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Home My WebLink Aboutpitkin.planning.273514401003 (2019)Description: Case No: P005-19Parcel ID:2735-14-4-01-003 Application Date:1/15/19 Project Address: 1# Copies: Property Owner:HELVETICA ENDEAVOURS, LLC 365 HALL DR, ASPEN, CO 81611 Address: ASPEN, CO 81612 PO BOX 437 Owner Phone: (970) 925-1234 Owner's REP: MARSHALL C HALL Address: PO BOX 437 ASPEN, CO 81612 REP's Phone: (970) 925-1825 10Allocated Hours: 12% Over Hours: Planner: REP's Email:marshall@wildernet.com Helvetica Endeavors LLC GMQS allotment for Additional Residential Floor Area Referrals:FIRE DEPT - ASPEN COUNTY ATTORNEY REFERRAL ZONING REFERRAL OPEN SPACE & TRAILS REFERRRAL ALL OTHER REFERRALS Castle Creek CaucusOther Referrals: Comments Due Date:03/08/2019 Meetings: 04/02/2019 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: Public Hearing? Notice Date: p&z yes 03/07/2019 05/07/2019 p&z 06/18/2019 p&z P&Z 05/07/19 continued from 4/2/19 P&Z 06/18/19 continued from 5/7/19 P&Z 08/06/19 continued from 6/18/19 P&Z 9/3/19 continued from 8/6/19 BOCC 09/25/19 -pz forward scores Meeting Notes: Approvals: BOCC Resolution #: BOCC Ordinance #: 082-2019;09-2019 P&Z Determination #: HO Determination #: 016-2019 #659397 Admin Determination #: Other Information: VR Approval Date: VR Expires Date: Plat Recorded Date: Plat (Bk, PG):need ?? Remarks:no vesting BOCC Reso #082-2019 #659785 BOCC Reso #091-2019 #660526 Application Type:GMQS Review for Additional Floor Area or New Unit PROTECTIVE COVENANT IN ASSOCIATION WITH. THE PITKIN COUNTY 2019 RURAL AREA RESIDENTIAL GGROWT11 MANAGEMENT QUOTA SYSTEM COMPETITIONFOR A 6,079 SQUARE FOOT ADDITIONAL FLOOR AREA ALLOTMENT AWARDED TO A HELVETICA ENDEAVOURS.LLC Oct -21-2020 This Covenant is made this day of. , 2020 by Marshall Hall, Manager, Helvetica Endeavours LLC, a Colorado Limited Liability Company, PO Box 437, Aspen, CO 81612. RECITALS A. Helvetica Endeavours LLC, a Colorado Limited Liability Company; Marshall Hall; Manager (the "Owner"), is the fee owner of certain real property at 335, 361, & 365 Hall Drive, Parcel ID No. 213514401.003, more.specifically described as Lot 2 of the M.A.A. Inc. Filing No. 1 as described on the amended Plat Book 4 at Page 466 (the "Parcel"j; B. The Owner submitted, a land use application (the "Application") in the 2019 Rural Area Growth Management Quota System competition for a 6,079 square foot additional floor area allotment to be applied to, the principal residence; which results in a total of 15,000 square feet of floor area on the property. C. The property contains a primary residence and garage with 3;895 square feet; a Caretaker. Dwelling Unit and. garage- with 1,750 square feet; and a second single-family residence,, a non -conforming use, with 3,009 .square :.feet; for a total of 8,654 square feet of floor area on the property. D. On September 3, 2019, the Pitkin County Planning and Zoning Commission. reviewed and considered the Application and forwarded a recommendation of approval of. the Application, with conditions, to the Pitkin County Board of County Commissioners (the "BOCC"). The, recommendation is reflected in. Pitkin County Planning and Zoning Commission Resolution. No. 16-2019. E. On October 10, 2019, the BOCC. granted a growth management allotment of 6,079 square .feet of floor. area to be applied to the principal residence on the Parcel, for a total of 15,000 square feet of floor area, subject to conditions (the "GMQS Approval"). The BOCC decision is reflected in Pitkin County Boaid of County Commissioner Resolution No. 091-2019. F. Resolution No. 091-2019' requires the following: "This allocation is conditioned upon recordation of a covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed and approved by Community Development Department and recorded against the property within 180 days of the date the allotment is approved... and prior to issuance of a building permit to utilize the awarded floor area.." G. This covenant is submitted by the Owner to satisfy the above stated condition of the GMQS ,Approval and perfect the grant. of 6,079 square feet of additional floor area, for a total of 15,000 square feet of floor area allowed to be developed on the Property. NOW THEREFORE., the allotment of an additional 6,079 square. feet of floor area provided for in BOCC Resolution No. 091-2019 for the Property, is conditioned upon "the following restrictions, which detail the representations and commitments made in the Application as recognized by the BOCC through the award of points: Page 1 IIIIIIIVIIIIIIIIVIIIVIIIVIIIVIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIIII RECEPTIONM 669744, R: $0.00, D: $0.00 DOC CODE: COVENANTS Pg 1 of 6, 10/22/2020 at 12:14:41 PM Janice K. Vos Caudill, Pitkin County, CO RECEPTIONM 669744,10/22/2020 at 12:14:41 PM, Pgs 2 of 6, Janice K. Vos Caudill, Pitkin County, CO 1.0 GENERAL REQUMXMENTS: 1.1 In addition to P&Z Resolution No. 016-2019 and BQCC Resolution No. 09.1-2019 granting the GMQS Approval, the Property is currently bound by the terms of the. following documents (collectively, the "Past Approvals") and .the Owner acknowledges and agrees that, in addition to the matters provided for elsewhere herein regarding the representations made in the Application, the Owner will comply with all of the terms. and conditions of the Past Approvals: a. BOCC Resolution -No. 122-2006 filed as ReceptionNo. 529717 withfIfe Pitkin County Recorder regarding a GMQS Exemption to replace two existing, legally created residences, 1:041 Hazard Review, and Special Review for a CDU: b. 1041 Hazard Review Site Plan recorded in Plat_ Book 84,_ Page 89, Reception No. 541674. c. BOCC Resolution No. 107 2019 and BOCC Ordinance .No. 46-201.9, amending the 2006 approval and' covenant preventing further subdivision of the property and deleting the prohibition against condominiumization. 2.0 GMQS ,Commitments: '2.1 The Owner shall provide funding to the Aspen Fire Protection District in the amount of $20,000 to improve firefighting capability and the purchase of specialized wildland firefighting equipment. The Owner shall provide these monies prior to or concurrent with recordation of the GMQS covenant. 2.2 The Owner shall provide funding -to the Pitkin County Open Space and Trails program in the amount of $10,000.for the Castle Creek bike and pedestrian trail. The Owner shall provide these monies prior to or concurrent with:recordation of the GMQS covenant. 2.3 The Owner shall provide a ten -foot (10') wide casement to the Pitkin County Open Space and Trails program. across the eastern property lime, with connections to the Newman `Flume platform at both ends, which may extend beyond the 10' 'offset from the property line. The easement. shallbe accepted by the: BOCC and. recorded prior to or concurrent with recordation of the GMQS covenant. 2.4 The Owner shall provide easements for two parldng spaces for vehicles, a boating put -in, angler access, extending ten feet (10') above the high waterline on both banks ofiCastle Creek, and. pedestrian/angler use of the bridge across Castle Creek to access the eastern bank: The easements shall be accepted by the BOCC and recorded prior to or concurrent with recordation of the GM.QS covenant. 2.5 The Owner shall improve the intersection of Hall Drive and Castle Creek.Road per the engineering report submitted with the Application. A ROW permit is required through the Public Works Department. The road improvements shall be completed prior to the submission of a building permit to utilize the awarded floor area. 2.6 At least 2Q% of the granted floor area, or 1,21.6 square feet, shall be built sub -grade. The sub -b ade space must -meet the requirements.for exempt sub -grade space in Land Use Code Sec. 5-20-7.0(g)(1). 2.7 The height of the new or remodeled home.and associated elements shall not exceed 23.8 feet, This is 15% less than the otherwise allowable height of 28 feet. 2.8 All dimensions stated herein shall be measured according to the applicable methods codified at the time of building permit submission. Page 2 RECEPTION#: 669744,10/22/2020 at 12:14:41 PM, Pgs 3 of 6, Janice K. Vos Caudill, Pitkin County, CO 3.0 Miscellaneous: 3.1 Recordation. Once fully executed, this Covenant shall be recorded in -the Office of the Pitkin County Clerk and Recorder. 3.2 Notices. Any notice required or ,permitted under this Agreement shall be in, writing and shall be provided by electronic delivery to the e-mail addresses set forth below and. by one of the following methods 1) hand -delivery or 2). registered or certified mail; postage pre -paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future .notices should be: sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation- of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Owner: Marshall Hall, Manager Helvetica Endeavors LLC A'Colorado . Limited Liability Company PO Box 43.7 Aspen, CO 81612 To County: Jon.Peacock Pitkin .County Manager 530 E. Main Street, Suite 302 Aspen, CO 81611 With copy to: John Ely Pitkin County Attorney 530 E. Main Street, Suite 301 Aspen, CO 81611 3.3 Binding -Effect. The provisions of this Covenant shall run with and constitute -a burden on the Property and shall be binding on and inure to the benefit of the Owner of the Property from time to time, and such Owner's heirs, -suecessors, personal representatives, and assigns;. and Pitkin County, its successors, personal representatives, and assigns. 3.4 Amendment. This Covenant may be amended only by written instrument executed by the parties, upon approval by the Pitkin County Community Development Director. 3.5 Abandonment. This Covenant shall become null and void upon Owner abandoning the. GMQS Approval through a form acceptable to the Pitkin County Community Development Director. 3.6 Severability. If any of the provisions of this Covenant are determined to be :invalid, it shall not affect the validity of the remaining provisions hereof. Page 3 RECEPTION#: 669744,10/22/2020 at 12:14:41 PM, Pgs 4 of 6, Janice K. Vos Caudill, Pitkin County, CO 3.7 Non -Waiver. Any failure to enforce a requirement of the Covenant shall not constitute amaiver of the right to enforce any other requirement, and shall not constitute a waiver of the right to any further enforcement of any requirement of this Covenant. 3.8 Enforcement; Owner hereby agrees that in any adjudicated controversy concerning this Covenant, the prevailing party is entitled to its costs, and reasonable attorney's .fees. Failure, to enforce this Covenant does not constitute a waiver of any rights to commence enforcement. Agreed to and accepted by Owner: karsLd W Oct -21-2020 Marshall Ha - 11, Manager Helvetica Endeavors LLC A Colorado Limited Liability Company STATE OF COLORADO COUNTY OF PITKIN Acknowledged before me this jL/day of '01011,2020, WITNESS, my hand, acrd official sea]. My commission expires: JEANE'TTE JONES Y PUBLIC. /I, V1 I U r NOTARY PUBLI19 STATE az QOLOF�R� . A�.DCO FNOTARY 5D 1' OZ4" Notary.? Public Page 4 RECEPTIONM 669744,10/22/2020 at 12:14:41 PM, Pgs 5 of 6, Janice K. Vos Caudill, Pitkin County, CO Accepted by the Pitkin County Community Development Director this day of.jul-23-2020 2020, pursuant to Pitkin County Board of County Commissioners Ordinance. No. 032-2017. 5mawnt- 036iff Suzanne Wolff, Assistant Director Approved as to Form: Richard Y. Neiley, Assistant County Attorney Page 5 RECEPTIONM 669744,10/22/2020 at 12:14:41 PM, Pgs 6 of 6, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT "A" LEGAL DESCRIPTION Lot 2 of the M:A.A. Inc: Filing No. 1 as described on the amended plat of record in Plat Book 4 at Page 466 of the real :property records of Pitkin County, Colorado, and subject to the dedications, notes and restrictions hereon: Page 6 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ALLOCATING 2019 RURAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT FOR ADDITIONAL FLOOR AREA TO HELVETICA ENDEAVOURS, LLC Resolution NoAl -2019 RECITALS On September 3, 2019, the Planning and Zoning Commission ("Commission") held a duly noticed public hearing at which time evidence and testimony were presented with respect to the 2019 Rural Area Residential GMQS competition for additional floor area. 2. The Commission reviewed the Helvetica Endeavours LLC application requesting 6,079 square feet of additional floor area for one existing single-family residence. 3. The property is located at 361& 365 Hall Drive, and is legally described as Lot 2 of the M.A.A. Inc. Filing No. 1, as described on the amended plat in Plat Book 4 at Page 466. 4. There are 25,000 square feet of floor area available in the Rural Area for the 2019 competition for additional floor area. 5. The Commission accepted the scoring drafted by staff and gave the application a score of 20 points by a vote of 6-0. 6. The application met the minimum threshold score of 20 points and there were no competing applications, therefore, the lot is eligible for the requested allotment. Pursuant to Section 2-40-40(c) of the Land Use Code, the Commission's scores for the Helvetica Endeavours, LLC application were forwarded by resolution to the Board of County Commissioners ("BOCC") at a regular meeting on September 25, 2019. 8. No appeals to the scoring have been filed within the required time frame. NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate 6,079 square feet of floor area to Helvetica Endeavours, LLC as a result of the 2019 Rural Area Residential GMQS competition for additional floor area. The allotment shall be conditioned upon recordation of a covenant documenting the commitments and representations made by the Applicant in the application for the allotment, and any amendments thereto. This covenant shall be reviewed and approved by the Community Development Department as well as the County Attorney's Office and recorded against the property within 180 days of the date the allotment is approved by resolution of the Board of County Commissioners of Pitkin County, Colorado and prior to any issuance of a building permit to utilize the awarded floor area. I IIIIII VIII VIII VIII VIII VIII VIII IIII II I III VIII VIII VIII IIIIIII II IIII ECEPTION#: 660526, R: $0.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3,11/19/2019 at 10:08:47 AM Janice K. Vos Caudill, Pitkin County, CO Resolution No.6A-2019 Page 2 2. The Applicant shall also satisfy any commitments and representations — such as recordation of a property interest or commitment to finance or provide capital improvement made in the application for an allotment, and any amendments thereto, prior to or concurrent with recordation of the GMQS covenant, except those commitments logically related to any existing or subsequent development application or permit that shall be memorialized in the covenant as a condition precedent to recordation of the Site Plan or other County review or approval. Absent recordation of the covenant memorializing the square footage allotment for the property and satisfaction of the commitments stated in the application within 180 days or any extension thereof approved by the Community Development Director for cause, the approval granting the allotment shall have no force and effect. Resolution NAL -2019 Page 3 APPROVED AND ADOPTED ON THE 10'h DAY of OCTOBER, 2019. ATTEST: �/ 9 � Je ette Jones D uty County Clerk APPROVED AS TO FORM: --------------- John Ely,,._.- _::...County Attorney Case # P012-19. PID #2735- 144-01-003 BOARD OF COUNTY COMMISSIONERS OF PITKIN OUNTY, COLORADO By reg Poschman, Chair Date � /3 // APPROVED AS TO CONTENT: &�-Vi t f Cindy ouben, Community Development Director