HomeMy WebLinkAboutcoa.lu.su.Maroon Creek.A93-96
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cAS GAD SUMMARY SHEET. CITY OlsPEN
DATE RECEIVED: 12/17/96
DATE COMPLETE:
PARCEL ID # 2735-154-00-005
CASE # A93-96
STAFF: Stan Clauson
PROJECT NAME: MaroonCreek Subdivision Insubstantial Amendment
Project Address:
APPUCANT: Maroon Creek Limited Liability Co.
Address/Phone: 10 Club Circle, Aspen, Co. 81611
REPRESENTATIVE: Garfield & Hecht
Address/Phone: 601 E. Hyman, Aspen, Co. 925-1936
RESPONSffiLE PARTY: Applicant
Other Name/Address:
FEES DUE
PLANNING
ENGINEER
HOUSlNG
ENV HEALTH
CLERK
TOTAL
$450
$0
$0
$0
$0
$450,
FEES RECEIVED
PLANNING $450.
ENGINEER $
HOUSlNG $
ENV HEALTH $
CLERK $
TOTAL RCVD $450,
TYPE OF APPUCATION
Staff Approval
# APPS RECEIVED 2
# PLATS RECEIVED
GIS DISK RECEIVED:
P&Z
CC
CC (2nd readin )
REFERRALS:
IJ?'6ty Attorney
o City Engineer
o Zoning
o Housing
o Environmental Health
o Parks
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o OpenSpace Board
o Other:
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
DATE DUE: \j.,\~;q("
,
DATE REFERRED: Q,Jk,1ea INITIALS:~
APPROVAL:
OrdinanceIResolution #
~provat>
:ofaed:
Date:
Date:
Book
\ ~. \to . L1,(.,
,Page
CLOSED/FILED
ROUTE TO:
DATE: /i"t-~/ '7'1
INITIALS: 5'A/A----
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GARflilElLD & lHllEClHlT, PoCo
ATTORNEYS AT LAW
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TELEPHONE
(970) 925-1936
TELECOPIER
(970) 925-3008
E-mail
garhecht@rof.net
RONALD GARFIELD'
ANDREW V, HECHT"
MICHAEL J. HERRON'"
OA VID L. LENYO
MATTHEW C. FERGUSON'
KRIST! S. FERRARO****
VICTORIAN SQUARE BUILDING
601 EAST HYMAN A VENUE
ASPEN, COLORADO 81611
*alsoadmitted to
New York Bar
Ualso admitted 10
District of Columbia Bar
."* also admitted to
Florida Bar
"***alsoadmilted to
Pennsylvania Bar
December 12, 1996
VIA HAND DELIVERY
Mr. Stan Clauson, Planning Director
City of Aspen Community Development Department
1 30 South Galena Street
Aspen, Colorado 8161 1
Re: Maroon Creek Subdivision
Dear Stan:
Enclosed please find the following documents:
A. A photocopy of the Insubstantial P.U.D. Amendment, which has been
marked to show the following changes: (1) the deletion of the extraneous verbiage in
the fourth line of Recitation "Di" (2) the capitalization of a defined term in Recitation
"Fi" and (3) the addition to paragraph 2 of a sentence attaching a form of
Certification to the Amendment as Exhibit "A" and such Certification is so attached.
B. An execution copy of the Insubstantial P.U.D. Amendment.
C. Our client's check in the amount of $450, made payable to the City of
Aspen Community Development Department, being the application fee.
I am delivering copies of these documents (with the exception of the check) to
John and if the document, as amended, meets with both your and John's approval, I
would appreciate your execution of same. If you will contact me when it is executed,
I will then arrange to have it recorded in the Pitkin County real estate records.
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GARfllEW 6< ItIIECItIJ, P.C.
Mr. Stan Clauson
December 12, 1996
Page 2
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Thank you for your cooperation in this regard.
Enclosures
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cc: John P. Worcester, Esq. (w/encl.)
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INSUBnANTIAU.U.D. AMENDMENt ~()vJ~
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THIS INSUBSTANTIAL P.U.D. AMEN~~ENT ("Amendment") is .
approved by the City of Aspen Planning Director this .. '~day of December, 1996
in. favor of Maroon Creek Limited Liability Company, a Colorado limited liability
company, and its successors in interest, the developer of the Maroon Creek Subdivision
("Developer"). .
RECITATIONS
A. The Maroon Creek Subdivision and the Planned Unit Development
(alternatively, "PUD" or "Subdivision") was created pursuant to a Plat recorded on
November 15, 1993 in Plat Book 33 at Pages 4 through 15 of the Pitkin County real
estate records ("Plat").
B. The Subdivision, at the time of the recordation of the Plat, was located
within the Pitkin County limits. Approval for the Subdivision and the recordation of
the Plat was granted by the Board of County Commissioners for Pitkin County pursuant
to a Subdivision Improvement Agreement for Maroon Creek Club, which was recorded
on November 12, 1993 in Book 730 at Page 606 of the Pitkin County real estate
records ("S.LA. "). Subsequent to the recordation of the Plat and the S.LA. and the
creation of the Subdivision, the Subdivision was annexed into the City of Aspen. As
a result of this annexation, the City of Aspen has exclusive jurisdiction over the land
use issues and approvals relating to the Subdivision and PUD.
C. The Subdivision consists of forty-three (43) single-family lots and three
(3) multi-family lots upon which approvals have been granted for the construction of
thirty-six (36) multi-family residential units, for a total of seventy-nine (79) free-
market residential units. The Subdivision contains, in addition to the free-market
residences, lots reserved for employee housing, a golf course and club facilities.
D. The S.LA. provides, in paragraph 16, that no certificates of occupancy
("COs") shall be issued for any of the free-market residential units until a certificate
of occupancy has been issued for the employee housing in the Subdivision located on
Lot 52 consisting of forty-two (42) employee units ("Employee Units") ana Lot 52.
The S.LA. further states, in paragraph 16, that substitute security may be provided by
the Developer to guaranty the construction of the Employee Units, which will then
entitle the Developer to COs for the free-market residential units prior to the
completion of the Employee Units.
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E. The Developer, through Shaw Construction, L.L.C. ("Shaw"), has
commenced construction of the Employee Units.
F. An application has been made to the City of Aspen to modify the
approvals granted for the Subdivision and PUD so that construction of the employee
~ Emolovee Uni~ as such construction occurs, may be used as substitute security
in order}o obtain COs for the free-market residences.
G. The City of Aspen Land Use Code provides that an insubstantial P.U.D.
amendment can be executed by the City of Aspen Planning Director.
WITNESSETH
NOW, THEREFORE, in consideration of the above recitations, the City of
Aspen has agreed to an insubstantial amendment to the P.U.D. for the Subdivision, as
authorized by the City of Aspen Land Use Code as follows:
1 . Recitations. The above recitations are true and correct.
2. Insubstantial P.U.D. Amendment. From time to time during the
construction of the Employee Units, Shaw shall certify ("Certification"), under oath,
to the City of Aspen Planning Director indicating the percentage of total construction
which has been completed and paid for at the time of such Certification. Acoov of
the form of the CertiJis;atjon is attached hereto and made a Dart hereof as ~xhibit
"A. " Based upon the Certification, the Developer shall be entitled to a percentage of
COs for the seventy-nine (79) free-market residences based upon the formula set forth
hereafter. The percentage of gross construction completed and paid for as stated in
the Certification shall be multiplied times the number of Employee Units (42) and that
product shall be divided by one hundred twenty-five percent (125%). The product
thus obtained shall be the number of COs which the Developer shall be entitled to
allocate for the seventy-nine (79) free-market residential units. No COs shall be
allocated for fractional numbers derived from such formula. By way of example, if
Shaw's Certification shows that construction has been completed and paid for for
twenty percent (20%) of the total Employee Units, then the Developer shall be
entitled to six (6) COs (42 x 20% = 8.4 + 125% = 6.72). If Shaw's second
Certification shows thirty-five percent (35%) ofthe total construction ofthe employee
units have been completed and paid for, then the Developer shall be entitled to an
additional six (6) COs (35% x 42 = 14.7 + 125% = 11.76 + .72 = 12.48 - 6
{previously issued} = 6).
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3. All COs issued or available pursuant to this Amendment shall be
allocated, in writing, by the Developer to the owners of either the single.family or
multi-family residential lots in the Subdivision. The City of Aspen Building Department
shall be. notified of how many COs are available and the. owner of any such lot within
the Subdivision shall then provide a written allocation from the Developer to evidence
tl1eir entitlement to a CO.
.4: Except as amended by this Amendment, the approvals granted by the Plat
and the S.I.A. remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is executed on the day and year first
written above.
By:
APPR
)0
-.-.--.....------- COMPARISON OF FOOTERS ---------.....---.
-FOOTER 1-
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RONALD GARFIELD'
ANDREW V, HECHT"
MICHAEL J. HERRON***
DAVID L LENYO
MATTHEW Co FERGUSON'
KRISTI S. FERRARO"''''**
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 8161 I
't'.~.'t>ij. J
~~'".,
\, ,..J'fi,l1fHONE
"\~t~7j)) 925- I 936
TELECOPIER
(970) 925-3008
E-mail
garhecht@rof.net
GAJRfliJElD & IHIEClHIt, r.c.
*alsoadmittcd to
New York Bar
"a\so admitted to
District of Columbia Bar
u* also admitted to
Florida Bar
**"*alsoadmittedtO
Pennsylvania Bar
December 3, 1996
VIA HAND DELIVERY
VIA "AND DELIVERY
Mr. Stan Clauson
City of Aspen Planning Director
130 South Galena Street, Third Floor
Aspen, Colorado 81611
John P. Worcester, Esq.
City Attorney, Oty of Aspen
1 30 South Galena Street, 2nd Floor
Aspen, Colorado 8 t 61 1
Re: Maroon Creek Subdivision
Dear Stan and John:
Enclosed please find a draft of the Insubstantial P.U.D. Amendment which I
have drafted as a result of my conversation with Stan. We have attempted to address
your concern about granting COs on a one-for-one basis by the 125% division set
forth in the formula in paragraph 2.
I would appreciate your reviewing the enclosure and advising whether you have
any questions, comments or changes.
Thank you for your cooperation in this regard.
Enclosure
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GARFIELD & HECHT., P.C.
PREUMlNARY Oft:
Dated /O)~ 3~
REVIEW AND DISCUSSION
NOT FOR S'QNAnJRE
THIS INSUBSTANTIAL P.U.D. AMENDMENT ("Amendment") is
approved by the City of Aspen Planning Director this day of December, 1996
in favor of Maroon Creek Limited Liability Company, a Colorado limited liability
company, and its successors in interest, the developer of the Maroon Creek SubdMsion
("Developer").
RECITATIONS
A. The Maroon Creek Subdivision and the Planned Unit Development
(alternatively, "PUD" or "Subdivision") was created pursuant to a Plat recorded on
November 15, 1993 in Plat Book 33 at Pages 4 through 15 of the Pitkin County real
estate records ("PlatU).
B. The Subdivision, at the time of the recordation of the Plat, was located
within the Pitkin County limits. Approval for the Subdivision and the recordation of
the Plat was granted by the Board of County Commissioners for Pitkin County pursuant
to a Subdivision Improvement Agreement for Maroon Creek Club, which was recorded
on November 12, 1993 in Book 730 at Page 606 of the Pitkin County real estate
records (US.LA.U). Subsequent to the recordation of the Plat and the S.LA. and the
creation of the Subdivision, the Subdivision was annexed into the City of Aspen. As
a result of this annexation, the City of Aspen has exclusive jurisdiction over the land
use issues and approvals relating to the Subdivision and PUD.
C. The Subdivision consists of forty-three (43) single-family lots and three
(3) multi-family lots upon which approvals have been granted for the construction of
thirty-six (36) multi-family residential units, for a total of seventy-nine (79) free-
market residential units. The Subdivision contains, in addition to the free-market
residences, lots reserved for employee housing, a golf course and club facilities.
D. The S.LA. provides, in paragraph 16, that no certificates of occupancy
(UCOSU) shall be issued for any of the free-market residential units until a certificate
of occupancy has been issued for the employee housing in the Subdivision located,on
Lot 52 consisting of forty-two (42) employee units (UEmployee UnitsU) and Lot 52.
The S.LA. further states, in paragraph 16, that substitute security may be provided by
the Developer to guaranty the construction of the Employee Units, which will then
entitle the Developer to COs for the free-market residential units prior to the
completion of the Employee Units.
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E. The Developer, through Shaw Construction, L.L.c. ("Shaw"), has
commenced construction of the Employee Units.
F. An application has been made to the City of Aspen to modify the
approvals granted for the Subdivision and PUD so that construction of the employee
units, as such construction occurs, may be used as substitute security in order to obtain
COs for the free-market residences.
G. The City of Aspen Land Use Code provides that an insubstantial P.U.D.
amendment can be executed by the City of Aspen Planning Director.
WITNESSETH
NOW, THEREFORE, in consideration of the above recitations, the City of
Aspen has agreed to an insubstantial amendment to the P.U.D. for the Subdivision, as
authorized by the City of Aspen Land Use Code as follows:
1 . ,Recitations. The above recitations are true and correct.
2. Insubstantial P.U.D. Amenc:lment. From time to time during the
construction ofthe Employee Units, Shaw shall certify ("Certification"), under oath,
to the City of Aspen Planning Director indicating the percentage of total construction
which has been completed and paid for at the time of such Certification. Based upon
the Certification, the Developer shall be entitled to a percentage of COs for the
seventy-nine (79) free-market residences based upon the formula set forth hereafter.
The percentage of gross construction completed and paid for as stated in the
Certification shall be multiplied times the number of Employee Units (42) and that
product shall be divided by one hundred twenty-five percent (125%). The product
thus obtained shall be the number of COs which the Developer shall be entitled to
allocate for the seventy-nine (79) free-market residential units. No COs shall be
allocated for fractional numbers derived from such formula. By way of example, if
Shaw's Certification shows that construction has been completed and paid for for
twenty percent (20%) of the total Employee Units, then the Developer shall be
entitled to six (6) COs (42 x 20% = 8.4 ..;. 125% = 6.72). If Shaw's second
Certification shows thirty-five percent (35%) of the total construction of the employee
units have been completed and paid for, then the Developer shall be entitled to an
additional six (6) COs (35% x 42 = 14.7..;. 125% = 11.76 + .72 = 12.48 - 6
{previously issued} = 6).
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3. All COs issued or available pursuant to this Amendment shall be
allocated, in writing, by the Developer to the owners of either the single-family or
multi-family residential lots in the Subdivision. The City of Aspen Building Department
shall be notified of how many COs are available and the owner of any such lot within
the Subdivision shall then provide a written allocation from the Developer to evidence
their entitlement to a CO.
4. Except as amended by this Amendment, the approvals granted by the Plat
and the S.I.A. remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is executed on the day and year first
written above.
CITY OF ASPEN
By:
Stan Clauson, Planning Director
APPROVED AS TO FORM:
John P. Worcester, City Attorney
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