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Home My WebLink AboutLand Use Case.S Aspen St.0011.2007.ASLU--, City of Aspen Community Devebpment Department CASE NUMBER 0011.2007.ASLU PARCEL ID NUMBER PROJECT ADDRESS 5l±cc? N ~'{'sf~~ ST PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION Joyce Allgaier Vested Rights Extension David Fiore 4/27/07 CLOSED BY Amy DeVault !~,_ ,~ ~..r' DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby .issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This. Order allows for the extension of vested rights for the development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The vested property right shall .expire on July 28, 2007, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, .excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of the initial Order. This Development Order is associated with the property noted below. Aspen Land Fund II, LLC- Attention John Sarpa, 300 Spring Street, Suite 301, Aspen, CO 81611, Phone: .(970) 544-3541 Property Owner's Name, Mailing Address and telephone number Block 6 of the Eames Addition to the City and Townsite, Lots 7-12, Block 11, Eames Addition to the City- and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen. Legal Description and Street Address of Subject Property The Applicant received a one year extension of his vested rights until July 28, 2007 as were originallygranted by Ordinance 32, Series 2003. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Resolution No. 36, Series of 2006, 5/8/06 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 29, 2006 Effective Date of Vested Rights Extension July 28, 2007. Expiration Date of Vested Rights Extension (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 22°d day of M y, 2006, by the City of Aspen Community Development Director. Chris Bendon-Community Development Director ~~. RESOLUTION N0.36 (Series of 2006) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVIIVG A ONE (1) YEAR EXTENSION OF THE VESTED RIGA'TS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003 FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSIiTE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-13-001 {Parcel 1) Parcel No. 2735-131-14003 (Parcel 2) Parcel No. 2735-131-23-001 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a one (1) year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development. of fourteen (14} free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights on March 20, 2006 before the vested rights expired; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted'; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a one {1) year extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identiSed herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the extension of vested rights proposal meets or exceeds alI applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: s The Aspen City Council does hereby approve a one (1) year extension of vested rights as approved by Ordnnance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivsion/PUD with the following conditions: That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3 This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction,. such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• ~_ A duly noticed public hearing on this Resolution was held on the 8th day of May, 2006 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a 4 to 0 vote on this 8~' day of May 2006. Approved as to form: J~ n _P •cester, City Attorney Attest: Kathryn S. h, City Clerk Approved as Mayor C MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Joyce Allgaier, Deputy Director vtll a ~~n~~ ey ~ Kccv , j~(<. ZS , 2os~ RE: South Aspen Subdivision/PUD Extension of Vested Rights, Resolution No.?~ Series 2007, Public Hearing DATE: Apri123, 2007 APPLICANT /OWNER: Aspen Land Fund II, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: West side of South Aspen Street near the base of Aspen Mountain (the legal description is included in the Application). CURRENT ZONING & APPROVED USE L and R-15 Zone District with a Lodge and PUD Overlay, approved for fourteen (14) fee-market residential units and seventeen (17) affordable housing units. PROPOSED LAND USE: The vested rights applies to the 14 unit free market/17 unit AH residential project. The Lodge At Aspen Mountain project is proposed for the site as a current land use application. STAFF RECOMMENDATION: Approval with Conditions. SUMMARY: The Applicant requests a one year extension of their vested rights with regard to the existing approval for a free-market and affordable housing residential development. This project would be built if the proposed lodge/fractional/free market project does not move forward. LAND USE REQUESTS AND REVIEW PROCEDURES' The Applicant is requesting the following land use approval: Extension or Reinstatement of Vested Rights to extend the existing vested rights of the approved residential project to July 28, 2007, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). PROJECT SUMMARY: The Applicant has requested an extension of their vested rights for the project approved by Ordinance No. 32, Series 2003, which allows the applicant to develop the site with fourteen (14) free-market residential units and seventeen (17) affordable housing units. The ordinance vested the approval until July 28, 2006, which was then extended to July 28, 2007 through Resolution No. 36, Series of 2006. Since the approval of the ordinance, an alternative development proposal, "The Lodge At Aspen Mountain", has been submitted to City Council, has received conceptual approval and is in the process of Final PUD review with the City Council. STAFF. COMMENTS' VESTED RIGHTS EXTENSION: The Applicant is requesting an extension of their vested rights for one year (July 28, 2007) pursuant to Section 26.308.010 C. of the City's Land Use Code. The Applicant is requesting the proposed one year extension of their vested rights because, "the Applicant cannot allow the residential project's vested rights to expire as the property's financing was made in reliance of the existing approvals. "Staff believes that the City would be better served with a hotel at this location rather than a purely residential development. It is in the City's best interest to add to its lodging bedroom base. Therefore, Staff believes that the proposed extension of vested rights would benefit the City by encouraging the Applicant to pursue frnal application of the hotel development in the near future. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights .for one year and establish an expiration date of July 28, 2008 for the South Aspen Subdivision/PUD with the following conditions: 1. That the provisions, conditions and requirements of Ordinance No. 32, Series of 2003, are in full force and effect; and 2. That the establishment herein of a vested property right shall not preclude the applications or regulations, which are general in nature, and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 3. That this resolution allows for the extension of vested rights to July 28, 2008. RECOMMENDED MOTION (ALL MOTI NS ARE PROPOSED IN THE AFFIRMATIVE: "I move to approve Resolution No.2~, Series of 2007, approving with a condition, a one (1) year extension of Vested Property Rights for the South Aspen Subdivision/PUD as was originally approved by Ordinance No. 32, Series of 2003. The new expiration date will be July 28, 2008." CITY MANAGER'S COMMENTS: ATTACHMENTS: ExxIBIT A -Review Criteria and Staff Findings EXHIBIT B -Application Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.O10.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of Vested Rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding The Applicant has until July 28, 2007, based on a number of administrative extensions that were granted, to record the final plat, final PUD plan, and Subdivision/PUD agreement,. which is required as part of Ordinance No. 32, Series 2003. The Applicant has submitted the required final plans and documents for recordation for the South Aspen Street Subdivision/PUD. The applicants are also preparing construction drawing plan sets so that they may submit for a building permit should the extension of the vested rights for this residential project not be granted. Staff does not believe that there are any outstanding conditions of approval that have to be met prior to applying for an extension of Vested Rights. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staf Finding.• The applicants have submitted their final recordation documents for review and recordation as noted in (a) above. The Applicant has not a lied for building permits for the approved residential development (however, building staff has been working with the applicant's architect so we, as staff, know these plans are now underway). The applicants have undoubtedly made sizable expenditures in pursuing the entitlements for the residential project. The Applicant has also made efforts to proceed with pursuing approval for The Lodge At Aspen Mountain which they see as a preferred development alternative. As such, the Applicant has diligently worked on gaining the approvals necessary to develop the site with a hotel rather than construct a solely residential development; however, the Applicants want to protect their rights that are already vested. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Finding: Outside of the application processing costs incurred by the applicant with respect to City Land Use Application Fees and Referral Fees, there have been no benefits already received by the City as a result of project approval such as impact fees or land dedication. Impact fees are collected at the time of building permit issuance. Staff finds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Sta„f' Finding Staff believes that the City would be better served with ahotel/fractional project at this location rather than a purely residential development. It is in the City's best interest to add to its lodging bedroom base. If the extension were granted, the applicants have represented that they will pursue the hotel/fractional development. If the extension were denied, the applicants have indicated that they would construct the all-residential development by applying for building permits prior to the expiration of vested rights. There is the possibility that the applicant would not pursue permits and determine that another land use application was their best alternative. In evaluating the situation, Staff believes that the extension of vested rights would benefit the City by encouraging the applicant to continue to pursue final application of the hotel development in the near future. Staff finds this criterion to be met. Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.O10.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staf Findin The Applicant has until July 28, 2007, based on a number of administrative extensions that were granted, to record the final plat, final PUD plan, and Subdivision/PUD agreement which is required as part of Ordinance No. 32, Series 2003. The Applicant has submitted the required final plans and documents for recordation for the South Aspen Street Subdivision/PUD. The applicants are also preparing construction drawing plan sets so that they may submit for a building permit should the extension of the vested rights for this residential project not be granted. Staff does not believe that there are any outstanding conditions of approval that have to be met prior to applying for an extension of vested rights. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Sta, f Findin The applicants have submitted their final recordation documents for review and recordation as noted in (a) above. The Applicant has not applied for building permits for the approved residential development (however, building staff has been working with the applicant's architect so we, as staff, know these plans are now underway). The applicants have undoubtedly made sizable expenditures in pursuing the entitlements for the residential project. The Applicant has also made efforts to proceed with pursuing approval for The Lodge At Aspen Mountain which they see as a preferred development alternative. As such, the Applicant has diligently worked on gaining the approvals necessary to develop the site with a hotel rather than construct a solely residential development, however, the Applicants want to protect their rights that are already vested. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Stag Findin . Outside of the application processing costs incurred by the applicant with respect to City Land Use Application Fees and Referral Fees, there have been no benefits already received by the City as a result of project approval such as impact fees or land dedication. Impact fees are collected at the time of building permit issuance. Staff finds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Sta, f Finding Staff believes that the Ciry would be better served with ahotel/fractional project at this location rather than a purely residential development. It is in the City's best interest to add to its lodging bedroom base. If the extension were granted, the applicants have represented that they will pursue the hotel/fractional development. If the extension were denied, the applicants have indicated that they would construct the all-residential development by applying for building permits prior to the expiration of vested rights. There is the possibility that the applicant would not pursue permits and determine that another land use application was their best alternative. In evaluating the situation, Staff believes that the extension of vested rights would benefit the Ciry by encouraging the applicant to continue to pursue final application of the hotel development in the near future. Staff finds this criterion to be met. *'°"~, `~•.,.: RESOLUTION N0.2-~ (Series of 2007) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A ONE (1) YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003 AND EXTENDED BY RESOLUTION N0.36, SERIES OF 2006, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,COLORADO. Parcel No. 2735-131-13-001 (Parcel l) Parcel No. 2735-131-14-003 (Parcel 2) Parcel No. 2735-131-23-001 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a one (1) year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved asubdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006 and such vesting of rights was extended to July 28, 2007 through Resolution No. 36, Series of 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights on March 7, 2007, before the vested rights expired; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a one (1) year extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, 'has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1 The Aspen City Council does. hereby approve a one (1) year extension of vested rights as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivsion/PUD with the following conditions: 1. That the provisions, conditions and requirements of Ordinance No. 32, Series of 2003 are in full force and effect; and 2. That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees.. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 3. That this resolution allows for the extension of vested rights to July 28, 2008. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. ~„'"""" Section 4• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A duly noticed public hearing on this resolution was conducted by the Aspen City Council on the 23rd day of April, 2007, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a to L-~ vote on this 23rd day of April, 2007. Approved as to form: Approved as to content: John P. Worcester, City Attorney Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk VANN ASSOCIATES, LLC Planning Consultants March 5, 2007 HAND DELIVERED Ms. Joyce Allgaier Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Joyce: Please consider this letter an application to extend the vested rights for the South Aspen Subdivision/PUD, afree market residential/affordable housing project which has been approved for development on two parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.O10.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinaf- ter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commit- ment). Permission for Vann Associates, LLC, to represent the Applicant is attached as Exhibit 3. Aland use application form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). While the approval is currently vested until July 28, 2007, the project's final plat, PUD development plan, and subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by Julie Ann Woods at the Applicant's request until January 24, 2005. An additional one year extension, which was granted by Chris Bendon on December 13, 2004, extended the recordation deadline until January 24, 2006. Additional extensions were granted by Chris on November 19, 2005; March 7, 2006; and on July 26, 2006 which extended the deadline until March 25, 2006; July 28, 2006; and July 28, 2007, respectively. Copies of the various extensions are attached hereto as Exhibit 8. 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 Ms. Joyce Allgaier March 5, 2007 Page 2 All of the recordation deadline extensions were granted to accommodate the City's ongoing review of an alternative project for the property. As you know, the City Council is scheduled to commence its review of Aspen Land Fund's application for final PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property on March 12, 2007. While the Applicant's residential approval will be terminated following Council's approval of the hotel project, it is unclear how long the Council review process will take. Should the hotel project not be approved, or be approved in a manner which is infeasible to develop, the Applicant will have no choice but to proceed with the previously approved residential project. The Applicant cannot allow the residential project's vested rights to expire as the property's financing was made in reliance on the existing approvals. Absent approval of the requested extension, the Applicant will have no choice but to obtain a building permit and commence construction of the residential project in order to maintain the prior approval's vested rights status. The commencement of construction by July 28 of this year will also require the issuance of a demolition permit for the Mine Dump Apartments. As a prerequisite to demolition, the Apartments' asbestos must be mitigated which will require the removal of its tenants. To meet its construction schedule, the Applicant would have to give notice to the tenants by the end of this month. Pursuant to Section 26.308.O10.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. As discussed above, the recordation of these documents has been postponed several times to allow the City's review and consideration of the alternative hotel project. Both the Applicant and the City have consistently indicated that a hotel is the preferred development alternative for the property. The Applicant, however, is now preparing the required recordation documents, and expects to record them in sufficient time to permit the issuance of a building permit and the commencement of construction prior to the July 28, 2007 expiration of the project's vested rights. r ~~ '" Ms. Joyce Allgaier March 5, 2007 Page 3 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has not actively pursued the residential project to date as all efforts have been concentrated on the alternative hotel project. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. No impact fees have been paid to date by the Applicant with respect to the residential project. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. No community benefit would result by requiring the Applicant to obtain a building permit and commence construction of the residential project when the preferred alternative is a new mutually acceptable hotel. To the contrary, the Applicant's submission of a building permit application will unnecessarily burden the Community Development and Building Departments, and the commencement of asbestos removal at the Mine Dump Apartments will result in the premature removal of the Apartments' tenants. Both the City and the Applicant would best be served by the granting of an appropriate extension of the residential project's vested rights. An extension would permit the completion of the City's review of the Applicant's final PUD application for the hotel project without the distractions that will inevitably occur in connection with the recordation of the residential project's PUD documents, the displacement of the Mine Dump Apartments' tenants to accomplish asbestos mitigation and demolition, and the commencement of con- struction. A one year extension is requested. If approved, the new deadline for the expiration of the residential project's vested rights would be July 28, 2008. The extension should allow sufficient time to complete the review of the final PUD application for the proposed hotel project and to prepare and record the various documents memorial- izing its approval. Please note that the PUD agreement for the hotel project will vacate and abandon all prior approvals associated with the residential project, the recordation of which will occur prior to July 28, 2008 if a mutually acceptable hotel project is approved. Ms. Joyce Allgaier March 5, 2007 Page 4 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely scheduling of this application for consideration by the City Council would be sincerely appreciated. Yours truly, VANN ASSOCIATES, LLC ann, AICP SV: cwv Attachments cc: John Sarpa Arthur C. Daily, Esq. c:\oldc\bus\city.app\app45303.ja1 ~~ VANN ASSOCIATES, LLC Planning Consultants March 5, 2007 HAND DELIVERED Ms. Joyce Allgaier Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Joyce: Please consider this letter an application to extend the vested rights for the South Aspen Subdivision/PUD, afree market residential/affordable housing project which has been approved for development on two parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.O10.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinaf- ter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commit- ment). Permission for Vann Associates, LLC, to represent the Applicant is attached as Exhibit 3. Aland use application form, application fee agreement, and a list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). While the approval is currently vested until July 28, 2007, the project's final plat, PUD development plan, and subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by Julie Ann Woods at the Applicant's request until January 24, 2005. An additional one year extension, which was granted by Chris Bendon on December 13, 2004, extended the recordation deadline until January 24, 2006. Additional extensions were granted by Chris on November 19, 2005; March 7, 2006; and on July 26, 2006 which extended the deadline until March 25, 2006; July 28, 2006; and July 28, 2007, respectively. Copies of the various extensions are attached hereto as Exhibit 8. 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 Ms. Joyce Allgaier March 5, 2007 Page 2 All of the recordation deadline extensions were granted to accommodate the City's ongoing review of an alternative project for the property. As you know, the City Council is scheduled to commence its review of Aspen Land Fund's application for final PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property on March 12, 2007. While the Applicant's residential approval will be terminated following Council's approval of the hotel project, it is unclear how long the Council review process will take. Should the hotel project not be approved, or be approved in a manner which is infeasible to develop, the Applicant will have no choice but to proceed with the previously approved residential project. The Applicant cannot allow the residential project's vested rights to expire as the property's financing was made in reliance on the existing approvals. Absent approval of the requested extension, the Applicant will have no choice but to obtain a building permit and commence construction of the residential project in order to maintain the prior approval's vested rights status. The commencement of construction by July 28 of this year will also require the issuance of a demolition permit for the Mine Dump Apartments. As a prerequisite to demolition, the Apartments' asbestos must be mitigated which will require the removal of its tenants. To meet its construction schedule, the Applicant would have to give notice to the tenants by the end of this month. Pursuant to Section 26.308.O10.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. As discussed above, the recordation of these documents has been postponed several times to allow the City's review and consideration of the alternative hotel project. Both the Applicant and the City have consistently indicated that a hotel is the preferred development alternative for the property. The Applicant, however, is now preparing the required recordation documents, and expects to record them in sufficient time to permit the issuance of a building permit and the commencement of construction prior to the July 28, 2007 expiration of the project's vested rights. ~.. ~.~` Ms. Joyce Allgaier March 5, 2007 Page 3 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has not actively pursued the residential project to date as all efforts have been concentrated on the alternative hotel project. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. No impact fees have been paid to date by the Applicant with respect to the residential project. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. No community benefit would result by requiring the Applicant to obtain a building permit and commence construction of the residential project when the preferred alternative is a new mutually acceptable hotel. To the contrary, the Applicant's submission of a building permit application will unnecessarily burden the Community Development and Building Departments, and the commencement of asbestos removal at the Mine Dump Apartments will result in the premature removal of the Apartments' tenants. Both the City and the Applicant would best be served by the granting of an appropriate extension of the residential project's vested rights. An extension would permit the completion of the City's review of the Applicant's final PUD application for the hotel project without the distractions that will inevitably occur in connection with the recordation of the residential project's PUD documents, the displacement of the Mine Dump Apartments' tenants to accomplish asbestos mitigation and demolition, and the commencement of con- struction. A one year extension is requested. If approved, the new deadline for the expiration of the residential project's vested rights would be July 28, 2008. The extension should allow sufficient time to complete the review of the final PUD application for the proposed hotel project and to prepare and record the various documents memorial- izing its approval. Please note that the PUD agreement for the hotel project will vacate and abandon all prior approvals associated with the residential project, the recordation of which will occur prior to July 28, 2008 if a mutually acceptable hotel project is approved. Ms. Joyce Allgaier March 5, 2007 Page 4 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely scheduling of this application for consideration by the City Council would be sincerely appreciated. Yours truly, VANN AS5OCIATES, LLC ann, AICP SV:cwv Attachments cc: John Sarpa Arthur C. Daily, Esq. c:\oldc\bus\city.app\app45303.ja1 ~~,. ~°_ PLANNER: PROJECT: REPRESENTATIVE: TYPE OF APPLICATION: DESCRIl'TION: Land Use Code Section(s) CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY Joyce Allgaier, 429-2754 South Aspen Street PUD Vested Rights Extension Sunny Vann DATE: 3/5/07 Vested Rights Extension The Applicant would like to extend the vested rights that were granted to the South Aspen Street PUD in Ordinance No. 32, Series of 2003. The Applicant has indicated a desire to extend the vested rights by one year to provide additional time for application preparation and City review of the Lodge at Aspen Final PL1D that is proposed on the same site as the approved South Aspen Street PL?D. Section 26.304 Common Development Review Procedures Section 26.308.010(C) Extension or Reinstatement of Vested Rights Review by: Staff for complete application. Community Development Director for recommendation to City Council. City Council for final decision on the vested rights extensi~t. Public Hearing: Yes. Referral Agencies: None. Planning Fees: Deposit of $1,410 for 6 hours of staff time. Referral Agency Fees: None. Total Deposit: $1,410 (Additional hours are billed at a rate of $235.00 per hour). To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Pre-application Conference Summary. 6. An 8 1/2" x 11"vicinity map locating the subject parcels within the City of Aspen. 7. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 8. Approved Development Plans on which vested rights are to be extended. 9. Copies of prior approvals. 10. 10 Copies of Application (Items 2-] 0). Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in [he future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT a EXHIBIT D 2 I~u ~~~~~ ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3~FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-tjd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Issued By ~awy~s"~itle~rance ~rp°ratioti home l?ffice: 101 Gateway Centre Parkway, Gateway Otte Richmond, Virginia 23235-5153 1-800-446-7086 B 1004-268 ,rim COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM Case No. PCT15438PR2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposed Insured: Amount$ 0.00 Premium$ 0.00 Rate: (b) ALTA Loan Policy-Form 1992 Proposed Insured: (c) ALTA Loan Policy-Form 1992 Proposed Insured: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND II LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TPI'I_E, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerty right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75°09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75°09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of--way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75°09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75°09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of--way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of--way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of--way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2: That portion of the Northeast one-quarter of the Northeast one-quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75°09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75°09'11" E 150.00 feet; thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly corner of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75°09'11" E 31.25 feet to the point of beginning. AND Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly corner of said Lot 7; thence S 75°09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14°50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75°09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly corner of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55° E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75°09'11" E along the Northerly Tine of said Block 11, also being the Southerly right-of--way line of said Juan Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of--way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030; thence N 75°09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. C March 5, 2007 Ms. Joyce Allgaier Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Allgaier: EXHIBIT D I~~ .~ Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company c: \oldc\bus\city.ltr\1tr45303. jal r LAND USE APPLICATION APPLICANT: EXHIBIT 3 Name: ~ G~~~~.~r~ ~'~~ Location: ~~~ ~~'~ ~'~~~~/'y~~ (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # R.E UIRED) REPRESENTATIVE: ~, /'f Name: Y~~`f '~~ ~~ Address: /2~ ~ . ~~5'l~S , G~ ~~~/~ Phone #: `yZ$'G-~-s~ PROJECT: Name: ~~CJT/y/,~'S/~~ STtT'~~?' /~'~~/~'~ Address: 0 Phone #: ~J~ " ~ 33 ~ TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ©~ Other: n Lot Line Adjustment ^ Text/Map Amendment ~ /7'/~7~~ EXISTING CONDITIONS: (description of existi ious annrovals, etc !~'~ PROPOSAL: (description of modifications, etc. ~ FEES DUE: $ /~ .~ Have you attached the following. [Pre-Application Conference Summary [Attachment #1, Signed Fee Agreement N''~ ^ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT ~..r d 'rj CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Anreement for Payment of City of AsQen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~' T ~i~~~/ '~`l~~r, ~~t~~, C (hereinafter APPLICANT) AGREE AS FOLLOWS: I . Y~/-> ha~~ fitted t ~ an a plicatio fo~~-~Y (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a~e~e~mi~ation of applicati completeness, APPLICANT shall pay an initial deposit in the amount of 9f ¢ ~ which is for ~ hours of Community Development staff time, and if actual recor ed costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. 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, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director g:\su pport\forms\agrpayas.doc 11/30/04 APPLICAN By: Dat J ~ ~ Billing Address and Telephone Number: Required ,~~~/ Go ~/~// A319/~tf°®x-008°L uo!}ar~ p wo~•IBane nnrwu- ali!nal ~1 ~ ~ u~ 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 APRIL FAMILY TRUST 1/4 INT 3501 S 154TH ST WICHITA, KS 67232-9426 BARBEE MARY K LIV TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BLUE LLOYD JR 279 GRAYTON TRAIL GRAYTON BEACH, FL 32459 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CHU FAMILY TRUST 2/3 INT LU NANCY CHAD TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 ~uawa6~,~a ap suas 710 SOUTH ASPEN LLC 314 S GALENA ST STE 200 ASPEN, CO 81611 ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER 35 E 21ST ST NEW YORK, NY 10010 BENT FORK LLC C/O FESUS GEORGE PO BOX 9197 ASPEN, CO 81612 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BOURGAULT MARY JANE 555 E DURANT AVE #4J ASPEN, CO 81611 BRITTON CART PO BOX 12131 ASPEN, CO 81612 CABELL JOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 GASPER MARY LYNN 124 E DURANT #4 ASPEN, CO 81611 CHIATE PROPERTIES LLC 20628 ROCKCROFT DR MALIBU, CA 90265-5342 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 ®09L5 ALYEMENI MOH 3109 OAKMONT STATESVILLE, NC 28625 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, Wi 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 ~-, CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 T Taan;eat laad ~(se3 ao~ ~~ waded paaJT ®095 31V1dW31®tiand ash ®0965pAjJ~d~ ~ i iaauc uoiunalsul was s ~ ! ~yy~I slage~ laad ~(se3 A~i3/#~°®~°00s3°L u®I~ru~s u~or~Uane nnrwu- apma; el z oD CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FALL CREEK CONSTRUCTION LLC 809 S ASPEN ST ASPEN, CO 81611 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN, CT 06840 GLICKMAN EDWIN C 2322 LAZY O RD SNOW MASS, CO 81654 ~uawa6aap suas ®09L5 ®A213AH ~uege6 al zaslll;~ ,,,, salad a same} sa~anbl;3 CZAJKOWSKI MICHAEL DAVIS CAROL L CZAJKOWSKI SANDRA J 7838 HILLMONT ST 90 LA SALLE ST APT 16G HOUSTON, TX 77040-6108 NEW YORK, NY 10027 DONCER JOYCE TRUST DUNN STEVEN G 7641 W 123RD PL 107 JUAN ST PALOS HEIGHTS, IL 60463 ASPEN, CO 81611 ELDER TRUST ELLIS JAMES BYRON ELDER JERRY TRUSTEE 17 1/2 FLEET ST PO BOX 308 MARINA DEL REY, CA 90292 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M ~ JUDITH G EVANS DAVID COURTNEY 29100 NORTHWESTERN HWY STE 200 PO BOX 952 SOUTHFIELD, MI 48034 ASPEN, CO 81612 FARING CAROL FARR BRUCE K 8~ GAIL H PO BOX 10421 PO BOX 5142 ASPEN, CO 81612 ASPEN, CO 81612 FELDMAN SELMA FLETCHER KAREN K & JAY R 300 S POINTE DR APT 2403 PO BOX 3476 MIAMI BEACH, FL 33139-7329 ASPEN, CO 81612 FRIEDKIN THOMAS H GARMISCH LLC PO BOX 4718 C/O MIE PROPERTIES HOUSTON, TX 77210-4718 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GILLESPIE JOHN E REVOCABLE TRUST GINSBURG-ANNE C i~ ROBERT B 775 GULFSHORE DR #4219 7933 YORKSHIRE CT DESTIN, FL 32541 ; -COCA RATON, FL 33496-1323 GOLDSMITH ADAM D PO BOX 9069 ASPEN, CO 81612 GRANT BROTHERS LLP 436 COFFMAN STE 200 PO BOX 908 LONGMONT, CO 80502-0908 GREINER JERRY M GROOS NICHOLAS D HANG TEN ADVENTURE GREINER TERESA U 210 N INDUSTRIAL PARK RD 809 S ASPEN ST #2 330 BICKLEY RD HASTINGS, MI 49058 ASPEN, CO 81611 GLENSIDE, PA 19038 T T ~ ®0915 31111dW31®iGand asB aded paad , ~..... ..,~ . cue-. A21~Ab~-O9T008-L uo!1a~a p luawa6~-~ ap sua5 ®09b5 ®Jl~3Ad ~11pgp6 a! zas!I!3f1 wow bane nnnnnn apma} e! o, ~ aa!ad ~ sa~pe} sa~anbg3 HARVEY JEFFREY & NANCY 711 S DEARBORN ST - #507 CHICAGO, IL 60605 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 HILL EUGENE D III & JOAN L TRUST 3 AVALON AVE P O BOX 129 PRIDES CROSSING, MA 01965 HOTELDURANT 122 E DURANT ASPEN, CO 81611 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 JAMES FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 JUAN STREET HOA 119 JUAN ST ASPEN, CO 81611 KAUFMAN STEVEN 0554 ESCALANTE CARBONDALE, CO 81623 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LCH LLC C/O TOM DIVENERE 124 ANNAPOLIS LN PONTE VEDRA, FL 32082 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENDERSON BROTHERS LLC PO BOX 407 TROY, AL 36081 NINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 IAVARONE GIANFRANCO & RITA 341 ORIENTA AVE MAMORONECK, NY 10543 IMREM SUE CORDON TRUSTEE 219 E LAKE SHORE DR #5D CHICAGO, IL 60611 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LEONARD-PECK SHEILA KATHRYN RR 1 PO BOX 375-P VINEYARD HAVEN, MA 02568 HEIM WILLIAM D 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 NORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 KAHN LIBA PO BOX 11137 ASPEN, CO 81612-9627 J&E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JOHNSTON MARGARET S 9.87% 30 DEXTER ST DENVER, CO 80220 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KLINDWORTH J TODD & HEATHER PO BOX 25318 ST CROIX, V100824 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH, IL 60043-1145 T TaanleaJ laad ~(se~ ao; -. waded paa~T ®0915 31b1dW31®tiany asn ®09LSpA~~d~ ~ i iaauc uoivnnsui aac ~ ! ~!7 slage3 laad ~(se3 wor~4ane•nnnnnn apma~ el zoo LEVY HYMAN & GAIL PO BOX 1365 BOCA RATON, FL 33429-1365 LIFT ONE LLC 72.40% 24 LINDENWOOD LN LITTLETON, CO 80127 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE, IL 60091 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MONIGLE ETHEL M 803 S GARFIELD ST DENVER, CO 80209 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS, NV 89109 NOREN LARA L & STEPHEN C 10927 BRIGANTINE DR INDIANAPOLIS, IN 46256-9544 OLSON PAUL S & DIANE C PO BOX 128 BRECKENRIDGE, CO 80424 PASCO PROP LLC SMITH PATRICK A PO BOX 850 ASPEN, CO 81612 ;uauaafi ap sua5 ®09L5 ~Jl?l3AV;uege6 al zaslll;fl salad a salve; sa~lanb~3 LIBMAN KENNETH J LIFT ONE CONDOMINIUM ASSOC 800 S MONARCH ST #4 131 E DURANT AVE ASPEN, CO 81611 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACGREGOR ROBERT DUNCAN 1315 SAGE CT ASPEN, CO 81611 MCCALL CAROLYN E 100 E DEAN ST #1 E ASPEN, CO 81611 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA YANIRA R FUNES 11 TRAINORS LANDING ASPEN, CO 81611 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 ~- i ~ MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NORTH LAUDERDALE PETROLEUM LLC 6318 NW 23RD ST BOCA RATON, FL 33434 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 PIECE OF THE PIE LLC PO BOX 2492 ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 NORTHCUTT BARRY 8~ JENNIFER 1905 MISSION HILLS CIR EDMOND, OK 73003 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 T ___ _ _ _ __ __ _n ~ Tarn;ead laad ~(se3 ao~ ®~ waded paadT ~ ®09t5 31tl1dW31 ~Gand ash ~dAV°OD°008-6 uoti9r-ais wow tiane•nnnnnn a!!!na} e! za o, PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 iuawa6aeap suas ®0965 ®Ab3AH i!~pge6 a! zas!!!ifl as{ad a sa{ps} sa~anb{~3 ~,.~. PLEAS ALEXA RINGSBY GRAY 279 GRAYTON TRAIL PO BOX 1292 GRAYTON BEACH, FL 32459 HAIKU, Hi 96708 ROARING FORK MTN LODGE ASPEN LLC ROARING FORK PROPERTIES TWO CREEKS BLDG C/O HOWARD A WILL JR 0021 BURNT MTN CIR 5055 26TH AVE SNOW MASS VILLAGE, CO 81615 ROCKFORD, IL 61109 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 1/2 INT 419 WINNEBAGO DR JANESVILLE, WI 53545 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHERER ROBERT P III 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 T ~o965pA21~dn ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHAPIRO MARC 8~ PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SM-15 SEELBACH W ILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 Taanieaj laad ~(se~ ,~o} f~i~! iaauc uon~nnsui aa~ i ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA, GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SALITERMAN LARRY & NANCY 603 S GRAMISH ASPEN, CO 81611 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEMRAU TIMOTHY 8~ HEIDI ROBBIN i~ 58 TRAINORS LANDING RD ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 waded paadT ~ ®09L5 31~d1dW31 ~Gany asB ,~ s!agc~ laad sea A~9n~°C3~-001~°6 u®~na;s luawa6aeap sua5 ®0915 pAa~Ad;!~ege6 al zas!Il;fl wow wane nnnnnn all!na} e! zaa9 ." +~ aa!ad a sane} sa~lanb~ SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 81611-3813 STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #B-100 WILMINGTON, DE 19807 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOCINC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000E 12TH AVE BOX 8 DENVER, CO 80206 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 ~0965~A~j~d~ SOUTH POINT CONDO LLC SOUTH POINT CONDOMINIUM 150 N MARKET ASSOCIATION 205 E DURANT AVE #2F WICHITA, KS 67202 ASPEN, CO 81611 SPAULDING RICHARD W STANTON JAMES THOMPSON ELEANOR M C/O WORLD-WIDE HOLDINGS CORP PO BOX 278 150E 58TH ST CONCORD, MA 01742-0278 NEW YORK, NY 10155 STEINER DONALD R STEWART SCOTT BULKHEAD GRAND 4710 PLAINFIELD CT 3338 PEACHTREE RD #3307 MIDDLETON, WI 53562 ATLANTA, GA 30326 STUART FAMILY TRUST 1/4 INT SZYMANSKI WILLIAM R & LYNNE E 1 CASTLEWOOD CT 2220 E SILVER PALM RD NASHVILLE, TN 37215-4617 BOLA RATON, FL 33432 TAYLOR HARVEY C TELEMARK APARTMENT 2 LLC W 301 N 9430 HWY E 2422 UNION ST HARTLAND, WI 53029 SAN FRANCISCO, CA 94123 THREE REEDS LLC TOLLEFSON JON S & JOANN M 2224 VIA SEVILLE RD NW 38 TRAINORS LANDING ALBUQUERQUE, NM 87104-3096 ASPEN, CO 81611 TRAINORS LANDING CONDO ASSOC TUCKER TIMOTHY H & PATRICIA A COMMON AREA EXEMPT 809 S ASPEN ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS VANDER WALL DEAN ROBERT 8~ RLLP BEVERLY) 210 AABC STE AA PO BOX 189 ASPEN, CO 81611 LONE PINE, CA 93545 WALDRON GAILYN L TRUSTEE WHITE JALEH PO BOX 7964 THICKMAN DAVID ASPEN, CO 81612 152 E DURANT AVE ASPEN, CO 81611-1737 WOODING MERRITT B WOODSON TATJANA D PO BOX 339 PO BOX 125 HOPE, NJ 07844 TETON VILLAGE, WY 83025 T as ~(se ao wade as T ®0965 31d1dW31®itaand ash aan;eat I d 3 3 d p ~ ~ Cn'~ ~ iaauc uoiUna;sul aaS ~ ~ ~J s!age~ laad /(se3 ~a~nm-o~ooa-~ u®!~ru~s worlGanennnnnn apma} e! zuo~ ~uawa6a~ ap sua5 ®0915 ®Aa3At/ ~!~ege6 a! zastp;n aa!ad a sane} sa}~.anb~~ ,.:,.~ WOW LIFT ONE LLC WRIGHT LISA WUGALTER JOEL C/O WARSTLER ROBERT T PO BOX 3770 3200 N OCEAN BLVD #909 10 WINDJAMMER LN ASPEN, CO 81612 FT LAUDERDALE, FL 33308 MT ARLINGTON, NJ 07856 T Taan;ead laad ~(se3 ao} ~ jaded paa3T ®0915 31`d1dW31®IGand ash ®0915®A=J~d~ ~ ! laaut uo~i~n~isut aas ~ . ~ s!age-I laad ~Cse3 ORDINANCE N0.32 (SERIES OF 2003) EXHIBIT d a AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH IV[ANAGEMENT QUOTA SYSTEM (GMQS) EYEMPTION5 FOR AFFORDA[il,C; IIOUS[NG AND RECONSTRUC'T'ION OF A UENlOl,15[lED M[11,'1'1-I+':1MII,Y [3UII,DINr, RELONINC;'I'U L,/'I'R Wl'1'll A i'UD OVIKLAY, ~1NU A SI'L:CIAi. RI+~VII+~W 'l'U LS'1'A131.IS11'1'lll+~ AI++I~ORDA131.1+~ IIOU5ING PARkING REQUIRI:NIFJN'I'S FOIt'1'1IE 1'RUPI+~if1'Y'l'O KI+~ DL5CR113Ell A5 PARCELS I, 2, AND 3, O1~ 'l'lIL SOU'l'II ASHEN 5'l'REET 5UI3D[VISION/PUD, CITY AND 1'OWNSITE OF ASPEN, PITIt[N COUNTY, COLORADO. Parcel No. 2735-131-13-001 (Parcel 1) Parcel No. 2735-131-14-003 (Farce[ 2) Parcel No. 2735-131-23-001 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, owner, represented by Vann Associates, LLC, requesting approval of a Final Planned Unit- Development Plan including requests for Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable Housing and reconstruction of a demolished multi-family building, Rezoning to IJTR, and Special Review to establish the off-street parking requirements for the property described as, - Parcel l : Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel 2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, Pazce13: Lots 13-20, Block 11, Eames Addition to the City and Townsite of ~°~pan; and, WHEREAS, the development property consists of three- (3) parcels zoned LrIR and R-15 with a Lodge and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly noticed public hearing after talflng and considering comments. from the general public, and recommendations from the Planning .and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and recommended approval with conditions; and, ~I'iI~N~~161~NII~~I.tlIIIANpuIN~ll~l~ ~%',:aap;'.,m C WHEREAS, during a duly noticed public hearing on June 3, 2003, the Planning and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal. under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Cc~mmunily Development [director, I:hc Aspen/Pitkin C~~unty Ilonsinb Authority, the ;ipplic:ahlc rcl'urral ;igcncicti`, and h~iti taken and ccrosidcrcd public cnnuni:nl at a puhlis hcsu-ing; <uul, WIIEItLA5, thu City Ccninc;il lads lhal the development proposal rnucts ~x exceeds all applic;tblc development Standards and that the approval. of the development proposal, with .conditions, is consistent with the goals and elements o.C the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Parcel 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to L/TR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi-family building to be demolished (Mine Dump Apartments), and for Special Review to establish the off- street parking requirements for the development of fourteen (14) free market town homes and seventeen (17) affordable housing units subject to the following conditions: A Subdivision/PUD Agreement shall be recorded at the Pitkin county Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C}. 4864 ~ ~I I I Page: 2 of 10 1 ti 0Si04/2003 1;:49A SILVIP. DRVIS PITKIN 1~9UWTY GO R 51 .00 ~ 9.00 C ~ 2. A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the fmal approval granted by City Council and shall include: a. A 6na1 plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvcmcnls, ~u~d fhe locati~m ~~f r.ililil.y pedestals. h. An iilustrativc 5il.u plan ~~I'lhc prc~jccl tihuwing Lha propcrscd improvcmcnls, landscapist; (iiicluclint; all plantinbs, Species, numbers, and lacalions), parking, and the dimensional requirements as approved. c. A drawin re resenting the project's architectural character. d. revised drainage plan and re rt, including an erosion control plan, shall be r - a Colorado licensed Civil Engineer, in w c wells will only be allowed to handle runoff fram foundation drains, parking garage ramps, and roof drains. All other runoff shall be directed towards. the City's storm water system. e. revised infrastructure planindicating that all road 'mprovements shall b ned. The plan shall also indicate that there s a e no super-elevated curves permitted. Juan Street and South Garmisch Street (to the extent of Parcel 1's street frontage) shall be widened to 27 feet as measured from the outer edges of the curbs. The minimum slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: Dimensional Re uirement ' Proposed Development Minimum Lot Size 6,000 sf. Lot Area Per Dwelling Unit 1,100 sf. per bedroom (81 bedrooms on 89,127 sf. of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback 10 ft. per parcel Side Yard Setback 5 ft. per parcel Rear Yard Setback 10 ft. per parcel Maximum Height 28 feet except where deed restricted Percent of Open Space 27% (cumulative over all 3 parcels) ~8f~~0 i Page: 3 of :@ 03i@A/~003 ii:R@A c-~ ~iTn T\M.TL nTTV T~1 nn111.~TV I'A ~ GI MIA A IA IAA. Allowable External .83:1 (73,381 sf. cumulative. over all three FAR parcels) Al-1 Off-Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unit)(cumulative over all three arcels) ~rcc Market Off-Street 28 Parking Spaces (? spaces Fvr etch dwellinb Parkinb unit of 2 ur nwrc: hedronnts, and 15p~tce (i~r each erne hulroctm autl Slucli~~ unit)(cumulalivc nvcr all lhrcc; ~arccls) 4. 'fhc building pcnnit application shall include the following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off- site replacement or mitigation of any removed trees. e. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. ?. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and are understood. h. All tap fees, impacts fees, and building permit fees shall be paid prior to building permit issuance. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. i. A State of Colorado Stcnn Water Management (Erosion Control) Permit because the land area of the development is over an acre. j. A PM-10 mitigation plan for review and approval by the Environmental Health Department or a cash-in-lieu payment in the amount to be calculated by the City Environmental Health I ~ 48fi4~37 ~ I ~ ~ ?age: 4 of 10 i ~ - ~ ~~ ~ ~ It 08; 04/2003 1 i ~9A SiL'JIR ~gViS ?iTKIN .OilNT'! CO R 51 .00_ u 0.00 Director that is to be used entirely to implement PM-10 reduction methods. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. (,. "The Applicant shall agrcc Ilrat there will be no construction material or dumpslcrs slc~rul on the public ribhts-~~I'-way artless ~i Lwnporary cncroachrncul liccnsu is brantcd by the City I?nginccr. hi addition, the Applic~url shall submit a lull set ol'cunsLrucliorr manat;cmcnl plans as part ol'the building permit application, and the manabcmcnl plans shall include a noise, dust control, and construction trallic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction parking mitigation, except far essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. 7. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,} the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. 8. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Garmisch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street_ .The point of beginning for the main replacement on South Garmisch Street shall be the existing valve complex (serving the Barbee PUD) north of the intersection of Dean and Garmisch. ~'~~IMIlIWI~A'II ~IRIm ~~INII~I~I~.IMN :964301 % This is approximately 80 feet further north of the point of beginning shown on the schematic utility plan dated June 21, 2002. 11. The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps. I2. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and rebulations. If new sewer lines are reyi.iired, then the exislinb survicc must he excavated and disconnected ut tl~e main sewer line. No clear water coruicctions (root; ('o~mdalion, perimeter drains) shall he allowed Lo drain to ACSU lines. All improvements below grade shall rcyuire the use of a pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standards. In addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. 13. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportiozlate costs associated with the development for the replacement. of the main sanitary sewer lines located in S. Aspen Street, Dean Street, and near the Post Office. 15. The Applicant shall enter into a main line extension and collection system agreement with the Aspen Consolidated Sanitation Distrct prior to applying for building permits for the development. 16. In the event That snowmelt is installed, the Glycol containment areas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development. 17. The Applicant shall at their sole expense replace the existing substandard sewer line located in the alley of Block 61 between S. Garmisch and First Street in First Street. 8. The Applicant shall extend the existing storm water sewers south on both S. Aspen Street and S. Garmisch Street as far as Dean Avenue. Additionally, the Applicant shall extend the existing storm sewers to the Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue;' S. Garmisch Street intersection. As required by the City Engineering Department, catch basins shall be installed at these intersections. 19. All landscaping in the public right-of--way si'~all meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of--Way. Any landscaping in the public right-of--way shall be approved by the City Parks Department prior to installation. The ill0l~II~F~~~~~~I~~~~PP~~RI~II7~ oesna~ p ~"'"~ ., Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of--way. All plantings along the edge of the subject properties or within the publicright-of--way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by the City or the developer. ?O. All exterior libhtinb shall meet the City of Aspen Li6hting Cade reyuircment5 sct Ibrth in Land U5c C~.x1c Scctinn 2(i.575.1.5(l, as may he amcndcd from limo to time. 2 I . The Applicant shall pay a proportional amount of the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Parcel 3 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free market units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Parcel 2 have ~eceived Certificates of Occupancy. The free market units on Parcel 1 shall also not be issued Certificates of Occupancy until the affordable housing units on Parcel 1 have received Certificates of Occupancy. 23. The Applicant shall convey an undivided fractional interest (one-tenth of one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purpose of complying with the Colorado Supreme Court Decision regarding rent control legislation. The deed of conveyance shall contain such terms and conditions that are mutually acceptable to the City and the Applicant. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24: The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category 1 Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category 1 Units 7-3 Bedroom Category 2 Units 4-3 Bedroom Category 3 Units ~~dIInN~~111N~~~I~~~IIINtiI~~IIhNN 6B6°°~a. ~m 26. The deed restrictions on the affordable housing units on a given parcel shall be filed in conjunction with an application to condominiumize the free market units but prior to issuance of a Certificate of Occupancy on any of the units on said parcel-. The deed restrictions shall meet the following: a. The deed restrictions on the aFfordable housing -.tnits shall be defined by the rental price terms in the Aspen/Pitkin County Affordable l to--sinb Guidelines in arr~~t .-t the: lime ul• hinal Nl1D approval. 27. The Applicant shall record a housing replacement agreement which sets Forth the terms and conditions by which the replacement housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants of the Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted first priority through an internal lottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement marking on Juan Street that prohibits on-street parking. 30. The Applicant or their successors or assigns shall maintain the common driveway between Parcels 2 and 3. 31. The Applicant shall install an adequate fire alarm system throughout .the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Marshal prior to building permit issuance to review alarms and sprinkler system plans. 32. Soil nails shall not be allowed within or under the public right-of--way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of--way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehicular •traffic on South Aspen Street, causing a revocation of the road's 1 S-year pavement warranty that results from accelerated road deterioration. The Applicant shall be proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 1 ~- yearpavement warranty. i I ' ~ ' I ~ ~ I ~ ~ ~ Pa~g ~ 8~ f ,43 I ~ ~ ::~ w .~. , ,-,~ ~.rn ~~nliT[ DtTYTRI r/111GIT~ r7 R~.1 ~A D x.00 C 35. The Applicant shall provide a hyenty-five (25) foot wide improved public access way with drive-on, slanted-face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City Engineering Department recommends that the Applicants obtain Flood insurance For the proposed units iFavailable. 37. 'Che Applicant shall install tree savint; construction Fences ~iroun~l the drip line ofany trees to he saved. a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage ol~construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. :~ native vegetation protection fence shall be installed on the western property boundary of Parcels 1 and 2 between Parcels 1 and 2 and the Bazbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Parks Department Representative prior to construction. There shall be no storage of constructioL materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native area beyond this protective fence. 39. The Applicant or their successors or assigns shall maintain the Open Space on the site including the Park proposed on Parcel 1. 40. Pet waste stations shall be installed in the Pazk. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as Herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5- A public hearing on the ordinance shall be held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ~~ ~ '~ 4864Ci l ~~ y ~ 1 ~Il ~ page : 9 of 10 1 f ' i' !!!! Ilr ~ ~ II~ ~ s i ~8i g4!'~003 e:.. 4_n I I II I~ C 8.2 l ~ , i - ..._.. ,.,. ~ -~ _ . 09 INTRODUCED, READ AND ORDERED PUBLISHED as provided bylaw, by the City Council of the City of Aspen on the 23rd day of June, 2003. ~~ lie en Kau I c e i ayor Attest: ~! Kathryn S. [~ h, City Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Helen eru ayor Attest: ~.~~ ~ ~ ~- ~~~~ ~ ~ Kathryn S. h, City Clerk Approved as to form: John P. Wor ester, City Attorney ~ 48540f I~ I 0590420000110?9A SILVIR DRVIS PITKIN COUNTY GO R 51.00 +`.• _. NOTICE OF DECISION TO: Aspen Land Fund II, LLC C/o Vann Associates EXHIBIT D FR011'I: Julie Ann Woods, City of Aspen Community Development Director James Lindt, Planner ~~~ RE: Extension for Recordation of PUD Documents Request- South Aspen Street PUD DATE: October 23, 2003 SUZVIlVIARY Aspen Land Fund II, LLC requests a one year (365-day) extension in order to record the necessary PUD Plans and PUD /Subdivision Agreements with the Pitkin County Clerk and Recorder's office for the South Aspen Street PUD project. BACKGROUND The South Aspen Street PUD received final PUD approval from the Aspen City Council on July 28, 2003, which is memorialized in Ordinance No. 32, Series of 2003 (attached as Exhibit "A"}. The Applicant has yet to record their PUD agreement or plat and their deadline to do so expires on January 24, 2004. Therefore, the Applicant has requested an extension of one year from the date of which the recordation period would expire without an extension. According to Section 26.44~.070(A) of the Land Use Code, the Community Development Director has the authority to extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing for such an extension. STAFF FINDINGS _ e eves at e request to eaten e recor atron ea e is wi the vesting period, which ends on July 28, 2006 (three (3) years after final approval). Staff also feels that allowing for the requested extension is within the best interest of the community in that it will allow for the Applicant to complete the review of their hoteUtimeshare request that has already been submitted. Staff feels that it is in the community's best interest to allow for the Applicant to fuush the review of the hoteUtimeshare project that they submitted in that it could possibly fiuther the Aspen Area Community Plan goals relating to preserving the short-term lodging inventory in Aspen. Therefore, staff finds that the request has been submitted within the vesting timeline and that there is a community interest for providing an extension. COl~IMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby extend the recordation deadline for the South Aspen Street PUD project for one year (365 days) to expire on January 24, 2005 finding that the request has been made C - within the vesting timeline and there is a community interest for providing such an extension. r ~. .? %./ `\ Julie Arm Woods, Communty Development Director ~~ ATTACffiVIENTS: Exhibit A -Ordinance No. 32, Series of 2003 Exhibit B -Letter of Request t ~. v -> Date ~. -- r ;~ s ~.~ er ; 2 ~ z~o3 ~~~ ~~ MEMORANDUM TO: Chris Bendon, City of Aspen Community Development Director FROM: .Chris Lee, Planner lJ~-~ RE: Extension for Recordation of PUD Documents Request- South Aspen .Street PUD DATE: December 13, 2004 Stii1VIlVIARY Aspen Land Fund II, LLC requests a one year (3.65-day) recordation extension for the South Aspen Street PUD project in order to record the necessary PUD Plans and PUD / Subdivision Agreements with the Pitkin County Clerk and Recorder's office. BACKGROUND The South Aspen Street PUD received final PUD approval from the Aspen City Council on July 28, 2003, which is memorialized in Ordinance No. 32, Series of 2003. The Applicant was not ready to record its PUD agreement or plat by the time the original deadline was to expire on January 24, 2004. Consequently, the Applicant requested, and was granted, an extension of one year from the date of which the recordation period would expire. That insubstantial amendment was granted by Julie Ann Woods to extend the deadline to January 24, 2005 in accordance with Section 26.445.070(A) of the Land Use Code, which states that the Community Development Director has the authority to extend the recordation deadline if the request is within the vesting timeline and if there is a community interest. for providing such an extension. Given that the deadline of that extension is quickly approaching, the Applicant has approached the Community Development Department once again to apply for another extension. The Applicant seeks a further extension because it is in the process of submitting a revised conceptual PUD application that would be the preferred development option for the Applicant. The review process for that revised conceptual PUD could not possibly be completed before the current deadline expires and therefore requests that it be extended once. again for one year (365 days) until January 24, 2006. STAFF FINDINGS ;~ls Eh~ ~ request tt- Mend fhe recordation deadline is within the vesting .ri+e ,,`',$< :. -fir ~S' ~~ ( ~``~ r ~~ Staff feels that allowing for the requested extension is within the best interest of the community in that it will allow the Applicant time fo complete the review process of a revised conceptual PUD application. Staff feels that it is in the community's best interest to allow for the Applicant to finish preparing the revised conceptual PUD and pass through review of the hoteUtourist accommodation project that they will propose in that it could possibly further the Aspen Area Community Plan goals relating to preserving the short-term * ,~ - ~+` - ~~~ _ lodging inventory in Aspen. Therefore, staff finds that the request has been submitted within the vesting timeline and that there is a community interest for providing an extension. COMMUNITY DEVELOPMENT DIRECTOR APPROVAL I hereby extend the recordation deadline for the South Aspen Street PUD project for one year (365 days) to expire on January 24, 2006 finding that the request has been made within the vesting timeline .and there is a community interest for providing such an extens' on. ~2. ~• Chris Bendori, Community Development Director Date APPRp~D ATTACHMENTS: Exhibit A - Ordinance No. 32, Series of 2003 Exhibit B -Notice of Decision for fast Extension SEC ~ 3 2004 Exhibit C - Letter. of Request ~'OEVaOP~~tt;Tlih Ct1Y0FJ-SpaJ VANN ASSOCIATES, LLC Planning Consultants November 17, 2005 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 51611 Re: South Aspen Street Subdivision/PUD, Request for Extension of Recordation Deadline Dear Chris: Please consider this letter a formal request to extend the recordation deadline for the final subdivision/PUD documents for the South Aspen Street Subdivision/PUD, afree market residential/affordable housing project. The request is submitted pursuant to Sections 26.480.080.E. and 26.445.070.A. of the City's Land Use Regulations by Aspen Land Fund II, LLC, the owner of the South Aspen Street properly. These two sections permit the Community Development Director to extend the recordation deadline if the request is within the vesting timeline and there is a community interest for approving the extension. The final subdivision/PUD documents for the South Aspen Street Subdivision/PUD were to have been recorded within one hundred and eighty (180) days of the receipt of final City Council approval. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003. Consequently, the project's final plat, i'UD development plan, and -subdivision/PL'B agreement Were to have been recorded no later than January 24, 2004. This deadline, however, was extended by Julie Ann Woods at the applicant's request until January 24, 2005 (see attached Notice of Decision). An additional one year extension, which was granted by you on December 12, 2004, extended the recordation deadline until January 24, 2006 (see attached memorandum). As you know, Aspen Land Fund's application for conceptual PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property is presently under review by the City Council. Further revisions to the project to address various Council concerns are currently being studied by the applicant and will 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 C Mr. Chris Bendon November 17, 2005 Page 2 be presented at the Council's November 28 meeting. Should the Council fail to grant conceptual approval, it will be necessary for Aspen. Land Fund to finalize, and the City to review and record, the PUD documents for the residential project. While we expect to submit the documents to the City in as timely a manner as possible, the coming holiday season and the availability of our consultants will make it difficult to meet the January 24 deadline. Accordingly, Aspen Land Fund respectfully requests that the deadline be extended for an additional sixty (60) days. The revised recordation deadline, therefore, would be March 25, 2006.!. 8~ .:,:~~~~"`:.,J1tf~t .2~, .,. no .apparent community benefit would appear to result by requiring that the docum° nts be recorded by January 24. In the event the City Council approves the conceptual PUD application, we will apply for a further extension of the recordation deadline so as to allow sufficient time to prepare, review and approve the final PUD application for the hotel project.. An extension of the existing vested rights period will also most likely be required. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN ASSOCIA' ann, AICP SV : cwv Attachments cc: John Sarpa, Aspen Land Fund II, LLC Arthur C. Daily, Esq. ~~~ ~:; I V~{. ~O G~'~ APPROVED t~^'' ' S 2005 F.v7F ~_ a GpMRnUn~ i 1 ~_ --=JPiJENTBYitt+ItM qTt ~ ~SPF.N c:\o]dc\bus\city.lu\1tt4S303.cb3 C VANN ASSOCIATES, LLC Planning Consu-tants March 6, 2006 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD, Request for Extension of Recordation Deadline and Vested Rights Dear Chris: Please consider this letter a request to extend the recordation deadline for the final subdivision/PUD documents for the South Aspen Street Subdivision/PUD, afree market residential/affordable housing project, and to extend its vested rights. The request is submitted pursuant to Sections 26.480.080.E., 26.445.070.A and 26.308.- OlO.C. of the Aspen Land Use Regulations by Aspen Land Fund II, LLC, the owner of the property. The first two sections permit the Community Development Director to extend the recordation deadline if the request is within the vesting timeline and there is a community interest for approving the extension. The remaining code section permits the City Council to extend the expiration date of a prior land use approval's vested rights. A public hearing, however, is required to extend a project's vested rights.. The final subdivision/PUD documents for the South Aspen Street Subdivision/PUD were to have been recorded within one hundred and eighty (180) days of the receipt of final City Council approval. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003. While the approval is vested until July 28, 2006, the project's final plat, PUD development plan, and subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by your predecessor, Julie Ann Woods, at the applicant's request. until January 24, 2005. An additional one year extension, which was granted by you on December 12, 2004, extended the recordation deadline until January 24, 2006. A third extension was granted by you on November 19, 2005, .which extended the deadline until March 25, 2006. Copies of the various extensions are attached hereto for your reference. 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 ~ ~ Mr. Chris Bendon, Director March 6, 2006 Page 2 All of the recordation deadline extensions were granted to accommodate the City's ongoing review of an alternative project for the property. As you know, Aspen Land Fund's application for conceptual PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property was approved by the City Council on November 28, 2005. Aspen Land Fund is present working on the hotel project's final PUD application which we expect to submit to the City in late spring or early summer. As the final application will undoubtedly require considerable time to review and approve, no community benefit would appear to result by requiring that the residential project's documents be recorded by March 25, 2006. Similarly, no benefit would appear to result by requiring Aspen Land Fund to apply for and receive a building permit for the residential project while the preferred hotel project is still under review. Absent an extension of the residential project's vested rights, however, Aspen Land Fund will have no choice but to submit a building permit application in order to maintain the prior approval's vested rights status. Accordingly, Aspen Land Fund respectfully requests that both the recordation deadline and vested rights for the residential project be extended until July 28, 2006. The requested one year. extension should be sufficient to complete the review of the final PUD application for the hotel project and to record its associated documents. To comply with the City's regulatory requirements, the hotel project's PUD agreement will vacate the residential project's prior approvals. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, LLC ~'p~,- ~I~ ~ ~ J~ ~~~. cc: John Sarpa, Aspen Land Fund II, LLC Arthur C. Daily, Esq. c: \o]dc\bus\ciry.ltr\Itr45303. cb2 APPROVED MAR 0 'r' 2006 COMhAUNiTY DEVELOi'f~t~~ i u~s~, i ~r, CITY OFASPEN Attachments VANN ASSOC{AYES, LLC Planning Consultants July 24, 2006 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD, Request for Extension of Recordation Deadline Dear Chris: Please consider this letter a request to extend the recordation deadline for the final subdivision/PUD documents for the South Aspen Street Subdivision/PUD, afree market residentiaUaffordable housing project. The request is submitted pursuant to Sections 26.480.080.E. and 26.445.070.A of the Aspen Land Use Regulations by Aspen Land Fund lI, LLC, the owner of the property. These two sections permit the Community Development Director to extend the recordation deadline if the request is within the vesting timeline and there is a community interest for approving the extension. The final subdivision/PUD documents for the South Aspen Street Subdivision/PUD were to have been recorded within one hundred and eighty (180) days of the receipt of final City Council approval. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003. While the approval is vested until July 28, 2006, the project's fmal plat, PUD development plan, and subdivision/PUD agreement were to have been recorded no later than January 24, 2004. This deadline, however, was extended by your predecessor, Julie Ann Woods, at the applicant's request until January 24, 2005. Additional one year extensions, which were granted by you on December 12, 2004; November 19, 2005; and March 7, 2006, effectively extended the recordation deadline until July 28, 2006. On May 8, 2006, the City Council extended the project's vested rights status until July 28, 2007. Copies of the various extensions and the Council's vested rights extension resolution are attached hereto for your reference. All of the recordation deadline extensions were granted to accommodate the City's ongoing review of an alternative project for the property. As you know, Aspen Land 230 East Hopkins. Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 ~"~+ - /°' ~"°,~,' Mr. Chris Bendon, Director July 24, 2006 Page 2 Fund's application for conceptual PUD approval for a mixed use hotel/fractional ownership project on the South Aspen Street property was approved by the City Council on November 28, 2005. Aspen Land Fund is present working on the hotel project's final PUD application which we expect to submit to the City in August of this year. As the final application will undoubtedly require considerable time to review and approve,. no community benefit would appear to result by requiring that the residential project's documents be recorded by July 28, 2006. Accordingly, Aspen Land Fund respectfully requests that the recordation deadline and for .the residential project also be extended until July 28, 2007. The requested one year extension should be sufficient to complete the review of the final I'UD applica- tion for the hotel project and to record its associated documents. To comply with the City's regulatory requirements, the hotel project's PUD agreement will vacate the residential project's prior approvals. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, LLC ~` ~ - '' ~ ~~ ~I VVy' I /Cli~t ~ APPROVED ~u~ 2 s coos cc: John Sarpa, Aspen Land Fund II, LLC Arthur C. Daily, Esq. COl~fUl~IIY DEVELiJt~t~ty ~ tHrstt, ~ ~, qTY OF~SPEN c :loldc\bus\city. lcr\1tr45303 . cb4 Attachments ~^ VANN ASSOCIATES, LLC Planning Consultants April 25, 2007 HAND DELIVERED Ms. Joyce Allgaier, Assistant Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD Documents Dear Joyce: Enclosed for the City's signature and recordation is the subdivision/PUD agreement for the South Aspen Street Subdivision/PUD. Two mylar copies of the final plat and the final PUD development plan and associated drawings are also enclosed. The agreement must. be signed by the City Attorney and Mayor. The final plat must be signed by the Commu- nity Development Director, City Engineer and Mayor. Please note that the PUD agree- ment incorporates the minor revisions which you and I discussed yesterday. The final plat has been revised based on the comments provided by Alex Evonitz and the City Engineering Department. I would appreciate it if you would forward the documents to the Clerk's office for signature. Please advise Kathy Strickland that Art Daily (925-6958) and/or I would like to accompany her to the recordation to ensure that all cross references in the documents are properly filled in. I will be out of the office on Friday the 27th and for two weeks beginning Tuesday May 1st. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Thanks for all your help! Yours VANI~ASSpCIATES, LLC Vann, AICP S cwv E closures c: \oldc\bus\city . ]tr\1tr45303 . j a3 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 PUBLIC NOTICE RE: SOUTH ASPEN ST. SUBDIVISION/PUD, REQUEST FOR EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 9~', at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Vann Associates, LLC representing Aspen Land Fund, LLC, owner of the subject property. The applicant is requesting a one year extension of their vested rights (for a previously approved project of 14 free-market townhomes and 17 affordable housing units) in accordance with Section 26.308.010 of the Municipal Code. The property is located along the west side of South Aspen Street, generally between the Shadow Mtn. Condominiums to the south, and the Lift One Condos, to the north, and includes the land of the existing Mine Dump Apartments, a parking lot and single family dwelling. The subject property is legally described as Block 6, and Lots 7 through 20, Block 11 of the Eames Addition to the City of Aspen. For further information, contact Joyce Allgaier at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-2754, joyicea(a~ci.aspen.co.us. All written correspondence related to the alplication should be sent to the above e-mail or physical address. Applicant: Aspen Land Fund II, LLC c/o Centurion Partners, LLC, 300 South Spring Street, Suite 301, Aspen, CO, 81611 represented by Vann Associates, LLC Planning Consultants, 230 East Hopkins Avenue, Aspen, CO 81611 s/ S. Helen HIanderud Mayor, Aspen City Council Published in the Aspen Times on March 25, 2007 City of Aspen Account ~ ~ ~ ~ ~ p ~ oa~xoao~ `u~as~ s~sx~aoxa ssu~tsx~a~ ~ ~ ~~~ ~ ~ ~aaaaaa ~ ~ ~ 4 ~ ~ avr~na ~uunt ~ soz ourxx~a `~~ax~ ~ W w z w a y a F=- L O N (-4~- C --~ S '^~~v/^J' { , .~ ~~ N N \ ° __ M J U ~ ~ 1 %~ a ~ ~ J 1 S o~ _~y __ 3~ N ~ ~ J W U ~ ~ a a r W F- w w z w a Q x H O H. 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Mam ~ Custom Fields ;Fees Actions 'Parcels 'Routing Status Fee Summary Routing History Attachments __~__ -- -- - _ --- ---- -- --- - o ,~ Permit Type aslu _ Aspen Land Use Permit # D011.2007,ASLU o Address 711 5 ASPEN ST ~ Apt/Suite o City ASPEN ~ State CO Zp 81611 Permit InFormation _ _.. ___ D F Master Permit ~~~~ Routing Queue aslu07 ', r~ Applied 0307/2007 Project ~ Status pending A roved ~~ PP Description VESTED RIGHTS EXTENSION Issued ~~ Fnal ~- Submitted SUNNYVANN925.6958 _ Clock unknow DaysrO ExpFes 03j01/2008 ~ ~ ~__ ' -Owner _ ` - _ ' Last Name ASPEN LAND FUND, LLC ~~ First Name I ____. 300 S SPRING ST (' Phone [970J 544.1797 ~ 301 I ASPEN CO 81611 (~ OwnerlsApplicant? ~ APPlicant SP Last Name A E N LAND FUND, LLC ~ First Name~~~•~~~~ 300 S SPRING ST ~ - - Phone [970 544.1797 I J Cust tt I 24960 ~ ASPEN C0 81611 Lender Last Nam ~••~- ~ First Name ~~~~•~~~ Phone ~ ~ ~ I i __ Inter the master permit number AspenGold[bJ Record: l l of 14