40" a distance of 165.48 feet; thence North 00°30'22" West a distance of 234.64 feet to the North Corner of a parcel of land described as Reception No. 497596; thence along the Westerly line of said parcel of land the following (2) courses, South 26°03'50" West a distance of 323.86 feet; thence South 34°04'47" West a distance of 120.81 feet to the Southwest Comer of said parcel of land also being the Northeast Comer of a parcel of land described as Reception No. 497597; thence along the Easterly line of said parcel of land described as Reception No. 497597 the following (3) courses, South 13°54'40" West a distance of 403,00 feet; thence South 26°19'05" West a distance of 77.77 feet; thence South 40°00'43" West a distance of 41.85 feet to the Westerly line of that parcel of land described as Reception No. 497594; thence along the Westerly line of said parcel of land and the Southerly line of said parcel of land the following two (2) courses, South 00°06'52" West a distance of 101.07 feet to the Southwest Comer of said panel of land; thence South 81°14'32" East a distance of 53.21 feet to the Southwest Corner of a parcel of land described as Reception No. 497595; thence along the Southerly line of said parcel of land South 81°14'32" East a distance of 291.86 feet to the Southeast Corner of said parcel also being on the Easterly line of said Burlingame Ranch Subdivision; thence South 81e 14'32" East a distance of 19.20 feet to a point on the Westerly line of a parcel of land described in Book 351 at page 144; thence along the Westerly line of said parcel North 01001'58" a distance of 12.80 feet to a point on the Southerly line of a panel of land described in Book 181 at Page 320 also being the Southwest Comer of a panel of land described as Reception No. 497598; thence along the Westerly line of said parcel of land described as Reception No. 497598 the following four (4) courses, North 01 °01'58" East a distance of 143.85 feet; thence North 02"02'27" East a distance of 109.93 feet; thence North 00°19'27" East a distance of 298.14 feet; thence North 00°41'53" West •a distance of 62.14 feet; thence North 84°03' 00" West a distance of 6.15 feet to the Southeast Comer of a panel of land described as Reception No, 497593; thence along the East line of said parcel of land 000032 M To. Fred Pekes Austin Peirce d Smith Page a of 11 2007-03-28 18:2803 (OMT) 10GV2e0291 From Stewart TMe of Aspen North 02°52'40" East a distance of 12.27 feet to the Poin( of Beginning. County of Pitkin, State of Colorado 000033 7 To: Fred Peirce AusBn Peirce i SmI1h Pape 8 of 11 2007-0328 1838:03 (GMT) 18887280291 From. Stewart Title of Aspen SCHEDULE B — Section 2 EXCEPTIONS Order Number: 45613 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any Facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, hens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded March 16, I923 in Book 55 at Page 570 an Reception No. 82100, 9. Underground Right-of-way Easement, to construct, reconstruct, repair, change, enlarge, rephrase, operate and maintain an underground electric transmission or distributioa line as set forth in instrument recorded August 20, 1993 in Book 721 at Page 842 as Reception No. 360251. 10. Terms, conditions, obligations and provisions of Second Amended and Restated Agreement to Buy and Sell Real Estate by and between the City of Axpcn, a Colorado home rule municipal corporation, Paul E. and Virginia L Soldncr Family Limited Partnership, LLLP, and Bar1X Ranch LLC, a Colorado limited liability company as set forth in instrument recorded May 14, 2004 as Reception No, 497592. 000034 11 To: Fred Pelrce AusBn Pelrea 6 SMIth Page 0 of 11 2007-0328 18:26'03 (OMT) 18667280291 From: Stewart TIUa of Azpm 11. Terms, conditions, obligations and provisions of Administrative Determination of the Community Development Director Approving the City of A.spen/Soldner Subdivision Exemption for a Lot Line Adjustment, Determination No. 17-2005 as set forth in instrument recorded February 24, 2005 as Reception No. 507297. 12. Terms, conditions, obligations and provisions of Ordinance No. 8 (Series of 2005), An Ordinance of the Aspen City Council Assigning the Zoning of Conservation (C) to the Soldner/Burlingame Ranch Annexation Parcel No. 1, as set forth in instrument recorded February 17.2005 as Reception No. 507986. 13. Easements, rights of way and other matters us shown and contained on 3`d Amended Plat, Lot 1, Burlingame Ranch, Pitkin County, Colorado, Showing a Lot Line Adjustment between the City of Aspen and Soldner recorded October 10, 2005 in Plat Book 75 at Page 43 as Reception No. 515996. 000035 9 NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article Vll requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which wax closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transuclion, exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said teams, conditions and exclusions, will be made available upon request. EXHIBIT #2 Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: SOLDNER FAMILY SUBDIVISION AND ACTIVITY ENVELOPE REVIEW Dear Ms. Wofff, We hereby authorize Alan Richman Planning Services, Inc. to act as our designated representative with respect to the land use application being submitted to your office for our property, located at 501 Stage Road in Aspen. Mr. Richman is authorized to submit an application to subdivide this property into two lots and to obtain activity envelope review for a new residence on the resulting vacant lot. He is also authorized to represent us in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman, whose address and telephone number are included in the land use application, or you may contact me directly at the address below. Since ly t 660A, Stephanieer Sullivan, Partner Soldner Family Limited Partnership, LLLP 630 Steele Street Denver. CO 80206 000036 (U EXHIBIT #3 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 1/19/16 PHONE: (970) 920-5093 E-MAIL: suzanne.wolffapitkincountv.com LOCATION: 501 Stage Road PID# 273502300005 ZONE DISTRICT: AR -2 LOT SIZE: 5 ac. OWNER: Soldner Family Ltd. Partnership REPRESENTATIVE: Alan Richman EMAIL: arichman( sopris.net Type of Application: Subdivision Detailed Submission and Final Plat Description of Project/Development: The Applicant proposes to subdivide the property into two lots, one of which will contain the existing residences and outbuildings (Lot S1) and one new lot on which to develop a new single family residence (Lot S2). Pursuant to Resolution No. 049-2014, the BOCC approved the Soldner Subdivision Conceptual Submission, Special Review and GMQS Exemption for a TDR Receiver Site, and Activity Envelope. Pitkin County Land Use Code: • 2-20-130: Improvements Agreements • 2-40-50: Subdivision and PUD Review Procedures • 2-40-50: Subdivision and PUD Review Procedures • 7-30: Roads, Driveways and Parking • 7-50: Public Services and Utilities • 7-70: Subdivisions Review By: P&Z and BOCC (2 readings). Public Hearing? YES, at BOCC. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Public Hearing pursuant to Sec. 2-20-100(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 property owners within 300' and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development 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. Staff Will Refer Application To: Pure; City of Aspen Planning, City of Aspen Open Space, Pitkin County Open Space, Aspen Valley Land Trust, Burlingame Master Association FEES: $3,029 (make check payable to "Pitkin County Treasurer") • $2,600 Planning Office flat fee: (non-refundable; based on 8 hours of staff time; if staff review time exceeds 9.6 hours, the Applicant will be charged for additional time above 8 hours at a rate of $325/hour) $375 Clerk $54 Publication Fee To apply, submit the Fee specified above and 5 copies of each of the following documents (unless otherwise specified): 1. Letter of request, addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Detailed Subdivision and Final Plat requirements as specified in Section 2.6.2 and 2.6.3 of the Pitkin County Land Use Application Manual; 3. 24" by 36" (one copy) and 11" by 17" Final Plat; 4. Draft Improvements Agreement 5. Will serve letters from utility companies 6. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 7. 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 mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application (1 copy). 8. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 9. Proof of adequate legal access to the property (1 copy); 10. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy) (form attached); 11. List of property owners within 300' and mineral estate owners (1 copy); and 12. This Pre -Application Conference Summary Sheet (1 copy). NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL ID # SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. /a PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Soldner Family Partnership, LLLP (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Detailed/Final Submission (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. 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 a base fee in the amount of $3,029 which is based on 8 hours of staff time plus other County referral fees. If actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITICIN COUNTY APPLICANT Cindy Houben Community Development Director /3 Soldnier F mily Partnershi , LLLP Signature / Date: CY Mailing Address: P.Of Box 90 Aspen, CO 81612 EXHIBIT #4 RECEPTION#: 610679, 05/30/2014 at 04:02:27 PM, 1 OF 9, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE PAUL E. AND VIRGINIA 1. SOLDNER FAMILY LIMITED PARTNERSHIP SUBDIVISION CONCEPTUAL SUBMISSION, SPECIAL REVIEW AND GMQS EXEMPTION FOR TDR RECEIVER SITE, AND ACTIVITY ENVELOPE REVIEW Resolution No O> -2014 RECITALS 1. Paul E. and Virginia 1. Soldner Family Limited Partnership ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to request conceptual subdivision approval to subdivide the property into two lots; to utilize TDRs to establish a development right for the new lot; and to establish an Activity Envelope on the new lot. 2. The property is located at 501 Stage Road, and is more specifically described in Exhibit A. 3. The parcel is zoned AR -2 and contains 5.03 acres, and is located within the Urban Growth Boundary. 4. The Pitkin County Planning and Zoning Commission ("Planning Commission") considered the proposed application at a regularly scheduled meeting on March 4, 2014, and recommended approval by a vote of 4-0. 5. The BOCC considered the proposed application at a duly noticed public hearing on April 23, 2014 and a regular meeting on May 14, 2014. 6. In its review of the application, the Planning Commission acknowledged the cultural heritage of the Soldner property and voiced support for the Policy and Implementation Step in the West of Maroon Creek Plan ("WOMP"), which state, "Maintain this parcel which contains the home and art studio of long-time resident Paul Soldner and his family, as a part of the cultural heritage of Aspen, worthy of recognition" and "Ensure zoning accommodates use as a single fancily residence and art studio; and/or a 'cultural center for art,' with public access." The Planning Commission found that the subdivision of the property does not compromise the cultural value of the site, as long as access to . Lot S2 is provided off of Harmony Road. 7. The Planning Commission and the BOCC find that the subdivision of the property is consistent with the West of Maroon Creek Plan, which includes the following Policy and Implementation Step related to the parcel, "Allow the parcel to continue to function as a low density oasis between more dense development in the Maroon Creek Club, the Stage Road residential subdivision and the Burlingame affordable housing development" and "Maintain two acre zoning to allow up to two hones (subject to applicable land use provisions.)" 8. The BOCC further finds that the use of at [cast one and up to five TDRs to establish a development right for Lot S2 is appropriate, given the location within the Urban Growth Boundary, the lack of constraints on the site, consistency with the AR -2 zoning and surrounding residential uses, the minimal impacts on the surrounding area, and the adequacy ol'public facilities and services to serve the residence. /y Resolution Q11-2014 Page 2 9. The BOCC further finds that the Activity Envelope on proposed Lot S2 complies with the applicable provisions of the Code: the wildfire hazard is rated as medium and can be mitigated; impacts on wildlife can be mitigated; and the envelope is primarily comprised of slopes of less than 30% and the small areas of,slopes in excess of 30% within the envelope were the result of man-made improvements on the site, and comply with the exception for minor slope anomalies, pursuant to Sec. 7-20-20(c)(3) of the Code. 10. The BOCC further finds that the proposed Landscape and Grading Activity Envelope and Site Plan for a berm that would provide screening between Lots SI and S2 comply with the applicable provisions of the Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants approval of the Soldner Family Limited Partnership Subdivision Conceptual Submission, Special Review and GMQS Exemption, and Activity Envelope, subject to the following conditions, which 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 2. The Applicant may combine the Detailed Submission and Final Plat in one application. 3. With the Detailed Submission/Final Plat application, the Applicant shall: A. Provide a draft Improvements Agreement B. Submit will serve letters from utility companies. 4. Concurrent with recordation of the Final Plat and prior to submission of the Site Plan Review application for Lot S2, the Applicant shall record an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(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. 5. Prior to submission of any building or other development permit applications for Lot S2, 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. With the Site Plan Review application, the Applicant shall: A. Amend the Activity Envelope to designate a corridor where utilities will be extended to the residence from the utility easement on the eastern property line. B. Confirm the location of the nearest fire hydrant to determine if an on-site water supply for fire- fighting is required. C. Submit plans and profiles of the proposed driveway. 6. Prior to submission of any building or other development permit applications for Lot SI, 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. T. Prior to submission of an Earthmoving, Clearing and Grubbing Permit for the berm and landscaping, the Applicant shall record an Activity Envelope/Site Plan in accordance with Land Use Code Section 2- 30-20(g) and Application Manual Section 2.1.12. The Activity Envelope/Site Plan shall first be /S Resoluliun No.&.2014 Page 3 submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalization and recordation. 8. Prior to building permit application for Lot S2, the Applicant shall submit a minimum of one, and up to a total of five, executed Irrevocable Certificatc(s) ofTDRs to allow a minimum of 2,500 square feet and up to the allowable gross floor area of 12,215 square feet of floor area on the lot (each TDR provides 2,500 square feet of floor area) and a copy of the deed(s) evidencing conveyance of the Certificate to the Applicant (if applicable). A GMQS allotment may not be applied for to replace the use of TDRs. 9. Concurrent with submission of a building permit application for the residence on Lot S2, the Applicant shall: A. Submit a drainage and erasion control plan for review and approval by the Planning Engineer. As the total development disturbs one (l) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. Stormwaler shall be detained onsite and allow infiltration of runoff prior to discharge. B. Submit a construction management plan for review and approval by the Planning Engineer. The plan shall allow the City of Aspen the ability to enforce any construction impacts on Harmony Road. C. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District. D. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. E. Submit a tree mitigation plan for the removal of any trees larger than 6 inch, DBH. F. Submit a detailed landscaping plan, which shall be generally consistent with the landscaping shown on the Site Plan. G. Submit a detailed exterior lighting plan demonstrating compliance with the County's lighting regulations. H. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary. 10. Prior to issuance of the building permit application for the residence, the Applicant shall: A. Pay the applicable road and employee housing impact fees. B. Obtain an access permit for the driveway off of Harmony Road, which shall be approved by the Planning Engineer and Aspen Fire. C. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. D. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. 11. The Applicant shall comply with the following standards for Development in a Medium Wildfire Ha7Ard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section; shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): C/O Resolution No. 6�E-7014 Page 4 1) Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. 3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. 5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced. 8) All deadfall up to a 100 foot perimeter shall be removed. 9) No new conifer trees shall be planted within 10 feet of a residence. 10) No Flammable mulches shall be placed within two feet of a residence. 11) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake/shingle roof coverings are prohibited. 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 the roof. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Roof Venting I ) Soffit venting shall be located in the outer 1/3rd portion of the overhang. 2) Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 'A" openings. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: 1) Sheath with non-combustible materials, or 2) Combustible materials underlain with 5/8" Type X gypboard or equal, or 3) 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 tog construction. 1:;4 Resolution NAA -1014 Puge 5 F. Maintenance and Miscellaneous Requirements I ) Roofs and gutters shal I be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/4) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) 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 (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. 1 1) 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 walls. 13) Each structure shall have a minimum of one ten (10) pound ABC Fre 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. 12. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, installation of an approved fire sprinkler system, and water supply for fire -fighting. 13. The Applicants shall comply with the following measures to mitigate impacts to wildlife: A. Contractors shall be prohibited from bringing dogs on-site. B. Native vegetation shall be maintained outside of the activity envelope as long as it complies with the wildfire mitigation stated above. C. Landscaping shall not include nut, berry or fruit producing trees or shrubs to minimize an attractant to bears. D. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. E. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable building code for disabled accessibility purposes. Any sliding doors at ground level shall have appropriate locking mechanisms to ensure that bears cannot gain entry. F. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. G. Fencing shall comply with the following. Resulution No. 6a-2014 Page 6 I ) Mesh or woven wire fences are prohibited outside the Activity Envelope. 2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 3) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -Five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule dcerjump over. The bottom strand should be sixteen (16) inches from the ground. 14. No development including grading, excavation, fill placement, berming, landscaping, 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 above. 15. All new utilities shall be installed in locations and through procedures that minimize visual impacts to the maximum extent practicable. All utilities shall be installed or extended underground within the approved Activity Envelope or along the driveway. 16. The Applicant shall provide adequate engineering of any retaining walls over 4' in height and/or any improvements to retaining walls over 4' in height. All retaining walls shall be a maximum of 7' in height. 17. No development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 18. 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 perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 19. 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. 20. 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. �f 7 Resolution No. k -20N Page 7 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 20" DAY OF MARCH, 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTIQN POSTED ON THE OFA' CIAL PITKIN COUNTY WEBSITE (www.aspgnpitkin.com) ON THE QDAY OF I orij 2014. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 23RD DAY OF APRIL, 2014 ADOPTED AFTER SECOND READING ON THE 14"' DAY OF MAY, 2014. PUBLISHED BY TITLE AND SI4ORT UMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE. 1);DAY OFd fJ il 4, 2014. Clerk Othe BOCC AS TO CONTENT: Gffidy Houben Community Development Director P006-14 PID 273502300005 IN BOARD OF COUNTY COMMISSIONERS, PITK[N COUNTY, COLORADO Robert A. Itmer, Jr., Chair APPROVED AS TO FORM: John E y Coyote omey EXHIBIT #5 RECEPTION#: 620614, 06/11/2015 at 10:02:25 AM, I OF 4, R $0.00 Doc Cade RESOLUTION Janice K. VOS Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING A ONE YEAR EXTENSION OF THE PAUL E. AND VIRGINIA 1. SOLDNF.R FAMILY LIMITED PARTNERSHIP CONCEPTUAL SUBDIVISION APPROVAL Resolution No.16YJL11-2015. RECITALS 1. Paul E. and Virginia I. Soldner Family Limited Partnership ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to request a one year extension of the conceptual subdivision approval granted pursuant to BOCC Resolution No. 049-2014. 2. The property is located at 501 Stage Road, and is more specifically described in Exhibit A. 3. The parcel is zoned AR -2 and contains 5.03 acres, and is located within the Urban Growth Boundary. 4. On May 14, 2014, the BOCC approved Resolution No. 049-2014, which granted Conceptual Subdivision approval to subdivide the property into two lots; Special Review and GMQS Exemption to utilize TDRs to establish a development right for the new lot; and to establish an Activity Envelope. 5. The BOCC considered the request at a regular meeting on May 27, 2015. 6. Sec. 240.50(d)(2) of the Land Use Code allows the BOCC to grant a one-time extension of a conceptual subdivision approval for a period of time not to exceed one year, if the Applicant demonstrates to the BOCC that substantial action has been taken in reliance of the conceptual subdivision approval. 7. The BOCC finds that the Applicant has made substantial efforts to identify a viable approach to preserve the buildings on the property as part of the cultural heritage of Aspen, consistent with the goals of the West of Maroon Creek Master Plan and the conceptual subdivision approval. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby grants a one year extension of the Soldner Family Limited Partnership Conceptual Subdivision approval, subject to the following conditions, which shall ruts with the land and be binding on all successors in interest: I. The Applicants shall adhere to all material representations made during the application process. 2. All conditions of Resolution No. 049-2014 shall remain in full force and effect. 3. A complete Subdivision Detailed Submission/Final Plat application shall be submitted by May 14, 2016, or the Conceptual Subdivision shall expire. Resolution No.k1015 Page 2 APPROVED ON THE 27"' DAY OF MAY, 2015. Jones, Clerk to AS TO ndy Houben Community Development Director POOL -IJ PID 273502300005 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO 13y Steven F. Child, Chair APPROVED AS TO FORM: ----------� John C ttomey Ely EXHIBIT #6 PAUL E. AND VIRGINIA I. SOLDNER FAMILY LIIVHTED PARTNERSHIP, LLLP SUBDIVISION DEVELOPMENT AGREEMENT AND VESTED PROPERTY RIGHTS AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2016, by and between STEPHANIE SOLDNER SULLIVAN, PARTNER of the PAUL E. AND VIRGINIA I. SOLDNER FAMILY LIMITED PARTNERSHIP LLLP, a Colorado limited liability partnership (hereinafter referred to as "Owner"), whose address is P.O. Box 90, Aspen, CO 81612, and THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin, Colorado, as the governing body of Pitkin County, Colorado (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Owner has submitted to the County for approval, execution and recording a Subdivision Plat for Soldner Family Partnership, LLLP Subdivision, which plat has been filed for record in the real property records of Pitkin County, Colorado on the _ day of 2016 in Plat Book _ @ Pages _ through _ (hereinafter referred to as the Plaf1; and WHEREAS, the County has granted conceptual submission approval, special review approval, GMQS exemption for TDR receiver site and activity envelope review approval to the subdivision pursuant to Resolution No. 049-2014 of the Board of County Commissioners and has granted detailed and final submission approval to the subdivision pursuant to Resolution No. -2016 of the Board of County Commissioners; and WHEREAS, the County has fully considered the Plat and is willing to grant approval and execute the same upon Owner's agreement to the obligations herein, all as required by the Pitkin County Land Use Code; and WHEREAS, the owner is willing to accept those obligations and to enter into this Agreement with the County to provide for the same. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto stipulate and agree as follows. Section 1: Conditions To Be Met Prior To Issuance Of A Building Permit: 1. Prior to submission of any building or other development permit applications for Lot S1, the Owner will submit to the County an application for Activity Envelope and Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. 2. Prior to submission of any building or other development permit applications for Lot S2, the Owner will submit to the County an application for Site Plan Review, pursuant to Secs. 2-30- 20 and 7-10-50 of the Code. With the Site Plan Review application, the Owner will: 1 a3 A. Amend the Activity Envelope to designate a corridor where utilities will be extended to the proposed residence from the utility easement on the eastern property line. B. Confirm the location of the nearest fire hydrant to determine if an on-site water supply for fire -fighting is required. C. Submit plans and profiles of the proposed driveway. 3. Prior to building permit application for Lot S2, the Owner will submit a minimum of one, and up to a total of five, executed Irrevocable Certificate(s) of TDRs to allow a minimum of 2,500 square feet and up to the allowable gross floor area of 12,215 square feet of floor area on the lot (each TDR provides 2,500 square feet of floor area) and a copy of the deed(s) evidencing conveyance of the Certificate to the Owner (if applicable). The Owner agrees not to apply for a GMQS allotment in -lieu of the use of TDRs. 4. Concurrent with submission of a building permit application for the residence on Lot S2, the Owner will: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. As the total development disturbs one (1) acre or more, the Owner will apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns will be maintained. Stormwater will be detained onsite to allow infiltration of runoff prior to discharge. B. Submit a construction management plan for review and approval by the Planning Engineer. The plan shall allow the City of Aspen the ability to enforce any construction impacts on Harmony Road. C. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District. D. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan will specify the native seed mix to be used, the rate at which it will be applied and the method of cover. E. Submit a tree mitigation plan for the removal of any trees larger than 6 inch DBH. F. Submit a detailed landscaping plan, which will be generally consistent with the landscaping shown on the Site Plan. G. Submit a detailed exterior lighting plan demonstrating compliance with the County's lighting regulations. 2 W H. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary. 5. Before a building permit is issued for the residence on Lot S2, the Owner will: A. Pay the applicable road and employee housing impact fees. B. Obtain an access permit for the driveway off of Harmony Road, which shall be approved by the County Planning Engineer and the Aspen Fire Protection District. It is hereby acknowledged that as part of the review of the conceptual submission, the City of Aspen agreed to allow the driveway to enter Lot S2 from Harmony Road. C. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. D. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space. Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. Section 2: Wildfire Hazard Conditions Of Approval The Owner will comply with the following standards for Development in a Medium Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit the Owner's ability to comply with this section, will incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): I . Brush, debris, and non-omamental vegetation will be removed within a minimum 10 foot perimeter around the structure. 2. Vegetation will be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. 3. Spacing between clumps of brush and vegetation within the 30 foot perimeters will be a minimum of two times the height of the fuel. Maximum diameter of the clumps will not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the 30 foot perimeter will be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. 3 as- 5. Tree crown separation within the 30 foot perimeters will have a minimum of 10 feet between the edges of the crowns. 6. All branches which extend over the roof eaves will be trimmed and all branches within 15 feet of the chimneys shall be removed. 7. The density of fuels within a 100 foot perimeter of the structures will be reduced. 8. All deadfall up to a 100 foot perimeter will be removed. 9. No new conifer trees will be planted within 10 feet of a residence. 10. No flammable mulches will be placed within two feet of a residence. 11. The applicant will be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Roofs will be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake/shingle roof coverings will not be utilized. Roofs with less than a 3:12 pitch will only be utilized if they comply with the following: 1. All roof coverings will be constructed of non-combustible materials and installed on a Class A roof assembly. 2. All roof coverings will have a surface that shall facilitate the natural process of clearing the roof. 3. Protrusions above the roofline, such as parapets, will not be utilized. 4. Roofs will be installed as required by the applicable County building code and will have a minimum slope of 1:48. 5. All roof designs, coverings or equivalent assemblies will be approved by the Fire Marshal prior to submittal of a building permit application. C. Roof Venting 1. Soffit venting will be located in the outer 1/3rd portion of the overhang. 2. Attic, soffit and other roof venting will be of non -corrosive metal mesh with maximum 1/4" openings. D. Projections at the roofline, including soffits, rafters, porch or deck roofs, fascias, or similar designs will be: H 1. Sheathed with non-combustible materials; or 2. Combustible materials that are underlain with 5/8" Type X gypboard or equal; or 3. Minimum 4x6 rafters with 2x T&G decking. E. Decks, decking, cantilevered floors, or other projections below the roofline will use minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. F. Maintenance and Miscellaneous Requirements Roofs and gutters will be kept clear of debris. 2. Roof vents will be screened with corrosive resistant wire mesh, with mesh one- fourth ('/4) inch maximum. 3. Any outbuilding will adhere to the same wildfire requirements. 4. Yards will be kept clear of all litter, slash and flammable debris. 5. All flammable materials will be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6. Weeds and grasses within the ten (10) foot perimeter will be maintained to a height not more than six (6) inches. 7. Firewood/wood piles will be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8. Swimming pools and ponds will be accessible by the local fire district. 9. Fences will be kept clear of brush and debris. 10. Wood fences will not connect to other structures. 11. Fuel tanks will be installed underground with an approved container. 12. Propane tanks will 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 will be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. E 13. Each structure will have a minimum of one ten (10) pound ABC fire extinguisher. 14. Addresses will 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 will be extended underground. Section 3: Wildlife Habitat Conditions Of Annroval The Owner will comply with the following measures to mitigate impacts to wildlife: Contractors will be prohibited from bringing dogs on-site. 2. Native vegetation will be maintained outside of the activity envelope as long as it complies with the wildfire mitigation stated in Section 3, above. 3. Landscaping will not include nut, berry or fruit producing trees or shrubs so it is not an attractant to bears. 4. Trash/garbage will be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. 5. All outside doors will utilize only solid round handled door knobs unless another type is required by the applicable building code for disabled accessibility purposes. Any sliding doors at ground level will have appropriate locking mechanisms to ensure that bears cannot gain entry. 6. Bird feeders, including hummingbird feeders, will be hung away from any deck or window, and will be at least 10' from the ground suspended between 2 trees or posts. All seed feeders will include a seed catchment pan to catch discarded seeds. 7. Fencing will be designed to comply with the following: A. Mesh or woven wire fences will not be installed outside of the Activity Envelope. B. Wood rail fencing will have three (3) rails or less, be the round or split rail type, will not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and will have at least eighteen (18) inches between the lower two (2) rails. C. Wire fencing will be three (3) strands or less. The top wire will be a twelve -point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) will be located a minimum twelve (12) N W inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand will be at least sixteen (16) inches from the ground. Section 4: Other Conditions Of Annroval 1. The Owner will comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, installation of an approved fire sprinkler system, and water supply for fire -fighting. 2. . No development including grading, excavation, fill placement, benning, landscaping, vegetation removal or disturbance, well or septic system will occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 3. All new utilities will be installed in locations and through procedures that minimize visual impacts to the maximum extent practicable. All utilities will be installed or extended underground within the approved Activity Envelope or along the driveway. 4. The Owner will provide adequate engineering of any retaining walls over 4' in height and/or any improvements to retaining walls over 4' in height. All retaining walls will be a maximum of 7' in height. 5. No development in excess of 30" above or below natural grade will occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms will not exceed four feet from the most restrictive grade. Any development located within setbacks established by County zoning regulations that does not comply with these restrictions will apply for a variance from the Board of Adjustment. The Owner acknowledges that approval of an activity envelope within such setbacks does not assure approval of a variance. 6. Prior to commencement of any earthmoving or other construction activity, the Owner will stake the comers of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing will remain in place until issuance of a Certificate of Occupancy. 7. The Owner acknowledges that calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have not been conducted at this time and that these requirements will be considered at the time of building permit. Any structures represented in the application will only be permitted if they comply with the applicable County building and zoning regulations. 8. The Owner acknowledges that 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 M 9. The Owner will adhere to all material representations made during the application process. Section 5: Execution Of Final Plat. The Owner's obligations to comply with the conditions outlined herein are expressly contingent on the County's approving and executing the Plat and recording the Plat in the office of the Clerk and Recorder of Pitkin County, Colorado. Section 6: Vested Property Rights. The Plat and the Approval Resolution granting Detailed/Final Plat approval for the Real Property, including the lots, activity envelopes, setbacks and floor area established thereunder and as set forth in this Agreement, constitute a Site Specific Development Plan pursuant to Sec. 24-68-101, et. seq., C.R.S., and the Real Property and each of its Lots is hereby vested against any changes in the Pitkin County Land Use Code, as well as the approvals granted by the County for the Real Property, including, without limitation, the Plat and this Agreement, for a period of three (3) years from the date of Detailed Submission/Final Plat approval, that is, until , 2019. Such vesting shall apply to all the rights and entitlements set forth in this Agreement and Plat and other agreements and documents executed in connection with the Real Property. Section 7: Covenants Running With The Land. All covenants, restrictions, conditions and obligations herein contained are covenants running with the land and shall attach, bind and inure to the benefit of the Owner and County, their respective grantees, successors and assigns. Section 8. Captions. Titles or captions of paragraphs contained in this Agreement are inserted only as a matter of 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. Section 9. Entire Agreement. This Agreement constitutes the full and complete agreement of the parties hereto and may not be modified except by a written agreement signed by the parties. If any of the provisions of the Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Section 10. Notice. Notices to the parties shall be sent by U.S. Certified Mail, return receipt requested, postage prepaid, to the addresses set forth below, or to any other address which the parties may substitute in writing. Such notices shall be deemed received, if not sooner received, three (3) days after the date of mailing of same. To the Owner: Soldner Family Limited Partnership, LLLP c/o Stephanie Soldner Sullivan P.O. Box 90 Aspen, Colorado 81612 To the County: The Board of County Commissioners c/o Pitkin County Manager 530 East Main Street Aspen, Colorado 81611 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Agreement on the day and year first written above. OWNER: PAUL E. AND VIRGINIA I. SOLDNER FAMILY LIMITED PARTNERSHIP LLLP La Stephanie Soldner Sullivan, Partner ATTEST: M 3/ County Clerk THE BOARD OF COUNT COMMISSIONERS OF PITKIN COUNTY, COLORADO Chairperson APPROVED AS TO FORM: am County Attorney EXHIBIT #7 Aspen Consolidated Sanitation District John Keleher - President Joe Zanin - Vice President Roy Holloway - Secretary/Treasurer April 8, 2016 Jay Hammond SGM 118 W. 6th St. Suite 200 Glenwood Springs CO 81601 RE: Soldner Lot Split Dear Jay, Stoney Davis - Member Jeff Yusem - Member Bruce Matherly - Manager The Aspen Consolidated Sanitation District currently has sufficient wastewater collection and treatment capacity to serve this project. Service is contingent upon compliance with the district's rules, regulations, and specifications, which are on file at the District office. The applicants will be required to execute a Shared Service Agreement. A tap permit must be completed at our office when detailed plans become available. The total connection charges due the District must be paid prior to the issuance of a foundation and/or infrastructure permit for Lot 2 and a 40% stub out fee for Lot 1. ely, i / i jc-' . Thomas R. Bracewell Collection Systems Superintendent CC Bruce Matherly, ACSD District Manager 565 North Mill Street Aspen, Colorado 81611 970.925.3601 FAX 970.925.2537 W I 6S/1M 11Rww1shuh5o.a sr.aao 970,945e.10sP4„R.cbelwl Soldner Property Burlingame Ranch 9 Pitkin County, Co «n"riYa mr Soldner Family Partnership LLLP Subdivision Flnf Y", .w f a[eY rt 89.d1]WM1 Sbebbw: mN qq N Y y A I LM 1 _ m LS'-. R YA L lIL � p I yfj. no ewron L Rai a N r nWR Yt 11 I 1 NR, m unl 4. Lm a Ne I YYRUN: rtN am N Ln: rl m ows qw aN. m 11n1 ymbbb., RIfYf wN — HrorRNur114: � W: — rrbrwrler Lf1gYw. wpy.. urr a wn W wnl mbar: SNI Pyll>..s . wliw Y SY =IY « W t !/mI+• Ir .W^ M.IM1 4bah soma R N YYY a Y IY a.il Wr r lyra NYY lm mr N. w mt M.Ir>i �b W ml W W N WNI Rr Nr M>NNYILOMmN1Y1�b Y�NSN q/r« Soldner Family Partnership LLLP Subdivision Plat I being the Soldner Parcel, as shown on the 3rd Amended Plat, Lot 1, Burlingame Ranch Pitkin County, Colorado II vL glmr 14 1 mnn. n urn amu.u... n,a qq w len L ------I-------------------- Lot 2 x GRAPHIC SCALE ---------------------------- Lot ---------------- ___—______ 1r 6S/1M 11Rww1shuh5o.a sr.aao 970,945e.10sP4„R.cbelwl Soldner Property Burlingame Ranch 9 Pitkin County, Co a RwNbn Op1p B Soldner Family Partnership LLLP Subdivision Flnf Y", , a 1 89.d1]WM1 � LM 1 Z.9>9>c mNw Y Rml I R • � I. � ti9,f43>nM1 Y ml bNYNY"NNILIIs'LMY�m1« "24 1 V\ r R>RMb. /8�> ` r Ibgl abr YI I w N1.a YOrbrrYY rltlrN Y.p MO•IN Pa MbYr Q � n � /� s/Jay "".A}P. k �. 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NY L YI OLH H®R LirE N N tl ImOi 01 mM>il - W/I>i1 Y[ N R N N Ivies eL1¢ 1mm OS na IY Itl>I Wi 1R0 N'Si IC >Y -LE Ndbl�wM�� .. 6S/1M 11Rww1shuh5o.a sr.aao 970,945e.10sP4„R.cbelwl Soldner Property Burlingame Ranch 9 Pitkin County, Co a RwNbn Op1p B Soldner Family Partnership LLLP Subdivision Flnf , a 1 � 33 MISCELLANEOUS DOCUMENTS PUBLIC NOTICE RE: Soldner Family Limited Partnership LLLP Subdivision Detailed Submission and Final Plat (CASE# P032-16; PID 2735-023-00-005) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, September 14, 2016 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 Soldner Family Limited Partnership LLLP (PO Box 90, Aspen, CO 81612) requesting Detailed Submission and Final Plat approval to subdivide the property into two lots, one of which will contain the existing residences and outbuildings and one new lot on which to develop a new single family residence. The property is located at 501 Stage Road, and is legally described as a tract of land situated in the NW '/4 SW '/4 of Section 2, Township 10 South, Range 85 West of the 6'h P.M. The State Parcel Identification for this property is 2735-023-00-005. 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 Board of County Commissioners Published in the Aspen Times Weekly on August 11, 2016. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property 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 httl2://pitkincounty.com/DocumentCenterNiew/8878 County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, � \ Ar"` , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the 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 to all owners of property within 300' to the subject property, as indicated on the attached list, on the %i. day of 201 2016(which is l days prior to the public hearing date of 9 Mutt, 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 owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the %I— day of A.. , 201 L (which is -41 days prior to the public hearing date of A � t . 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 hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 7,4 day of As,"f , 201, which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. So� �A k% UL't-/ k(— a -Li Applicant's name Signature (Attach photograph here) Signed before me thisjday of3 2014by ASA. (L.cN%�... WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ary Public sti,riia . � .PC Notary Public's Signature BONNIE L. SHICES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054038739 MY COMMISSION EXPIRES OCTOBER 30. 2017 PUBLIC NOTICE RE: Soldner Family Limited Partnership LLLP Subdivision Detailed Submission and Final Plat (CASE# P032-16; PID 2735-023-00-005) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, September 14, 2016 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 Soldner Family Limited Partnership LLLP (PO Box 90, Aspen, CO 81612) requesting Detailed Submission and Final Plat approval to subdivide the property into two lots, one of which will contain the existing residences and outbuildings and one new lot on which to develop a new single family residence. The property is located at 501 Stage Road, and is legally described as a tract of land situated in the NW '/4 SW '/4 of Section 2, Township 10 South, Range 85 West of the 6a' P.M. The State Parcel Identification for this property is 2735-023-00-005. 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 Board of County Commissioners Published in the Aspen Times Weekly on August 11, 2016. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property 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 hgp://Pitkincounty.com/DocumentCenter/View/8878 C-) Pitkin County Mailing List of 300 Feet Radius From Parcel: 273502300005 on 08/05/2016 �i1'KIN COUNT -4; Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmai)sandmore.com CITY OF ASPEN MAROON CREEK LLC CHEYNE ANNA 130 S GALENA ST 10 CLUB CIR 0019 LINDVIG CT #101 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ESTOCK KIMBERLY & PETER JR 19 LINDVIG CT #201 ASPEN, CO 81611 KISTNER ELIZABETH M & JOSEPH A 0019 LINDVIG CT #204 ASPEN, CO 81611 WARE TIMOTHY B PO BOX 10451 ASPEN, CO 81611 GREEN SAM H 0042 MINING STOCK PKWY #106 ASPEN, CO 81611 FIELDS EMILY & MATTHEW 34 MOLLY CT #102 ASPEN, CO 81611 TAYLOR DONALD PO BOX 2023 ASPEN, CO 81612 TS BAR X LLC 625 E HYMAN #201 ASPEN, CO 81611 G,/ KUBICA WESLEY & BRIAN 0019 LINDVIG CT #202 ASPEN, CO 81611 LIZOTTE KENDRA 42 MINING STOCK PKWY #101 ASPEN, CO 81611 SCHUHRKE KATHRYN L 0042 MINING STOCK PKWY #104 ASPEN, CO 81611 METCALF JENNIFER & IAN 42 MINING STOCK PKWY #107 ASPEN, CO 81611 JOHNSEN KAREN 34 MOLLY CT #103 ASPEN, CO 81611 BURLINGAME RANCH I CONDO ASSOC 0042 MINING STOCK PKWY #102 ASPEN, CO 81611 ESTOCK KIMBERLY J 0019 LINDVIG CT#203 ASPEN, CO 81611 BROWN DEREK & JENNIFER 0042 MINING STOCK PKWY #102 ASPEN, CO 81611 OCALLAGHAN DANIEL J & CHRISTINE A 0042 MINING STOCK PKWY #105 ASPEN, CO 81611 LYSAUGHT DAVID & AMANDA 34 MOLLY CT #101 ASPEN, CO 81611 MAPLE SANDY 34 MOLLY CT#103 ASPEN, CO 81611 TJR HOLDING LLC 777 WOODWARD AVE STE 300 DETROIT, MI 48226 t PUBLId- "OTICE DATE: Sept 14 2016 TIME: 12 .00 pM PLACE: 120 N. Mill St. Pitkin Ct . Librat PURPOSE: m -c ev ew a llcation for detailed & final a - �_Llat roval to subdivide the r° pert into two lots. The a�li F-mocant's Sold i LLLP P. O. Bx 9 As en o0CO 81612, Board of Directors Jim Cardamone President Dave Bellack Vice -President Gary Knaus Secretary Dan Brumbaugh Treasurer Jeanne Doremus Bill Kane Amy Daley Krick Fred Lodge Matt Sturgeon Staff Suzanne Stephens Executive Director Melissa Sumera Operations Director Dave Erickson Stewardship Director Erin Quinn Conservation Director Valery Kelly Development Director Saving the best ... to last May 27, 2016 Suzanne Wolff Community Development Senior Planner 130 Galena St. Aspen, CO 81611 RE: Soldner Family LTD Partnership LLLP Land Use Application (PID 2735-023-00- 005; Case P032-16) Dear Suzanne, Aspen Valley Land Trust (AVLT) staff has reviewed the Soldner Family LTD Partnership land use application and how it may impact the adjacent Burlingame East — Deer Hill Open Space Conservation Easement, of which AVLT is the lead holder (recorded 6/30/2003 at reception #484728 and corrected on 4/14/2009 at reception #558008). According to this application, the proposed subdivision from one parcel to two parcels will occur on the parcel of land to the southeast and across Harmony Rd. from the conservation easement. Therefore, AVLT has no objections to this proposed action as no direct impacts to the Burlingame East — Deer Hill Conservation Easement are anticipated. Sincerely, �Gt/ll� Dave Erickson Stewardship Director Aspen Valley Land Trust, 320 \lain Street, Suite 204, Carbondale, CO 81623 tel:970i963.8440 fas:9701963.8441 email: avlt@avlt.org www.avlt.org April 14, 2016 Jay Hammond, PE 118 W. Oh St. Suite 200 Glenwood Springs, CO 81601 Dear Mr. Hammond: Subject: Soldner Properties Currently Addressed as: 501 Stage Rd. Aspen, CO 81611 In response to your recent request, this letter will service as written verification that the City of Aspen Water Department has sufficient capacity to service the above -referenced location. This letter, however, in no way guarantees the existence or condition of each individual property's water service line, which, in accordance with the City of Aspen Municipal Code, is the property and responsibility of the property owner. In addition, this letter does not represent an agreement to serve; actual service will require the applicant to demonstrate full compliance with any existing water service agreement or a new water service agreement in accordance with the City of Aspen Municipal Code. If you have need or additional information concerning the City of Aspen water availability and service, please do not hesitate to contact me at 970-920-5110. Sincerely, .�14a, — Andy Rossello, P.E. Utilities Engineer, City of Aspen 104r I PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526/FAX# (970) 920-5439 April 19, 2016 Alan Richman PO Box 3613 Aspen, CO 81612 arichman@sopris.net Re: Soldner Family LTD Partnership LLLP Subdivision Detailed Submission and Final Plat (PID# 2735-023-00-005; CASE # P032-16) Dear Mr. Richman: 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 charge 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, June 14, 2016 at a meeting to begin at 5:00 p.m. in Plaza One Conference Room, 530 E. Main St., 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 Shiles Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Open Space and Trails City of Aspen City of Aspen Open Space Aspen Valley Land Trust Burlingame Master Association FROM: Suzanne Wolff, Community Development Department Suzanne.wolffna�pitkincounty.com RE: Soldner Family LTD Partnership LLLP Subdivision Detailed Submission and Final Plat (PID# 2735-023-00-005; CASE# P032-16) DATE: April 19, 2016 Attached for your review and comments are materials for an application submitted by Soldner Family LTD Partnership. The Pitkin County Planning and Zoning Commission will review the application on June 14, 2016. Please return your comments to me by Friday, May 27, 2016. hn:HpitkincogM.com/DocumentCenterNiew/8878 iew/8878 Thank you. PITKIN COLJNTY COMMUNITY DEVELAMENT Permit Receipt RECEIPT NUMBER 00040142 Name: THE SOLDNER CENTER Date:4/11/2016 Project Address: 501 STAGE RD Type: check # 275 Permit Number Fee Description 0032.2016.PLAN PP- Flat Fee 0032.2016.PLAN PP -Clerk Fee 0032.2016.PLAN PP- Public Notice Fee Total: Amount 2,600.00 375.00 54.00 3,029.00