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Home My WebLink AboutLand Use Case.719 E Hopkins Ave.0106.2005.ASLU719 E Hopkins Ave GMQS/Subdivision A - -~ 273718211003 Case 0106.2005.ASLU ~-zeÂ«U-2 . 5 c.-,u,JED 3> ~ S E 1 v 4 7/9 5 %6.U w. 1 le. . -4. L -_f City of Aspen Community Development Department CASE NUMBER 0106.2005.ASLU PARCEL ID NUMBER 2737-182-11-003 PROJECT ADDRESS 719 E. Hopkins Ave. PLANNER Chris Bendon CASE DESCRIPTION GMQS / Subdivision REPRESENTATIVE Stan Clausen DATE OF FINAL ACTION 41=4 4 1 ill 6 CLOSED BY Amy DeVault SUBDIVISION AGREEMENT FOR THE 719 EAST HOPKINS AVENUE SUBDIVISION THIS SUBDIVISION AGREEMENT is made and entered into this 3 < day of October, 2006, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as the "City") and 719 EAST HOPKINS AVENUE, LLC, a Colorado limited liability company (hereinafter referred to sometimes as the "Applicant" and sometimes as "719 East Hopkins Avenue"). WITNESSETH: WHEREAS, with the consent and approval of John Louderback and Jacqueline M. Louderback, as the owners of Lot E and Lot F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado (the "Property"), 719 East Hopkins Avenue submitted to the City a request for Subdivision approval of a multi-family building consisting of two free-market residential units and three deed-restricted affordable housing units, situated within the City of Aspen, Colorado (collectively, the "Application"), which Application requested the approval, execution and recordation of a Final Subdivision Plat of the Property (the "Final Plat"); and WHEREAS, the City has fully considered and approved the Application, Final Plat, and the proposed development and improvement of the Property pursuant to Ordinance No. 20 (Series of 2006) and the impact of the proposed development and improvements of said Property on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with its approval of the Application, and its execution and recordation of the Final Plat, such matters being necessary to promote, protect, and enhance the public health, safety, and general welfare of its citizens; and WHEREAS, 719 East Hopkins Avenue is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Application, and the Final Plat; and WHEREAS, under the authority of Sections 26.480.070 (C and D) of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure that the required public facilities are installed, and 719 East Hopkins Avenue is prepared to provide such guarantees as hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, the City and 719 East Hopkins Avenue have executed and recorded the Final Plat in Plat Book Y f at Page 74 , Reception No. 95492 in the office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution, and acceptance of this Subdivision Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: RECEIVED 1 /1-1111-111 -1111- -11- -lili -1- -1111 lilli 111 lili 10/31/2006 03:57$ Abrtly 530483 OCT 2 4 2006 Page: 1 of 11 JANIE K VOS CALE.LL P -TKIN COLEY CO R 56.00 D 0.00 BUILDING DEPARTMEN1 ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1 Purpose. The purpose of this Subdivision Agreement, along with the Final Plat, is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the development of the Property and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It is the intent of the parties that this Subdivision Agreement and the Final Plat shall supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering the Property, including and without limitation, those matters identified in Article V below (collectively, the "Prior Approvals and Instruments"). ARTICLE 11 ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinances. Pursuant to Ordinance No. 20 (Series of 2006), the Aspen City Council granted Subdivision approval for the development of a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the Property located at 719 East Hopkins Avenue, Lots E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado (collectively, the "Project"). This Subdivision Agreement and the Final Plat incorporate all of the pertinent provisions of Ordinance No. 20 (Series of 2006). In the event of any inconsistencies between the provisions of Ordinance No. 20 (Series of 2006) and the provisions of this Subdivision Agreement and the Final Plat, the provisions of this Subdivision Agreement and the Final Plat shall control. 2.2 Dimensional Requirements. Ordinance No. 20 (Series of 2006) established and approved the development of a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the Property. The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) Zone District. The structure shall meet all of the required Residential Design Standards in effect at the time the building permit is issued applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit review. 2.3 Design Variances. The City of Aspen Community Development Director approved the Applicant's request, with conditions, for variances from the City of Aspen Residential Design Standards for Main Entry Porch requirements and Light Well requirements (collectively, the "Design Variances") which approval is set forth in the Development Order of the City of Aspen Community Development Department dated August 20,2006. The Project shall comply with the terms and conditions of the Design Variances, and compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit review. 2.4 Affordable Housing. The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines in effect at the time the building permit is issued. The Applicant shall record a deed restriction on each of the affordable houfing units at the time of recordation of the condominium map and prior to the issuance of a Certificate of Occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become RECEIVED 2 1111111 lilli 111111 lili lilli lilli 11111111 lilli lili lili 10/31/2006 03:57; ASPEN 530483 OCT 2 4 2006 Page: 2 of 11 JANICE K VOS CAUDILL PLTKIN COUN-Y CO R 56.00 D 0.00 BUILDING DEPARTUFF - 111-1111-1111111-111 lilli- -11111 --111111111 530483 Page: 3 of 11 ownership units. JAN.CE K VOS CAUDILL P TKIN COUN-Y CO R 56,00 D 0.00 10/31/2006 03:57; If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of one percent undivided interest in the deed-restricted affordable housing units on Property to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units, or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the aforementioned Affordable Housing Guidelines continuously for a period of more than one (1) year. ARTICLE 111 APPROVALS AND EXEMPTIONS 3.1 Sidewalk, Curb, and Gutter. Prior to issuance of a certificate of occupancy for any of the units within the development, the Applicant shall have installed a detached sidewalk meeting the City Engineer's design requirements and ADA requirements along the entire lot frontage abutting Hopkins Avenue. Additionally, prior to issuance of a Certificate of Occupancy for any of the units within the development, the Applicant shall repair the curb and gutter adjacent to the Property deemed to be in disrepair by the City Engineer. 3.2 Trash/Utility Service Area. The trash enclosure, located to the rear of the Property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. 3.3 Impact Fees. Pursuant to Land Use Code Section 26.630, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication in conjunction with any residential development in the subdivision. Prior to building permit issuance on any residential development within the subdivision, the Applicant shall pay the school lands dedication fee associated with the subdivision as calculated by the City Zoning Officer using the dedication schedule in effect at the time of building permit submission, as set forth in Land Use Code Section 26.630.030, School Lands Dedication: Dedication Schedule. The Applicant will pay all impact fees in effect at the time of building permit submittal. 3.4 Water Department Standards. 719 East Hopkins Avenue shall comply with the City of Aspen Water System Standards, with Title 25 of the City of Aspen Municipal Code, and with applicable standards of Title 8 of the City's Municipal Code (Water Conservation and Plumbing Advisory Code), as required by the City of Aspen Water Department in effect at the time the building permit is issued. Each of the units within the building shall have individual water meters. 3.5 Sanitation District Standards. The Applicant shall comply with the rules and regulations of the Aspen Consolidated Sanitation District ("ACSD") in effect at the time the building permit is issued with respect to the Project: (a) Sanitation service is contingent upon 719 East Hopkins Avenue's compliance with ACSD rules, regulations, and specifications at the time of construction; (b) All clear water connections are prohibited, i.e., ground water (roof, foundation, 3 RECEIVED OCT 2 4 2006 ASPEN BUILDING DEPARTMENT 10/31/2006 03:57; ~ ~~ Page: 4 of 1 530483 JAN.CE K VOS CHUCILL PITKIN COLN-Y CO R 56,00 D 0.00 perimeter, and patio drains), including entrances to underground parking garages (if any); (c) On-site sanitary sewer utility plans require approval by ACSD; (d) Below grade development may require installation of a pumping system; (e) When a new service line is required for existing development, the old service line must be excavated and abandoned at the main sanitary sewer line according to ACSD requirements in effect at the time the building permit is issued; (f) Generally, one (1) tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line; (g) Permanent improvements are prohibited in areas covered by sewer easements or rights of ways to the lot line of each development; (h) All ACSD total connection fees must be paid prior to the issuance of a building permit; (i) Landscaping plans will require approval by ACSD where soft and hard landscaping impact public right-of-way or easements to be dedicated to the district. 3.6 Electrical Department Requirements. The Applicant shall have an electrical connection load summary conducted by a licensed electrician to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow City Utility Department personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the Final Plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium map. 3.7 Landscaping. The Applicant will provide a landscaping buffer area (referred to as a "minimum tree planting area" in Ordinance No. 20 (Series of 2006)) to be installed along the Hopkins Avenue frontage that is reasonably acceptable to the City Engineer and the Community Development Director. The landscaping buffer area shall be as dictated by the grading and improvements of adjacent properties. 3.8 Construction Management Plan. The Applicant will provide a construction management plan pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. 3.9 Subdivision Plat. The Final Plat shall be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado within 180 days after the Aspen City Council's final approval of Ordinance No. 20 (Series of 2006). The Final Plat shall comply with the requirements of the Public Works Director in effect at the time of recordation and include the following: 4 RECEIVED OCT 2 4 2003 ASPtk BUILDING DEPARâ„¢FAr ill[li lill i Illi- 1 1 lilli 11 10/31/2006 03:57E 530483 Page: 5 of 11 JAN.CE K VOS CRUCILL PITKIN COLN-Y CO R 56.00 D 0.00 (a) The final Property boundaries and utility and surface easements. (b) A new detached sidewalk and minimum landscaping buffer area to be installed along the Hopkins Avenue frontage that is reasonably acceptable to the City Engineer and the Community Development Director. The landscaping buffer area shall be as dictated by the grading and improvements of adjacent properties. 3.10 Subdivision Agreement. This Subdivision Agreement shall be recorded within 180 days after the City's grant of final approval of the Project (Ordinance No. 20, Series 2006). 3.11 Fire Department Requirements. The Applicant shall install a fire sprinkler system and alarm system in the building that meets the requirements of the Fire Marshal in effect at the time of building permit submission. 3.12 Building Permit Requirements. Any building permit application for the Project shall include and/or depict the following information: (a) A signed copy of Resolution No. 13 (Series of 2006) and Ordinance No. 20 (Series of 2006) granting final land use approval. (b) The conditions of approval of Ordinance No. 20 (Series of 2006) shall be printed on the cover page of the building permit set. (c) A completed tap permit for sewer service from ACSD. (d) A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency shall be used in designing any drainage improvements. (e) An excavation-stabilization plan, Construction Management Plan, and drainage and soils reports pursuant to the Building Department's requirements in effect at the time of building permit submission. The Construction Management Plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. (f) A fugitive dust control plan to be reviewed and approved by the City Engineering Department. (g) A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. (h) Accessibility and ADA requirements shall be as stipulated in the City of Aspen Building Code requirements in effect at the time of building permit submission. RECEIVED 5 OCT 2 4 2006 Abytni BUILDING DEPARTMENT - 1 1-lum %\ 1 1\\1\ 1 I- \\11 \11%\11\ 10/31/2006 03:57F 530483 Page: 6 of 11 JAN:CE K VOS CAUDILL PITKIN COLNTY CO R 56.00 D 0.00 3.13 Vested Rights. The development approvals granted by the City pursuant to Ordinance No. 20 (Series of 2006) shall constitute a site-specific development plan, which is vested for a period three (3) years from the date of issuance of a development order by the City. Article IV Prior Approvals and Instruments There are no recorded prior approvals for this Subdivision. Article V Subdivision Improvements Prior to the issuance of any Certificate of Occupancy with respect to the Project, 719 East Hopkins Avenue shall accomplish the following subdivision improvements (collectively, the "Subdivision Improvements"), all as further depicted and described on the Final Plat: (1) installation of a new detached sidewalk meeting the City Engineer's design requirements and ADA requirements along the entire lot frontage abutting Hopkins Avenue, at an estimated cost of $2,956; (2) repair the curb and gutter adjacent to the Property along Hopkins Avenue deemed to be in disrepair by the City Engineer, at an estimated cost of $1,485; (3) installation of a minimum landscaping buffer area to be installed along the Hopkins Avenue frontage that is reasonably acceptable to the City Engineer and the Community Development Director, with a landscaping buffer area that is dictated by the grading and improvements of adjacent properties, at an estimated cost of $1,957; To ensure construction and installation of the Subdivision Improvements (1) through (3) described immediately above, 719 East Hopkins Avenue shall provide to the City either an irrevocable standby letter of credit from a financially responsible lender or a bond in the amount of $6,398. Said letter of credit or bond shall be provided to the City prior to the issuance of a grading or access permit with respect to the Project, shall be in a form reasonably acceptable to the City Attorney, and shall give the City the unconditional right, upon default hereof by 719 East Hopkins Avenue, subject to the provisions of Article VI below, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit or bond amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in Subdivision Improvements already constructed before the unused remainder, if any, of such letter of credit or bond is released to 719 East Hopkins Avenue. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of 719 East Hopkins Avenue shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem, and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the Subdivision Improvements are completed, the City Engineer shall inspect them, and upon approval and written acceptance, authorize a reduction in the 6 RECEIVED OCT 2 4 2006 ASPEN BUILDING DEPARâ„¢EN' outstanding amount of the letter of credit or bond equal to an agreed-upon estimated cost for the completed portion of the Subdivision Improvements; provided, however that ten percent (10%) of the estimated costs shall be withheld until all of the Subdivision Improvements are completed and approved by the City of Aspen Public Works Director. It is the express understanding of the parties that compliance with the procedures set forth in Article VI, below, pertaining to the procedure for default and amendment to this Subdivision Agreement shall be required with respect to the enforcement and implementation of the financial assurances and guarantees to be provided by 719 East Hopkins Avenue, as set forth above. Article VI Non-Compliance and Request for Amendments or Extensions In the event the City determines that 719 East Hopkins Avenue is not acting in substantial compliance with the terms of this Subdivision Agreement or the Final Plat, the City shall notify 719 East Hopkins Avenue in writing specifying the alleged non-compliance and asking that 719 East Hopkins Avenue remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than thirty (30) days. If the City determines that 719 East Hopkins Avenue has not complied within such time, the City may issue and serve upon 719 East Hopkins Avenue a written order specifying the alleged non-compliance and requiring 719 East Hopkins Avenue to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, 719 East Hopkins Avenue may file with the City Engineering Department either a notice advising the City that the Project is in compliance, or a written request to determine one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist; or (b) Whether a variance, extension of time or amendment to the Final Plat or this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the notice of noncompliance. The meeting of the parties shall be convened and conducted pursuant to the procedures established by the City. If the City determines that a non-compliance exists, which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or Certificate(s) of Occupancy, as applicable; provided however, no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to the Final Plat or to this Subdivision Agreement as it deems appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if 719 East Hopkins Avenue demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of 719 East Hopkins Avenue, despite good faith efforts on its part to perform in a timely manner. RECEIVED 7 OCT 2 4 2006 ~ ~ ||| ~|| |||| |~ ~t|~ |~ ~| |~~| Pager 7 of 11 530483 ASPEN BUILDING DEPARTMEAI' 10/31/2006 03:51 JAN.CE K VOS CA-DILL PITKIN COLIVY CO R 56.00 D 0.00 530483 11-111111111 -11111111111111111- 111 lillie Page: 8 of 11 JAN.CE K VOS CAUDILL P.TKIN COUNTY CO R 56.00 D 0.00 10/31/2006 03:57; Article VII General Provisions 7.1 Successors and Assigns. The provisions hereof shall be binding upon and inure to the benefit of 719 East Hopkins Avenue and the City and their respective successors and assigns. 7.2 Governing Law. This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 Inconsistency. If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 Integration. This Subdivision Agreement and the Final Plat contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. 719 East Hopkins Avenue and its successors and assigns may on its own initiative petition the City Council for an amendment to the Final Plat or this Subdivision Agreement or for an extension of one or more of the time periods required for the performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendment or extension of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Headings. Numerical and title headings contained in this Subdivision Agreement are for convenience only and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Acceptance and Recordation of Final Plat. Upon execution of this Subdivision Agreement by both parties hereto, the City agrees to approve and execute the Final Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, promptly upon payment of the recordation fees by 719 East Hopkins Avenue. 7.7 Notice. Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if delivered by facsimile, if hand delivered, or if delivered to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: The City: City of Aspen City Manager; Community Development Director 130 South Galena Street Aspen, Colorado 81611 719 East Hopkins Avenue: 719 East Hopkins Avenue, LLC c/o John R. Louderback, Managing Member PO Box 11600 Aspen, CO 81612 RECEIVED 8 OCT 2 4 2006 BUILDING nEDA on irvr - 10/31/2006 03:57E 530483 Page: 9 of 11 JAN.CE K VOS CAUDILL P.TKIN COU-Y CO R 56.00 D 0.00 With a copy to: Curtis Sanders, Esq. Krabacher & Sanders, PC 201 North Mill Street Aspen, CO 81611 Facsimile: (970) 925-6300 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN COLORADO, a Colorado municipal corporation- By: HeMn KTaAderud, 9~yor UUÂ« Attes Kathryn S.~6h, CitÂ¢'Clerk APPROVED AS TO FORM: /''.''IL'#iILigil (A f.Â£~Efiritib Jodfastet, City Attorney 719 EAST HOPKINS AVENUE: 719 EAST HOPKINS AVENUE, LLC, a Colorado limited liability company By: n Â·rk v- DOLâ‚¬ .19 John R. liouderback, aK~ Managing Member PROPERTY OWNERS: (11*44/(9Â©le LI,6-c b John Louderback ~ in mico_L i. GldicIouck Jacq#eline~. Louderback RECEIVFD OCT 2 4 2006 9 Abrc, v BUILDING DEPARTUFAr, 1 11'lll lilli Illill 1111 Illil lilll'llilll Ill Ill'll ill lili 530483 Page: 10 of 11 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 10/31/2006 03:57F STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 5 7 The foregoing instrument was acknowledged before me this.1 f Gay of C 4-t 2006 by Helen Klanderud as Mayor of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal, My commission expires: / 3 -3/ - 600 9 ..414 ~:00%*%~~ . 'to f LYNDEE R. i -Li Al f t 'A- ~ DEAN / \1 I Notary Public El LF COLGe, STATE OF COLORADO ) SS. COUNTY OF PITKIN ) 7 The foregoing instrument was acknowledged before me this,~ lay of /97-, 2006 by Kathryn S. Koch, City Clerk of the City of Aspen, Colorado, a municipal corporatirn_ Witness my hand and official seal, .... ~â€¢0 ~'L My commission expires: /2 -//.- 777 7 f / 440ee ..%3 Â»2 1) . f M Me i 04/1/ 41 j 3 f \71(.Al Alt f l A/2 4,.1/} TA 4 % I. / ,/ NÂ¢tbri Public V State of California ) County of Los Angeles ) On CU-DiyER 1I i 1 IV L before me, Al_A N 1-1 , UB-\ Al\/\ ill~D thlel PIA K Lr. L , personally appeared John R. Louderback, as Managing Member of 719 East Hopkins Avenue, LLC, a Colorado limited liability company, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person*) whose name(Â® is/aie subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/he#their authorized capacity(ies), and that by his/he#their signaturefs) on the instrument the person(*), or the entity upon behalf of which the personÂ¢e) acted, executed the instrument. WITNESS my hand and official seal. , 1 ~#49~ ALAN H. UEHARA , Signature ~ }t ~ FL_ ~~f~7 LOS ANKILES COUNTY L,met-===2=-1 (Seal) RECEIVED 10 OCT 2 4 2006 Abrtiv BUILDING DEPARTMENT State of California ) County of Los Angeles ) on (kt DRER 1 1,18\) G before me, Al-41 H- UERAAA j NOT 1\119 ?\ABU} C personally appeared John Louderback, individually, and Jacqueline M. Louderback, individually, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ielare subscribed to the within instrument and acknowledged to me that he;she/they executed the same in hieher/their authorized capacity(ies), and that by biWher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 ALAN H. UEHARA WITNESS my hand and official seal. COMM.#1480011 ~ NOT.Plar- CALFOR- Signature L h \Al_ Â£937 -rsrsr ~ it-P' * Comm. EÂ®ires Mar. 30,2008 (Seal) 111 lilli 11 1 -111 lili 530483 Page: 11 of 11 10/31/2006 03:57; JANILE K US 2 -DILL PII IN =2-1.TY C) R 56.00 D 0.00 RECEIVED 11 OCT 2 4 2006 ASPEN BUILDINGDEPARTMENT ASPEN CITY OF 530483 130 S GALENA ST ASPEN CO 81611 CLERK . A ... I Al- 0 1. 1J SUBDIVISION AGREEMENT FOR THE 719 EAST HOPKINS AVENUE SUBDIVISION THIS SUBDIVISION AGREEMENT is made and entered into this dayof ,2006, by and between THE CITY OF ASPEN, COLORADO, a municipal corporations (hereinafter referred to as the "City") and 719 EAST HOPKINS AVENUE, LLC a Colorado limited liability company (hereinafter referred to as "719 East Hopkins Avenue") WITNESSETH: WHEREAS, 719 East Hopkins Avenue has submitted to the Citya request for Subdivision approval for purposes of creating a condominium, situated within the City of Aspen, Colorado to be consolidated, platted and known as the 719 East Hopkins Condominium (the "Property"), which Application requested the approval, execution and recordation of a Final Subdivision Plat of the Property (the "Final Plat"); and WHEREAS, the City has fully considered and approved the Application, Final Plat, and the proposed development and improvement of the Property pursuant to Ordinance No. 20 (Series of 2006) , and the effects of the proposed development and improvements of said Property on adjoining or neighboring properties and property owners; and WHEREAS, the City has imposed certain conditions and requirements in connection with its approval of the Application, and its execution and recordation of the Final Plat, such matters being necessary to promote, protect, and enhance the public health, satety, and general welfare; and WHEREAS, 719 East Hopkins Avenue is willing to acknowledge, accept, abide by, and faithfully perform the conditions and requirements imposed by the City in approving the Application, and the Final Plat; and WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.480.070 (C and D) of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure that the required public facilities are installed and 719 East Hopkins Avenue is prepared to provide such guarantees that hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, the City and 719 East Hopkins Avenue have executed and recorded the Final Plat in Plat Book at Page , Reception No. in the ofice of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution, and acceptance of this Subdivision Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1 Purpose. The purpose of this Subdivision Agreement is to, along with the Final Plat, set forth the complete and comprehensive understanding and agreement of the parties with the respect to the development of the 719 East Hopkins Avenue Condominium and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It is the intent ofthe parties that this Subdivision Agreement and the Final Plat shall effectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering the Property, including and without limitation those matters identified in Article V below (collectively, the "Prior Approvals and Instruments"). ARTICLE 11 ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinances. Pursuant to Ordinance No. 20 (Series of 2006), the Aspen City Council granted Subdivision approvals, providing for the development of a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the property on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, Cityand Townsite of Aspen, Pitkin County, Colorado (collectively, the "Project"). This Subdivision Agreement and the Final Plat incorporate all of the pertinent provisions of Ordinance No. 20 (Series of 2006). In the event of any inconsistencies between the provisions of Ordinance No. 20 (Series of 2006) and the provisions of this Subdivision Agreement and the Final Plat, the provisions of this Subdivision Agreement and the Final Plat shall control. 2.2 Dimensional Requirements. Ordinance No. 20 (Series of 2006) established and approved a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units of the 719 East Hopkins Avenue Condominium. The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit review. 2.3 Affordable Housing The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and priorto the issuance of a Certificate of occupancy forthe building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, butthe units shall become ownership units atsuch time as the owners would request a change to 'for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy 2 requirements in the Affordable Housing Guidelines for a period of more than year. 2.4 Building Moratorium. The provisions of Ordinance 19, Series of 2006, shall applyto this approval. The Community Development Department shall be prohibited from issuing a building permit for this project until such time as the provisions of Ordinance 19 are no longer in effect. ARTICLE 111 APPROVALS AND EXEMPTIONS 3.1 Sidewalk, Curb, and Gutter. Priorto issuance of a certificate of occupancy foranyof the units within the development, the Applicant shall have installed a detached sidewalk meeting the City Engineer's design requirements and ADA requirements along the entire lot frontage abutting Hopkins Avenue. Additionally, prior to issuance of a certificate of occupancy for any of the units within the development, the Applicant shall repair the curb and gutter adjacent to the property deemed to be in disrepair by the City Engineer. 3.2 Trash/Utility Service Area The trash enclosure, located to the rear of the property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. 3.3 Impact Fees. Pursuantto Land Use Code Section 26.630, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication in conjunction with any residential development in the subdivision. Prior to building permit issuance on any residential development within the subdivision, the Applicant shall paythe school lands dedication fee associated with the subdivision as calculated by the City Zoning Officer using the dedication schedule in effect at the time of building permit submission as set forth in Land Use Code Section 26.630.030, School Lands Dedication: Dedication Schedule. The Applicant will pay all impact fees in effect at the time of building permit submittal. 3.4 Water Department Standards. 719 East Hopkins Avenue shall comply with the City of Aspen Water System Standards, with Title 25 of the City of Aspen Municipal Code, and with applicable standards of Title 8 of the City's Municipal Code (Water Conservation and Plumbing Advisory Code), as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. 3.5 Sanitation District Standards. The Applicant shall complywith the Aspen Consolidated Sanitation District's rules and regulations with respect to the Project: (a) Sanitation service is contingent upon 719 East Hopkins Avenue compliance with ACSD rules, regulations, and specifications at the time of construction; (b) All clear water connections are prohibited, i.e., ground water (roof, foundation, perimeter, patio drains), including entrances to underground parking garages (if any); (c) On-site sanitary sewer utility plans require approval by ACSD; (d) Below grade development may require installation of a pumping system; 3 (e) When a new service line is required for existing development, the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements; (h) Generally, one (1) tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line; (i) Permanent improvements are prohibited in areas covered by sewer easements or rights of ways to the lot line of each development; 0) All ACSD total connection fees must be paid prior to the issuance of a building permit; (k) Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the distict. 3.6 Electrical Department Requirements. The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. 3.7 Landscaping. The Applicant will provide a minimum tree planting area, including trees, to be installed along the Hopkins Avenue frontage that is acceptable to the City Parks Department and the Community Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements of adjacent properties. 3.8 Construction Management Plan. The Applicant will provide a construction management plan pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. 3.9 Subdivision Plat. The Final Plat shall be recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado within 180 days after City Council's final approval of Ordinance No. 20 (Series of 2006). The Final Plat which complies with current requirements of the Public Works Director and includes the following: (a) The final property boundaries and utility and surface easements. (b) A new a detached sidewalk and minimum tree planting area, including trees, to be installed along the Hopkins Avenue frontage that is acceptable to the CityEngineer and the Community Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements of adjacent properties. 4 3.10 Subdivision Agreement. This Subdivision Agreement shall be recorded within 180 days after the City's grant of final approval of the Project 3.11 Fire Department Requirements. The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. 3.12 Building Permit Requirements. Any building permit application for the Project shall include and/or depict the following information: (a) A signed copy of Resolution No. 13 (Series of 2006) and Ordinance No. 20 (Series of 2006) granting final land use approval. (b) The conditions of approval of Ordinance No. 20 (Series of 2006) shall be printed on the cover page of the building permit set. (c) A completed tap pemlit for sewer service from ACSD. (d) A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. (e) An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. (f) A fugitive dust control plan to be reviewed and approved by the City Engineering Department. (g) A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. (h) Accessibility and ADA requirements shall meet the building code requirements. 3.13 Vested Rights. The development approvals granted by the City pursuant to Ordinance No. 20 (Series of 2006) shall constitute a site-specific development plan, which is vested for a period three (3) years from the date of issuance of a development order by the City. Article IV Prior Approvals and Instruments There are no recorded prior approvals for this Subdivision. 5 Article V Subdivision Improvements Prior to the issuance of any Certificate of Occupancy with respect to the Project, 719 East Hopkins Avenue shall accomplish the following subdivision improvements (collectively, the "Subdivision Improvements"), all as further depicted and described on the Final Plat: (1) installation of a detached sidewalk meeting the City Engineer's design requirements and ADA requirements along the entire lot frontage abutting Hopkins Avenue, at an estimated cost of $XXX; (2) repairthe curb and gutteradjacent to the propertyalong Hopkins Avenue deemed to be in disrepair by the City Engineer, at an estimated cost of $XXX; (3) installation of a minimum tree planting area, including trees, to be installed along the Hopkins Avenue frontage that is acceptable to the City Engineer and the Community Development Director, at an estimated cost of $XXX; In order to ensure construction and installation of the Subdivision Improvements (1) through (3) described immediately above, 719 East Hopkins Avenue shall provide to the City either an irrevocable standby letter of credit from a financially responsible lender or a bond in the amount of $XXX. Said letter of credit or bond shall be provided to the City prior to the issuance of a grading or access permit with respect to the Project, shall be in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default hereof by 719 East Hopkins Avenue, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit or bond amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in Subdivision Improvements already constructed before the unused remainder, if any, of such letter of credit or bond is released to 719 East Hopkins Avenue. Provided, however, that the Cityshall give 719 East Hopkins Avenue fourteen (14) days' written notice of a default (and the right to cure during such period) prior to the City's right to make a draw under the letter of credit or bond. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of 719 East Hopkins Avenue shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period for time following its occurrence. As portions of the Subdivision Improvements are completed, the City Engineer shall inspect them, and upon appoval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit or bond equal to an agreed upon estimated cost for the completed portion of the Subdivision Improvements; provided, however that ten percent (10%) of the estimated costs shall be withheld until all of the Subdivision Improvements are completed and approved by the City of Aspen Public Works Director. It is the express understanding of the parties that compliance with the procedures set forth in Article VI below pertaining to the procedure for default and amendment to this 6 Subdivision Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by 719 East Hopkins Avenue as set forth above. 7 Article VI Non-Compliance and Request for Amendments or Extensions In the event that the Citydetermines that 719 East Hopkins Avenue is not acting in substantial compliance with the terms of this Subdivision Agreement, the Cityshall notify 719 East Hopkins Avenue in writing specifying the alleged non-compliance and asking that 719 East Hopkins Avenue remedy the alleged non-compliance within such reasonable time as the City may determined, but not less than 30 days. If the City determines that 719 East Hopkins Avenue has not complied within such time, the Citymay issue and serve upon 719 East Hopkins Avenue a written order specifying the alleged non-compliance and requiring 719 East Hopkins Avenue to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, 719 East Hopkins Avenue may file with the City Engineering Department either a notice advising the City that it is in compliance ora written request to detennine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist; or (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of noncompliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if 719 East Hopkins Avenue demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of 719 East Hopkins Avenue, despite good faith efforts on its part to perform in a timely manner. Article VII General Provisions 7.1 Successors and Assigns. The provisions hereof shall be binding upon and inure to the benefit of 719 East Hopkins Avenue and the City and their respective successors and assigns. 7.2 Governing Law. This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 Inconsistency. If any of the provisions of this Subdivision Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this 8 Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 Integration. This Subdivision Agreement and any exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. 719 East Hopkins Avenue and its successors and assigns may on its own initiative petition the City Council for an amendment to this Subdivision Agreement or for an extension of one or more of the time periods required for the performance hereunder. The City Council shall not unreasonably deny such petition for amendment orextension after considering all appropriate circumstances. Any such amendment orextension of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Headings. Numerical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Acceptance and Recordation of Final Plat. Upon execution of this Subdivision Agreement by both parties hereto, the City agrees to approve and execute and the Final Plat and to accept the same br recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by 719 East Hopkins Avenue. 7.7 Notice. Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if delivered by facsimile, if hand delivered, or if delivered to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: The City: City of Aspen City Manager; Community Development Director 130 South Galena Street Aspen, Colorado 81611 719 East Hopkins Avenue: 719 East Hopkins Avenue, LLC c/o John R. Louderback, Managing Member PO Box 606 South Pasadena, CA 91031 Facsimile: (626) 705-4138 With a copy to: Curtis Sanders, Esq. Krabacher & Sanders, PC 201 North Mill Street Aspen, CO 81611 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a Colorado municipal 9 corporation By: Attest: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney 719 EAST HOPKINS AVENUE: 719 EAST HOPKINS AVENUE, LLC, a Colorado limited liability company By: John R Louderback, as its Manager 10 STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2006 by Helen Klanderud as Mayor of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal, My commission expires: Notary Public STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2006 by Kathryn S. Koch, City Clerk of the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal, My commission expires: Notary Public STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2006 by John R Louderback, Manager of 719 East Hopkins Avenue, LLC, a Colorado limited liability company. Witness my hand and official seal, My commission expires: Notary Public 11 ORDINANCE NO. 20 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING SUBDIVISION APPROVAL FOR 719 EAST HOPKINS AVENUE MUTI-FAMILY BUILDING LOCATED ON LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-11-003 WHEREAS, the Community Development Department received an application from 719 East Hopkins Avenue, LLC; John R. Louderback, Member; represented by Stan Clauson Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, and condominiumization to construct a multi-family building consisting of two free-market residential units and three deed- restricted affordable housing units oil the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite o f Aspen, Pitkin County, Colorado; and WHEREAS, the subject property is zoned MU (Mixed-Use); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 7,2006, the Planning and Zoning Commission approved Resolution No. 13, Series of 2006, by a four to zero (4-0) vote, approving with conditions, a Growth Management Review for the development of affordable housing, Special review for an increase to the allowable free-market residential Floor Area, and recommended City Council approve with conditions subdivision and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units located on the subject property; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment ata public hearing; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of 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. Ordinance No. 20, Page 1 of 6 Series of 2006 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions, Subdivision review in order to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The Subdivision plat shall include a design for a detached sidewalk and minimum tree planting area, including trees, to be installed along the Hopkins Avenue frontage that is acceptable to the City Engineer and the Community Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements o f adj acent properties. The final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Building Moratorium The provisions of Ordinance 19, Series of 2006, shall apply to this approval. The Community Development Department shall be prohibited from issuing a building permit for this project until such time as the provisions of Ordinance 19 are no longer in effect. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions o f 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 drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. e. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. Ordinance No. 20, Page 2 of 6 Series of 2006 f. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. h. Accessibility and ADA requirements shall meet the building code requirements. Section 5: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit review. Section 6: Trash/Utility Service Area The trash enclosure, located to the rear of the property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 7: Sidewalks, Curb, and Gutter The sidewalk adjacent to the property shall be installed according to the City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate ofoccupancy is issued for any of the units within the development. Section 8: Affordable Housing The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. lf the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the A ffordable Housing Guidelines for a period of more than year. Ordinance No. 20, Page 3 of 6 Series of 2006 Section 9: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements o f the Fire Marshal. Section 10: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. Each o f the units within the building shall have individual water meters. Section 11: Sanitation District Requirements rhe Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system, One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 12: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. Section 13: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: School Lands Dedication and Impact Fees Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. The Applicant will pay all impact fees in effect at the time of building permit submittal. Ordinance No. 20, Page 4 of 6 Series of 2006 Section 15: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots E and F, Block 104, City and Townsite of Aspen. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 16: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen 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 other specific conditions. Ordinance No. 20, Page 5 of 6 Series of 2006 Section 17: This Ordinance 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 18: lf 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 19: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 20: A public hearing on the Ordinance shall be held on the 22 day of May, 2006, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City o f Aspen. Section 21: This Ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 801 day of May, 2006. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 12th day of June, 2006. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney Ordinance No. 20, Page 6 0 f 6 Series of 2006 THE CITY OF AspEN FAX To: 2*NA Fax: 4Â£4 33-- F 11046 Community Phone: Development From: ~~~,~&%,3 130 S Galena St Pages: 1 + 6 Aspen, Colorado 81611 970.920.5090 Phone: Fax 970.920.5439 I)ate: Regarding: Comments: .l. ille,Â®*1â€¢07â€¢Inmâ€¢10*1â€¢01:-MI lilmlill-lilli,Imi,Imm,-1*1111. millill//Ii'.tre'luilill'll'll/illilli -imililimililimili,yeeelli.i.imil It,mt,â€¢Iâ€¢I,Imiâ€¢I,lamlm,mil,im= mill,â€¢ivAAN,mill:,Iâ€¢â€¢1,1,m- 1111.1,1.1.11,;G/==aea:im'=111111ill'llill'111.11111.1,111.1 = ,Â£11,9.'mae:/Ill'll'111" 11.1.1.1111've====eee,11=111.11111.111.1.11111.11111.111111 = -='.1.11111.1,11 11.1,1,1.5,===~1=1111.mill.'111'.1,1.i"'11.1,11 -hyÂ¥======em,Ii,l.t, 111.11,5,/======1=.,~~1111.1,111.11111.11111.1,111.11 -yz--1------ + mpitilid:limmill==Il' 79"""lum'mullâ€¢imps-U~"16-................:01, â€¢izon~'~5~11.i....illâ€¢imiâ€¢â€¢â€¢milâ€¢â€¢iâ€¢F- - ..1-: i..1......... 11..1- ..1 ~ 111.12.ill'L=!I..'u&Ill - ..1 lilli 1..1 m ---- I - ..1 -I:lim.11.41--4..11.4 11 =1:11 -,11 -1 ..1 - .1110.11.=11-1110.11.=112 - 1..1 I ..1 r==19 -=---1- 11-=A 1K- -~M....Al'-11'...0110.0 91=. ./Els - --N= i-=al I e.ji--=11.---------72---=w ..... ./ /.=: ililliel.. t--/le//~..1.............................:Illi-'---/1 'llilill 'ill 1/lij: ~1-1 i:im...pi~~im:................1::I:lillillililinillilillia~~./6........i'-1 -lisÂ£:.' 111111113> 1.lilillli lii~iil -- Ill Ilm,Ill,lâ€¢111â€¢Il,1,!â€¢111,~~20â€¢Illillill,Iâ€¢111 i..:Illillillill,miâ€¢5620â€¢Ill,Ilimill,Im'll'Imill'll 'aill,i."111.mâ€¢'111.1.56:,e,miati.11â€¢,imilliâ€¢litimmil.ilitiâ€¢11"Â®WA:3,2,1.111,1,1111'111â€¢i.11,1, 1.111.11111.111,1.111"==me,1,11,11111.11111.111,1.11111.11111.1,!@52=3,01.111.1.111.1.11111.1,1 imilill.litil.Ill,IM:/--ellitillilllâ€¢Ill.I.lill.Illimillu-A'--"-3.'.Ill'll'll'll"ll'â€¢' lillit,Imill,Imlit,5,!@/------,eull.Imill.litilll.Ill.lill,Il,Â»/....--rillillâ€¢Imillâ€¢Illill Ii'111.11111.11 101//~l~flal.111.1.11111.11111.11,1/,~'"~~..-"...=3~~911111.11111.1111 -20,"'10"11111'111 =m=m-ml /Z ~ /* - - 1.11 - -1'.1 1- - ./1 ./1.................... imalâ€¢! - E ':Iâ€žâ€žâ€žâ€žâ€žâ€žâ€žâ€žâ€žâ€žâ€žâ€žâ€ž,â€žâ€žâ€žâ€žâ€ž1::I:'Imâ€žâ€žâ€žâ€žâ€žâ€žâ€ž~.la Mill'lliff".IME..,1-1.i m ..... ling 1-1 ilE 6 1 1 =11. 21 -- N: = i 1.~ 111111 - --1. ./,0.*r , j,1 ,Â·ti ':lh. -- ' iiI â‚¬ 12:. â‚¬21212 .7>IL 2-. *4 1 - - _33 .44 K.t.Â» *-* ~. 2- *-r-z#Â£-1 %29 =Â· .4 1, - - h. -0 %4.,3- r Â· â‚¬ 14Â·21 *.A - - .5 -lati ' -4 27;,C 1,= 1- 0 ...2.22 4-22 2/. f .:tr .â€ž~~_,~0 r#_0 - - .4. 3.-I 340 9 i; Wlpâ€¢keÂ£â€¢ - - I ./ - * ./&*k- - A +- 4 . 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C. 4) STAN CLAUSON ASSOCIATES, INC Planning â€¢ Urban De.sign Landscape Architecture T-ansponation Studies Project Management 200 EAST MAIN STREET ASPEN, COLORADO 81611 7 June 2006 TELEPHONE: 970.925.2323 FAx: 970.920.1628 E-MAIL: info@scaplanning.com Ms. Joyce Allgaier WEB: www.scaplanning.com Deputy Director of Community Development City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: 719 East Hopkins Multi-Family Subdivision Dear Joyce: On behal f of 719 East Hopkins Avenue, LLC, we are pleased to submit a set of revised plans for 719 East Hopkins Multi-Family Subdivision for your review You will note that, though not required by the applicable Land Use Code, the redesign has successfully elevated the previously sub-grade employee housing units to a garden level. This will allow increased light and ventilation into all ofthe units. At the same time the unit entries have been simplified for ease of access and improved spatial flow. I have attached sufficient copies ofthe revised plans, along with an illustrative elevation, for submission with the Council packet for our continued public hearing on 12 June 2006. Please note that on the elevation, the first level of widows represent those ofthe affordable housing units. Entries for the free market units have been moved up to the second level, with a set of exterior stairs from each unit. Also enclosed for Council is a letter from attorney Curtis Sanders with respect to the applicable code provisions and the scope of Council review in this matter. Do not hesitate to call should you have any questions or require additional information. Very truly yours, 94-- Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, INC. A PLANNING AND DESIGN SOLUTIONS FOR CONIMUNITIES AND PRIVATE SECTOR CLIENTS . ~ KRABACHER ISANDERSpc Curtis 8. Sanders csanders@krabacher.com ATTORNEYS AND COUNSELORS AT LAW B.Joseph Krabacher Jerome Professional Building Legal Assistants: Curtis B. Sanders 201 N. MILLSTREEL SUITE 201 Cherly M. Heiberger Jennifer M. Causing' ASPEN, COLORADO 81611-1557 Shayn D. Mcfarland T(970) 925-6300 Diana G. Ettlinger Robert S. Hoover* F(970) 925-1181 David T. Hailey ' Also admiled in New York a!,d New Jersey email/internet address: ' Aboadm,tted pn Jilinis krabacher@krabacher.corn June 6, 2006 Via Hand Delivery Mayor Helen Klanderud; Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: 719 East Hopkins Avenue LLC; 719 East Hopkins Multi-Family Subdivision; Second Reading of Ordinance No. 20, Series of 2006 Ladies and Gentlemen: This letter is written on behalf of my clients 719 East Hopkins Avenue, LLC ("Applicant"), and its member John R. Louderback with respect to the above matter. The purpose of this letter is to address certain matters which arose at first reading on May 22, 2006 and which primarily related to City Council's review of the Applicant's land use application's consistency with the Aspen Area Comprehensive Plan ("AACP"), pursuant to Section 26.480.050 of the City of Aspen Land Use Code. At last month's hearing, certain members of City Council indicated that they would not approve Applicant's Application for Subdivision, GMQS Exemption, Multi-Family Replacement Program Certificate of Compliance and Special Review (collectively, the "Application") since the Application was not consistent with the "intent" of the AACP. Specifically, members of the City Council stated that since the Application provided for employee housing mitigation through the use of three sub-grade affordable housing units, the Application was inconsistent with the AACP, and therefore should be denied. Additionally, members of City Council raised concerns regarding the Application's proposed density and allocation of parking spaces to free market residential units. Respectfully, the Applicant disagrees that the "intent" of the AACP is a legitimate basis for City Council to reject Applicant's proposed subgrade Affordable Housing mitigation when subgrade Affordable Housing mitigation is otherwise permitted 1 under the Land Use Code. Additionally, the Applicant does not believe that City Council's discomfort with the project's allocation of parking spaces and density concerns are legitimate or appropriate bases for review of a development application under Section 26.480.050 of the Land Use Code. The Applicant therefore requests that the City Council reevaluate Applicant's Application based upon a reading of the AACP as a complement to (but not a substitute for) the specific provisions of the Land Use Code regarding the design of Affordable Housing, and based upon an application of the criteria and review standards set forth in the City of Aspen Land Use Code. City Council is the final review authority for the Subdivision approval component of the Application under Section 26.480 of the Code, and pursuant to Section 26.480.050, City Council may evaluate the Application's consistency with the AACP. According to the Colorado Supreme Court in Board of County Commissioners v. Conder, 927 P.2d 1339 (Colo. 1996), the provisions of a master plan which a county or municipality seeks to enforce must be sufficiently specific to ensure that any action taken by the county or municipality in response to a land use proposal will be rational and consistent, and that judicial review of that action will provide all users and potential users of land with notice of the particular standards and requirements imposed by the county or municipality for approval. Respectfully, the Applicant does not believe that City Council's reliance on the AACP to require the Applicant to provide above-grade Affordable Housing complies with the Colorado Supreme Court's requirements for the application of a master plan as set forth in Conder. This is particularly the case since it appears that City Council is using the AACP as the basis for its objection to the Applicant's proposed subgrade Affordable Housing, despite the fact that subgrade Affordable Housing was permitted under the version of the Land Use Code in effect when the Applicant's Application was submitted last year. The Applicant filed the Application on December 30, 2005. When the Applicant filed the Application, the version of Section 26.470.040.C.7 of the Land Use Code then in effect only required that Affordable Housing units be newly built units or buy-down units, restricted the location of the units, and restricted the use of cash-in-lieu payments. This vers-ion of Section 26.470.040.C.7 did not contain any restrictions regarding whether or not the Affordable Housing units could be subgrade. 2 As City Council is aware, on March 28, 2006, the City of Aspen adopted Ordinance No. 12, Series of 2006 which amended Section 26.470.040.C.7 to include the following requirement: "Each unit shall be designed such that the finished floor level of fifty (50) percent or more of the unit's net livable square footage is at or above Natural or Finished Grade, whichever is higher." However, Ordinance No. 12 also included a provision stating that "[A]pplications determined complete, pursuant to Section 26.304.050A, shall be revised and processed according to the provisions of the Land Use Code in effect on the date of submission." As noted above, the Applicant's date of submission was December 30, 2005, the Application was subsequently deemed complete, and therefore, the Land Use Code revisions set forth in Ordinance No. 12 do not apply to the Application. Therefore, the Applicant objects to City Council's apparent intent to use the AACP to impose the above grade Affordable Housing requirements of Ordinance No. 12 on Applicant, when Ordinance No. 12 clearly does not apply to the Applicant's Application. Applicant prepared and submitted Applicant's Application in 2005 based in part on Applicant's good faith reliance on the provisions of Section 26.470.040.C.7 of the Land Use Code which do not prohibit sub-grade Affordable Housing, and Applicant's reasonable assumption that above grade Affordable Housing was not a requirement under Section 26.470.040.C.7 of the Land Use Code. Although Applicant recognizes that the AACP separately includes provisions which are intended to promote a socially diverse community, the AACP does not adequately provide the Applicant with notice that the City of Aspen requires the Applicant to satisfy its Affordable Housing mitigation requirements with above-grade affordable housing units. Additionally, the AACP should not be used to impose an above-grade Affordable Housing mitigation requirement where none exists. Certainly, such an application of the AACP would run counter to Conder's requirements that provisions of a master plan be sufficiently specific such that City Council's use of the AACP to evaluate the Application be "rational and consistent", and provide users of land with notice of particular standards and requirements. This is particularly the case since the City of Aspen has not previously enforced a flat prohibition of sub-grade Affordable Housing in the City of Aspen. While it is true that the "Housing" section of the AACP contains a statement that development should "Celebrate our diversity by reflecting it in our housing inventory. Avoid housing developments that inadvertently create segregation", this very same section of the AACP also includes the following aspirational statement: 3 "Provide clear direction to developers on the needs and expectations for quality design and construction. Provide clear and consistent direction on the development process, incentives and procedures." City Council's use of the AACP to create a prohibition of subgrade Affordable Housing where one does not otherwise exist in the Land Use Code does not promote a "clear and consistent direction on the development process, incentive and procedures", does not constitute a rational or consistent application of the AACP, and does not provide users of land with notice of the City of Aspen's land use standards or requirements. Had Applicant known of such a requirement, the Applicant's Application would be substantially different, or it might not have been filed at all. In sum, the Applicant simply requests that City Council respect the following admonition of the Colorado Supreme Court as set forth in Condor: "However, in requiring master plan compliance, the master plan provisions at issue must be drafted with sufficient exactitude so that proponents of new development are afforded due process, the county does not retain unfettered discretion, and the basis for the county's decision is clear for purposes of reasoned judicial review." Conder at 1351. As noted above, at last month's hearing, members of City Council raised concerns regarding the Application's allocation of parking spaces to the proposed free market units, and the density of the proposed subdivision. To the extent that City Council continues to maintain that these concerns are legitimate bases for objection or disapproval of Applicant's Application, Applicant requests City Council provide further clarification as to the specific provisions of Section 26.480.050 or the rest of the Land Use Code which permit City Council's reliance upon such review criteria. Applicant maintains that neither Section 26.480.050 nor any other provision of the Land Use Code provides for such review criteria, and that therefore, these are not legitimate bases for review of the Application. Finally, although the Applicant disagrees with certain statements made by City Council at last month's hearing, Applicant has nonetheless revised aspects of the Application in order to address City Council's concerns. As shown on the Applicant's revised plans, the Applicant has redesigned the project so that the proposed Affordable Housing units now have more windows (including windows which front onto East Hopkins Avenue), the project has a significant increase in natural light and ventilation, the Affordable Housing units are accessible via a short staircase, and the Affordable Housing units contain a significant amount of living space which is at or above grade. 4 The Applicant hopes that City Council will recognize its sincere efforts in revising the Application in order to address City Council's previously stated concerns and to better integrate the Affordable Housing units' living space with the rest of the project. Very truly yours, KR*ACHE~ & SANDERS, P.C., a ~ofeff - Corporation By: < r ,1/3 purt i!Â£04-/Sande-72- CC: John Louderback John Worcester, Esq. 3374\1Council.04 5 MEMORANDUM To: Stan Clauson, Stan Clauson Associates, Inc. From: James Lindt, Senior Planner Date: August 22,2006 Re: 719 E. Hopkins Subdivision Plat- Community Development Department' s Comments Please make the following modifications to the proposed subdivision plat: 1. Add the following purpose statement to the plat: "The purpose of this plat is to memorialize the subdivision approvals that were granted pursuant to Ordinance No. 20, Series of 2006, to construct a five (5) unit multi-family residential building. Pursuant to the definition of Subdivision in the City Land Use Code, all development of multi- family residential units requires subdivision review and approval." 2. Remove reference to tree planting area and instead label it as the landscaping buffer. 3. Please note that the issue related to maintaining the trees located in the northeast corner of the lot must be resolved with the City of Aspen Parks Department prior to submitting mylar copies of the plat for signatures. 4. Surveyor's certificate shall be amended to read that the error of closure is better than 1:10,000. (See City Engineer's comments attached.) 5. Label lot size to the nearest one thousandth of an acre. (See City Engineer's comments attached.) 6. Tie survey to a maintained government monument system. (See City Engineer's comments attached.) 7. List all documents used in preparation of the plat with recording information. (See City Engineer's comments attached.) 8. Label right-of-way width. 9. Obtain all signatures with the exception ofthe City Community Development Director, City Engineer, Mayor, and Pitkin County Clerk and Recorder prior to submitting two (2) mylar copies (that are 3 or 4 mil thick) to the Community Development Department. A recording fee of $11 is due upon submittal of the mylars. . MEMORANDUM I 1 1Â£ On <ir :\,.ri f DATE: August 21,2006 TO: James Lindt, Senior Planner FROM: Tricia Aragon, P.E., City Engineer SUBJECT: 719 E. Hopkins Avenue Subdivision I have reviewed the subdivision plat and agreement for the above subdivision. My comments are as follows: 1. Mylar: The final plat shall be drawn with permanent ink on 3 or 4 mil thick mylar. Two mylar copies are to be submitted for recordation. 2. Survevor's Certificate: Certificate must read that error of closure is better than 1 :10000. Language on plat states the error is greater than 1 : 10000, instead it should read that it is less than 1: 10000. 3. Lot Size: Label the acreage of each lot to the nearest one thousandth (0.001) of an acre. 4. Survey should be tied to a maintained government monument system. 5. The Right - of - way width is not shown on the plat. 6. All improvements with in five feet of the property boundary need to be shown. Show existing ROW improvements for Lot D and Lot G. 7. Easements: Label all easements and provide easement reception numbers. 8. Purpose of the Plat: Directly under the title, clearly describe the purpose of the plat. 9. Documents: List all documents used in the survey with recording information including the commitment number. December 7,2006 - THE CITY OF ASPEN John Lauderback PO Box 11600 Aspen, CO 81612 Re: Billing for 719 East Hopkins Land Use Application Dear Mr. Lauderback: I understand from talking with the City's Finance Department that there,was some discrepancy in the billing on your case. I apologize for this unfortunate situation and I hope that it has been resolved to your satis faction. If it has not, please contact me and I will,make sure that the situation is resolved quickly. Based in part on the review of your billing circumstance, we will be amending our invoicing procedure and the format of our bills so that our bills will reflect past payments and account for deposits that have already been paid. We hope this will make our billing easier to understand for our clients and eliminate the situation that the review o f your billing revealed. lf you have suggestions for our billing process, the format of our invoices, etc. please don't hesitate to contact me. Again, I'm sorry about the billing discrepancy on your case and any frustration it caused you. Sincerely, 06 kn Â¥KE Chris Bendon, AICP Community Development Director City of Aspen chrisb@ci.aspen.co.us 970.429.2765 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5000 Â· FAX 970.920.5197 www. aspengov.com Printed on Recycled Paper I Gchi U-* , MEMORANDUM 141 01Â¥- TO: Developrnent Review Committee R,10 1 011,Â»49 From: Alex Evonitz, Com. Dev. Engineer Date: January 4,2006 Re: 719 East Hopkins Street Redevelopment Request Attendees; Alex Evonitz, Com. Dev. Eng.; Randy Mosby, Engineering Chris Bendon, Director of Com Dev; Denis Murray, Building Dept.; Ed VanWalraven, Aspen Fire; Cindy Christensen, Housing; Brian Flynn, Parks: Dylan Johns, Zone 4 Architects; Stan Clauson, SCA, Applicant. The Development Review Committee has reviewed the application at their February 15,2006 meeting and has compiled the following comments: Building Department - Denis Murray; â€¢ Common path of egress travel is suspect and needs to be discussed. â€¢ All of the normal permit requirements will be met before the City accepts an application. â€¢ Energy compliance requirements are to be submitted for review. â€¢ Unit below grade need to access Hopkins not directly to the alley. â€¢ 1CB is required if greater then 4-units and must meet type B-2003 ICC ANSI Accessibility requirements. â€¢ Sound proofing requirements. â€¢ Access to the public-way needs to be shown on the NE corner of the project after the existing tree is removed. Fire Protection District - Ed VanWalraven; â€¢ The project must be sprinkled and have an alarm system for over 5000 s.f.. â€¢ A separate service is recommended for fire protection and sized so not pumping is required. Engineering Department - Randy Mosby; â€¢ Water and Sanitary service details need to be determined when more engineering details are available. ,>2 1 Page 2 of 3 February 15,2006 719 East Hopkins Street â€¢ Sidewalk work needs to be coordinated with the existing walks in place. If any damage occurs full length sidewalk sections need to be replaced. Housing Office - Cindy Christensen; Ako gee. wore fÂ« 4 4060,2 -- â€¢ The AHU in the basement will be a problem. The normal light and ventilation requirements are required. â€¢ No below grade units are recornrnended. â€¢ Ownership Units are preferred. If they are rentals and the Owners do not comply for one year, they will convert to Ownership Units. â€¢ Parking space should be parallel to the street. The Benedict Commons spaces can be used for a negotiated price. Zoning Officer - Attendance not requested; Environmental Health - Attendance not requested; Parking - Attendance not requested; Parks - Bryan Flynn; â€¢ Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence â€¢ Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation along the East side of the house in order to address proper protection of the spruce tree located on the neighbors lot. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. â€¢ The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. Page 3 of 3 February 15, 2006 719 East Hopkins Street â€¢ An approved tree permit will be required before any dernolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit. Please contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu, on site or off site on the development proposed on Hopkins. â€¢ Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Irrigation, sod, proper drainage, etc... â€¢ Drywell locations should be considered outside of any drip lines in areas that minimize root cutting. â€¢ Questions: â€¢ Does the existing structure have a basernent level? â€¢ The pave stone walkway are on grade? Water/Electric - No attendance; Community Development Engineer - Alex Evonitz: â€¢ A current soils report and improvement survey is required as part of the building permits application. â€¢ All standard permit requirements r-nust be met before issuance of building permits. â€¢ Excavation Stabilization looks like it will be required. No penetration into the City ROW (road or alley) is allowed. â€¢ Utility riser boxes existing and new that are serving this structure are required to be located on the owner's property and not in the City ROW. â€¢ Please coordinate the professionals working with the team to make the permit submittal a complete and consistent package. Aspen Consolidated Waste District - No attendance; --1 1 -\ .\ A &*ht vht- L MEMORANDUM TO: Liousing Board, Community Development Department FROM: Cindy Christensen. Operations Manager - Housing THRU: Toni McCabe, Executive Director DATE: March 1,2006 RE: 719 EAST HOPKINS REDEVELOPMENT Parcel ID No. 2737-182-11-003 ISSUE: The applicant is proposing to convert a multi-family building into two townhouses with three deed-restricted units. BACKGROUND: The redevelopment of this property is subject to the Resident Multi-Family Replacement Program as there is history that this has housed working residents. Section 26.530.040.B states that the demolition of such units requires the construction of replacement employee housing consisting of no less than 50 percent of the number of units, 50 percent of the number of bedrooms and 50 percent of the net residential area demolished. The applicant has satisfied this Code section. Currently. there exists on the site approximately 3.178 square feet in residential net livable Boor area consisting of six residential units with a total of seven bedrooms. Mitigation would require. at a minimum. three units. three and one-half bedrooms and 1.589 square feet of net livable floor area. The employee housing units being proposed are to be located in the lower level of one of the structures and would be in the form of two studios and one two-bedroom unit comprising a total of 1.659 square feet. The square footage exceeds the requirement of 1.589 square feet. The units are to consist of a 400 square foot studio. a 408 square foot studio. and an 851 square foot two- bedroom unit. These meet the minimum square footages for Category 2 units as stated in the Guidelines. No on-site parking is being proposed for the employee housing units. The applicant is requesting a waiver for three parking spaces through a cash-in-lieu payment of $90.000. The Housing Board would highly recommend that a waiver not be granted and that on-site parking be provided for the employee housing units. Ownership units would be preferred. but the applicant is proposing the deed-restricted units as rental units. RECOMMENDATION: The Housing Board reviewed the application at their regular meeting on March 1.2006. Although under the current land use regulations the three employee-housing units 1 being proposed satisfy the mitigation requirement and adhere to the Land Use Code. the I-lousing Board deemed the three units unacceptable as they were all below grade and no oil-site parking is being provided for the employee housing units as a waiver is being requested. The Housing staff has been given direction to approach the Community Development Department to reconsider the iieed to address the location of the employee housing units as what is being proposed is less desirable; i.e., subterranean. locations. If the project is approved as proposed. however. Staff would recommend the following conditions be incorporated into the approval: 1. At least one parking space should be allocated and reserved for one of the three employee- housing units. 2. The three employee housing ullits shall be classified as Category 2 units. 3. If all of the units are approved as proposed, all of the units must meet or exceed the requirements for natural light as established in the International Building Code. 4. The units will be deed-restricted as rental units but will allow fur the units to become ownership units at such time the owners would request this change and/or at such time the At'C'LIA deems the units out of compliance over a period of more than one year. At such time. the units will be listed for sale with the Housing Office as specified iii the deed restriction at the Category 2 maximum sales price. 5. Rental of the units shall be open to all qualified employees of Aspen and Pitkin County and shall not be tied to employment for the free-market component. 6. The governing documents shall be drafted to retlect the potential for the rental units to beconie ownership units. Since the project is a mixed free-market/deed-restricted project, the assessments shall be based on the value of the free-market unit compared to the deed- restricted u11it. This language shall be required in the approval and in the Covenants associated with the pro.wet. No changes to this restriction would be allowed without APCHA s approval. 7. The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior to Certi ficate of Occupancy. 1h 8. APCI-IA or the applicant shall structure a deed restriction for the units such that 1/10 of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. 2 ackibit - D Aspen Planning & Zoning Commission Meeting - Minutes - March 07,2006 motion would be clear that action was taken on certain of the elements and continuing the other elements to another date certain. Horn stated that is what he requests. Bendon said he did not know if the development of Shady Lane within the existing easement even needs to come back to P&Z; it sounds like it does not have dramatic changes from what it is. Horn said it will affect the site plan for this property; they want to return Shady Lane. Bendon suggested at the applicant's fence variance request and the relocation of Shady Lane be continued to a date certain with the understanding that in the interim staff might decide that the Shady Lane relocation to be within the easement does not necessarily require a P&Z action. Marion said that he did not want these to become negotiations; so if there is a motion, let' s vote on it. Tygre said that they would either vote on motion #2 or make another motion and not re-discuss the merits o f the application. Bendon suggested voting on the motion on the table and there could be a second motion to continue the fence variance. MOTION restated #2: Brandon Marion moved to approve Resolution #12, Series 2006, approving with conditions a Stream Margin Review, Special Review to establish the rivers Top of Slope and variance for the building orientation, not allowing the fence variance, allow the window height variancefrom the residential design standards and striking the relocation of Shady Lane (section 8) to construct a new single-family residence at 17 Shady Lane. Ruth Kruger seconded. Roll call vote: Johns, yes; Rowland, yes; Skadron, yes; Wilson, yes; Kruger, yes; Marion, yes; Tygre, yes. APPROVED 7-0. MOTION #3: Brandon Marion moved to continue the public hearing to April 18,2006 so that the applicant may resubmit an amendment to this application regarding the fence height variance including the design submission and if needed the reestablishment of the original easement on Shady Lane without moving Shady Lane. Steve Skadron seconded. Roll call vote: Rowland, yes; Johns, yes; Wilson, yes; Skadron, yes; Marion, yes; Kruger, yes; Tygre, no. APPROVED 6-1. ~~~~~ PUBLIC HEARING: 719 EAST HOPKINS - MULTI-FAMILY Jasmine Tygre opened the public hearing for 719 East Hopkins. Proof ofnotice was provided. Dylan Johns rescused himself. Chris Bendon explained the public hearing was for 719 East Hopkins; it was a 6,000 square foot site in the mixed use that was currently developed with 6 multi- family residential units. The proposal was to redevelop with 5 units, 2 being free market and 3 affordable housing units to comply with the multi-family housing 11 Aspen Planning & Zoning Commission Meeting - Minutes - March 07,2006 replacement program. Bendon said the property is not on the historic registry; it was until 2 or so years ago and was found by HPC and City Council not to have any historic merit and was taken off ofthe historic list. Bendon stated the application calls for subdivision approval, which is a recommendation from P&Z to City Council; Growth Management Approval for the Affordable Housing Units, which is final at P&Z; Special Review for increased in floor area, which is allowed in this zone district and final at P&Z; Special Review for Parking, a decrease in parking to zero parking spaces on site. The Special Review for parking will be discussed i f it is really needed to be part of the review process. Bendon said there was a discussion around the sub-grade nature o f the affordable housing units; there was no prohibition in the land use code for the affordable housing units being sub-grade but part of the criteria was the negative recommendation from the Housing Board. Stan Clauson stated that he represented the applicant John Lauderback. Clauson said the existing property consists of a single family wood frame residence and a later construction consisting of 5 units to the rear. Clauson noted the parking was in the right-of-way as was typical of many residences in Aspen where parking evolved. Clauson said the existing 6 units contain 7 bedrooms and 3,178 square feet of net livable on the 6,000 square foot lot. Clauson said under the multi- family replacement it requires the replacement of 3 units, 3.5 bedrooms, 1,589 square feet ofnet livable replacement housing fully deed-restricted but they are providing 3 units with 4 bedrooms and 1,659 square feet consisting of 2 studio units and 1 two-bedroom unit. Clauson said that they were exceeding the requirement. Clauson said that in the mixed use district the over all floor area was 2 to 1; the free-market maximum was 1 to 1 with special review. Clauson said that not even in the housing guidelines were there any statements prohibiting or recommending that units not be sub-grade. At pre-application they were told there was no prohibition against sub-grade units. Clauson said that this was not a mitigation for some kind of housing but the most burdensome employee mitigation in the land use code with the 50% replacement requirement. Clauson said on the 6,000 square foot lot what evolved was 2 townhouses at grade and the 3 separate units; in every respect this project meets the code; there were no requests for variances from the residential design standards; no request for height variances; no setback variance requests. Clauson said they respectfully withdraw their request for special review for the parking variance because the code clearly says in Section 26.515.010B 12 Aspen Plannine & Zoning Commission Meeting - Minutes - March 07,2006 "existing deficit of parking may be maintained if the property was redeveloped". Clauson stated the new project will provide 4 on-site parking spaces dedicated to the free market unit and there will be 3 on street new parking spaces with a restoration of the curb and an addition of a sidewalk across the front. Public comments: Mike Hexner introduced his wife Karen Justice and stated they lived directly across the street; he stated concern for the parking on the street because it was busy. Hexner said the look of the project looks great and hoped the height would not increase; they were working with John Lauderbeck on a non-reflective roof. Brandon Marion asked if there were any code clarifications as to livability of the employee units and if so he would like that brought forward. MOTION: Brandon Marion moved to continue the public hearing on 719 East Hopkins to April 18~h; seconded by Steve Skadron. All in favor, APPROVED. Meeting adjourned at 7:00 pm. 5242,4***, jackie LotAian, Deputy City Clerk 13 Aspen Planning & Zoning Commission - Minutes - April 18,2006 along the property line adjacent to Red Mountain Road at 17 Shady Lane and allowing for the relocation of Shady Lane as proposed in Exhibit C. John Rowland seconded. Roll call vote: Speck, yes; Johns, yes; Rowland, yes; Kruger, yes; Tygre, no. APPROVED 4-1. Discussion of motion: Johns asked i f there was a specific representation as far as this variance applying to this plan. Lindt replied it was Exhibit C. Kruger liked the new plan because of the way the fence was broken up; Johns agreed that it was a nice design. Tygre said that in order to approve the variances to residential design standards the commission's finding must find the criteria as being met. Tygre said that she did not see a site specific reason for the 42 inch fence to be more than 42 inches in certain locations. Tygre said that she did not feel that the criteria had been met for the fence even though it was an improved plan. Johns said the site specific was being at the base o f Red Mountain with vehicles and snowplowing was why that fence would be more than 42 inches in some spots. CONTINUE PUBLIC HEARING (3/7/6): 719 EAST HOPKINS MULTI-FAMILY 1 Jasmine Tygre opened the continued public hearing for 719 East Hopkins. Chris Bendon stated that the below grade units were allowed in the code because this application was submitted in accordance with the old code. Stan Clauson stated that this was a multifamily replacement ordinance project, which means 50% ofthe units and square footage ofan existing free market building (rented to locals over the years) needed to be replaced. Clauson said this fully complies with the multi-family replacement ordinance; there were 3 deed restricted units and more than the number o f bedrooms by a hal f o f a bedroom. There were 3 parking spaces on the street and 4 parking spaces in garages to serve the free market units. Clauson said that the code did not require above grade affordable housing when this application was submitted and these units provide housing. Clauson said this was a constrained site at 6,000 square feet and trying to put free market and affordable housing units was di fficult without meeting the requirements o f the new code. Clauson said that the key issue or stumbling block seemed to be the affordable housing units below grade. John Rowland inquired about egress concerns from the DRC. Clauson responded that there were more than 4 units therefore the International Residential Code requires accessibility, so there were some design challenges. Clauson said the window wells provided the necessary light and egress. 7 Aspen Planning & Zoning Commission - Minutes - April 18, 2006 Jasmine Tygre asked if the additional FAR was for the affordable housing on site. Bendon replied that was correct the free market floor area would be limited to 4500 square feet i f the affordable units were not located on site. Ruth Kruger asked where the entrances were to the affordable housing units. Hans Berglund showed the plans where the stairs and elevator come down from the vestibule to the 3 apartments. Berglund said per the International Code there were window wells for egress. Kruger said the affordable units were in the back of the lower level. No public comments. Brian Speck asked ifone of the conditions was the detached sidewalk and trees. Bendon responded that Section 6 included the ADA requirements for the sidewalk and Section 2 spoke to the tree plantings. MOTION: Ruth Kruger moved to approve Resolution #13, Series 2006, approving with conditions, a growth management review for ajfordable housing, special review for jloor area, and recommending City Council approve with conditions, the subdivision application for 719 East Hopkins Avenue multi-family development. John Rowland seconded. Roll call vote: Speck, yes ; Kruger, yes ; Rowland, yes; Tygre, yes. APPROVED 4-0. t CONTINUED PUBLIC HEARING (4/4/6): 1001 UTE AVENUE SUBDIVISION/CONSOLIDATED PUD Ruth Kruger opened the continued public hearing on 1001 Ute Avenue. Chris Bendon stated the public notice was provided at the last hearing. James Lindt said the application was to construct 2 single family residences at 1001 Ute; Planning & Zoning shall be the final review authority on the 8040 Greenline Review and recommending body to City Council on the Subdivision, PUD and Growth Management requests. The parcel was vacant except for the tennis courts leased to the Gant; the parcel was located to the west of Ajax Park. The parcel was about 7 acres; the 4 acres to the south were located in the county, the 3 acres on the lower portion were in the City zoned R-15. Lindt said the proposal was to subdivide the property into 2 single family houses of about 5,040 square feet each (lot 1 and lot 2) and subdivide 4 open space parcels (one open space parcel would take care of the access, a single driveway to serve both lots); the second open space parcel would contain the tennis courts, which will be moved to the west by about 30 feet and stillleased to the Gant; the third open space parcel was a common open space area and the fourth open space parcel was currently located in the County and would be deeded to the City for open space with a conservation easement. Lindt 8 P383 MEMORANDUM V/11 b TO: Mayor Helen Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director ~~(~~/) FROM: Joyce Allgaier, Deputy Director of Community Development RE: 719 E. Hopkins Multi-Family Subdivision Second Reading of Ordinance No. 20, Series of 2006-Public Hearing (Continued from 5/22/06) MEETING DATE: June 12,2006 .......r .fri 1 3.1.~1~~~~) . l ....< .j<i.Â· Â·: Â· 111Â·t'U.7.73~73 APPLICANT /OWNER: vt Â· 9'.A 719 East Hopkins Avenue, LLC. John - R. Louderback and Jacqueline M. Louderback. - 46*4 4'Mm=-L ~ - 7. Â£6Â«Eftâ€¢ REPRESENTATIVE: ;lee'Â·P 'I. Stan Clauson, AICP - Stan Clauson .4: ' r - I Associates. LOCATION: .#3Â·ff.B,f -'-CE ','-::-. 'f- 'r--fÂ·Â·0 7fr<c~-iÂ·;.Â·- - t:---Â¥, 719 E. Hopkins Avenue. Lots E and F, Block 104, City and PHOTO: Existing structure. Townsite o f Aspen. SUMMARY: ZONING: The Applicant requests subdivision and Mixed-Use (MU) Zone District. associated land use approvals to raze the existing six (6) unit multi-family residential complex and EXISTING LAND USE: construct a new multi-family residential structure Six (6) Unit Multi-Family Residential containing two (2) free-market residential units Building - all free-market. and three (3) affordable housing units. PROPOSED LAND USE: P&Z ACTION AND RECOMMENDATION: Five (5) Unit Multi-Family Residential P&Z approved the associated land use reviews Building - two (2) free-market and three and recornmended approval, with conditions, of (3) affordable housing. the subdivision request 4-0. STAFF RECOMMENDATION: Approval, with conditions, P384 ISSUES FROM PRIOR HEARING: The public hearing on this application was opened and continued from May 22,2006. The council discussed the application and raised concerns about the following: â€¢ Livability o f the affordable housing units-subgrade, light, access, â€¢ Decrease in density, â€¢ Parking, â€¢ Egress and ADA compliance for health and safety reasons, and â€¢ Overall compliance and implementation of the goals of the AACP. The applicant has indicated to staff that revisions to the development plan are being proposed to address the livability concerns of the units. These will be presented at tonight's hearing. Staff continues to believe the project meets the standards of the Land Use Code. Concerns surrounding the reduction in density and parking, while legitimate issues, are not addressed in the current regulations and are not standards of review. The concern about accessibility is addressed in the International Residential Code. While improved accessibility could be provided, staff believes the units comply with ADA. A member of the City's Building Department will be in attendance to answer specific questions on this point. With respect to the AACP, staff believes the project complies with the regulations that were enacted in order to implement the AACP. LAND USE REQUESTS AND REVIEW PROCEDURE: The Applicant is requesting the following land use approvals to redevelop the site: â€¢ Subdivision for the construction of multiple dwelling units pursuant to Land Use Code Section 26.480, Subdivision. City Council is final review authority after considering a recommendation from the Planning and Zoning Commission. Public Hearing. â€¢ A certificate of compliance from the Multi-family Replacement Program pursuant Land Use Code Section 26.530, Resident Multi-Family Replacement Program. Review is by the Community Development Director in conjunction with a building permit review. â€¢ A growth management review for the development of affordable housing pursuant to Land Use Code Section 26.470.040(C)(7), Affordable Housing. The Planning and Zoning Commission is the final review authority. P&Z granted approval with conditions. â€¢ Special review approval to increase the allowable FAR for free-market residential from .75:1 FAR to 1:1 FAR pursuant to 26.710.180.C. 10 - Floor Area Ratio for Mixed-Use Zone District. The Planning and Zoning Commission is the final review authority. P&Z granted approval with conditions. â€¢ Condominiumization is a subdivision exemption that requires approval of the Community Development Director pursuant to the Land Use Code Section 26.480.090, Condominiumization. Review is by the Community Development Director upon substantial completion of construction. However, the proposed Ordinance acknowledges this approval for a future date. PROJECT SUMMARY: The Applicant has requested approval to raze the existing six (6) unit multi-family building located at 719 East Hopkins Avenue and replace it with a new five (5) unit building containing two (2) free-market and three (3) deed-restricted residential units. The affordable housing is proposed as two (2) studio units and one (1) two-bedroom unit. The property contains approximately 6,000 square feet of lot area and is located in the MU Zone District. 2 P385 The existing and proposed structures are as follows: Existing MU Zone Requirement Proposed Structure Structure Units 6 No Requirement/limit 5 Bedrooms 7 Minimum of 3.5 4 bedrooms for affordable bedrooms as affordable housing. housing' Gross square feet 4,597 s.f. No Requirement/limit 8,575 s.f. Net livable 3,178 s.f. Minimum of 1,589 s.f. as 1,659 s.f. as affordable square feet affordable housingl housing. Floor Area - 3,919 s.Â£ 12,000 s.f. 6,258 s.f. Total Floor Area - FM 3,919 4,500, which can be 6,000 Res. increased to 6,000 through Special Review Floor Area - AH 0 s.f. No Requirement/limit 258 s.f.2 Res. P arking 0 spaces 1 space per unit. Deficient 2 spaces for each free- parking may be market unit. 0 spaces for maintained. each affordable housing unit. Minimum Lot 6,000 s.f. 6,000 s.f. 6,000 s.f. Size Minimum Lot 60 Feet 60 Feet 60 Feet Width Front Yard 11.8 Feet 10 feet, which may be 10 feet Setback (North) reduced to 5 feet through special review. West Side Yard 5 Feet 5 Feet 5 Feet Setback East Side Yard 7.5 Feet 5 Feet 5 Feet Setback Minimum Rear 11 Feet 5 Feet 5 Feet Yard Setback Maximum Unknown. 32 Feet (parcel density Z 32 Feet Height (Staff one unit per 1,500 s.f. of estimates lot area). variation between 15 and 20 feet.) ' The Multi-Family Housing Replacement Program requires the replacement of 50% of the original units, bedrooms and net livable square footage as affordable housing. 2 258 square feet is the FAR measurement. The affordable housing component of the project represents 1,659 net livable square feet and a gross area of 2,252 square feet. 3 P386 STAFF COMMENTS: Subdivision: The Applicant is requesting subdivision approval, including condominiumization, because the development o f multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. Staff feels that the proposal is consistent with the infill development goals established in the 2000 Aspen Area Community Plan. Staff further believes that the site subject to the proposal is suitable for development and contains no known geologic hazards and currently contains residential uses. Staff has included, as a condition of approval, that the applicant work with the staff to provide a detached sidewalk and tree planting area with trees along the Hopkins Avenue frontage. This is a requirement of subdivision and staff is recommending that a design be filed with the plat. The grade of the adjoining property will not make this an easy task and staff has worded the condition to allow some flexibility (condition #2). Subdivision approval may be approved, approved with conditions, or denied by City Council based on the criteria found in Exhibit A. Staff believes the criteria have been met by this application and staff is recommending approval. P&Z recommended approval of the subdivision request. Multi-Family Replacement Program: When demolishing existing multi-family residential dwelling units, if the units were ever lived in by local, working residents, replacement units are subject to the terms of the multi- family replacement program provisions as are set forth in Land Use Code Section 26.530, Resident Multi-family Replacement Program. In this situation . the Applicant is not proposing to replace as many units as are being demolished, which means that 50% of the number of units, 50% of the number of bedrooms, and 50% of the square footage being demolished must be replaced in the new development as on-site affordable housing pursuant to Land Use Code Section 26.530.040(B), Housing Replacement Requirements: Fifty Percent Replacement. The Applicant is proposing to construct three (3) affordable housing units, consisting of a total of four (4) bedrooms, in order to satisfy a portion of the Multi-Family Housing Replacement Program requirements as outlined above. With the proposed 1,659 square feet of net livable affordable housing area being proposed, the proposal exceeds the minimum affordable housing requirements of the code and staff finds the proposal in compliance. Growth Management Review: Affordable Housing The Applicant requires growth management review for the development of affordable housing. Staff believes that the proposal satisfies the review standards for granting growth management approval to construct affordable housing units. Staff finds that there continues to be a need for the development of additional affordable units in that the overall 4 P387 development ceiling for affordable housing that is established in the growth management section o f the land use code has not yet been reached. The Housing Authority Board was disappointed in the subgrade nature of the units and recommended against their approval. The Housing Board also provided a recommended set of conditions to be placed on the approval. P&Z granted approval of the affordable housing units with these additional conditions as recommended by Housing. Development of below-grade affordable housing was recently prohibited in the Land Use Code. This application, however, was submitted well before these recent changes and the affordable housing may be developed below grade. These below-grade units do meet the applicable requirements. Considering the Housing referral comments, staff did and continues to recommend the applicant restudy the design of these units to increase the amount of above-grade space. This would significantly improve the quality of the affordable housing and the quality of the overall project. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshall, Water Department, Aspen Consolidated Sanitation District, Housing Department, and the Parks Department have all reviewed the proposed application and their comments have been included as conditions of approval when appropriate. RECOMMENDATION: Staff recommends adoption of Ordinance No. 20, Series of 2006, upon second reading. At ~ second reading, staff recommends that City Council discuss the sub-grade nature of the affordable housing units. The applicable code -permits this type of development, but -staff believes the project would be significantly improved if this portion of the development were amended. CITY MANAGER COMMENTS: RECOMMENDED MOTION (ALL IMOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Ordinance No.20, Series of 2006, upon second reading." ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Application EXHIBIT C - Referral Comments EXHIBIT D - P&Z minutes U1 P388 Exhibit A SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS Section 26.480.050 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements. a. The proposed. subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The project satisfies the requirements of the resident multi-family replacement program and provides deed restricted affordable housing within the City of Aspen's municipal boundaries. Staff does not believe that this application conflicts with the goals and objectives of the AACP. Staff finds this criterion to be met. b. The proposed. subdivision shall be consistent with the character of existing land uses in the area. Staff Finding Staff believes that the proposed multi-family use is consistent. with the land uses in the immediate vicinity which primarily include multi-family buildings. Staff finds this criterion to be met. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding As the application indicates, the surrounding properties are close to fully developed. Therefore, Staff does not believe that the proposal will adversely affect the future development of the surrounding properties. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding The proposed development is in compliance with the MU zone district requirements and meets all other land use regulations. Staff finds this criterion to be met. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare Of the residents in the proposed subdivision. 6 P389 b. Spatial pattern ejficient The proposed subdivision shall not be designed to create spatial patterns that cause inemciencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding Staff believes that the property is suitable for subdivision. The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. In addition, Staff believes that there will not be a duplication or premature extension of public facilities because the property to be subdivided is already served by adequate public facilities. Therefore, Staff finds this criterion to be met. C. Improvements. The improvements setforth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals ofthe community. 2. The applicant shall specify each design standard variation requested and provide justijication for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented in the application to meet the applicable improvements pursuant to Section 26.580. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised ofreplacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The Applicant has is providing to affordable housing units as required by the Replacement Housing Program and meets the affordable housing review standards of the growth management section of the land use code. Staff finds this criteion to be met. E. School Land bedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing land, which will be paid prior to building permit issuance. Thus, Staff finds this criterion to be met. 7 P390 F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parceks) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, Â§ 2) Staff Finding The proposed free-market residential units are exempt from growth management because they are replacement units. The Applicant has also concurrently applied for growth management review to construct the proposed affordable housing units. Please see Staffs responses to the review standards for a growth management review for the development of affordable housing. 8 P391 ORDINANCE NO. _~ 29 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING SUBDIVISION APPROVAL FOR 719 EAST HOPKINS AVENUE MUTI-FAMILY BUILDING LOCATED ON LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-11-003 WHEREAS, the Community Development Department received an application from 719 East Hopkins Avenue, LLC; John R. Louderback, Member; represented by Stan Clauson Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, and condominiumization to construct a multi-family building consisting of two free-market residential units and three deed- restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Blopk 104, City and Townsite of Aspen, Pitkin County, Colorado; and WHEREAS, the subject property is zoned MU (Mixed-Use); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 7,2006, the Planning and Zoning Commission approved Resolution No. 13, Series of 2006, by a four to zero (4-0) vote, approving with conditions, a Growth Management Review for the development of affordable housing, Special review for an increase to the allowable free-market residential Floor Area, and recommended City Council approve with conditions subdivision and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units located on the subject property; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standards o f the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. , Ordinance No.'~f Page 1 of 6 Series of 2006 P392 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions, Subdivision review in order to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The Subdivision plat shall include a design for a detached sidewalk and minimum tree planting area, Â· including trees, to be installed along the Hopkins Avenue frontage that is acceptable to the City Engineer and the Community Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements of adjacent properties. The final Condominium Plat may be approved and signed by the Community ~ Development Director upon substantial completion o f construction. . Section 3: Building Moratorium The provisions of Ordinance 19, Series of 2006, shall apply to this approval. The Community Development Department shall be prohibited from issuing a building permit for this project until such time as the provisions of Ordinance 19 are no longer in effect. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. 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 drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. e. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. Ordinance No.21:~Z) Page 2 of 6 Series of 2006 P393 f. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. h. Accessibility and ADA requirements shall meet the building code requirements. Section 5: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time ofbuilding permit review. Section 6: Trash/Utilitv Service Area The trash enclosure, located to the rear of the property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 7: Sidewalks. Curb, and Gutter The sidewalk adjacent to the property shall be installed according to the City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall repair any curb and gutter adj acent to the property that is deemed to be in disrepair by the City Engineer be fore a certificate o f occupancy is issued for any o f the units within the development. Section 8: Affordable Housing The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. Ordinance No. 20 Page 3 of 6 Series of 2006 P394 Section 9: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 10: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. Each of the units within the building shall have individual water meters. Section 11: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 12: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. Section 13: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. Ordinance No. 20 Page 4 0 f 6 Series of 2006 P395 However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a peiod of three (3) years, pursuant to the Land Use Code o f the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots E and F, Block 104, City and Townsite of Aspen. Nothing in this approval shall exempt the development order from subsequent reviews iind approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication o f the notice o f final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the - Colorado Constitution and the Aspen Home Rule Charter. Section 16: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen 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 other specific conditions. Section 17: This Ordinance 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 Ordinance No~r~ Page 5 of 6 Series of 2006 P396 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18: 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 19: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the o ffice of the Pitkin County Clerk and Recorder. Section 20: A public hearing on the Ordinance shall be held on the 22 day of May, 2006, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 21: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of May, 2006. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this day of , Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney Ordinance No. 1,8 Page 6 of 6 Series of 2006 P397 624 0 MEMORANDUM -1-Il EM~tl ,<~t To: Development Review Committee *6*1 04Â»19 From: Alex Evonitz, Com. Dev. Engineer Date: January 4,2006 Re: 719 East Hopkins Street Redevelopment Request Attendees; Alex Evonitz, Com. Dev. Eng.; Randy Mosby, Engineering: Chris Bendon, Director of Com Dev: Denis Murray, Building Dept.; Ed VanWalraven, Aspen Fire: Cindy Christensen, Housing; Brian Flynn, Parks; Dylan Johns, Zone 4 Architects: Stan Clauson, SCA, Applicant. The Development Review Cornrnittee has reviewed the application at their February 15,2006 rneeting and has compiled the following cornments: Building Department - Denis Murray; â€¢ Common path of egress travel is suspect and needs to be discussed. â€¢ All of the normal permit requirements will be met before the City accepts an application. â€¢ Energy compliance requirements are to be submitted for review. â€¢ Unit below grade need to access Hopkins not directly to the alley. â€¢ ICB is required if greater then 4-units and must meet type B-2003 ICC ANSI Accessibility requirements. â€¢ Sound proofing requirements. â€¢ Access to the public-way needs to be shown on the NE corner of the project after the existing tree is removed. Fire Protection District - Ed Var-tWalraven; â€¢ The project must be sprinkled and have an alarm system for over 5000 s.f.. â€¢ A separate service is recommended for fire protection and sized so not pumping is required. Engineering Department - Randy Mosby: â€¢ Water and Sanitary service details need to be determined when more engineering details are available. P398 Page 2 of 3 February 15,2006 719 East Hopkins Street â€¢ Sidewalk work needs to be coordinated with the existing walks in place. If any damage occurs full length sidewalk sections need to be replaced. Housing Office - Cindy Christensen: A\%0 94-. vwxe fâ‚¬.w.4 tio61\,2 RAâ€ž,<J â€¢ The AHU in the basement will be a problem. The normal light and ventilation requirements are required. â€¢ No below grade units are recommended. â€¢ Ownership Units are preferred. If they are rentals and the Owners do not comply for one year, they will convert to Ownership Units. â€¢ Parking space should be parallel to the street. The Benedict Commons spaces can be used for a negotiated price. Zoning Officer - Attendance not requested; Environmental Health - Attendance not requested; Parking - Attendance not requested; Parks - Bryan Flynn: â€¢ Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees rernaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence â€¢ Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation along the East side of the house in order to address proper protection of the spruce tree located on the neighbors lot. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. â€¢ The applicant will need to contract with a tree service, and have thern on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service cornpany or trained member of the contractor's team. Page 3 of 3 P399 February 15,2006 719 East Hopkins Street â€¢ An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building perrnit. Please contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu, on site or off site on the development proposed on Hopkins. â€¢ Planting in the Public Rjght of way will be subject to Landscaping in the ROW requirements. Irrigation, sod, proper drainage, etc... â€¢ Drywell locations should be considered outside of any drip lines in areas that minimize root cutting. â€¢ Questions: Â· Does the existing structure have a basernent level? Â· The pave stone walkway are on grade? Water/Electric - No attendance: Community Development Engineer- Alex Evonitz; â€¢ A current soils report and improvement survey is required as part of the building permits application. â€¢ All standard permit requirements must be met before issuance of building permits. â€¢ Excavation Stabilization looks like it will be required. No penetration into the City ROW (road or alley) is allowed. â€¢ Utility riser boxes existing and new that are serving this structure are required to be located on th,e owner's property and not in the City ROW. â€¢ Please coordinate the professionals working with the team to make the permit submittal a complete and consistent package. Aspen Consolidated Waste District - No attendance; P400 Shied- C MEMORANDUM TO: Housing Board, Community Development Department FROM: Cindy Christensen, Operations Manager - Housing THRU: Tom McCabe, Executive Director DATE: March 1, 2006 RE: 719 EAST HOPKINS REDEVELOPMENT Parcel ID No. 2737-182-11-003 ISSUE: The applicant is proposing to convert a multi-family building into two townhouses with three deed-restricted units. BACKGROUND: The redevelopment of this property is subject to the Resident Multi-Family Replacement Program as there is history that this has housed working residents. Section 26.530.040.B states that the demolition of such units requires the construction of replacement employee housing consisting of no less than 50 percent of the number of units, 50 percent of the number of bedrooms and 50 percent of the net residential area demolished. The applicant has satisfied this Code section. Currently, there exists on the site approximately 3,178 square feet in residential net livable floor area consisting of six residential units with a total of seven bedrooms. Mitigation would require, at a minimum, three units, three and one-half bedrooms and 1,589 square feet of net livable floor area. The. employee housing units being proposed are to be located in the lower level of one of the structures and would be in the form of two studios and one two-bedroom unit compising a total of 1,659 square feet. The square footage exceeds the requirement of 1,589 square feet. The units are to consist of a 400 square foot studio, a 408 square foot studio, and an 851 square foot two- bedroom unit. These meet. the minimum square footages for Category 2 units as stated in the Guidelines. No on-site parking is being proposed for the employee housing units. The applicant is requesting a waiver for three parking spaces through a cash-in-lieu payment of $90,000. The Housing Board would highly recommend that a waiver not be granted and that on-site parking be provided for the employee housing units. Ownership units would be preferred, but the applicant is proposing the deed-restricted units as rental units. RECOMMENDATION: The Housing Board reviewed the application at their regular meeting on March 1, 2006. Although under the current land use regulations the three employee-housing units 1 P401 being proposed satisfy the mitigation requirement and adhere to the Land Use Code, the Housing Board deemed the three units unacceptable as they were all below grade and no on-site parking is being provided for the employee housing units as a waiver is being requested. The Housing staff has been given direction to approach the Community Development Department to reconsider the need to address the location of the employee housing units as what is being proposed is less desirable; i.e., subterranean, locations. If the project is approved as proposed. however, Staff would recommend the following conditions be incorporated into the approval: 1. At least one parking space should be allocated and reserved for one of the three employee- housing units. 2. The three employee housing units shall be classified as Category 2 units. 3. If all of the units are approved as proposed, all of the units must meet or exceed the requirements for natural light as established in the International Building Code. 4. The units will be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period of more than one year. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. 5. Rental of the units shall be open to all qualified employees of Aspen and Pitkin County and shall not be tied to employment for the free-market component. 6. The governing documents shall be drafted to reflect the potential for the rental units to become ownership units. Since the project is a mixed free-market/deed-restricted project, the assessments shall be based on the value of the free-market unit compared to the deed- restricted unit. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction would be allowed without APCHA' s approval. 7. The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior to Certificate of Occupancy. 8. APCHA or the applicant shall structure a deed restriction for the units such that 1 /10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. 2 P402 -/.0--I 2-i Wht D Aspen Plannine & Zonine Commission Meeting - Minutes - March 07,2006 motion would be clear that action was taken on certain of the elements and continuing the other elements to another date certain. Horn stated that is what he requests. Bendon said he did not know if the development of Shady Lane within the existing easement even needs to come back to P&Z; it sounds like it does not have dramatic changes from what it is. Horn said it will affect the site plan for this property; they want to return Shady Lane. Bendon suggested at the applicant's fence variance request and the relocation of Shady Lane be continued to a date certain with the understanding that in the interim staff might decide that the Shady Lane relocation to be within the easement does not necessarily require a P&Z action. Marion said that he did not want these to become negotiations; so i f there is a motion, let's vote on it. Tygre said that they would either vote oil motion #2 or make another motion and not re-discuss the merits of the application. Bendon suggested voting on the motion on the table and there could be a second motion to continue the fence variance. MOTION restated #2: Brandon Marion moved to approve Resolution till Series 2006, approving with conditions a Stream Margin Review, Special Review to establish the rivers Top of Slope and variance for the building orientation, not allowing the fence variance, allow the window height variancefrom the residential design standards and striking the relocation Of Shady Lane (section 8) to construct a new single-family residence at 17 Shady Lane. Ruth Kruger seconded. Roll call vote: Johns, yes; Rowland, yes; Skadron, yes; Wilson, yes; Kruger, yes; Marion, yes; Tygre, yes. APPROVED 7-0. MOTION #3: Brandon Marion moved to continue the public hearing to April 18,2006 so that the applicant may resubmit an amendment to this application regarding the fence height variance including the design submission and if needed the reestablishment of the original easement on Shady Lane without moving Shady Lane. Steve Skadron seconded. Roll call vote: Rowland, yes: Johns, yes; Wilson, yes; Skadron, yes; Marion, yes; Kruger, yes; Tygre, no. APPROVED 6-1. 4 - PUBLIC HEARING: 719 EAST HOPKINS - MULTI-FAMILY Jasmine Tygre opened the public hearing for 719 East Hopkins. Proof of notice was provided. Dylan Johns rescused himself. Chris Bendon explained the public healing was for 719 East Hopkins; it was a 6,000 square foot site in the mixed use that was currently developed with 6 multi- family residential units. The proposal was to redevelop with 5 units, 2 being free market and 3 affordable housing units to comply with the multi-family housing 11 P403 Aspen Planning & Zoning Commission Meetine - Minutes - March 07.2006 replacement program. Bendon said the property is not on the historic registry; it was until 2 or so years ago and was found by HPC and City Council not to have any historic merit and was taken off of the historic list. Bendon stated the application calls for subdivision approval, which is a recommendation from P&Z to City Council; Growth Management Approval for the Affordable Housing Units, which is final at P&Z; Special Review for increased in floor area, which is allowed in this zone district and final at P&Z; Special Review for Parking, a decrease in parking to zero parking spaces on site. The Special Review for parking will be discussed i f it is really needed to be part of the review process. Bendon said there was a discussion around the sub-grade nature of the affordable housing units; there was no prohibition in the land use code for the affordable housing units being sub-grade but part of the criteria was the negative recommendation from the Housing Board. Stan Clauson stated that he represented the applicant John Lauderback. Clauson said the existing property consists of a single family wood frame residence and a later construction consisting o f 5 Units to the rear. Clauson noted the parking was in the right-o f-way as was typical of many residences in Aspen where parking evolved. Clauson said the existing 6 units contain 7 bedrooms and 3,178 square feet of net livable on the 6,000 square foot lot. Clauson said under the multi- family replacement it requires the replacement of 3 units, 3.5 bedrooms, 1,589 square feet ofnet livable replacement housing fully deed-restricted but they are providing 3 units with 4 bedrooms and 1,659 square feet consisting of 2 studio units and 1 two-bedroom unit. Clauson said that they were exceeding the requirement. Clauson said that in the mixed use district the over all floor area was 2 to 1; the free-market maximum was 1 to 1 with special review. Clauson said that not even in the housing guidelines were there any statements prohibiting or recommending that units not be sub-grade. At pre-application they were told there was no prohibition against sub-grade units. Clauson said that this was not a mitigation for some kind ofhousing but the most burdensome employee mitigation in the land use code with the 50% replacement requirement. Clauson said on the 6,000 square foot lot what evolved was 2 townhouses at grade and the 3 separate units; in every respect this project meets the code; there were no requests for variances from the residential design standards; no request for height variances; no setback variance requests. Clauson said they respectfully withdraw their request for special review for the parking variance because the code clearly says in Section 26.5 15.010B 12 P404 Aspen Planning & Zonino Commission Meetine - Minutes - March 07,2006 "existing deficit of parking may be maintained if the property was redeveloped". Clauson stated the new project will provide 4 on-site parking spaces dedicated to the free market unit and there will be 3 on street new parking spaces with a restoration of the curb and an addition o f a sidewalk across the front. Public comments: Mike Hexner introduced his wife Karen Justice and stated they lived directly across the street; he stated concern for the parking on the street because it was busy. Hexner said the look of the project looks great and hoped the height would not increase; they were working with John Lauderbeck on a non-reflective roof. Brandon Marion asked if there were any code clarifications as to livability of the employee units and if so he would like that brought forward. MOTION: Brandon Marion moved to continue thepublic hearing on 719 East th Hopkins to April 18; seconded by Steve Skadron. All in favor, APPROVED. I-. Meeting adjourned at 7:00 pm. 124.421Â« ' Â·Â· <jackie Lothian, Deputy City Clerk 13 P405 Aspen Plannine & Zoning Commission - Minutes - April 18.2006 along the property line adjacent to Red Mountain Road at 17 Shady Lane and allowing for the relocation of Shady Lane as proposed in Exhibit C. John Rowland seconded. Roll call vote: Speck, yes; Johns, yes; Rowland, yes; Kruger, yes; Tygre, no. APPRO-VED 4-1. Discussion of motion: Johns asked if there was a specific representation as far as this variance applying to this plan. Lindt replied it was Exhibit C. Kruger liked the new plan because of the way the fence was broken up; Johns agreed that it was a nice design. Tygre said that in order to approve the variances to residential design standards the commission's finding must find the criteria as being met. Tygre said that she did not see a site specific reason for the 42 inch fence to be more than 42 inches in certain locations. Tygre said that she did not feel that the criteria had been met for the fence even though it was an improved plan. Johns said the site specific was being at the base o f Red Mountain with vehicles and snowplowing was why that fence would be more than 42 inches in some spots. CONTINUE PUBLIC HEARING (3/7/6): ~~ 719 EAST HOPKINS MULTI-FAMILY j Jasmine Tygre opened the continued public hearing for 719 East Hopkins. Chris Bendon stated that the below grade units were allowed in the code because this application was submitted in accordance with the old code. Stan Clauson stated that this was a multifamily replacement ordinance project, which means 50% of the units and square footage o f an existing free market building (rented to locals over the years) needed to be replaced. Clauson said this fully complies with the multi-family replacement ordinance; there were 3 deed restricted units and more than the number ofbedrooms by a half of a bedroom. There were 3 parking spaces on the street and 4 parking spaces in garages to serve the free market units. Clauson said that the code did not require above grade affordable housing when this application was submitted and these units provide housing. Clauson said this was a constrained site at 6,000 square feet and trying to put free market and affordable housing units was difficult without meeting the requirements of the new code. Clauson said that the key issue or stumbling block seemed to be the affordable housing units below grade. John Rowland inquired about egress concerns from the DRC. Clauson responded that there were more than 4 units therefore the International Residential Code requires accessibility, so there were some design challenges. Clauson said the window wells provided the necessary light and egress. 1 P406 , Aspen Planning & Zoning Commission - Minutes - April 18,2006 Jasmine Tygre asked if the additional FAR was for the affordable housing on site. Bendon replied that was correct the free market floor area would be limited to 4500 square feet if the affordable units were not located on site. Ruth Kruger asked where the entrances were to the affordable housing units. Hans Berglund showed the plans where the stairs and elevator come down from the vestibule to the 3 apartments. Berglund said per the International Code there were window wells for egress. Kruger said the affordable units were in the back of the lower level. No public comments. Brian Speck asked ifone ofthe conditions was the detached sidewalk and trees. Bendon responded that Section 6 included the ADA requirements for the sidewalk and Section 2 spoke to the tree plantings. MOTION: Ruth Kruger moved to approve Resolution #13, Series 2006, approving with conditions, a growth management review for affordable housing, special review for floor area, and recommending City Council approve with conditions, thesubdivision applicationfor 719 East Hopkins Avenuemulti-family , development. John Rowland seconded. Roll call vote: Speck, yes; Kruger, yes; Rowland, yes ; Tygre, yes. APPROVED 4-0. _~ CONTINUED PUBLIC HEARING (4/4/6): 1001 UTE AVENUE SUBDIVISION/CONSOLIDATED PUD Ruth Kruger opened the continued public hearing on 1001 Ute Avenue. Chris Bendon stated the public notice was provided.at the last hearing. James Lindt said I the application was to construct 2 single family residences at 1001 Ute; Planning & Zoning shall be the final review authority on the 8040 Greenline Review and recommending body to City Council on the Subdivision, P UD and Growth Management requests. The parcel was vacant except for the tennis courts leased to the Gant; the parcel was located to the west of Ajax Park. The parcel was about 7 acres; the 4 acres to the south were located in the county, the 3 acres on the lower portion were in the City zoned R-15. Lindt said the proposal was to subdivide the property into 2 single family houses o f about 5,040 square feet each (lot 1 and lot 2) and subdivide 4 open space parcels (one open space parcel would take care of the access, a single driveway to serve both lots); the second open space parcel would contain the tennis courts, which will be moved to the west by about 30 feet and stillieased to the Gant; the third open space parcel was a common open space area and the fourth open space parcel was currently located in the County and would be deeded to the City for open space with a conservation easement. Lindt 8 Y[!I a, MEMORANDUM TO: Mayor Helen Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director L.*) -JAA - FROM: Joyce Allgaiet, Deputy Director of Community Development RE: 719 E. Hopkins Multi-Family Subdivision Second Reading of Ordinance No. 3*, Series of 2006-Public Hearing MEETING DATE: May 22,2006 APPLICANT /OWNER: 719 East Hopkins Avenue, LLC. John &-b t..e R. Louderback and Jacqueline M. Louderback. Â· . --1%;~~ *'3 # tb' REPRESENTATIVE: : mal ': 49/81"iliii:i 'bir #| Stan Clauson, AICP - Stan Clauson 1 3 '1,1=':Â· llÂ¢~11@~ Associates. ./Whdull.lul. LOCATION: , 719 E. Hopkins Avenue. Lots E and F, Block 104, City and PHOTO: Existing structure. Townsite of Aspen. SUMMARY: ZONING: The Applicant requests subdivision and Mixed-Use (MU) Zone District. associated land use approvals to raze the existing six (6) unit multi-family residential complex and EXISTING LAND USE: construct a new multi-family residential structure Six (6) Unit Multi-Family Residential containing two (2) free-market residential units Building - all free-market. and three (3) affordable housing units. PROPOSED LAND USE: P&Z ACTION AND RECOMMENDATION: Five (5) Unit Multi-Family Residential P&Z approved the associated land use reviews Building - two (2) free-market and three and recommended approval, with conditions, of (3) affordable housing. the subdivision request 4-0. STAFF RECOMMENDATION: Approval, with conditions. LAND USE REQUESTS AND REVIEW PROCEDURE: The Applicant is requesting the following land use approvals to redevelop the site: â€¢ Subdivision for the construction of multiple dwelling units pursuant to Land Use Code Section 26.480, Subdivision. City Council is final review authority after considering a recommendation from the Planning and Zoning Commission. Public Hearing. â€¢ A certificate of compliance from the Multi-family Replacement Program pursuant Land Use Code Section 26.530, Resident Multi-Family Replacement Program. Review is by the Community Development Director in conjunction with a building permit review. â€¢ A growth management review for the development of affordable housing pursuant to Land Use Code Section 26.470.040(C)(7), Affordable Housing. The Planning and Zoning Commission is the final review authority. P&Z granted approval with conditions. â€¢ Special review approval to increase the allowable FAR for free-market residential from .75:1 FAR to 1:1 FAR pursuant to 26.710.180.C.10 - Floor Area Ratio for Mixed-Use Zone District. The Planning and Zoning Commission is the final review authority. P&Z granted approval with conditions. â€¢ Condominiumization is a subdivision exemption that requires approval o f the Community Development Director pursuant to the Land Use Code Section 26.480.090, Condominiumization. Review is by the Community Development Director upon substantial completion of construction. However, the proposed Ordinance acknowledges this approval for a future date. PROJECT SUMMARY: The Applicant has requested approval to raze the existing six (6) unit multi-family building located at 719 East Hopkins Avenue and replace it with a new five (5) unit building containing two (2) free-market and three (3) deed-restricted residential units. The affordable housing is proposed as two (2) studio units and one (1) two-bedroom unit. The property contains approximately 6,000 square feet of lot area and is located in the MU Zone District. The existing and proposed structures are as follows: Existing MU Zone Requirement Proposed Structure Structure Units 6 No Requirement/limit 5 Bedrooms 7 Minimum of 3.5 4 bedrooms for affordable bedrooms as affordable housing. housing' 1 The Multi-Family Housing Replacement Program requires the replacement of 50% of the original units, bedrooms and net livable square footage as affordable housing. 2 Gross square feet 4,597 s.f. No Requirement/limit 8,575 s.f. Net livable 3,178 s.f. Minimum of 1,589 s.f. as 1,659 s.f. as affordable square feet affordable housingl housing. Floor Area - 3,919 s.f. 12,000 s.f. 6,258 s.f. Total Floor Area - FM 3,919 4,500, which can be 6,000 Res. increased to 6,000 through Special Review Floor Area - AH 0 s.f. No Requirement/limit 258 s.f.2 Res. Parking 0 spaces 1 space per unit. Deficient 2 spaces for each free- parking may be market unit. 0 spaces for maintained. each affordable housing unit. Minimum Lot 6,000 s.f. 6,000 s.f. 6,000 s.f. Size Minimum Lot 60 Feet 60 Feet 60 Feet Width Front Yard 11.8 Feet 10 feet, which may be 10 feet Setback (North) reduced to 5 feet through special review. West Side Yard 5 Feet 5 Feet 5 Feet Setback East Side Yard 7.5 Feet 5 Feet 5 Feet Setback Minimum Rear 11 Feet 5 Feet 5 Feet Yard Setback Maximum Unknown. 32 Feet (parcel density 2 32 Feet. Height (Staff one unit per 1,500 s. f. of estimates lot area). variation between 15 and 20 feet.) STAFF COMMENTS: Subdivision: The Applicant is requesting subdivision approval, including condominiumization, because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City' s land use code. 2 258 square feet is the FAR measurement. The affordable housing component of the project represents 1,659 net livable square feet and a gross area of 2,252 square feet. 3 In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. Staff feels that the proposal is consistent with the infill development goals established in the 2000 Aspen Area Community Plan. Staff further believes that the site subject to the proposal is suitable for development and contains no known geologic hazards and currently contains residential uses. Staff has included, as a condition of approval, that the applicant work with the staff to provide a detached sidewalk and tree planting area with trees along the Hopkins Avenue frontage. This is a requirement o f subdivision and staff is recommending that a design be filed with the plat. The grade of the adjoining property will not make this an easy task and staff has worded the condition to allow some fiexibility (condition #2). Subdivision approval may be approved, approved with conditions, or denied by City Council based on the criteria found in Exhibit A. Staff believes the criteria have been met by this application and staff is recommending approval. P&Z recommended approval of the subdivision request. Multi-Family Replacement Program: When demolishing existing multi-family residential dwelling units, if the units were ever lived in by local, working residents, replacement units are subject to the terms of the multi-family replacement program provisions as are set forth in Land Use Code Section 26.530, Resident Multi-family Replacement Program. In this situation the Applicant is not proposing to replace as many units as are being demolished, which means that 50% of the number of units, 50% of the number of bedrooms, and 50% of the square footage being demolished must be replaced in the new development as on-site affordable housing pursuant to Land Use Code Section 26.530.040(B), Housing Replacement Requirements: Fifty Percent Replacement. The Applicant is proposing to construct three (3) affordable housing units, consisting of a total of four (4) bedrooms, in order to satisfy a portion of the Multi-Family Housing Replacement Program requirements as outlined above. With the proposed 1,659 square feet of net livable affordable housing area being proposed, the proposal exceeds the minimum affordable housing requirements of the code and staff finds the proposal in compliance. Growth Management Review: Affordable Housing The Applicant requires growth management review for the development of affordable housing. Staff believes that the proposal satisfies the review standards for granting growth management approval to construct affordable housing units. Staff finds that there continues to be a need for the development of additional affordable units in that the overall development ceiling for affordable housing that is established in the growth management section of the land use code has not yet been reached. The Housing Authority Board was disappointed in the subgrade nature of the units and recommended against their approval. The Housing Board also provided a recommended 4 set of conditions to be placed on the approval. P&Z granted approval of the affordable housing units with these additional conditions as recommended by Housing. Development o f below-grade affordable housing was recently prohibited in the Land Use Code. This application, however, was submitted well before these recent changes and the affordable housing may be developed below grade. These below-grade units do meet the applicable requirements. Considering the Housing referral comments, staff did and continues to recommend the applicant restudy the design of these units to increase the amount of above-grade space. This would significantly improve the quality of the affordable housing and the quality of the overall project. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshall, Water Department, Aspen Consolidated Sanitation District, Housing Department, and the Parks Department have all reviewed the proposed application and their comments have been included as conditions of approval when appropriate. RECOMMENDATION: Staff recommends adoption of Ordinance No.gll, Series of 2006, upon second reading. At second reading, staff recommends that City Council discuss the sub-grade nature of the affordable housing units. The applicable code permits this type of development, but staff believes the project would be significantly improved if this portion of the development were amended. CITY MANAGER COMMENTS: RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Ordinance No.~/, Series of 2006, upon second reading." ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Application EXHIBIT C - Referral Comments EXHIBIT D - P&Z minutes 5 Vil 8- MEMORANDUM TO: Mayor Helen Klanderud and Aspen City Council FROM: Chris Bendon, Community Development Director ~bwvl RE: 719 E. Hopkins Multi-Family Subdivision First reading of Ordinance NoRD, Series of 2006 Second reading scheduled for May 22,2006 MEETING DATE: May 8,2006 APPLICANT /OWNER: -*I 719 East Hopkins Avenue, LLC. John . IM'I///Ili/""I/:I'r/"Illill/'..'/a . t,r'Â· R. Louderback and Jacqueline M. ......./ P....7.1 1/22=11 4/,59*m Louderback. ... .Â©.p.- k - . *418"'146424"04' REPRESENTATIVE: ar, R .4-~7*/9.1- *gar m Stan Clauson, AICP - Stan Clauson Associates. LOCATION: ~ 719 E. Hopkins Avenue. Lots E and F, Block 104, City and PHOTO: Existing structure. Townsite o f Aspen. SUMMARY: ZONING: The Applicant requests subdivision and Mixed-Use (MU) Zone District. associated land use approvals to raze the existing six (6) unit multi-family residential complex and EXISTING LAND USE: construct a new multi-family residential structure Six (6) Unit Multi-Family Residential containing two (2) free-market residential units Building - all free-market. and three (3) affordable housing units. PROPOSED LAND USE: P&Z ACTION AND RECOMMENDATION: Five (5) Unit Multi-Family Residential P&Z approved the associated land use reviews Building - two (2) free-market and three and recommended approval, with conditions, of (3) affordable housing. the subdivision request 4-0. STAFF RECOMMENDATION: Approval, with conditions. LAND USE REQUESTS AND REVIEW PROCEDURE: The Applicant is requesting the following land use approvals to redevelop the site: â€¢ Subdivision for the construction of multiple dwelling units pursuant to Land Use Code Section 26.480, Subdivision. City Council is final review authority after considering a recommendation from the Planning and Zoning Commission. Public Hearing. â€¢ A certificate of compliance from the Multi-family Replacement Program pursuant Land Use Code Section 26.530, Resident Multi-Family Replacement Program. Review is by the Community Development Director in conjunction with a building permit review. â€¢ A growth management review for the development of affordable housing pursuant to Land Use Code Section 26.470.040(C)(7), Affordable Housing. The Planning and Zoning Commission is the final review authority. P&Z granted approval with conditions. â€¢ Special review approval to increase the allowable FAR for free-market residential from .75:1 FAR to 1:1 FAR pursuant to 26.710.180.C.10 - Floor Area Ratio for Mixed-Use Zone District. The Planning and Zoning Commission is the final review authority. P&Z granted approval with conditions. â€¢ Condominiumization is a subdivision exemption that requires approval of the Community Development Director pursuant to the Land Use Code Section 26.480.090, Condominiumization. Review is by the Community Development Director upon substantial completion of construction. However, the proposed Ordinance acknowledges this approval for a future date. PROJECT SUMMARY: The Applicant has requested approval to raze the existing six (6) unit multi-family building located at 719 East Hopkins Avenue and replace it with a new five (5) unit building containing two (2) free-market and three (3) deed-restricted residential units. The affordable housing is proposed as two (2) studio units and one (1) two-bedroom unit. The property contains approximately 6,000 square feet of lot area and is located in the MU Zone District. The existing and proposed structures are as follows: Existing MU Zone Requirement Proposed Structure Structure Units 6 No Requirement/limit 5 Bedrooms 7 Minimum of 3.5 4 bedrooms for affordable bedrooms as affordable housing. housing' Gross square feet 4,597 s.f. No Requirement/limit 8,575 s.f. ~ The Multi-Family Housing Replacement Program requires the replacement of 50% of the original units, bedrooms and net livable square footage as affordable housing. 2 Net livable 3,178 s.f. Minimum of 1,589 s.f. as 1,659 s.f. as affordable square feet affordable housingl housing. Floor Area - 3,919 s.f. 12,000 s.f. 6,258 s.f. Total Floor Area - FM 3,919 4,500, which can be 6,000 Res. increased to 6,000 through Special Review Floor Area - AH 0 s.f. No Requirement/limit 258 s.f.2 Res. Parking 0 spaces 1 space per unit. Deficient 2 spaces for each free- parking may be market unit. 0 spaces for maintained. each affordable housing unit. Minimum Lot 6,000 s.f. 6,000 s.f. 6,000 s.f. Size Minimum Lot 60 Feet 60 Feet 60 Feet Width Front Yard 11.8 Feet 10 feet, which may be 10 feet Setback (North) reduced to 5 feet through special review. West Side Yard 5 Feet 5 Feet 5 Feet Setback East Side Yard 7.5 Feet 5 Feet 5 Feet Setback Minimum Rear 11 Feet 5 Feet 5 Feet Yard Setback Maximum Unknown. 32 Feet (parcel density Z 32 Feet Height (Staff one unit per 1,500 s. f. of estimates lot area). variation between 15 and 20 feet.) STAFF COMMENTS: Subdivision: The Applicant is requesting subdivision approval, including condominiumization, because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 2 258 square feet is the FAR measurement. The affordable housing component of the project represents 1,659 net livable square feet and a gross area of 2,252 square feet. 3 26.480.050, Review Standards. Staff feels that the proposal is consistent with the infill development goals established in the 2000 Aspen Area Community Plan. Staff further believes that the site subject to the proposal is suitable for development and contains no known geologic hazards and currently contains residential uses. Staff has included, as a condition of approval, that the applicant work with the staff to provide a detached sidewalk and tree planting area with trees along the Hopkins Avenue frontage. This is a requirement of subdivision and staff is recommending that a design be filed with the plat. The grade of the adjoining property will not make this an easy task and staff has worded the condition to allow some flexibility (condition #2). Subdivision approval may be approved, approved with conditions, or denied by City Council based on the criteria found in Exhibit A. Staff believes the criteria have been met by this application and staff is recommending approval. P&Z recommended approval o f the subdivision request. Multi-Family Replacement Program: When demolishing existing multi-family residential dwelling units, if the units were ever lived in by local, working residents, replacement units are subject to the terms of the multi-family replacement program provisions as are set forth in Land Use Code Section 26.530, Resident Multi-family Replacement Program. In this situation the Applicant is not proposing to replace as many units as are being demolished, which means that 50% of the number of units, 50% of the number of bedrooms, and 50% of the square footage being demolished must be replaced in the new development as on-site affordable housing pursuant to Land Use Code Section 26.530.040(B), Housing Replacement Requirements: Fifty Percent Replacement. The Applicant is proposing to construct three (3) affordable housing units, consisting of a total of four (4) bedrooms, in order to satisfy a portion of the Multi-Family Housing Replacement Program requirements as outlined above. With the proposed 1,659 square feet of net livable affordable housing area being proposed, the proposal exceeds the minimum affordable housing requirements of the code and staff finds the proposal in compliance. Growth Management Review: Affordable Housing The Applicant requires growth management review for the development of affordable housing. Staff believes that the proposal satisfies the review standards for granting growth management approval to construct affordable housing units. Staff finds that there continues to be a need for the development of additional affordable units in that the overall development ceiling for affordable housing that is established in the growth management section of the land use code has not yet been reached. The Housing Authority Board was disappointed in the subgrade nature of the units and recommended against their approval. The Housing Board also provided a recommended set of conditions to be placed on the approval. P&Z granted approval of the affordable housing units with these additional conditions as recommended by Housing. 4 Development of below-grade affordable housing was recently prohibited in the Land Use Code. This application, however, was submitted well before these recent changes and the affordable housing may be developed below grade. These below-grade units do meet the applicable requirements. Considering the Housing referral comments, staff did and continues to recommend the applicant restudy the design of these units to increase the amount of above-grade space. This would significantly improve the quality of the affordable housing and the quality of the overall project. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshall, Water Department, Aspen Consolidated Sanitation District, Housing Department, and the Parks Department have all reviewed the proposed application and their comments have been included as conditions of approval when appropriate. RECOMMENDATION: Staff recommends adoption of Ordinance No. 20, Series of 2006, upon first reading. For second reading, staff recommends that City Council discuss the sub-grade nature of the affordable housing units. The applicable code permits this type of development, but staff believes the project would be significantly improved if this portion of the development were amended. CITY MANAGER COMMENTS: RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Ordinance No.*3, Series of 2006, upon first reading." ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Application EXHIBIT C - Referral Comments ExHIBIT D - P&Z minutes (to be provided at second reading). 5 Exhibit A SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS Section 26.480.050 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The project satisfies the requirements of the resident multi-family replacement program and provides deed restricted affordable housing within the City of Aspen's municipal boundaries. Staff does not believe that this application conflicts with the goals and objectives of the AACP. Staff finds this criterion to be met. b. The proposed subdivision shall be consistent with the character of existing land uses in the area, Staff Finding Staff believes that the proposed multi-family use is consistent with the land uses in the immediate vicinity which primarily include multi-family buildings. Staff finds this criterion to be met. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding As the application indicates, the surrounding properties are close to fully developed. Therefore, Staff does not believe that the proposal will adversely affect the future development of the surrounding properties. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding The proposed development is in compliance with the MU zone district requirements and meets all other land use regulations. Staff finds this criterion to be met. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because offlooding, drainage, rock or soil creep, mudjlow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. , 6 b. Spatial pattern efjicient. The proposed subdivision shall not be designed to create spatial patterns that cause inefjiciencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding Staff believes that the property is suitable for subdivision. The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. In addition, Staff believes that there will not be a duplication or premature extension of public facilities because the property to be subdivided is already served by adequate public facilities. Therefore, Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented in the application to meet the applicable improvements pursuant to Section 26.580. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The Applicant has is providing to affordable housing units as required by the Replacement Housing Program and meets the affordable housing review standards of the growth management section of the land use code. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing land, which will be paid prior to building permit issuance. Thus, Staff finds this criterion to be met. 7 F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parce!00 zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parceks) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, Â§ 2) Staff Finding The proposed free-market residential units are exempt from growth management because they are replacement units. The Applicant has also concurrently applied for growth management review to construct the proposed affordable housing units. Please see Staff's responses to the review standards for a growth management review for the development of affordable housing. 8 ORDINANCE NO. -~ (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING SUBDIVISION APPROVAL FOR 719 EAST HOPKINS AVENUE MUTI-FAMILY BUILDING LOCATED ON LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-11-003 WHEREAS, the Community Development Department received an application from 719 East Hopkins Avenue, LLC; John R. Louderback, Member; represented by Stan Clauson Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, and condominiumization to construct a multi-family building consisting of two free-market residential units and three deed- restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite o f Aspen, Pitkin County, Colorado; and WHEREAS, the subject property is zoned MU (Mixed-Use); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 7,2006, the Planning and Zoning Commission approved Resolution No. 13, Series of 2006, by a four to zero (4-0) vote, approving with conditions, a Growth Management Review for the development of affordable housing, Special review for an increase to the allowable free-market residential Floor Area, and recommended City Council approve with conditions subdivision and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units located on the subject property; and, WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of 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. Ordinance No. _, Page 1 of 6 Series of 2006 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions, Subdivision review in order to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The Subdivision plat shall include a design for a detached sidewalk and minimum tree planting area, including trees, to be installed along the Hopkins Avenue frontage that is acceptable to the City Engineer and the Community Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements of adjacent properties. The final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Building Moratorium The provisions of Ordinance 19, Series of 2006, shall apply to this approval. The Community Development Department shall be prohibited from issuing a building permit for this project until such time as the provisions of Ordinance 19 are no longer in effect. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. 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 drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. e. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time ofbuilding permit submission. Ordinance No. _, Page 2 of 6 Series of 2006 f. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. h. Accessibility and ADA requirements shall meet the building code requirements. Section 5: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit review. Section 6: Trash/Utility Service Area The trash enclosure, located to the rear of the property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 7: Sidewalks, Curb, and Gutter The sidewalk adjacent to the property shall be installed according to the City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any o f the units within the development. Section 8: Affordable Housing The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority' s Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. Section 9: Fire Mitigation Ordinance No. _, Page 3 of 6 Series of 2006 The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 10: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. Each of the units within the building shall have individual water meters. Section 11: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 12: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, Â· if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. Section 13: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15: Vested Rights Ordinance No. _, Page 4 of 6 Series of 2006 The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code o f the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots E and F, Block 104, City and Townsite of Aspen. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date o f publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 16: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen 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 other specific conditions. Section 17: Ordinance No. _, Page 5 0 f 6 Series o f 2006 This Ordinance 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 18: 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 19: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 20: A public hearing on the Ordinance shall be held on the 22 day of May, 2006, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 21: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of May, 2006. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this day of , Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney Bendon - C:\home\Current Planning\CASES\719EHopkins\Ordinance.doc Ordinance No. _, Page 6 of 6 Series of2006 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 7/4 El 4,4<al 9 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 921/00 , 200_ 1 STATE OF COLORADO ) ) SS. County of Pitkin ) . 4 41 0 1/11 f_-1 l---i MU-/ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: X' i Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained frqm the Community Development Department, which was made of suitable, waterproo f materials, which was not less than twenty-two (22) inches xyide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time o f the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing o f a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. 4 (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part o f a general revision o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description o f, and the notice to and listing of names and addresses o f owners o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments 1411Â«2/flf ~10fature The foregoing "A ffidavit o f Notice" was acknowledged before me ihis ~~ay of Moll,1 200Â£,by 4 Ull.Â£6 Gat , WITNESS MY HAND AND OFFICIAL SEAL . My commission expires: 1-2-S~ a 1 Notary Public 4.. e 2126 0 .. .. . .. ip... 4 O..Â°:Â§) < OF coLO ATTACHMENTS: hly Commission Expires 09/25(2009 COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ** 29 5%14 Am E E 2 = 8 & M 1 & 2 = 0 0 %%@ '9 - 2&% Eat : U g 8-1 2 3&%81: Ma:%2&. M = Â¥ s .le E E E- 3 . 3=lfati==A 1.16% 254 M /Â·i 1 1 8 6 1 05 0 E N ..9 -a -9-4*4 11 1 12 8 1 1 71 4 1 1 8 1 3 8 z Z 0 - 2 0 Z 3 3 -2 2 0 . Sunday, N RE: 719 E. HOPKINS MULTI-FAMILY SUBDIV151O3 that a public day. May 22.2006. at ~221'14'112 , ) '99LZ-6 V NG dolat,/a Xuunt[,[itor uadsv ,niapupix (I@PH/S 13[[103 Xt!) uadsv KinueA-(11.[1: s.oldoH Umo 1 1/Mietu-/aij oil; jo ls! 341 ~st,un telue, aiqppjolm -JAY Su[Mdc,H 3 GI L WI, 1,0~BOOZ s! Aliedot >1301Â£1 4 9 3 520-1 se paquisap X3113831 sl pui? opeiato o Â·uadsÂ¥ p juSUmo -/AÂ¥ SUIMIdOH lie) 6 I L Xq pau sÂ·! ,(11/doj< 1403%3ilt Â£ -676 016 41918 00Â·u@dsÂ¥ stit{) petuo:) 'UOUOUUO!14 .134}in) Jo.1 (101 'uadsÂ¥ Â·+19 p.u 009 9 U.Ul}.1/ 3 10 11.eut-, 840Â¢te aqi m luas aq PUBLIC NOTICE i XeiN No X11@@Al setull uadsÂ¥ 241 u! patls!.iqnd PROPOSAL - 1 24% swippe Ief,ls*qd -(1691) 900. IE C. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Chris Bendon, Community Development Director ~~Wl RE: 719 E. Hopkins Multi-Family Redevelopment Subdivision, Growth Management Review for Affordable Housing, Special Review for an increase in Floor Area - Public Hearing continued from 3.7.06 DATE: April 18, 2006 APPLICANT /OWNER: 719 East Hopkins Avenue, LLC. John R. Louderback and Jacqueline M. Louderback. . ..bl fihilimt'% 5*- '%47 - REPRESENTATIVE: Stan Clauson, AICP - Stan Clauson :Illill//2//Illimi '~ ciiae"ililee" Â·Â· <.r Il Associates. . /111311/li,# - JEZEW LOCATION: ...~P-... Fir.. 719 E. Hopkins Avenue. - Lots E and F, Block 104, City and Townsite of Aspen. PHOTO: Existing structure. ZONING: SUMMARY: Mixed-Use (MU) Zone District. The Applicant requests subdivision and associated land use approvals to raze the existing EXISTING LAND USE: six (6) unit multi-family residential complex and Six (6) Unit Multi-Family Residential construct a new multi-family residential structure Building - all free-market. containing two (2) free-market residential units and three (3) affordable housing units. PROPOSED LAND USE: Five (5) Unit Multi-Family Residential STAFF RECOMMENDATION: Building - two (2) free-market and three Approval, with conditions. (3) affordable housing. LAND USE REQUESTS AND REVIEW PROCEDURE: The Applicant is requesting the following land use approvals to redevelop the site: â€¢ Subdivision for the construction of multiple dwelling units pursuant to Land Use Code Section 26.480, Subdivision. City Council is final review authority after considering a recommendation from the Planning and Zoning Commission. Public Hearing. â€¢ A certificate of compliance from the Multi-family Replacement Program pursuant Land Use Code Section 26.530, Resident Multi-Family Replacement Program. Review is by the Community Development Director in conjunction with a building permit review. â€¢ A growth management review for the development of affordable housing pursuant to Land Use Code Section 26.470.040(C)(7), Affordable Housing. The Planning and Zoning Commission is the final review authority. P&Z may approve, approve with conditions, or deny the application. Public hearing. â€¢ Special review approval to increase the allowable FAR for free-market residential from ' .75:1 FAR to 1:1 FAR pursuant to 26.710.180.C.10 - Floor Area Ratio fbr Mixed-Use Zone District. The Planning and Zoning Commission is the final review authority. P&Z may approve, approve with conditions, or deny the application. Public hearing. â€¢ Condominiumization is a subdivision exemption that requires approval of the Community Development Director pursuant to the Land Use Code Section 26.480.090, Condominiumization. Review is by the Community Development Director upon substantial completion of construction. However, the attached resolution acknowledges this approval for a future date. Note - Special review for parking is not required as a deficit of parking may be carried forward through redevelopment. PROJECT SUMMARY: The Applicant has requested approval to raze the existing six (6) unit multi-family building located at 719 East Hopkins Avenue and replace it with a new five (5) unit building containing two (2) free-market and three (3) deed-restricted residential units. The affordable housing is proposed as two (2) studio units and one (1) two-bedroom unit. The property contains approximately 6,000 square feet of lot area and is located in the MU Zone District. The existing and proposed structures are as follows: Existing MU Zone Requirement Proposed Structure Structure Units 6 No Requirement/limit 5 Bedrooms 7 Minimum of3.5 4 bedrooms for affordable bedrooms as affordable housing. housing1 Gross square feet 4,597 s.f. No Requirement/limit 8,575 s.f. Net livable 3,178 s.f. Minimum of 1,589 s.f. as 1,659 s.f. as affordable square feet affordable housingl housing. Floor Area - 3,919 s.f. 12,000 s.f. 6,258 s.f. 1 The Multi-Family Housing Replacement Program requires the replacement of 50% of the original units, bedrooms and net livable square footage as affordable housing. 2 Total Floor Area - FM 3,919 4,500, which can be 6,000 Res. increased to 6,000 through Special Review Floor Area - AH 0 s.f. No Requirement/limit 258 s.f.2 Res. Parking 0 spaces 1 space per unit. Deficient 2 spaces for each free- parking may be market unit. 0 spaces for maintained each affordable housing unit. Minimum Lot 6,000 s.f. 6,000 s.f. 6,000 s.f. Size Minimum Lot 60 Feet 60 Feet 60 Feet Width Front Yard 11.8 Feet 10 feet, which may be 10 feet Setback (North) reduced to 5 feet through special review. West Side Yard 5 Feet 5 Feet 5 Feet Setback East Side Yard 7.5 Feet 5 Feet 5 Feet Setback Minimum Rear 11 Feet 5 Feet 5 Feet Yard Setback Maximum Unknown. 32 Feet (parcel density 2 32 Feet. Height (Staff one unit per 1,500 s. f. of estimates lot area). variation between 15 and 20 feet.) STAFF COMMENTS: Subdivision: The Applicant is requesting subdivision approval, including condominiumization, because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. Staff feels that the proposal is consistent with the infill development goals established in the 2000 Aspen Area Community Plan. Staff further believes that the site subject to the proposal is suitable for development and contains no known geologic hazards and currently contains residential uses. 2 258 square feet is the FAR measurement. The affordable housing component of the project represents 1,659 net livable square feet and a gross area of 2,252 square feet. 3 Staff has included, as a condition of approval, that the applicant work with the staff to provide a detached sidewalk and tree planting area with trees along the Hopkins Avenue frontage. This is a requirement of subdivision and staff is recommending that a design be filed with the plat. The grade of the adjoining property will not make this an easy task and staff has worded the condition to allow some flexibility. Multi-Family Replacement Program: When demolishing existing multi-family residential dwelling units, if the units were ever lived in by local, working residents, replacement units are subject to the terms of the multi-family replacement program provisions as are set forth in Land Use Code Section 26.530, Resident Multifamily Replacement Program. In this situation the Applicant is not proposing to replace as many units as are being demolished, which means that 50% of the number of units, 50% of the number of bedrooms, and 50% of the square footage being demolished must be replaced in the new development as on-site affordable housing pursuant to Land Use Code Section 26.530.040(B), Housing Replacement Requirements: Fifty Percent Replacement. The Applicant is proposing to construct three (3) affordable housing units, consisting of a total of four (4) bedrooms, in order to satisfy a portion of the Multi-Family Housing Replacement Program requirements as outlined above. With the proposed 1,659 square feet of net livable affordable housing area being proposed, the proposal exceeds the minimum affordable housing requirements of the code and staff finds the proposal in compliance. Special Review: Floor Area The Applicant has requested an increase in allowable Floor Area from .75:1 to 1:1 for the free-market residential portion of the development. This is allowed in the MU Zone according to certain standards of review. One standard requires that affordable housing be at least 60% of the additional free-market Floor Area requested. The applicant is requesting a .25:1 expansion of free-market Floor Area, or approximately 1,500 square feet. 60% of this additional area equals 900 square feet. The application proposes approximately 1,659 square feet of affordable housing. Staff finds that this standard is met. Growth Management Review: Affordable Housing The Applicant requires growth management review for the development of affordable housing. Staff believes that the proposal satisfies the review standards for granting growth management approval to construct affordable housing units. Staff finds that there continues to be a need for the development of additional affordable units in that the overall development ceiling for affordable housing that is established in the growth management section of the land use code has not yet been reached. The Housing Authority Board is disappointed in the subgrade nature of the units and has recommended against their approval. In the alternative, the Housing Board provided a 4 , recommended set of conditions to be placed on the approval. Staff has included these conditions in the proposed resolution. Development of below-grade affordable housing was recently prohibited in the Land Use Code. This application, however, was submitted well before these recent changes and the affordable housing may be developed below grade. These below-grade units do meet the applicable requirements. Considering the Housing referral comments, staff is recommending the applicant restudy the design of these units to increase the amount of above-grade space. This would significantly improve the quality of the affordable housing and the quality of the overall project. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshall, Water Department, Aspen Consolidated Sanitation District, Housing Department, and the Parks Department have all reviewed the proposed application and their comments have been included as conditions of approval when appropriate. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission discuss the sub-grade nature of the affordable housing units. The code permits this type of development, but the project would be significantly improved if this portion of the development were amended. In the alternative, the Commission could approve the attached resolution, approving with conditions, the requested growth management review and special reviews for the development of affordable housing, and recommending that City Council approve the requested subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Resolution No. 13, Series of 2006, approving with conditions, a growth management review for affordable housing, special review for floor area, and recommending that the City Council approve, with conditions, the subdivision application for 719 East Hopkins Avenue multi-family development." ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Application EXHIBIT C - Referral Comments 5 Exhibit A SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS Section 26.480.050 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The project satisfies the requirements of the resident multi-family replacement program and provides deed restricted affordable housing within the City of Aspen's municipal boundaries. Staff does not believe that this application conflicts with the goals and objectives of the AACP. Staff finds this criterion to be met. b. The proposed subdivision shaN be consistent with the character of existing land uses in the area. Staff Finding Staff believes that the proposed multi-family use is consistent with the land uses in the immediate vicinity which primarily include multi-family buildings. Staff finds this criterion to be met. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding As the application indicates, the surrounding properties are close to fully developed. Therefore, Staff does not believe that the proposal will adversely affect the future development of the surrounding properties. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with al! applicable requirements of this Title. Staff Finding The proposed development is in compliance with the MU zone district requirements and meets all other land use regulations. Staff finds this criterion to be met. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because offlooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. 6 b. Spatial pattern ejjicient. The proposed subdivision shall not be designed to create spatial patterns that cause ine#iciencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding Staff believes that the property is suitable for subdivision. The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. In addition, Staff believes that there will not be a duplication or premature extension of public facilities because the property to be subdivided is already served by adequate public facilities. Therefore, Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shaN be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented in the application to meet the applicable improvements pursuant to Section 26.580. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements Of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The Applicant has is providing to affordable housing units as required by the Replacement Housing Program and meets the affordable housing review standards of the growth management section of the land use code. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing land, which will be paid prior to building permit issuance. Thus, Staff finds this criterion to be met. 7 F. Growth Management ApprovaL Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parceks) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parceks) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ori No. 44-2001, Â§ 2) Staff Finding The proposed free-market residential units are exempt from growth management because they are replacement units. The Applicant has also concurrently applied for growth management review to construct the proposed affordable housing units. Please see Staffs responses to the review standards for a growth management review for the development of affordable housing. 8 GROWTH MANAGEMENT: AFFORDABLE HOUSING REVIEW CRITERIA & STAFF FINDINGS Section 26.470.040(C)(7), Affordable Housing, of the City Land Use Code provides that development applications must comply with the following standards and requirements. a. Sufficient growth management allotments are available to accommodate the new units, pursuant to Section 26.470.030.C, Development Ceiling Levels. Staff Finding The Applicant's project, as proposed, does not require additional allotments. Replacement units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels. Additionally, affordable housing units do not have an annual allotment cap and the City's inventory of affordable housing still contains significantly less units than the development ceiling of 2,428 affordable housing units. Therefore, Staff finds this criterion to be met. b. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding The project provides affordable housing within the city limits which meets one of the AACP's housing policies. The project is also in compliance with the Multi-family Replacement Program which is outlined in Land Use Code Section 26.530, Resident Multi-Replacement Program. Staff finds this criterion to be met. c The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from The Aspen/Pitkin County Housing Authority shall be required for this standard The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Finding As outlined in the attached memo from the Housing Operations Manager, the Housing Board recommends these units not be approved. The memo states "the Housing Board deemed the three units unacceptable as they were all below grade and no on-site parking is being provided for the employee housing units." This is a significant concern of the Housing Authority and ofthe City. This provision ofthe Land Use Code was recently amended and no new affordable housing units may be sub-grade. This application was submitted well in advance of these recent changes. Staff encourages the applicant to reconsider the entirety of each unit being sub-grade, but does believe that the existing proposal meets the applicable regulations. d. Affordable Housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shaH be provided within the City of Aspen city 9 limits. Units outside the city limits may be accepted as mitigation by the City Council, pursuant to 26.470.040 D.2. Provision of affordable housing through a cash-in-lieu payment shall be at the discretion of the Planning and Zoning commission upon a recommendation from the Aspen/Pitkin County Housing Authority. Required affordable housing may be provided through a mix of these methods. Staff Finding Three (3) on-site affordable housing units will be provided to satisfy the resident multi-family replacement requirements. Staff finds this requirement to be met. e. The proposed units shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. In the alternative, rental units may be provided if a legal instrument, in a form acceptable to the City Attorney, ensures permanent affordability of the units. Staff Finding The Applicant has requested that the deed restricted units be rental units rather than "for sale" units. Although Housing staff would prefer "for sale" units, the Housing Authority has recommended that the units be allowed to be rental units as long as condition is provided that requires that the units be converted to "for sale" units if the unit fall out of compliance with the occupancy requirements of the Affordable Housing Guidelines for more than a year. Staff has also proposed a condition of approval requiring that the Applicant deed 1/10th of 1 percent of an ownership interest in the affordable housing units to ensure that the units will remain affordable. Staff finds this criterion to be met. 10 SPECIAL REVIEW FOR FLOOR AREA INCREASE. D. Increase Of Floor Area. Whenever a special review is conducted to determine an increase in the external Floor Area Ratio, as provided in specified zone districts, the development application is subject to the following criteria: 1. A minimum of sixty (60) percent of the additional floor area shall be affordable housing, with no more than forty (40) percent of the additional floor area intended for other uses. Staff Finding: The increase in free-market housing is permitted to go from .75:1 to 1:1. Other uses have to fit within the overall 2:1 FAR for the property. The increase in this case is proposed to be .25:1 or a total of 1,500 square feet. 60% of this is then 900 square feet and the affordable housing component of the project exceeds this number. Staff finds this criterion to be met. 2. The development complies with the dimensional requirements criteria of section 26.430.040(A) above. 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts including, but not limited to, the effects of shading, excess traffic, availability of parking in the neighborhood, or blocking of a designated view plane. Staff Finding: The staff finds this proposed development to be below the allowable FAR for the site and within the zoning dimensions allowed. Staff has asked the applicant to provide elevations of the project for the hearing. Staff does not expect impacts to be greater than would otherwise be expected as the height, setbacks, floor area, and shading are within the potential build-out scenario for this parcel. The property is not within a view plane. 11 RESOLUTION NO. 13 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW FOR AFFORDABLE HOUSING, SPECIAL REVIEW FOR AN INCREASE IN FREE-MARKET RESIDENTIAL FLOOR AREA, AND RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE SUBDIVISION REQUEST FOR 719 EAST HOPKINS AVENUE MUTI- FAMILY BUILDING LOCATED ON LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-11-003 WHEREAS, the Community Development Department received an application from 719 East Hopkins Avenue, LLC; John R. Louderback, Member; represented by Stan Clauson Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, and condominiumization to construct a multi-family building consisting of two free-market residential units and three deed- restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite ofAspen, Pitkin County, Colorado; and WHEREAS, the subject property is zoned MU (Mixed-Use); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on March 7,2006, the Planning and Zoning Commission approved Resolution No. 13, Series of 2006, by a to C -3 vote, approving with conditions, a Growth Management Review for the development of affordable housing, Special review for an increase to the allowable free- market residential Floor Area, and recommended City Council approve with conditions subdivision and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units located on the subject property; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. P&Z Resolution No. 13, Page 1 0 f 5 Series of 2006 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions, a growth management review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, and recommends that City Council approve the 719 East Hopkins Subdivision and Condominiumization in order to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite o f Aspen, Pitkin County, Colorado. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The Subdivision plat shall include a design for a detached sidewalk and minimum tree planting area, including trees, to be installed along the Hopkins Avenue frontage that is acceptable to the City Engineer and the Community Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements of adjacent properties. The final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. a. The conditions o f approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. d. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The P&Z Resolution No. 13, Page 2 of 5 Series of 2006 Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time ofbuilding permit submission. e. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. g. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time ofbuilding permit review. Section 5: Trash/Utility Service Area The trash enclosure, located to the rear of the property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 6: Sidewalks, Curb, and Gutter The sidewalk adjacent to the property shall be installed according to the City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any ofthe units within the development. Section 7: Affordable Housing The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1 /10 0 f a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period ofmore than year. P&Z Resolution No. 13, Page 3 of 5 Series of 2006 Section 8: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements o f the Fire Marshal. Section 9: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. Each of the units within the building shall have individual water meters. Section 10: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 11: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. Section 12: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 13: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 14: P&Z Resolution No. 13, Page 4 of 5 Series of 2006 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 Planning and Zoning Commission or 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 15: 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 16: 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 ofthe remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of March, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk C:\home\Current Planning\CASES\719EHopkins\PZReso.doc P&Z Resolution No. 13, Page 5 of5 Series of 2006 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Chris Bendon. Community Development Director ~~~600'~ RE: Growth Management Year 2005 Review - Public Hearing Continued from February 28th Reso. No. /1,1 1 , Series 2006 DATE: March 7.2006 SUMMARY: Staff has made no changes to the Febraury 28th memo, resolution or recommendation. Please reference the February 28th packet materials for this continued hearing. ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 24,2006 Gagnon said the PUD Amendment was requesting a decrease in the minimum lot area and decrease in the minimum lot area per dwelling unit for Lot 1 and 2. The PUD amendment also called for 3 smaller homes in a fairly dense area. The key to allowing the lot split was the mitigation of the steep slopes on the north and east property boundaries. Gagnon said the lot split would go to Council and P&Z was the recommending approval. Tygre asked for a map that showed the location of the structures. Gagnon stated there was no development plan or building envelop for that PUD Amendment at this time. Allgaier said that all ofthe dimensional standards were what was approved on the one lot, so any house would have a certain size, setback and would get a building permit for that. Tygre said that she was looking for a site plan with purposed building envelopes. Gagnon said the setbacks were in the area where the homes could be built with relation to the slopes. Allgaier said that the setbacks were included in the resolution under Section 2 Dimensional Approvals; there was not a certain style of house or certain footprint but it had the setbacks. Tygre asked for everything on one piece ofpaper without having to go to three different documents to find out what was allowed on the parcel. Haas showed a drawing of the setbacks. Gagnon stated that could be included as an exhibit in the resolution. Category 7 was selected by staff to make sure the Deed Restricted Unit remain Affordable and remain as a community benefit. The net livable space was 2000 square feet. No public comments. MOTION: Steve Skadron moved to approve Resolution #4, Series of 2006, approving a PUD amendment for property located at 488 Castle Creek Road, with conditions and adding that the map be attached as an exhibit, finding that the review criteria for that application have been met, seconded by Ruth Kruger. Roll call vote: Speck, yes; Wilson, yes; Kruger, yes; Tygre, yes; Skadron, yes. APPROVED 5-0. Meeting adjourned at 6:05 pm. /Â«U,- 5212 ~Ackie Lothian, Deputy City Clerk 6 ASPEN PLANN 1 & ZONING COMMISSIOP _ -EETING MINUTES JANUARY 24,2006 Jasmine Tygre said that she was concerned about the patchwork zoning in this area and she understands Steve's point of not giving up potential lodging possibilities but LP was more designed to preserve an existing lodge use; the lot has never been a lodge use; it was associated with common ownership with an existing lodge use. Tygre said that the north and south sides of Hopkins Street have slightly different characters and the side that' s closest to Shadow Mountain was always more o f a transitional area. Tygre said the fact that the Boomerang might be redeveloped on an existing lodging property was more of what she considered an LP overlay than the parcel across the street, which would not be eligible for LP if it wasn't under the same ownership. Tygre said this particular proposal seems more in keeping with what has been going on in the neighborhood; she said that she would like to see 3 smaller dwellings as recommended by staff. MOTION: Ruth Kruger moved to approve Resolution iii series of 2006 recommending that City Council rezone the vacant "Boomerang Parcel located on the south side of West Hopkins Avenue between South 4th Street and South 5th Street from the R-15 Zone District with a PUD and Lodge Preservation Overlay to the R-6 Zone District and approve a lot split to divide the parcel into Lots 1 and 2 of the Boomerang Lot Split, city and townsite of Aspen with the addition to condition 9 for a smallest turning radius access and the size of the residential units be added. Seconded by John Rowland. Roll call vote: Wilson, yes; Rowland, yes; Speck, yes; Skadron, no; Kruger, yes; Tygre, yes. APPROVED 5-1. Discussion: Skadron stated that he liked the application. PUBLIC HEARING: CASTLE CREEK LOT SPLIT & PUD AMENDMENT Jasmine Tygre opened the public hearing on the 488 Castle Creek Lot Split and PUD Amendment. Notice was provided. Ben Gagnon said there was a vicinity map; the property was located on the left from the hospital turn off; it was about 3/1 of an acre. Gagnon provided the history of this parcel, which was annexed and zoned in 1980; the primary concern by City Council was to have some affordable housing on this site. There was a request for removal of the PUD overlay, which was denied by P&Z and an appeal was not actually processed or brought forward. It allows the lot split with 2 detached single family houses (3,335 square feet and 3,515 square feet) and 1 detached single family deed restricted units (RO 1,500 square feet) or Category 7 (2,000 square feet). 5 ASPEN PLANNING . ZONING COMMISSION MEt CING MINUTES JANUARY 24,2006 discussed with Council because it was an administrative growth management exemption and the code provides 6 options; any one of the options satisfies it. Allgaier said as long as the applicant met certain criteria it was at the applicant's option, but the commission could make a recommendation to council. Tygre said that a lot ofthe commissioners share Brian's concern with the small ADU size and the commission could put this is as a recommendation to council. Haas said it was the code that stated minimum to be above grade and meet all of the other requirements. Skadron said that he had some reluctance to give up the zoning for what ultimately could be moderately priced rooms for 3 single family homes and he was not convinced by what was presented that something couldn't work there that better satisfies the goals of the Aspen Area Community Plan. Skadron said that any change to a zoning should be associated with a higher degree of community benefit. Allgaier stated that the standards to judge the rezoning don't speak to public benefit they really speak to have there been some changed conditions in the neighborhood that might warrant this or changed conditions n the community. Allgaier said there was more residential type of development with Little Ajax next door; there was an existing lodge across the road. Allgaier said it doesn't speak to the public benefit as much as it was in compliance with the Aspen Area Community Plan; the proposed amendment would impact traffic; there were sufficient utilizes in the neighborhood to serve a different type of zoning; in many cases there was a diminished impact versus what the lodge might have. Skadron said he understood that the area would be better served with a lodge even though it would bring more traffic. Ruth Kruger agreed with Steve because she would hate to see a lodging opportunity lost but on the other hand it was her understanding that the use by right, which would be a large duplex would be likely to be built there if the application was denied. Mary Liz Wilson said that she did not object to this project; she would object to a lodge because she uses that pedestrian way and would object to the traffic that a lodge would put on Hopkins. John Rowland said that he could see where Steve was coming from but if you analyze this site it was extremely challenged for any density. Rowland said this lot split was in keeping with the patterns of the neighborhood. Rowland asked that the curb cut be looked at again. Rowland said that he supported this project. Brian Speck said that he also supported the project and dittoed what John said. 4 ASPEN PLANN ; & ZONING COMMISSIO> EETING MINUTES JANUARY 24,2006 proposal was for timeshare or fractionalized with vested rights until 2009. Allgaier stated the new owner brought this application forward. Tygre asked if the parcels could be further split from Lot 1 and Lot 2. Allgaier replied that they could not be split anymore in accordance with this approval; they would have to come back but this lot split would max out their density for the lot sizes there would be no further lot split under this zoning. Haas stated the property was sold and the new owners sought bids on the previous approvals and found they couldn't find financing for that project because of the location of the factional project and the association with the lodge on the other side of the street. Haas stated the lodge units were a separate application with the existing number o f rooms plus the rooms that were supposed to be on this property. Haas said that the R-6 zoning would allow for the single family homes, which fit in the neighborhood. Haas said that with a lot split you can not come in and split an already split lot; one of the provisions for a lot split was that the property had never been subject to a subdivision exemption. Allgaier said the revised resolution doesn't change any lot sizes and Section 11 talks about the trail easement. Mary Liz Wilson asked if the size of the houses included the ADUs. Haas replied that was correct; the ADUs were part of the FAR. John Rowland asked where the 15 foot radius came from. Haas replied that he thought it was engineering design standards. Skadron asked the significance of the vacation of the Lodge PUD approval. Allgaier responded that it clears the record or the way for those entitlements and places new entitlements in place when approved by City Council. Ruth Kruger asked i f the same owners owned the Lodge across the street. Haas replied that currently they did. Kruger asked i f there was an application for the Lodge. Haas stated that it was submitted. No public comments. Brian Speck said that his area of concern was the size of the ADUs, 300 square feet was too small. Tygre stated that the commission could make a recommendation to Council along that line. Allgaier said that the ADU had to meet the housing guidelines. Haas said that this was not something that would be normally 3 ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 24,2006 Jasmine Tygre opened the special meeting of the Aspen Planning and Zoning Commission at 4:35pm. Commissioners Mary Liz Wilson, Steve Skadron, John Rowland, Ruth Kruger and Jasmine Tygre present. Brian Speck arrived at 4:40 pm. Dylan Johns and Brandon Marion were excused. Staff in attendance were Joyce Allgaier, Community Development Deputy Director and Jackie Lothian, Deputy City Clerk. MINUTES The commissioners postponed the reading of the minutes from 1 1/29/05; 12/06/05; 12/13/05 to the next meeting. DECLARATION OF CONFLICT OF INTEREST John Rowland had a conflict on the Castle Creek Lot Split. CONTINUED PUBLIC HEARING (01/17/06): BOOMERANG SOUTH REZONING Jasmine Tygre opened the continued public hearing on the Boomerang South Rezoning; notice had been provided at the last meeting. Joyce Allgaier distributed a revised resolution (with the changes in red). Allgaier utilized the packet information booklet to show the 2 lots that would be reviewed. Allgaier stated the vacant property was across from the existing Boomerang Lodge; the old proposal would be retracted and this would be a new proposal. The property would be rezoned to R-6 with a PUD and Lodge Preservation overlay and creates 2 lots developed with residential use; lot 1 would be 12,237 square feet and lot 2 would be 7,500 square feet. Allgaier spoke o f the vehicular access for Lot 1 that would come from Fourth Street and Lot 2 on Hopkins. Allgaier said the FAR for Lot 1 would be 3,450 square feet for a single family residence and Lot 2 with 2 detached residences totaling 4,274 square feet; the proposal was for 3 smaller residences on the 2 lots. There would be no lodge units in this proposal and there were ADUs or cash-in-lieu fees proposed for each of the units. A trail proposal for the area included widening the trail. Steve Skadron asked when Charlie Paterson's proposal happened. Allgaier replied that it was in 2002. Mitch Haas said that there was an approval and then a whole different application came in because the drawings were incorrect and the next 2 ASPEN PLANN J & ZONING COMMISSIO~ EETING MINUTES JANUARY 24,2006 MINUTES 2 DECLARATION OF CONFLICT OF INTEREST 2 BOOMERANG SOUTH REZONING 2 CASTLE CREEK LOT SPLIT & PUD AMENDMENT 5 1 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Chris Ben(lon. Community Development Director 1 A il/1 RE: 719 E. Hopkins Multi-Family Redevelopment Subdivision, Growth Management Review for Affordable Housing, Special Review for an increase in Floor Area, Special Review for a decrease in Parking - Public Hearing DATE: March 7,2006 APPLICANT /OWNER: 719 East Hopkins, LLC. John R. Lauderback and Jacqueline M. .-- Lauderback. principals. zinilillillililili6 ':25$,0 ' 4 lf...U.. - I . 1 REPRESENTATIVE: -4.--~ ----4. Stan Clauson, AICP - Stan Clauson ........ I 1=,m X! Associates. ./.-//4/ .RET:., .1?14 ir.11*1 LOCATION: 719 E. Hopkins Av ellue. Lots E and F, Block 104, City and Townsite o f Aspen. PHOTO: Existing structure. ZONING: SUMMARY: Mixed-Use (MU) Zone District. The Applicant requests subdivision and associated land use approvals to raze the existing EXISTING LAND USE: six (6) unit multi-family residential complex and Six (6) Unit Multi-Family Residential construct a new multi-family residential structure Building - all free-market. containing two (2) free-market residential units and three (3) affordable housing units. PROPOSED LAND USE: Five (5) Unit Multi-Family Residential STAFF RECOMMENDATION: Building - two (2) free-market and three Discussion and continuation to study the (3) affordable housing. subgrade affordable housing units. LAND USE REQUESTS AND REVIEW PROCEDURE: The Applicant is requesting the following land use approvals to redevelop the site: â€¢ Subdivision for the construction of multiple dwelling units pursuant to Land Use Code Section 26.480. Subdivision. City Council is final review authority after considering a recommendation from the Planning and Zoning Commission. Public Hearing. .1 - ~e,----~ . â€¢ A certificate of compliance from the Multi-family Replacement Program pursuant Land Use Code Section 26.530, Resident Multi-Family Replacement Program. Review is by the Community Development Director in conjunction with a building permit review. â€¢ A growth management review for the development of affordable housing pursuant to Land Use Code Section 26.470.040(C)(7), Affordable Housing. The Planning and Zoning Commission is the final review authority. P&Z may approve. approve with conditions, or deny the application. Public hearing. â€¢ Special review approval to increase the allowable FAR for free-market residential from .75:1 FAR to 1:1 FAR pursuant to 26.710.180.C.10 - Floor Area Ratio for Mixed- Use Zone District. The Planning and Zoning Commission is the final review authority. P&Z may approve. approve with conditions, or deny the application. Public hearing. â€¢ Special review approval to decrease the required parking on the affordable housing units pursuant to 26.515.040 - Special Review of Parking. The Planning and Zoning Commission is the final review authority. P&Z may approve, approve with conditions, or deny the application. Public hearing. â€¢ Condominiumization is a subdivision exemption that requires approval o f the Community Development Director pursuant to the Land Use Code Section 26.480.090, Condoniiniumization. Review is by the Community Development Director upon substantial completion of construction. However, the attached resolution acknowledges this approval for a future date. PROJECT SUMMARY: The Applicant has requested approval to raze the existing six (6) unit multi-family building located at 719 East Hopkins Avenue and replace it with a new five (5) unit building containing two (2) free-market and three (3) deed-restricted residential units. The affordable housing is proposed as two (2) studio units and one (1) two-bedroom unit. The property contains approximately 6.000 square feet of lot area and is located in the MU Zone District. The existing and proposed structures are as follows: Existing MU Zone Requirement Proposed Structure Structure Units 6 No Requirement/limit 5 Bedrooms 7 Minimum of 3.5 4 bedrooms for affordable bedrooms as affordable housing. housing 1 Gross square feet 4.597 s.f. No Requirement/limit 8,575 s.f. Net livable 3,178 s.f. Minimum of 1,589 s.f. as 1,659 s.f. as affordable square feet affordable housing' housing. Floor Area - 3,919 s.1. 12,000 s.f. 6 258 s.f. Total ~ The Multi-Family Housing Replacement Program requires the replacement of 50% of the original units, bedrooms and net livable square footage as affordable housing. 2 Floor Area - FM 3,919 4,500, which can be 6,000 Res. increased to 6,000 through Special Review Floor Area - AH 0 s.f. No Requirement/limit 258 s.f.2 Res. Parking 6 4 spaces 1 space per unit. Fewer 2 spaces for each free- spaces inay be approved market unit. 0 spaces for through Special Review each affordable housing unit. Minimum Lot 6,000 s.f. 6,000 s.f. 6,000 s.f. Size Minimum Lot 60 Feet 60 Feet 60 Feet Width Front Yard 11.8 Feet 10 feet. which may be 10 feet Setback (North) reduced to 5 feet through special review. West Side Yard 5 Feet 5 Feet 5 Feet Setback East Side Yard 7.5 Feet 5 Feet 5 Feet Setback Minimuni Rear 11 Feet 5 Feet 5 Feet Yard Setback Maximum Unknown. 32 Feet (parcel density 2 32 Feet. Height (Staff one unit per 1,500 s.f. of estimates lot area). variation between 15 and 20 feet.) The applicant has proposed four (4) on-site parking spaces for use of the free-market residential units and zero (0) parking spaces for use of the affordable housing units. The applicant has requested Special review to reduce the affordable housing parking with the payment of a cash-in- lieu fee of $90.000. All of the parking spaces are to be accessed from the alleyway. STAFF COMMENTS: SUBDIVISION: The Applicant is requesting subdivision approval, including condominiumization, because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. Staff feels that the proposal is consistent with the infill development goals established in the 2000 Aspen Area Community Plan. Staff further believes that the site subject 2 258 square feet is the FAR measurement. The affordable housing component oftheprojectrepresents 1,659 net livable square feet and a gi-oss area of 2,252 square feet. 3 . to the proposal is suitable for development and contains no known geologic hazards and currently contains residential uses. Staff has included. as a condition of approval, that the applicant work with the staff to provide a detached sidewalk and tree planting area with trees along the LIopkins Avenue frontage. This is a requirement of subdivision and staff is recommending that a design be filed with the plat. The grade of the adjoining property will not make this an easy task and staff has worded the condition to allow some flexibility. MULTI-FAMILY REPLACEMENT PROGRAM: When demolishing existing multi-family residential dwelling units, if the units were ever lived in by local, working residents, replacement units are subject to the terms of the multi-family replacement program provisions as are set forth in Land Use Code Section 26.530, Resident Multi-family Replacement Program. 111 this situation the Applicant is not proposing to replace as many units as are being demolished, which means that 50% of the number of units, 50% of the number of bedrooms, and 50% of the square footage being demolished must be replaced in the new development as on-site affordable housing pursuant to Land Use Code Section 26.530.040(B), Housing Replacement Requirements: Fifty Percent Replacement. The Applicant is proposing to construct three (3) affordable housing units, consisting of a total of four (4) bedrooms, in order to satisfy a portion of the Multi-Family Housing Replacement Program requirements as outlined above. With the proposed 1,659 square feet of net livable affordable housing area being proposed, the proposal exceeds the minimum affordable housing requirements of the code and staff fiiids the proposal in compliance. SPECIAL REVIEW: FLOOR AREA The Applicant has requested an increase in allowable Floor Area from .75:1 to 1:1 for the free- market residential portion of the development. This is allowed in the MU Zone according to certain standards of review. One standard requires that affordable housing be at least 60% of the additional free-market Floor Area requested. The applicant is requesting a .25:1 expansion of free-market Floor Area. or approximately 1,500 square feet. 60% of this additional area equals 900 square feet. The application proposes approximately 1,659 square feet of affordable housing. Staff finds that this standard is met. SPECIAL REVIEW: PARKING The Applicant has requested Special review approval to reduce the parking for the affordable housing units to zero (0) and mitigate the parking through a cash-in-lieu payment of $90,000. Staff does believe the applicant has the physical ability to provide the parking on-,site. Four spaces are proposed. although these are intended only for the free-market units. The Applicant is proposing a cash-in-lieu payment of $90,000. This is money that the City could use to proniote transit use. carshare programs, etc. and there is a public value to this purpose. At the sanie time. the quality of the affordable housing is compromised when no parking is provided. The Housing Office referral recommends that one parking space be provided to the affordable housing component. Planning staff recommends this be assigned to the two-bedroom unit and that a $60,000 payment-in-lieu be provided for the remaining two spaces not being provided. GROWTH MANAGEMENT REVIEW: AFFORDABLE HOUSING 4 The Applicant requires growth management review for the development of affordable housing. Staff believes that the proposal satisfies the review standards for granting growth management approval to construct affordable housing units. Staff finds that there continues to be a need for the development of additional affordable units in that the overall development ceiling for affordable housing that is established in the growth management section of the land use code has not yet been reached. The Housing Authority Board is disappointed in the subgrade nature of the units and has recommended against their approval. In the alternative, the Housing Board provided a recommended set of conditions to be placed on the approval. Staff has included these conditions in the proposed resolution. Considering the Housing referral comments. staff is not supporting the current plan for the affordable housing and is recommending the applicant restudy the design of these units to increase the amount of above-grade space. REFERRAL AGENCY COMMENTS: Ihe City Engineer, Fire Marshall. Water Department, Aspen Consolidated Sanitation District, Housing Department, and the Parks Department have all reviewed the proposed application and their comments have been included as conditions of approval when appropriate. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission give direction to the Applicant on the subgrade nature of tlie affordable housing units (and other elements of the project as applicable) and continue the hearing. In the alternative, the Commission could approve the attached resolution, approving with conditions. the requested growth management review and special reviews for the development of affordable housing, and recommending that City Council approve the requested subdivision and request. RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Resolution No. 016 Series of 2006, approving with conditions, a growth managemeiit review for affordable housing, special review for parking, special review for floor area, and recommending that the City Council approve. with conditions, the subdivision application for 719 East Hopkins Avenue multi-family development." ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Application EXHIBIT C - Referral Comments 5 I I RESOLUTION NO al 3 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW FOR AFFORDABLE HOUSING, SPECIAL REVIEW FOR AN INCREASE IN FREE-MARKET RESIDENTIAL FLOOR AREA, SPECIAL REVIEW FOR A DECREASE IN OFF-STREET PARKING, AND RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE SUBDIVISION REQUEST FOR 719 EAST HOPKINS AVENUE MUTI- FAMILY BUILDING LOCATED ON LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-11-003 WHEREAS, the Community Development Department received an application from 719 East Hopkins, LLC, John R. Lauderback and Jacqueline M. Lauderback, principals, represented by Stan Clauson Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, Special Review for a reduction in the required off-street parking, and condominiumization to construct a multi- family building consisting of two free-market residential units and three deed-restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104. City and Townsile of Aspen, Pitkin County, Colorado: and WHEREAS, tlie subject property is zoned MU (Mixed-Use); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly 11oticed public hearing on March 7.2006. the Planning and Zoning Commission approved Resolution No. 83 Series of 2006, by a to C O vote. approving with conditions. a Growth Management Review for the development of affordable housing, Special review for an increase to the allowable free- market residential Floor Area, Special Review for a reduction in the required off-street parking, and recommended City Council approve with conditions subdivision and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units located on the subject property; and, WHEREAS, the Aspe11 Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and. WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards mid that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, Page 1 of 5 , WHEREAS, the Planning and Zoning Commission 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 OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves wit]1 conditions, a growth management review for the development of affordable housing, Special Review for an increase to the allowable free-market residential Floor Area, Special Review for a reduction in the required off-street parking, and recommending that City Council approve the 719 East Hopkins Subdivision and Condominiumization in order to construct a multi- family building consisting of two (2) free-market residential units and three (3) deed- restricted affordable housing units on the property located at 719 East Hopkins Avenue, Lot E and F, Block 104, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The Subdivision plat shall include a design for a detached sidewalk and minimum tree planting area. including trees, to be installed along the Hopkins Avenue frontage tliat is acceptable to the City Engineer and the Community Development Director. The tree planting area shall be at least 5 feet wide or as otherwise dictated by the grading and improvements of adjacent properties. The final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. a. The conditions of approval printed on the cover page o f the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which niaintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drairlage improvements. d. An excavation-stabilization plan. construction management plan, and drainage and soils reports pursuant to the Building Department' s requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and Page 2 of 5 approval by the City Engineer and Streets Department Superintendent. The Construction Management Plan shall conform to the standards and requirements for construction management plans in effect at the time of building permit submission. e. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. g. Accessibility and ADA requirements sliall meet the building code requirements. Section 4: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the -Mixed-Use CMU) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time o f building permit review. Section 5: Trash/Utilitv Service Area The trash enclosure, located to the rear of the property to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 6: Sidewalks, Curb, and Gutter The sidewalk adjacent to the property shall be installed according to the City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the u11its within the development. The Applicant shall repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any of the units within the development. Section 7: Parking and Cash-in-Lieu One on-site parking space shall be allocated and reserved for the two bedroom affordable housing unit. The lease for the two bedroom unit. or condominium declaration as applicable, shall include the rights for this unit tenant to park in the one specified space. The Applicant shall pay a 011e-time cash-in-lieu of parking fee to the City in the amount of $60,000. Payment shall be made prior to issuance of a building permit. Section 8: Affordable Housing The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the uiiits as Category 2 units. Included in the governing documents shall be language reflecting the potential for the u11its to become ownership units. Page 3 of 5 lf the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County I Iousing Authority prior to the issuance of a certificate of occupancy on any portion of tlie building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as tlie owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. Section 9: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements ofthe Fire Marshal. Section 10: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. Each of the units within the building shall have individual water meters. Section 11: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Be]ow grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more titan one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 12: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transforiner for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and iii the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. Section 13: Exterior Lighting All exterior lighting shall meet the requirements o f the City' s Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: School Lands Dedication Fee Page 4 of 5 .. Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 16: 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 Planning and Zoning Commission or 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 17: 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 18: If any section, subsection. sentence, clause, phrase, or portion of this resolution is for any reason held iiivalid 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 o f the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of March. 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk Page 5 of 5 . Exhibit A SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS Section 26.480.050 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The project satisfies the requirements of the resident multi-family replacement program and provides deed restricted affordable housing within the City of Aspen's municipal boundaries. Staff does not believe that this application conflicts with the goals and objectives of the AACP. Staff finds tliis criterion to be met. b. The proposed subdivision shall be consistent with the character of existing land uses iii the area. Staff FindinK Staff believes that the proposed multi-family use is consistent with the land uses in the immediate vicinity which primarily include multi-family buildings. Staff finds this criterion to be met. c. The proposed subdivision shall not adversely affect the future development of surrou,iding areas. Staff Finding As the application indicates, the surrounding properties are close to fully developed. Therefore, Staff does not believe that the proposal will adversely affect the future development of the surrounding properties. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding The proposed development is in compliance with the MU zone district requirements and meets all other land use regulations. Staff finds this criterion to be met. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because offlooding, drainage, rock or soil creep, mud.flow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. 6 D . Staff Finding Staff believes that the property is suitable for subdivision. The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. In addition, Staff believes that there will not be a duplication or premature extension of public facilities because the property to be subdivided is already served by adequate public facilities. Therefore, Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be providedfor the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the.following conditions have been met: 1. A unique situation existsfor the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justi.ficationÂ·for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented in the application to meet the applicable improvements pursuant to Section 26.580. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide a#ordable housing iii compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The Applicant has is providing to affordable liousing units as required by the Replacement Housing Program and meets the affordable housing review standards of the growth management section of the land use code. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards bursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing land, which will be paid prior to building permit issuance. Thus. Staff finds this criterion to be met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development atiotments have been granted or growth nianagement exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parceks) zoned A.ffor(table Housing Planned Unit Development (AH-PUD) withoutfirst obtaining growth management approvals if the newly created parce!(s) is required to obtain such growth nialiagement approvals prior to 7 development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, Â§ 2) Staff Finding The proposed free-market residential units are exempt from growth management because they are replacement units. The Applicant has also concurrently applied for growth managemeiit review to construct the proposed affordable housing units. Please see Staff's responses to the review standards for a growth management review for the development of affordable housing. 8 GROWTH MANAGEMENT: AFFORDABLE HOUSING REVIEW CRITERIA & STAFF FINDINGS Section 26.470.040(C)(7), Affordable Housing. of the City Land Use Code provides that development applications must comply with the following standards and requirements. a. Sufficient growth maiiagenient allotments are available to accommodate the new units, pursuant to Section 26.470.030.C, Development Ceiling Levels. Staff Finding The Applicant s project, as proposed, does not require additional allotments. Replacement units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels. Additionally, affordable housing units do not have an annual allotment cap and the City's inventory of affordable housing still contains significantly less units than the development ceiling of 2,428 affordable housing units. Therefore, Staff finds this criterion to be met. b. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding The project provides affordable housing within the city limits which meets one of the AACP's housing policies. The project is also in compliance with the Multi-family Replacement Program which is outlined in Land Use Code Section 26.530, Resident Multi-Replacement Program. Staff finds this criterion to be met. c. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from The Aspen/Pitkin County Housing Authority shall be required.for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Finding As outlined in the attached memo from the Housing Operations Manager, the Housing Board recommends these units not be approved. Fhe memo states "the Housing Board deemed the three units unacceptable as they were all below grade and no on-site parking is being provided for tlie employee housing units." Staff finds that this criterion has not been satisfied. d. Affordable Housing required.for mitigation purposes shall be in the form of actual newly built units or buy-down imits. Off-site units shall be provided within the City of Aspen city limits. Units outside the city limits may be accepted as mitigation by the City Council, pursuant to 26.470.040 D.2. Provision of affordable housing through a cash-in-lieu payment shall be cit the discretion of the Planning and Zoning comnzission upon a recommendation from the Aspen/Pitkin County Housing Authority. Required affordable housing may be provided through a mix of these methods. Staff Finding Three (3) on-site affordable housing units will be provided to satisfy the resident multi-family replacement requirements. Staff finds this requirement to be met. e. The proposed units shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. Iii the 9 . alternative, rental units may be provided if a legal instrument, iii a form acceptable to the City Attorney, ensures permanent affordability qfthe units. Staff Finding The Applicant has requested that the deed restricted units be rental units rather than "for sale" units. Although Housing staff would prefer "for sale" units, the liousing Authority has recommended that the units be allowed to be rental units as long as condition is provided that requires tliat the units be converted to "for sale" units if the unit fall out of compliance with the occupancy requirements of the Affordable Housing Guidelines for more than a year. Staff has th also proposed a condition of approval requiring that the Applicant deed 1/10 of 1 percent of an ownership interest in the affordable housing units to ensure that the units will remain affordable. Staff finds this criterion to be inet. 10 4 I SPECIAL REVIEW FOR PARKING REDUCTION A. A Special Review for establishing, varying, or waiving off-street parking requirements may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts onto the on-street parking of the neighborhood, the proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Staff Finding: The project is located downtown and in proximity to transit services. Staff believes that a parking waiver based on the projects location is warranted. 2. An on-site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. Staff Finding: The Applicant has demonstrated the physical capability to develop four parking spaces but has chosen to allocate none of these spaces to the affordable housing units. Staff finds that there is no practical difficulty or resulting undesirable development scenario if more spaces were allocated to the affordable housing units. The Housing Office has suggested on of these four spaces be allocated to the affordable housing units. 3. Existing or planned on-site or off-site parking facilities adequately serve the needs of the development, including the availability of street parking. Staff Finding: Street parking is available in this neighborhood. This is an area to be affected by the expansion of the paid parking program and this should alleviate some of the daytime parking congestion. No planned parking facilities in the area are proposed. 11 4 - SPECIAL REVIEW FOR FLOOR AREA INCREASE. D. Increase of Floor Area. Whenever a special review is conducted to determine an increase in the external Floor Area Ratio, as provided in specified zone districts, the development application is subject to the following criteria: 1. A minimum of sixty (60) percent of the additional floor area shall be affordable housing, with no more than forty (40) percent of the additional floor area intended for other uses. Staff Finding: The increase in free-market housing ispermitted to go from .75:1 to 1:1. Other uses have to fit within the overall 2:1 FAR for the property. The increase in this case is proposed to be .25:1 or a total of 1,500 square feet. 60% of this is then 900 square feet and the affordable housing component ofthe project exceeds this number. Staff finds this criterion to be met. 2. The development complies with the dimensional requirements criteria of section 26.430.040(A) above. 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts including, but not limited to, the effects of shading, excess traffic, availability of parking in the neighborhood, or blocking of a designated view plane. Staff Finding: The staff finds this proposed development to be below the allowable FAR for the site and within the zoiling dimensions allowed. Staff has asked the applicant to provide elevations of the project for the hearing. Staff does not expect impacts to be greater than would otherwise be expected as the height, setbacks, floor area, and shading are within the potential build-out scenario for this parcel. The property is not within a view plane. 12 . I ack-LU-* & MEMORANDUM 1-1101Â¥tus To: Development Review Committee *1 01**49 From: Alex Evonitz, Com. Dev. Engineer Date: January 4,2006 Re: 719 East Hopkins Street Redevelopment Request Attendees; Alex Evonitz, Com. Dev. Eng.; Randy Mosby, Engineering; Chris Bendon, Director of Com Dev; Denis Murray, Building Dept.; Ed VanWalraven, Aspen Fire; Cindy Christensen, Housing; Brian Flynn, Parks; Dylan Johns, Zone 4 Architects; Stan Clauson, SCA, Applicant. The Development Review Committee has reviewed the application at their February 15,2006 meeting and has cornpiled the following comments: Building Department- Denis Murray; â€¢ Common path of egress travel is suspect and needs to be discussed. â€¢ All of the normal permit requirements will be met before the City accepts an application. â€¢ Energy cornpliance requirements are to be submitted for review. â€¢ Unit below grade need to access Hopkins not directly to the alley. â€¢ ICB is required if greater then 4-units and must meet type B-2003 ICC ANSI Accessibility requirernents. â€¢ Sound proofing requirements. â€¢ Access to the public-way needs to be shown on the NE corner of the project after the existing tree is removed. Fire Protection District - Ed VanWalraven: â€¢ The project must be sprinkled and have an alarm system for over 5000 s.f.. â€¢ A separate service is recommended for fire protection and sized so not pumping is required. Engineering Department - Randy Mosby; â€¢ Water and Sanitary service details need to be determined when more engineering details are available. Page 2 of 3 February 15,2006 719 East Hopkins Street â€¢ Sidewalk work needs to be coordinated with the existing walks in place. If any damage occurs full length sidewalk sections need to be replaced. Housing Office - Cindy Christensen: A\W Gat *de reÂ£,U- 406 0'~ UA~.1 â€¢ The AHU in the basement will be a problern. The normal light and ventilation requirements are required. â€¢ No below grade units are recommended. â€¢ Ownership Units are preferred. If they are rentals and the Owners do not comply for one year, they will convert to Ownership Units. â€¢ Parking space should be parallel to the street. The Benedict Cornmons spaces can be used for a negotiated price. Zoning Officer - Attendance not requested; Environmental Health - Attendance not requested; Parking - Attendance not requested; Parks - Bryan Flynn; â€¢ Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence â€¢ Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation along the East side of the house in order to address proper protection of the spruce tree located on the neighbors lot. Vertical excavation will be required and over digging is prohibited in this zone. This note must be ; represented on the building permit set. â€¢ The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accornplished by an experienced tree service company or trained member of the contractor's team. Page 3 of 3 February 15,2006 719 East Hopkins Street â€¢ An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit. Please contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu, on site or off site on the development proposed on Hopkins. â€¢ Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Irrigation, sod, proper drainage, etc... â€¢ Drywell locations should be considered outside of any drip lines in areas that rninirnize root cutting. â€¢ Questions: Â· Does the existing structure have a basement level? â€¢ The pave stone walkway are on grade? Water/Electric - No attendance; Community Development Engineer - Alex Evonitz; â€¢ A current soils report and irnprovement survey is required as part of the building permits application. â€¢ All standard permit requirements must be met before issuance of building permits. â€¢ Excavation Stabilization looks like it will be required. No penetration into the City ROW (road or alley) is allowed. â€¢ Utility riser boxes existing and new that are serving this structure are required to be located on the owner's property and not in the City ROW. â€¢ Please coordinate the professionals working with the team to rnake the permit submittal a complete and consistent package. Aspen Consolidated Waste District - No attendance; 23:6/41 C MEMORANDUM TO: Housing Board. Community Development Department FROM: Cindy Christensen, Operations Manager - Housing THRU: Torn McCabe. Executive Director DATE: March 1.2006 RE: 719 EAST HOPKINS REDEVELOPMENT Parcel ID No. 2737-182-11-003 ISSUE: The applicant is proposing to convert a multi-family building into two townhouses with three deed-restricted units. BACKGROUND: The redevelopment of this property is subject to the Resident Multi-Family Replacement Program as there is history that this has housed working residents. Section 26.530.040.B states that the demolition of such units requires the construction of replacement employee housing consisting of no less than 50 percent of the number of units, 50 percent of the number of bedrooms and 50 percent of the net residential area demolished. The applicant has satisfied this Code section. Currently, there exists on the site approximately 3.178 square feet in residential net livable floor area consisting of six residential units with a total of seven bedrooms. Mitigation would require, at a minimum, three units, three and one-half bedrooms and 1,589 square feet of net livable floor area. The employee housing units being proposed are to be located in the lower level of one of the structures and would be in the form of two studios and one two-bedroom unit comprising a total of 1,659 square feet. The square footage exceeds the requirement of 1,589 square feet. The units are to consist of a 400 square foot studio. a 408 square foot studio, and an 851 square foot two- bedroom unit. These meet the minimum square footages for Category 2 units as stated in the Guidelines. No on-site parking is being proposed for the employee housing units. The applicant is requesting a waiver for three parking spaces through a cash-in-lieu payment of $90,000. The Housing Board would highly recommend that a waiver not be granted and that on-site parking be provided for the employee housiiig units. Ownership units would be preferred, but the applicant is proposing the deed-restricted units as rental units. RECOMMENDATION: The Housing Board reviewed the application at their regular meeting on March 1.2006. Although under the current land use regulations the three employee-housing ullits 1 being proposed satisfy the mitigation requirement and adhere to the Land Use Code, the Housing Board deemed the three units unacceptable as they were all below grade and no on-site parking is being provided for the employee housing units as a waiver is being requested. The Housing staff has been given direction to approach the Community Development Department to reconsider the need to address the location of the employee housing units as what is being proposed is less desirable; i.e., subterranean, locations. If the project is approved as proposed, however, Staff would recommend the following conditions be incorporated into the approval: 1. At least one parking space should be allocated and reserved for one of the three employee- housing units. 2. The three employee housing units shall be classified as Category 2 units. 3. If all of the units are approved as proposed. all o f the units must meet or exceed the requirements for natural light as established in the International Building Code. 4. The units will be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance over a period of more than one year. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. 5. Rental of the units shall be open to all qualified employees of Aspen and Pitkin County and shall not be tied to employment for the free-market component. 6. The governing documents shall be drafted to reflect the potential for the rental units to become ownership units. Since the project is a mixed free-market/deed-restricted project, the assessments shall be based on the value of the free-market unit compared to the deed- restricted unit. This language shall be required in the approval and in the Covenants associated with the project. No changes to this restriction would be allowed without APCHAS approval. 7. The deed-restriction shall be recorded at the time ofrecordation of the Condo Plat and prior to Certificate of Occupancy. 8. APCHA or the applicant shall structure a deed restriction for the units such that 1 /10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority: or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. 2 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 719 E. Hopkins , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 7 March, 2006 STATE OF COLORADO ) ) SS. County of Pitkin ) I, F. L. (Stan) Clauson (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: _3*_ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproo f materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 21 day of February, 2006, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) f--- 712 DATE : 7 M.ch 2006 TIME: 4 0- PLACE: A.,-cllyâ€¢. 1.10 50.â„¢ 4~1- -* 1 PURPOSE: - * 11' 1 ....i. P.2 C-â€ž-- 01 ./ .... 0-10-576'0-4-9- 201.-Â£ Polrle,32_ 4 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners of real property in the area o f the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendmenkn The foregoing "Affidavit ofNotice" was acknowledged before me this,02*' day of FiFARWARY , 2006-,by W.L. -Srkâ€¢.1 C,â€¢u,O ~J WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 4-9-1002 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: 719 E. HOPKINS MULTI-FAMILY REDEVELOPMENT PROPOSAL- PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 7, 2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to review the proposed "719 E. Hopkins Multi-Family Redevelopment". The public hearing will include discussion on the components of the redevelopment plan for this property including, Subdivision, GMQS Exemption, Multi-Family Replacement, Condominiumization and Special Review, required pursuant to Title 26 of the Aspen Municipal Code in order to develop the proposed two free-market town houses and three affordable rental units. The subject property is located at 719 E. Hopkins Avenue and is legally described as Lots E & F, Block 104 of City and Townsite of Aspen, Colorado. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-2765, (or by email at chrisb@ci.aspen.co.us). All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: Hyman Avenue Holdings, LLC c/o Clauson Associates, 200 E. Main St. Aspen, CO 81611 s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on February 17,2005 City of Aspen Account Jam and Smudge Free Printing - www. avery.com ~ AMERVÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® RecA /5 2381 05 1-800-GO-AV 1-ecic&.42*1â‚¬ ANDERSON ANGUS A REVOCABLE ADAM P T ALEXANDER THOMAS L TRUST PO BOX 9066 715 E HYMAN AVE # 27 1201 BERING #7 ASPEN, CO 81612 ASPEN, CO 81611 HOUSTON, TX 77057 ASHTON JONATHAN G ATHLETIC CLUB MGMT SYSTEMS INC BARNETT JERALD PO BOX 26 720 E HYMAN AVE STE 001 500 PRESIDENT CLINTON AVE STE 310 JAMES TOWN, CO 80455 ~ ASPEN, CO 81611 LITTLE ROCK, AR 72201 BARTLETT KATY I BAUM ROBERT E ASPEN RES TRST BAXTER DAVID A 715 E HYMAN AVE #18 PO BOX 1518 PO BOX 1112 ASPEN, CO 81611-2066 STOCKBRIDGE, MA 01262 CRESTED BUTTE, CO 81224 BERGMAN ALAN M BAYLESS GRANT J BERMAN PETER J & ROCHELLE L C/O ALAN M BERGMAN 6864 PEPPERTREE CT 10021 ORMOND RD 10960 WILSHIRE BLVD 10TH FL LONGMONT, CO 80503-7252 POTOMAC, MD 20854 LOS ANGELES, CA 90024 BOGAERT FAMILY TRUST BOOHER ANDREA LYNN BROWN JOEL & ANDREA PO BOX 300792 709 E MAIN STREET #303 585 SHIRLEY RD ESCONDIDO, CA 92030 ASPEN, CO 81611 BIRMINGHAM, MI 48009-1642 BROWN MINDY ROBINSON & STEPHEN BULKELEY RICHARD C & JULIE J BURSTEN GABRIELLA N 801 JOY ST PO BOX 2061 638 VOSS RD RED OAK, IA 51566 ASPEN, CO 81612 HOUSTON, TX 77024 CAVE LEONARD E REVOCABLE TRUST CAVE SANDRA B REVOCABLE TRUST CHOOKASZIAN DENNIS & KAREN 50% 50% 1100 MICHIGAN 12938 PRICES DISTILLERY ROAD 1400 TUCKER LN WILMETTE, IL 60091 CLARKSBURG, MD 20871 ASHTON, MD 20861 CIPOLL]NO NICHOLAS CITY OF ASPEN COATES NELIGH C JR N STRATTON RD BOX 379 130 S GALENA ST 720 E HYMAN AVE STRATTON, VT 05155-0379 ASPEN, CO 81611 ASPEN, CO 81611 COLBY WARD COLORADO MTN NEWS MEDIA COLOSI THOMAS W 715 E HYMAN #20 500 DOUBLE EAGLE CT 715 E HYMAN AVE APT 6 ASPEN, CO 81611 RENO, NV 89511 ASPEN, CO 81611-2099 COORS PHYLLIS M QPRT COWART TRENT E CROSS JUDITH WILLIAM SCOTT COORS TRUSTEE 125 HAYWARD HGTS PO BOX 3388 15481 W 26TH AVE GLENROCK, PA 17327 ASPEN, CO 81612 GOLDEN, CO 80401 AMBIAV-09-008- L Â®09LS weqeB el zes!11:n 5 @AllaAV f~ 1110,Â·RlaAP'AAMAA anirlpt afipinaâ‚¬: p i:=; Afie,]r,nni,Iip nniÂ«=1,11111 Jam and Smudge Free Printing Ill'll" www.avery.com ~ AMERYÂ® 5160Â® Use AveryÂ® TEMPIATE 5160Â® 1-800-GO-AVERY DAILY CONNIE M DALY FRANK & ANNETTE DAMERELL TRUST 715 E HYMAN AVE #14 1555 ASTOR ST 44W 8444 LIMONITE AVE ASPEN, CO 81611 CHICAGO, IL 60610 RIVERSIDE, CA 92509 DELPHINIUM ASSOC DEVINE RALPH R DODEA NICHOLAS T C/O WALTER S BAKER JR 715 E HYMAN #13 715 E HYMAN AVE #19 1022 POTOMAC ASPEN, CO 81611 ASPEN, CO 81611-2063 HOUSTON, TX 77057 DUNAWAY WILLIAM R & BARBARA DOWS PATRICE J DRESNER MILTON H REV LVG TRST ALLEN 1411 9TH ST SW 28777 NORTHWESTERN HWY PO BOX E CEDAR RAPIDS, IA 52404 SOUTHFIELD, MI 48034 ASPEN, CO 81612 EDGE OF AJAX INC EDGETTE JAMES J & PATRICIA ETTLIN ROSS L PO BOX 2202 19900 BEACH RD STE 801 715 E HYMAN AVE # 7 ASPEN, CO 81612 JUPITER ISLAND, FL 33469 ASPEN, CO 81611 FARRELL SCOTT W FELLMAN THOMAS FIGHTLIN JONATHAN D PO BOX 9656 809 NO 96 ST 715 E HYMAN #46 ASPEN, CO 81612 OMAHA, NE 68114 ASPEN, CO 81611-2063 FLINT MARILYN TRUSTEE FLOWERS JUDY R FOX HERB 3945 KIRKLAND CT 715 E HYMAN AVE #1 PO BOX 1355 BLOOMFIELD HILLS, MI 48302 ASPEN, CO 81611-2063 WINTER PARK, CO 80482 FRANKS ROOK GARRITY PATRICK & PAULA GB INVESTMENTS LLC C/O HELEN WRATE CSI CAPITAL MANAGEMENT ATTN BLEILER GRETCHEN E 3414 SEABREEZE LN 445 BUSH STREET - 5TH FLOOR 414C AABC CORONA DEL MAR, CA 92625 SAN FRANCISCO, CA 94108 ASPEN, CO 81611 GLAUSER STEVEN JERRY & BARBARA GLICKMAN ADAM GLEDHILL ROBYN LEE GLAUSER MERCEDES BENZ - C/O C/O ROBERT GLICKMAN BOX 793 10391 WESTMINSTER BLVD 3959 N LINCOLN AVE ASPEN, CO 81612 WESTMINSTER, CO 80020 CHICAGO, IL 60613 GOODING RICHARD L 20% GOODING SEAN A 80% GORGE MICHAEL D C/O PARAGON RANCH INC C/O PARAGON RANCH INC 25300 FRANKLIN PARK DR 5755 DTC BLVD STE 250 620 E HYMAN - #l E FRANKLIN, MI 48025 GREENWOOD VILLAGE, CO 80111 ASPEN, CO 81611 GUBSER NICHOLAS J GURHOLT CHARLES J & VERNE HAYLES THOMAS PO BOX 870 N5999 GURHOLT RD 715 E HYMAN AVE #5 ASPEN, CO 81612 SCANDINAVIA, WI 54977 ASPEN, CO 81611 Abl3AV-09-008-1 009LS Weqeli el zesqnrl Â®09 1 5 Â®AMEiAÂ¥ f~ Illnj ~12,AP AA,AAA mnirlru mAD, 1,=c D 12 DGE, I inar,1,1 In i,nicc:~1,4,111 Jani and Smudge Free Printing - www.avery. com ~ AMEilyÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AV HESSELSCHWERDT BILL & TRISH HEXNER MICHAEL T TRUSTEE HODES ALAN & DEBORAH LYNN PO BOX 1266 1130 SACRAMENTO ST #4 20135 NE 39TH PL BASALT, CO 81621 SAN FRANCISCO, CA 94108-1978 AVENTURA, FL 33180 HOPKINS ST VENTURE HOFFMAN JOHN S 111 HOULIHAN MICHAEL P C/O TED MULARZ 715 E HYMAN AVE #16 490 S GAYLORD ST PO BOX 1328 ASPEN, CO 81611 DENVER, CO 80209 ASHLAND, OR 97520 HYMAN AVENUE HOLDINGS LLC HUNT SARAH J HURST FERN K CB MANAGEMENT PO BOX 1747 715 E HYMAN AVE #22 1060 5TH AVE 605 SHERMAN PKWY ASPEN, CO 81611 NEW YORK CITY, NY 10128 SPRINGFIELD, MO 65801-1747 JOHNSON BARBARA WEAVER LIVING JALILI MAHIR JUSTIS KAREN L TRUSTEE TRUST PO BOX 4150 2555 UNION ST PO BOX 3570 ASPEN, CO 81612 SAN FRANCISCO, CA 94123 LAS CRUCES, NM 88003 KANTAS NICOLETTE KASHINSKI MICHAEL R KRAVITZ MICHAEL C 715 E HYMAN AVE #15 0343 GROVE CT PO BOX 11207 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612-9630 KWIATKOWSKA JUSTYNA LANDA MICHAEL B LANDIS JOSHUA B PO BOX 1904 851 S JOSEPHINE ST 715 E HYMAN AVE #4 ASPEN, CO 81612 DENVER, CO 80209 ASPEN, CO 81611 LAZY J RANCH LLC LANDRY ELIZABETH J LEE GREGORY K & DEBBIE L C/O W R WALTON PO BOX 3036 9777 W CORNELL PL PO BOX 665 ASPEN, CO 81612 LAKEWOOD, CO 80227 ASPEN, CO 81612 LEGNAME RUDI REV TRUST LIEB MADELINE TRUST LUNDGREN DONNA 202 STANFORD AVE 800 E HYMAN AVE #A PO BOX 6700 MILL VALLEY, CA 94941 ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 MAHONEY SHARON A MALLARD ENTERPRISES LP MARTELL FRED & BARBARA PO BOX 11694 317 SIDNEY BAKER S #400 702 E HYMAN AVE ASPEN, CO 81612 KERRVILLE, TX 78028 ASPEN, CO 81611 MAYLE KENNETH D MCCROSKEY PAMELA MCFADDEN GORDON K 715 E HYMAN AVE #3 PO BOX 3123 18519 E VALLEY RD ASPEN, CO 81611-2063 ASPEN, CO 81612 KENT, WA 98032 AMBIAV-09-008-L Â®09ts weqeB el zeslian Â®0915 Â®Al|9'W V~ U-103'Â£10Ae'MAAM aoidel afieinG,q e ia Afipitnormitp :iniÂ«Airli,Ii Jam and Smudge Free Printing - www.avery.com ~ AMENYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY MCGUIRE JOSEPH B MONDRY ELIZABETH K & JOSHUA D NETHERY BRUCE PO BOX 10506 800 E HOPKINS UNIT B-5 715 E HYMAN AVE #25 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-2063 OBEREMBT MARILYN J NOONAN JOHN C OLDS BUNNY OBEREMBT B J 715 E HYMAN AVE #9 2010 3RD ST STE209 PO BOX 11240 ASPEN, CO 81611 SANTA MONICA, CA 90405 ASPEN, CO 81612 PATIO BUILDING COMPANY LLC PATTERSON VICKI POLLOCKWILLIAM HARRISON PO BOX 1066 PO BOX 8523 PO BOX 2421 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 PRICE GAIL PORTEOUS KIMBERLY R RAINER EWALD C/O ASPEN POTTERS INC 734 E HOPKINS 409 E COOPER AVE #4 231 E MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 RODBELL LINDA & ARTHUR ROGER RICHARD R ROSENFIELD LYNNE CARYN 773 FOLLIN FARM LN 16251 DALLAS PKWY 709 E MAIN ST APT 203 GREAT FALLS, VA 22066 ADDISON, TX 75001 ASPEN, CO 81611-2059 ROSS NEIL ROTHBLUM PHILIP & MARCIA RUST TRUST 100 S SPRING ST 624 E HOPKINS AVE 9401 WILSHIRE BLVD #760 ASPEN, CO 81611 ASPEN, CO 81611 BEVERLY HILLS, CA 90212 RYERSON GEORGE W JR SAHN KAREN R SAHR KAREN M 715 E HYMAN AVE #17 715 E HYMAN AVE #11 715 E HYMAN AVE #8 ASPEN, CO 81611 ASPEN, CO 81611-2063 ASPEN, CO 81611 SAKSON DREW SALET PHILIP S TRUST 10/30/02 SCHAEFFER PAUL & JUDY TRUST P O BOX 1625 PO BOX 4897 5200 ENCINO AVE CARBONDALE, CO 81623-4625 ASPEN, CO 81612 ENCINO, CA 91316 SCHEINKMAN NANCY SCHULTZ WILLIAM & LEAH TRST SEID MEL 715 E HYMAN AVE #23 5110 SAN FELIPE RD 381 W 1104 DALE AVE ASPEN, CO 81611 HOUSTON, TX 77056 ASPEN, CO 81611 SHARP TERRI L SHOAF JEFFREY S SIMON JONATHAN H 715 E HYMAN AVE #12 PO BOX 3123 19 W 21STST STE 902 ASPEN, CO 81611 ASPEN, CO 81612 NEW YORK, NY 10010 AMBAV-09-008-L Â®ogt5 :pecle[3 el zes!1!WI L 5 Â®AlliAV Ill [110-)'/LIRAP'AAMM anirlpi afipinag p ia afip-,inonii,Ip unigrairl,1,1 Jam ana )mugge rree rrinring www.avery.com ~J AVERYÂ® 5160Â® Us* AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERv SMART EDWIN J , SPRING STREET PO SMITH JEFFREY L C/O R L STEENROD JR & ASSOC C/O GULFCO LTD 851 S JOSEPHINE ST 2009 MARKET ST 616 E HYMAN AVE DENVER, CO 80209 DENVER, CO 80205-2022 ~ ASPEN, CO 81611 STRIBLING DOROTHY & ' THOMPSON RICHARD P TRAVIS SHELBY J WACHOVIA BANK NA FL0135 , RUSHING JIMMY C 208 E 28TH ST - APT 2G PO BOX 40062 1171 BEACH BLVD N EW YORK, NY 10016 JACKSONVILLE, FL 32203-0062 ' JACKSONVILLE, FL 32250 VANWOERKOM LAURIE VICENZI HEATHER L WAGAR RICH PO BOX 341 715 E HYMAN AVE #10 533 E HOPKINS AVE 2ND WOODY CREEK, CO 81656 ASPEN, CO 81611-2063 ASPEN, CO 81611 WALKER JOHN S WEBB MARSHALL B WHITEHILL STEPHEN LANE PO BOX 11538 PO BOX 216 ~ 5320 W HARBOR VILLAGE DR #201 ASPEN, CO 81612-9537 SHELBURNE, VT 05482 ' VERO BEACH, FL 32967 WHITNEY FAMILY TRUST WHITTENBURG CATHERINE C TRUST ' WH ITTEN BU RG 111 MARITAL TRUST J A 20% ' 80% 629 E MAIN ST 620 S TAYLOR 3011 S TRAVIS ASPEN, CO 81611 AMARILLO, TX 79109 AMARILLO, TX 79109 WOODS FRANK J 111 ZACK ROBERT J JR 205 S MILL ST STE 301A PO BOX 1904 ASPEN, CO 81611 ASPEN, CO 81612 Â®09 LS Â®AllmAY ~ LUO)*.taAeWMAAA - aP!dej efellips e ja eBe,moqnue uolsseidlul AH3AV-09-008-L Â®09ts wecleB el zesHan AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , l./1 9 , Aspen, CO 7-l 91 6 9 9. 0 r k \ SCHEDULED PUBLIC HEARING DATE: -3<-9- I Cfr, , 200 W It - STATE OF COLORADO ) ) SS. County of Pitkin ) I, Â« 1/Pt E-A l ULA C~ 1- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: 2~-Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from tile Community Development Department. which was made of suitable, waterproo f materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of tile posted notice (sign) is attached hereto. Mailing of- notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is iii any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text o f this Title is to be amended. whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise. the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. / LA Jr*,14 3*'fature fh The foregoing "Affidavit of Notice" was acknowledged before me this 27 day of 1;re#VELAAg~ , 200Â®,by James bAd.j- WITNESS MY HAND AND OFFICIAL SEAL â€¢ My commission expires: 1~2Â»<20001 /fL, 6-1 0~L ot Notary Public /52Â»h. ,Â¥*'44)TA,4ffâ‚¬tk 1,3/ + . Â¢ 0 . ATTACHMENTS: V~~1298LAL(~69 44Â¢ ......el.12 0 Nk O F CO\3â‚¬.y' COPY OF THE PUBLICATION -*6*jiss,r i* Commsssion Expires 09/25/2009 PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 3 8 Â£ ~ 1 14 1 5 & Â£ 1 9 1 ' 33 =5 8 ifialititiftE/-% 3 8% = 1 I S e ._-oca/ . 1 avot =NE CU C .2/0.6.5 02,4 k .gre = 2 0 ,-ELI Ed . W S M El . E E Â¢ 0 * . Â·- = c , 9.2 3 2 >, a :> . .0 - O 4, =,1-.0.%:.re U .< m 2 -, .1 2.-2 a _ . I a E I. â‚¬ 8/' .0 . > I " 0. 0. -; I. . w . Eun .: 50 92%&13-*ME 9-0-~-#111â‚¬11~Q -al-W . IN g. 3 1 0, :1& 1, 1 i 8 1 1 1 a 2 1 3 5 #91 1Â£% fil #-3; .4.5212~33%3jigmt 2 E ES: 322 E . 4 - <C Â¢: a ..... I 5*RE:*92%:# 3./ RSÂ£:= : .- . m -0 8 . 2 W 2 :Eof gl Wa -06 RE-EZZE.**Pal@%9 Â£2&1% ..212 2 ILY REDEVELOP- that a pi'Wic reh 7. 2006. nsite of As -6Et (Ol.6) 00 0/3 311 Â·Sau UO,Ssullwo) iumd u*IsÂ¥ 11Â¥ '(snÂ·oyuadsi.!J@q -niqa:! uo Alpal 5, 11 u d sv 341 U! Paqs!1qnd Req') 3184 U[(It 9 /S -!sktld 10 [!rtug qu 04 was aq pmoq eU110; UIal ODU uodsalio) uall!, ket town d g u sion '9.12!.ossÂ¥ UOSI.ID (29*Â£) '9000 '61 Kie PUBLIC NOTICE RE: 719 E. HOPKINS MULTI-FAMILY REDEVELOPMENT PROPOSAL- PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 7, 2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoniiig Commission. Sister Cities Room. City Hall, 130 S. Galena St., Aspen, to review the proposed "719 E. Hopkins Multi-Family Redevelopment". The public hearing will include discussion on the components of the redevelopment plan for this property including. Subdivision, GMOS Exemption, Multi-Family Replacement Condominiumization and Special Review. required pursuant to Title 26 of the Aspen Municipal Code in order to develop the proposed two free-market town houses and three affordable rental units. The subject property is located at 719 E. Hopkins Avenue and is legally described as Lots E & F, Block 104 of City and Townsite of Aspen Colorado. For further information, contact Chris Bendon at the City of Aspen Community Development Department. 130 S. Galena St., Aspen, CO (970) 429-2765, (or by email at chrisbfaci.aspen.co.us). All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: Hyman Avenue Holdings. LLC c/o Clauson Associates. 200 E. Main St. Aspen. CO 81611 s/Jasmine Ture, Chair Aspen Planning and Zoning Commission Published in the Aspen Fimes on February 17,2005 City of Aspen Account CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 719 EAST HOPKINS AVENUE, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Subdivision, GMOS Exemption, Multi-family Replacement Program Certificate of Compliance, and possible Residential Design Standard Variances (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 determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $2.640 which is for 12 hours of Community Development staff time, and if actual recorded 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 APPLICANT By: By: C\A~ vt -4wlc-,il~jc Chris Bendon John R. Louderback,1(lember Community Development Director 719 East Hopkins Avenue, LLC Date: f -2- 1 e W ~ 2 00 f Billing Address and Telephone Number: RETAIN FOR PERMANENT REC ORD Required P.O. Box 11600 Aspen, CO 81612 g:\support\forms\agrpayas.doc 626-705-4138 11/30/04 â€¢Al'â€¢ep ' I.- Â» APPLICATION ,. 719 E. Hopkins Multi-Family Redevelopment 30 December 2005 -- Applicant: 719 East Hopkins Avenue, LLC Location: 719 E. Hopkins Avenue Aspen, CO 81611 I ), An application for Subdivision, GMQS Exemption, Multi-family Replacement Program Certificate of Compliance, and Special Review I , Represented by: Stan Clauson Associates, Inc. 200 E. Main Street Aspen, CO 81611 970-925-2323 â‚¬ , :'. Attachment 1 LAND USE APPLICATION APPUCANT: 719 East Hopkins Avenue, LLC Name: Location: 719 East Hopkins Avenue (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718211003 REPRESENTATIVE: Name: Stan Clauson Associates, Inc Address: 200 East Main Street Phone #: Aspen, CO 81611 PROJECT: Name: 719 E. Hopkins Address: Aspen, CO 81611 Phone #: TYPE OF APPLICATION: (please check all that apply) U Conditional Use D Conceptual PUD U Conceptual Historic Devt. U Special Review U Final PUD (& PUD Amendment) ~ Final Historic Development U Design Review Appeal U Conceptual SPA U Minor Historic Devt. Â® GMQS Allotment U Final SPA (& SPA Amendment) C Historic Demolition Â® GMQS Exemption Â® Subdivision CJ Historic Designation U ESA-8040 Greenline, Stream E Subdivision Exemption (includes D Small Lodge Conversion/ Margin, Hallam Lake Bluff, condomimumization) Expansion Mountain View Plane Lot Split U Temporary Use Â® Other: Off-street Parking; Multi-family Replacement; Lot Line Adjustment O Text/Map Amendment EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) Approximately 3,178 s. f in net livable residential floor area, consisting ofsix residential units with a total of seven bedrooms PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Two town houses and three affordable housing units complying with the Residential Multi-family Replacement Program Have you attached the following? FEES DUE: $ 3.735 Â® Pre-Application Conference Summary Â® Attachment # 1, Signed Fee Agreement Â® Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards m m Attachment 2 Project Overview The owners ofthe property at 719 E. Hopkins Avenue are seeking to convert the present multi-family building into two (2) town houses with three (3) deed restricted units on Lots E and F in the City of Aspen. Close to commercial core, the property is located on a 6,000 s. f. lot within the Mixed Use (MU) Zone District. To comply with the Multi- Family Replacement Requirements, three affordable rental housing units are proposed to be built on-site, in addition to two free-market town houses. This application further requests that the proposed free-market units be condominiumized. It has been determined by Zone 4 Architects that there currently exists on the site approximately 3,178 s. f. in residential net livable floor area, organized as six residential units with a total of seven bedrooms. Because the new development will replace housing deemed to have been used by local working residents ofPitkin County, the applicant is subject to the requirements ofthe Multi-Family Housing Replacement Program. The applicant intends to meet and exceed the code requirements pertaining to Multi-Family Housing Replacement by replacing fifty percent ofthe number ofunits, more than fifty percent ofthe number of bedrooms, and more than fifty percent ofthe square footage of net residential area demolished in the form of deed-restricted affordable housing. This equates to a requirement ofthree (3) affordable housing units, three and one-half (3.5) bedrooms, and 1,589 s. f. of net livable floor area. The affordable housing units would be provided in the form oftwo (2) studios and one (1) two-bedroom unit comprising a total 1,659 s.f., which exceeds the required minimum floor area and bedroom requirements. Located near Aspen's commercial core, the proposed multi-family project will generate additional choices in housing types within the City's boundaries. Moreover, the development will provide sidewalk infrastructure and generally contribute to an improvement ofthe aesthetic qualities ofthe neighborhood. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 1 Land Use Code Standards Chapter 26.430 Special Review 26.430.030 Applicability. Special review shall apply to all development in the City of Aspen designated for special review by the following chapters or sections ofthis title: â€¢ Dimensional requirements (Chapter 26.710 - Zone Districts), â€¢ Replacement of non-conforming structures (Chapter 26.312), â€¢ Reduction of open space requirements in CC zone district (section 575.030(B)), â€¢ Off'-street parking requirements (section 26.515.040), â€¢ Reductions in the dimensions ofutility/trash service areas (section 26.575.060), â€¢ Subdivision standards (section 26.480.050), â€¢ Accessory Dwelling Unit Design Standards (section 26.520), â€¢ Wireless Telecommunications facilities and/or equipment (Section 26.575.130) (Ord. No. 44-1999, Â§3; Ord. No. 47-1999, Â§4; Ord. No. 5-2000 Â§3; Ord. No. 42-2003, Â§11)) Response: The applicant requests m increase the allowed FAR from .75:1 to 1:1 as allowed under the MU Zone District through Special Review to utilize the additional 1,500 s. f. foraffordable housing. This project willfully mitigate all ajfordable housing requirements by providing on-site housing without any cash-in-lieu provisions. 26.430.040 Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. D. Increase of Floor Area. Whenever a special review is conducted to determine an increase in the external Floor Area Ratio, as provided in specified zone districts, the development application is subject to the following criteria: 1. A minimum of sixty (60) percent ofthe additional floor area shall be affordable housing, with no more than forty (40) percent ofthe additional floor area intended for other uses. Response: Allofthe 1,500 s. f in additional floorareawill beutilized for affordable housing. A total of 1,659 s. f will be constructed as three (3) on-site affordable housing units, which will consist of two (2) studios and one (1) two-bedroom unit. The two studios will each provide the minimum 400 s. f and the two-bedroom unit 850 s. f for Category 2 deed-restricted units. Specifically, the units will consist of a 400 s.f. studio, a 408 s.f. studio, and an 851 s.f. two-bedroom unit. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 2 2. The development complies with the dimensional requirements criteria of section 26.430.040(A) above. Response: This proposed multifamily development will comply with all necessary dimensional requirements, such as mass, height, density, conftguration, amount of open space, landscaping and setbacks. The project will be compatible with the existing neighborhood since it is replacing an existing multi-family structure, and will enhance the character of the surrounding land uses through updated architecture and a unified building. Located in the MU Zone District, this building will act as a transitional element between the commercial uses of the central core and the neighboring residential neighborhoods. The project will not incur any adverse impacts on the surrounding area. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 3 26.470.040 Types of Development and Associated Process A. Exempt Development The following types of development shall be exempt from the provisions ofthis Chapter. Development exempt from growth management shall not be considered exempt from other chapters ofthe Land Use Code and property owners should consult with the Community Development Department. Where applicable, exemptions are cumulative. 3. Replacement of demolished multi-family residential units. The replacement of demolished multi-family residential units shall be exempt from the provisions ofthis Chapter ifthe requirements ofthe Multi-Family Housing Replacement Program are met. (See Chapter 26.530 - Multi-Family Housing Replacement Program.) Replacement units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030. The development of additional residential units, beyond those merely being replaced, shall be subject to this Chapter. Also see Reconstruction Limitations, Section 26.470.070. Response: The applicant will comply with all requirements of the Multi-Family Housing Replacement Program per the City of Aspen I.,and Use Code. A total of three (3) affordable housing units will be provided to mitigate for the demolishment of multi-family residential units. These units will consist oftwo (2) studios and one (1) two-bedroom. C. Planning and Zoning Commission Review. The following types of development shall be approved, approved with conditions, or denied by the Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for Review, and the criteria for each type ofdevelopment described below. Except as noted, all Planning and Zoning Commission growth management approvals shall be deducted from the respective Annual Development Allotments and Development Ceiling Levels. 7. Affordable Housing. The development of affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the new units, pursuant to Section 26.470.030.C, Development Ceiling Levels. Response: Because thefive proposed units willbe replacing an existing six units, no additional growth management allotments are required. The project meets the requirements for a Growth Management exemption. b) The proposed development is consistent with the Aspen Area Community Plan. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 4 Response- The proposed project is consistent with the Aspen Area Community Plan since the multi-family development will provide more variety in housing options, including deed-restricted a#ordable housing, and enhance the community character by increasing opportunities of social interaction act since the development will act as a transitional piece between the commercial core and surrounding residential neighborhoods. Moreover, the development furthers the goals of Growth Management by redeveloping and keeping residential housing in close proximity to the downtown core. c) The proposed units comply with the Guidelines ofthe Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board ofDirectors. Response: The qffordable housing units proposed with this application will comply with the Aspen/Pitkin County Housing Authority Guidelines for Category 2 units. The two studios will consist of approximately 400 s. f each while the two-bedroom unit will consist of 850 s. f., which meets the size requirements for Category 2 net livable area. d) Affordable Housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City of Aspen city limits. Units outside the city limits may be accepted as mitigation by the City Council, pursuant to 26.470.040.D.2. Provision of affordable housing through a cash-in- lieu payment shall be at the discretion ofthe Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. Required affordable housing may be provided through a mix ofthese methods. Response: Three on-site deed restricted units will be provided as part ofthis development to provide the affordable housing mitigation per the City of Aspen Land Use Code. e) The proposed units shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. In the alternative, rental units may be provided if a legal instrument, in a form acceptable to the City Attorney, ensures permanent affordability ofthe units. Response: The three affordable housing units proposed with this application will be deed restricted Category 2 rental units per Aspen/Pitkin County Housing Authority Guidelines. A legal instrument in a form acceptable to the city Attorney will be executed to provide the Aspen Pitkin County Housing Authority a legal interest in the qffordable housing units and thereby assure their permanent affordability. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 5 Chapter 26.480 Subdivision 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Response: The proposed subdivisionfor purposes of condominium ownership is consistent with the Aspen Area Community Plan. The developmentfurthers the goal of growth management by redeveloping and keeping residential housing in close proximity to the downtown core. At the same time, the location of the development amid mixed- uses enhances the community character by increasing opportunities of social interaction. The mix ofqjfordable housing and free-market town houses will offer a greater variety of housing options to the Aspen community. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Response: The proposed subdivisionfor purposes of condominium ownership will permit the redevelopment of the multi-family building. The new town houses and affordable housing units will serve as a transitional piece between the commercial and residential uses. As a consequence, the project will serve the purpose of the underlying MU Zone District and complements the existing residences in the neighborhood. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Response: The proposed subdivisionfor purposes of condominium ownership will not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Response: The applicant will comply with allapplicable requirements of this Title. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snow slide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare ofthe residents in the proposed subdivision. 719 E Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 6 Response- The proposed subdivision is on land suitable for development. No known hazards exist on or near the site, which is already used as residential development and is part of an existing neighborhood consisting of commercial and residential buildings. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Response: The proposed development will not cause any inefficiencies, duplication, or premature extension of public facilities and unnecessary public costs. All infrastructure is already in existence to service the site. C Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) ifthe following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Response: No special review for variations in subdivision improvements is requested, and improvements will be provided as part of the proposed subdivision per Chapter 26.580. The applicant will supply all the subdivision improvements that are required per the City of Aspen Land Use Code. Specific improvements will include sidewalks and street tree plantings. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements ofChapter 26.470, Growth Management Quota System. Response: This application will comply ivith the Housing Replacement Requirements which requires that no less than 50% of the number ofunits, 50% ofthe number of bedrooms, and 50% of the net residential square footage being demolished will be constructed as deed-restricted affordable housing. Thisprojectwillbe required to provide three (3) affordable housing units, consisting of three and one-half (3.5) bedrooms and 1,589 net livable area to meet the Housing Replacement Requirements. The proposed development will meet and exceed these requirements by providing three rental Category 2 deed restricted affordable housing units, consisting of a total of 1,659 s. f in net livable Boor area, in the form of two studios and one two-bedroom unit. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 7 E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Response: The school land dedication will be provided as cash-in-lieu for each of the proposed residential units per City of Aspen standards. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AlI-PUD) without first obtaining growth management approvals if the newly created parceks) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, Â§ 2) Response: As part of this application, the applicant requests GMQS exemption approval for the qffordable housing component of this project in addition to a GMQS exemption for replacement of demolished units. The proposed development will comply with all the necessary growth management requirements per the City of Aspen Land Use Code. 26.480.070 Subdivision agreement. A. General Prior to approval of a subdivision, the applicant and City Council shall enter into a subdivision agreement binding the subdivision to any conditions placed on the development order. Response: The applicant will provide a subdivision agreement per City of Aspen regulations. 26.480.090 Condominiumization. A. General Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision plat reflecting all condominiumized units, or that portion of the development to be condominiumized, shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions of this section. Response: This applicationis requesting for approval to develop two (2) town homes and three (3) a#ordable housing units. The residential units should be owned separately. Thus, it is requested to condominiumize the property. B. Procedure. A development application for a condominiumization shall be reviewed and approved, approved with conditions, or denied by the Community Development Director, pursuant to the procedures and standards in this section and Common Development Review Procedures set forth at Chapter 26.304. No condominiumization 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 8 shall be approved by the Community Development Director unless compliance with all application portions ofthis Section, applicable portions ofthis Chapter, and applicable portions ofthis Title are demonstrated. Response: This project willcomply with allnecessary requirements for condominiumization per the City of Aspen Land Use Code. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 9 Chapter 26.515 Off-Street Parking 26.515.010 General provisions. A. General requirements. All development shall be provided with off-street parking as provided in this Chapter. C. Off-street parking calculation. All requirements for off-street parking for residential dwellings and lodges shall be calculated based on the number of units. Requirements for off-street parking for commercial uses shall be calculated based on the net leasable area of the structure or use. Requirements for all other land uses not considered residential, lodging, or commercial shall be established by Special Review. Response: The development will provide four off-street garaged parking spaces for the free-market units. This provision of parking willmeet the requirement for two of the five (5) required off-street parking spaces that the City of Aspen Land Use Code requires for the proposed multi-family development. The remaining parking requirement is requested to be met through Special Review for a cash-in-lieu payment. Only residential uses are proposed for this site. D. Required number of spaces when fractional spaces computed. When any calculation of off-street parking results in a required fractional space, said fractional space may be paid through a cash-in-lieu payment or an entire space may be provided on the site. Response: Nofractional spaces occurfor this proposed multi-family development. 26.515.030 Required number of off-street parking spaces. Off-street parking spaces shall be provided for each use according to the schedule, below. When-ever the off-street parking is subject to establishment by adoption of a Planned Unit Development Final Development Plan, that review shall be pursuant to Section 26.445, Planned Unit Development. Whenever the parking requirement shall be established through a Special Review, the standards and procedures set forth at Section 26.515.040, below, shall apply. Whenever the parking requirement may be provided via a payment in lieu the standards and procedures set forth at Section 26.515.050, below, shall apply. An existing deficit ofparking may be maintained when a property is redeveloped. Response: Four (4) off-street parking spaces will be provided for two ofthe units. This ~ will meet the requirement for two of the five (5) spaces as required for the multi-family development composed Of two town houses and three a#ordable housing units. The proposed development is located in the MU Zone District where one o#-street parking space per residential unit is required. 26.515.040 Special Review Standards. Whenever the off-street parking requirements of a proposed development are subject to Special Review, an application shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304, and be 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 10 evaluated according to the following standards, Review is by the Planning and Zoning Commission. If the project requires review by the Historic Preservation Commission and the Community Development Director has authorized consolidation pursuant to Section 26.304.060.B, the Historic Preservation Commission shall approve, approve with conditions, or disapprove the Special Review application. A. A Special Review for establishing, varying, or waiving off-street parking requirements may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The parking needs ofthe residents, customers, guests, and employees ofthe project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts onto the on-street parking of the neighborhood, the proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. 2. An on-site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. 3. Existing or planned on-site or off-site parking facilities adequately serve the needs ofthe development, including the availability of street parking. Response: Parking requirements for two (2) of thefive units willbe provided as off- street parking spaces. For the other three (3) parking spaces, the applicant requests a waiver and provision through cash-in-lieu payments, which would equal to $90,000. These three parking spaces are for the affordable housing units which will house the employees working in the City of Aspen or Pitkin County. Since the location of the proposed development is in close proximity to downtown Aspen, they would be able to easily walk or travel by RFTA to their work destinations and other essential services. On-street parking is also available at this location. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 11 Chapter 26.530 Resident Multi-Family Replacement Program 26.530.010 Purpose and Intent. The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing types, including those affordable by its working residents. However, because of Aspen's attractiveness as a resort environment, and because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings currently providing resident housing for tourist and second home use. Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen work force. Given the extremely high cost of and demand for market- rate housing, resident housing opportunities for displaced working residents, which are now minimal, will continue to decrease. Preservation ofthe housing inventory and provision of dispersed housing opportunities in Aspen have been long-standing planning goals of the community. Achievement of these goals will serve to promote a socially and economically balanced community, limit the number of individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting and prevent exclusion of working residents from the city's neighborhoods. In the Aspen Area Community Plan the city has established a goal that affordable housing for working residents be provided by both the public and private sectors. The city, through its housing designee, has provided affordable housing both within and adjacent to the city limits. The private sector has also provided affordable housing through the GMQS process. Nevertheless, as a result of the replacement of resident housing with second homes and tourist accommodations, and the steady increase in the size of the workforce required to assure the continued viability of Aspen area businesses and Aspen's tourist based economy, the city has found it necessary, in concert with other regulations, to adopt limitations on the demolition of existing multi-family housing in order to minimize the displacement of working residents, to insure that the private sector maintains its role in the provision of resident housing, and to prevent a housing shortfall from occurring. 26.530.020 Application of Chapter. This Chapter shall apply to the demolition of any resident multi-family housing ("RMF housing"), as defined herein, in the City of Aspen, excluding any parcel consolidated as a Specially Planned Area (SPA). 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 12 For the purposes of this Chapter, demolition of a RMF Housing Unit shall include any development action which constitutes Demolition, as defined, and also any action which penetrates demising walls or floors between RMF Housing Units or which converts a RMF Unit to a non-residential use, independent of whether or not such action is undertaken to combine or rebuild the units or for any other purpose. No owner shall cause the demolition of any RMF housing unit without first obtaining a certificate of compliance or a certificate of exemption in accordance with the provisions of this Chapter. The Community Development Department shall not issue a permit for the demolition of any multi-family dwelling unit unless the owner has obtained either a certificate of compliance or a certificate of exemption issued in accordance with this Chapter. A certificate of compliance or a certificate of exemption shall only be issued by the Community Development Director if the applicant has com-plied with the provisions ofthis Chapter. Any RMF housing unit which is ordered to be demolished by any public agency, including the city, as a result of damage caused by civil commotion or natural disaster shall not be subject to the terms of this Chapter. The City Council, at their discretion, may exempt non-profit agencies or organizations from the provisions ofthis Chapter. 26.530.030 Certificate of compliance/exemption. Any applicant, prior to applying for a building permit from the Community Development Department for the purpose of demolishing any multi-family dwelling unit, must first obtain a certificate of compliance or a certificate of exemption from the requirements of this Chapter. A. Certificate of Compliance In order to obtain a certificate of compliance, the owner shall: 1. Submit to the Community Development Director a statement, certified by the City of Aspen Zoning Officer, declaring the number of RMF housing units, bedrooms, and the net residential area to be affected by demolition. 2. Where required, secure necessary land use approvals and development orders for the project to be developed on the site ofthe demolished building or on such other location as may be approved. 3. Execute a housing replacement agreement with the City o f Aspen setting forth the terms and conditions upon which any replacement housing required by this Chapter shall be developed, which agreement shall be in a form acceptable to the City Attorney. The agreement shall burden the property and be recorded in the records of the Clerk and Recorder of Pitkin County. The obligation to provide replacement housing as set forth in the agreement shall be secured by a bond, letter of credit, or other security acceptable to the City. Response: The applicant requests a Certificate of Compliance for the Multi-Family Replacement Program for the demolition of six multi-family units currently on the site. A 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 13 draft Statement of Compliance for execution by the City of Aspen Zoning OTicer has been provided as an attachment to this application. The existing units consist of 3,178 s. f in net livable residential floor area and seven bedrooms. All the necessary documents are attached, and this development will comply with all necessary requirements in order to comply with the Housing Replacement Program. 26.530.040 Housing Replacement Requirements. B. Fifty Percent Replacement In the event of the demolition of free-market resident multi-family housing and replacement of less than one-hundred (100) percent of the number of previous units and bedrooms as described above, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the number of units, fifty (50) percent of the number of bedrooms, and fifty (50) percent of the square footage of net residential area demolished. The replacement housing meeting this requirement shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.050, Resale Restrictions (below). The remaining units replaced on-site shall not be required to be deed restricted as affordable housing. Response: The applicant will construct replacement housing of no less than jifty (50) percent ofthe number Of units, jiffy (50) percent ofthe number ofbedrooms, andjifty (50) percent of the square footage of the net residential area demolished. This replacement housing will comply with the regulations per the City of Aspen Land Use Code. This project would be required to provide three (3) affordable housing units, three and one- half (3.5) bedrooms, and 1,589 s. f to meet the Housing Replacement Requirements. In fact, the two studios and one two-bedroom unit will consist of more than the minimum amount offloor area, totaling 1,659 s. f ofnet livable floor area and four (4) bedrooms. n C. Location of Replacement Housing Multi-family replacement units shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate and the City Council determines that replacement of the units on-site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maximum number of units on-site which the City Council determines that the site can accommodate and may replace the remaining units off-site, at a location determined acceptable to City Council. When replacement units are proposed to be built off-site, the owner shall be required to obtain a development order approving the off-site development prior to issuance of a Certificate of Compliance for the original parcel. Replacement units may be redeveloped on a separate parcel which is part of a multi- parcel Planned Unit Development that includes the original parcel. In this case, the location of re-development units, both free-market and affordable, shall be determined by the City through adoption of a Final PUD Plan, pursuant to Chapter 26.445. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 14 Response: The new multi-family replacement units will be located on the same site on which demolition will have occurred. Two town houses along with the three on-site affordable housing units will replace the existing multi-family structure. D. Cash-in-Lieu Payment When the owner's affordable housing replacement requirement of this section involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount of a cash-in-lieu shall be determined by the Aspen/Pitkin County Housing Authority according to the applicable Affordable Housing Guidelines. Response: The required three affordable housing units wilibe built on-site. No cash-in- lieu payment is proposed. E. Timing and Quality of Replacement Units. Any replacement units required to be deed restricted as affordable housing shall be issued a Certificate of Occupancy, according to the Building Department, and be available for occupancy at the same time as, or prior to, any re-developed free-market units, regardless of whether the replacement units are built on-site or off-site. Replacement units required to be deed restricted as affordable housing shall contain fixtures, finish, and amenities required by the Affordable Housing Guidelines ofthe Aspen/Pitkin County Housing Authority. Response: The affordable housing units will meet all the guidelines as required by the Aspen/Pitkin County Housing Authority. They will be developed and available for occupancy at the same time as the free-market units. F. Growth Management Replacement Credits. The existing number of free-market residential units, prior to demolition, may be replaced exempt from growth management. The redevelopment credits shall not be transferable separate from the property unless permitted as described above in subparagraph C. Free-market residential units in excess ofthose originally on the parcel shall be subject to growth management, Chapter 26.470. The affordable residential units required to be developed shall be exempt from growth management, provided the units conform to the requirements of this Chapter. Additional affordable dwelling units shall be subject to growth management, Chapter 26.470. (Ord. No. 40-2002 Â§ 2 (part), 2002) Response: The intention of this application is to replace two of the six existing free- market residential units on the same property. The redevelopment credits will not be transferred to another properly. A#ordable housing development consistent with the Multi-Family Housing Replacement Program will be provided and be exempt from growth management. No excess affordable housing units are proposed in this application. 26.530.050 Resale/Rental Restrictions. Replacement units required to be deed restricted as affordable housing shall be "for-sale units" and shall be deed restricted in a form and substance consistent with the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. Such 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 15 deed-restricted units may only be sold in compliance with the current Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. The owner may be entitled to select purchasers, subject to the afore-mentioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. Replacement units required to be deed restricted as affordable housing shall be allowed to be rental units if a legal instrument, in a form acceptable to the City Attorney, shall guarantee their permanent affordability in accordance with the Aspen/Pitkin County Affordable Housing Guidelines. No resale or rental restrictions shall apply to free-market replacement units. Response: The proposed affordable housing units will be deed restricted as Category 2 rental units with appropriate legal instruments in a form acceptable to the City Attorney to ensure their permanent a#ordability. It is the intention of the development that the Condominium Association would continue to own the units, with the right of first placement for qualifying tenants. The three affordable housing units will meet the requirements set forth by the Multi-Family Replacement Program and the affordable housing regulations per the City of Aspen Land Use Code. 26.710.180 Mixed-Use (MU). A. Puipose The purpose ofthe Mixed-Use (MU) Zone District is to provide for a variety of lodging, multi-family, single-family, and mixed-use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, provide a transition between the commercial core and surrounding residential neighborhoods, and to provide a variety of building sizes compatible with the character of the Main Street Historic District. Response: The proposed multi-family development will serve as a transitional element between the commercial core and surrounding neighborhood. At the same time, the project will provide additional variety in housing choices within the City of Aspen. 719 E. Hopkins Avenue, LLC Land Use Application 30 December 2005 Page 16 Attachment 3 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Proj ect: 719 East Hopkins Applicant: John Louderback Location: 719 East Hopkins Zone District Mixed Use (MU) Zone District Lot Size 6,000 Lot Area: 6,000 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Q Proposed: Q Number of residential units: Existing: 6 Proposed: _5 Number ofbedrooms: Existing: 4 Proposed: __8 Proposed % of demolition (Historic properties only): Illa DIMENSIONS: Floor Area: Existing:_3.444 s. f._Allowable:_6,000 s. f.Proposed: 6,000 s. f Principal bldg. height: Existing: Allowable: _32 ft_ _Proposed: Access. bldg. height: Existing: n/a Allowable: n/a Proposed: n/a On-Site parking: Existing: 0 Required: 5 Proposed: 1 % Site coverage Existing: n/a Allowable: n/a Proposed: rda 8/6 Open Space: Existing: 61% _Required: 25%_ Proposed:_ 34%_ Front Setback: Existing:_ 11.8 ft_Required:_ 108 Proposed: 10ft Rear Setback: Existing: _ 11.0 ft _Required: 5 ft _Proposed:_ _5 ft Combined F/R: Existing: 22.88_Required:__ 15# Proposed:_ lEft Side Setback ~ Existing: 5 D Required: -5 ft _ Proposed: _ _5 ft _ Side Setback: Existing: 7.3 ft_Required: 5 8 _Proposed: 5 ft Combined Sides: Existing:_ 12.38 Required: 10 ft Proposed: _ 15 ft Distance Between Existing N/A Required: __10 ft _ ~Proposed: N/A Buildings Existing non-conformities or encroachments: None Variations requested: Reduction of required parking with cash-in-lieu for three (31 spaces. Attachment 4 STAN CLAUSON ASSOCIATES, INC Planning â€¢ Urban Design Landscape Architecture D-ansportation Studies Project Management 30 December 2005 200 EAST MAIN S I REE 1 ASPEN, COLORADO 81611 Mr. Chris Bendon TELEPHONE: 970 925.2323 Community Development Director Fax: 970 920.1628 City of Aspen E-MAH.: info@scaplanning.com WEB www.scaplanning.coin 130 S. Galena Street Aspen, Colorado 81611 Re: Multi-Family Replacement Certification Statement, 719 East Hopkins Avenue Dear Chris: On behalf of 719 East Hopkins, LLC, owner entity for the buildings at 719 East Hopkins Avenue, we are submitting this Certification Statement as part ofour request for approval of a Multi-family Replacement Program Certificate of Compliance. The proposed project at this site will remove the existing structures and provide for a replacement multi-family development consisting of two (2) town houses and three (3) affordable housing units. It has been determined by Zone 4 Architects that the existing structures consist of approximately 3,178 s. Â£ in net livable residential floor area, comprising six residential units with a total of seven bedrooms. These units will be demolished to redevelop the multifamily property at 719 East Hopkins Avenue. The Replacement Requirement generated by this redevelopment would be three (3) units, three and one-half (3.5) bedrooms, and 1,589 s.f. net livable area. The applicant is proposing to comply with the Replacement Multifamily Requirements by providing, in addition to a free market residential component, three (3) on-site affordable housing units, consisting oftwo (2) studios and one (1) two-bedroom apartment with a total of four (4) bedrooms, and 1,659 s. f. of net livable deed-restricted Category 2 affordable housing. This exceeds the minimum floor area and bedroom replacement requirement, and meets all other requirements ofthe Multifamily Housing Replacement Program. ~g tr*yours, ktari-QuJen, AICP, ASLA STAN CLAUSON ASSOCIATES, INC I certify that this is a correct representation of the existing conditions BY Zoning Officer Date City of Aspen Community Development Department f\ : JiN \ Â·r.Â» 1 2.444 PLANNING AiND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS -------- 14 E MAIN ST 0 50 100 .At 1 , 1 16/UÂ« - - Feet *1~~71 1 ?., 11. ..Â»-4 1 S This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change i~,?.t- Spring Street ROSS NEIL --|R~Â» 14' OriginÂ¢@urve 1 ~ depending on the enlargement or reduction. 44â„¢ 4 4 f, ~~ ~83R41.Main ,â€¢,i, i,,,, Copyright 2005 Aspen/Pitkin GIS - 73 , ........ mt-79./.. ..EMAKV '~~ROTHBLUM PHILIP &,MARC[Al ~1IVE87*Atm' 1~Pitkin Row~ 4 ,-â€ž.51:MIC 21 +B~i, 1: ~A.Ah -Ekin; R~ , Ml l" <I'lop'<IR::ENTURE *0.=.9 /6.99 / 09,52.. 4 1 / -.~ ' Larkspur !3 r 1 6 . *15 SP t i. ... E HOPKINS AVE ~ 1 1 68 )1 1 : ..4 j - 1 "91 0~- ~ BOG AERT FAMILY.TRUST,40, EDGETTE JAMES J&PATRICIA ~-'-Â·Â· I 1 .1 %4,- 1 1 64 01 1 y, - Browrstone-Towjhouse#1 Edge of Aj20 29 719 COORS PHYLLIS M Q~RT ,: .1 E LAZY J RANCH LLC n 1 /9/0â„¢1 ~ FELLMAT THOMAS MIWS.944;0'- r- f E HOPKINSsilver City;rownhome, |Â·---1-- * Fellman C rldominium: F##9f*-1 414. /El<.2 + A#i BULKELEY RICHARD C & JULIE J _ STRIBLING DOROTHY & "= ' trgz _ La-1 \ L.1-1 g a 75-1 AL-IEÂ¥-37, j - ~TIO BUILDING COMPANY LLC 1 Â· chatelet:j | ~ 6EBB MARSHALU B -BERMAN PETER'J & ROCHELLE L ~ EFE..1N" j.Â·fÂ·. 15' INR e Tamarawood Buildingy?~ #414Â·, BR0WN MINDY ROBINSON & STEPHEN /FL I - E HYMAN AVE ~MART EDWIN J~ 1 '2Â·' "~~-,i.z42 -- K , 4 ...1 ./ b.Â· J-hpl: -- R 1 1 WH TTENBORG IlIMARITAL TRUST J 312% t ~,43~I~ HYMAN AVENUE HOLDINGS LLC,~- Benedict Co nrÂ·nons _3*H / 1 0.1~ 1 SRRING STREET PO- t . ' ROGER RICHARD R ~ - 4 ablie'.4- 4:0 E<mpt 5 J -1 Z Â£ 'll l7~7"-- i'' 17- 1,%11 ir- 16 ON31$3M S Attachment 5 Attachment 6 ropographic Sumey Lots E G F, Block 104, City of Aspen - LEGEND - 3 Â® Sewer /onbole . Cleolout C @ Drowl Â® Phone Pade'al 0 Elec I.le te, Â¥,V M Voter Voll Â® Gos Mete, AFNe Hydrent Â® Elec Monhole U Elec Box * loter lonhole W .I h Â©lter .ter r 1 it: 1.72, ~ .. ., :14112.!-- ' ' ' ~b , /I 1 NQkG 1 ./9 1, f 1 d Â· Â·--. ': :m 1 1) BASS OF BEARINGS FOR THIS SURVEY IS A /ARING OF S 14Â·50'49-W q......, ' k. , f J.1 BEING MONUMENTED AS SHOWN HEREON BETWEEN THE NE CORNER AND THE SE CORNER OF LOT F. SAID CORNERS :Â·. 1.1 â€¢ Â·Â· - Â· IME'-3 Hopi>,0 Ave 8.00' R-O-W l' 2) THE PROPERTY SHOWN HEREON IS SUBJECT TO ALL EASEMENTS, 'a ' < 1~,1 4.0 1 f RIGHTS-OF-WAYS. OR OTHER RESTRICIONS OF RECORD, AS 5UCH 11[Ms 31 NOTICE ACCORDING TO COLORADO LAW. YOU UUST COMMENCE ANY AFFECT THIS PROPERTY. \ 7= (ort al 1 1. 1 ': I (3) YEARS AFTER YOU DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY LEGAL ACTION BASED UPON ANY DEFECT INI TÂ·H!S SURVEY WITHIN IREE .<wryÂ¥ 1 ACTION BASED UPON ANY DEFECI IN THIS SURVEY BE COMMENCED MORE 1.- 41(/ . . lyla '.1 , 4) RIER CITY SURVEYS WILL NOT BE RESPONSIBLE FOR ANY CHANGES tHAN TEN (10) YEARS FROM TME DATE OF CER In CAION SHOWN HEREIN 11" ; - . .1 MADE TO THIS DOCUMENT AFTER IT LE#TS OUR POSSESSION. ANY COPY 4 fACSIMILE. ETC.. Of THIS DOCUMENT MUST BE COMPARED TO THE 2 gn,EL -- 1' \ 0- d' I * DI '~p \L-~ ORtoINAL SIGNED, SEALED AND DATED DOCUMENT TO INSURE THE 1-- - LIli. 7917- <*& 1:~ lot ACCURACY OF THE NFORNATION SHOâ€¢,1 ON ANY SUCH COPY, AND TO INSURE THAT NO SUCH CHANCES HAVE BEEN MADE 5) ANY SUBSURFACE UnUTiES NOT SHOWN HEREON. WERE NOT MARKED ~~tÂ°â€¢, -m-Yi79097174 60.00' ) Plt ----- 1-- BY APPROPRIATE URITY COMPANES AT THE TIME oF THIS SURVEY <0 , ~ ~ ~ ~~ ~~ ~ ~~ ~ ~ ~ VERIFY BOTH THE LOCATION AND DEPTH OF RESPECRVE UTILITIES CUENT/CONTRACTOR WUST CON,ACT SPECIFIC UNUI COMPANES TO ADDITIONAL SURVEYING WORK WAY I REQUIRED [0 SHOW ANY SUCH . /' 069: c' ye.91 re SUB SURFACE Ul[UT r LOCATIONS ON THIS DRAWING RIVER Cl TY SURVEYS , ~ m ILL NOT BE RESPONSIBLE FOR PROTICION OF SUBSURFACE UTILIPES NOT MARKED ON THE GROUND AT THE TIE OF THIS SURVEY SCALE: 1 INCH = 2000 FEET .0 89 .7.g f i 9 FCALE : 1 NCH â€¢ 10 EET 1190!ix_ Ducription LOTS E & F. BLOCK 104 CITY OF ASPEN COUNT/ OF PITKIN STATE OF COLORADO .1 T| R . Survevor's Certificate *0 94 1 1. DAVID A COOPER, BEING A REGISTERED PROFESSIONAL LAND SURVEYOR p t, LICENSED IN THE STATE OF COLORED. DO HEREBY CERIFY JHAT ON 1 - | THIS DATE. NOVEWEER 2 2005 THIS TOPOGRAPHIC SURVEY WAS 44/1/Â£~*C 'S I UNDER UY Di RECT SUPERVISION AND CHECKING AND THAI IT IS IRUE AND PREPARED BY RIVER Cler SURVEYS. L LC. FOR JOHN LOUDERBACK. 7/9 pe 4 1 CORRECT TO THE BEST OF MY KNOVAE[>CE AND BEUEF 1 THIS WAP WAS PREPARED 'THOUT BENERT OF A CURRENT I,TLE -79/9-2 1 COMMITMENT AND DOES NOT REPRESENT A EN MARCH BY THIS SURVEYOR OR RIVER CITY SURVEYS. LLC Of THE PROPERTY SHOWN 10 lass .......1,0=â€žmr' * ~ L: EASEMENTS OR ENCUMIR"las oF RECORD AnTCTING THUS PARCEL IN 14, X20' -73 - DETERMINE OWNERSHIP COMPATIBILITY WITH ADJOINING PARCELS. OR I k *L Lot e 1 2 I 1 David A Cooper I Colo Reg. PLS- # 29030 <Â· ~l~.64-~ Wood From 1. ~ For, ond on Behalf of Â· Â· 7,Â·' ..eÂ· ,-1, River City Surveys, LLC 'C l\,1- 4 0 ornily Residenre ~ 1 719 re'CO. 796 L ~ 2 / 79)43 Oct/47 4 + T & '. *3 t'** 1 1 1 #9-'--'1 - EE . 1 N75Â°0911'W eo.ocr 4*- Alley (20.90'K-0-W) 42 /UP+s, TA E Id g E-1-4 0 bl job * 5;41 sheet * / d.r, 4 Â· 2-Ge*= 1 Of ~ phone 9709454019 / 1 < fu-970-945-6022 ,/ 0~tted 12/23/2005 09 42 A. / 5, 4. Louderback Aspen Block 104 dw' 19[ Â£0001. 3Â£*06** 'd Attachment 7 Hopkins Ave. 75.00' R-0-W ZONE (4) Autunn A,ple Ash A 7% r rih Concrete Sdew- - ro match 9 91 0 9 *049.*, F - 07, thp~s *d // - 234 . AST HOPKINS ARCHITECTS UC. A8PEN CO lilli 970 . 544 . 3=1 cot,0,0 *uce 4 Â·40 . 4&1let> ~ALL~ T9 '11 "tr~- 7\ 60.00' *Â£ .\*1'.11///./- -,1 - 8511gtll To be Remoed 1 i--Turf Area Ili Basement Â»h*71, #WS A L= =1.1 All - 6-7 i r 1 -, E-11Â§~r 2 L .........1 1,*m,â€¢â€¢â€¢â€¢4 117-r 8osemmt **INW~ --- .- 0.0 173- U//L 1 EW k 01 0 -4 Ar 01 6/, b ~ / 'm' ./- E E "*. fo 1 + 0 lo 01 to i 0 Â¥ -rd ~ 623 ~Â¤}Â« 60 9 0 1 .05 1 00 -n ..0, A FOR APPROVALS ONLY NOT FOR CONSTRUCTION ly- \ -22]-U Â¥rÂ«El_.. / '1â€ž1, "1 [ 5.1/*c. '6*. M S.1,4,~ - Cute Co,er (1*) Er- - - PROGRESS SET _ 16 DECEMBER, 200 h. *E?*1/Atka,#Di.Aaess 4=GaitlgE~ // I- .... T. Â® Â®e Â· SNE PLAN .>-491 ~- Poed Dhe Access 94.1 I 0 -) 9 N75*09'11"W 60.00' .,440 A100 Alley (20.90' R-0-W) SITE PLAN z PREPARED BY : ~~ SITE PLAN 4 ST.1 1 CL,LSOF AS.5(x?1 41}.S, ]Ne ~-~ 1/8"=1'-0" ,/ (970920Â·,t28â€¢ m,1, scaplan,1/9 Comâ€¢ 0,fe*.5*12-g =n 1'10â€¢i,i.1,14 - 1-ait,kÂ¢a~' Ar<kileclu~r 203 Eau Aliw; Supelâ€¢ Asoen Co 81611 (970,925-2323 STAN CLAUSON ASSOCIATES INC I. NOT LIABLE OR RESPONSIBLE FOR ANY CHANGES TO THESE DiAWINGS OR SPECIiCATIONS WTHOUT PRIR WRITTEN AUTHORIZAION 3.6*,09.*iN 'BAV SNINdOH 1SV3 6IL O-010) 'N3dtV ZONE UNIT #1 | 851' | 0 (870. - ARCHITECTS LLI' 234 EAST HOPKINS ASPEN CO e1e12 970 . 544 3541 1 L E-=-- 1 111. .1 U 1. -1-~ [3:FL-1 -1 Al l- - UNIT #2 < 1 1400' I 11 420 2 - -1 1-4 -1 -2-LJ L]* [ft..1- â€ž11 U 1.,1 - -,SI go- ..A W 0 UNIT #3 L i Y L.-Ilrul_r 1 408' 1 3 11-1-E In = 14==14 + 1/4~=1'-0* , f. J 1 :UL_ ~[El; Er 45' x 8.0' fax -755- .le 98 FOR APPROVALS ONLY ' x &0' ,-111 10.0' 5.3' ;00,04 7.0' x 8&-77 NOT FOR CONSTRUCTION 11 11-1 1 "& 11 '1*111 DAiE Wil Â·i* *7 7 715:1 e >Me el81 1 14.5' x 16.5' - LOWER LEVEL FLOOR PLAN 1,5. PROGRESS lEi = 11 11 1 1 17 11 11 - 16 DECEMBER. 1005 D. FLOOR PLAN |868'| |1075' I -. i: ll@1 1-90 4 __fÂ« 1-Â»- A200 h 77%53 410 1 I 15Â¥3 6IL 00~010) 'NidSÂ¥ ' 111 e..,11" 1/ 10]1110" i mel i r, rli laiZll1111ma'ANml~Illi IBIUMM BILI $131- Allmi 1111 ;Ill ZONE L_ 1Â¢C = AROHITEOTS LLO. 234 E AST HOPKINS AePEN 00 81612 970 . 544 3841 22.0' x 21.5' 41/5 22.0' x 21.5' U -J 1 Lli I *03% <4 6.5' ffS' 110' x iO' & _ .' M.--lill"29<.1....t,;hl EE no' x 18.0' lE 22.0' x 18.0' = = . L C 7" j 9 1/4'-1'_0' MAIN LEVEL FLOOR PLAN 115 4' --5â‚¬ * 7-0' - FS**0 '.A x 9.E-- FOR APPROVALS ONLY 6-1 eli NOT FOR CONSTRUCTION 'Ei U 10.5 x 9.0' - 0 3 -9 14 .. 1 DATE . ~25/ 99' - r- 13.0' x 14.0' -- 13.0' x 14.0 -1 '- g p 1 1 n -EAT r PROGRESS SET .. |1264t 1 |13201 16 DECEMBER, 2005 ... 1,6 */ EXEMPnONS W/ EXE,(PTIONS FLOOR MAN :1 6 i A20 I i 4 r 6 11 .1 1. BAV SNINdOH 15V3 6I L 0(~0100 'IlldSÂ¥ 111 jOILE= i mi , L /1 0 11 ZONE ARCHITECTS 234 EAST HOPKINS LLC 24.5' x 16.0' 24.5' x 16.0' 970 844 3841 ASPEN 00 B1/12 1 1. W . 11 0 U -1 0 l_j - Lei -i 24.0' x 15.0' 24.0' x 15.0' -- .00 r-Ir-trm -,mm 1 1 r-l 01 9 8_ - 4.0' x 14.9-' IiÂ· i mEBL 8 8 9 I 1.~4. i| 9 1 ~ _~ 11.5' x 16.5. 11.9 x 16.5' LJ L-f A A ~' 1 -mY I lim[-g 5.0' 45.00 . 7 r CA UPPER LEVEL FLOOR PLAN 5.0' 2 L 91[7 1/4.=1'-O- 1 7 r J L . C &, *10' 1-7/ h 4-11 f/r /1 FOR APPROVALS ONLY Lo' 9.0' 7.0' x 9.cy 7.0' x 9.00 5.0' 9.C ' NOT FOR CONSTRUCTION n n il |i || 1 â€¢-2 DATI 0 -37 1~*. 5, L Mal-k 7.0' x 25. . . 9 x 25.9 7 =-1 - -- 16.)' x 16.0' 16.0' x 13.0' ~~~ PROGRESS SET 1- 1. O 0 D,Â¢ 16 DECEMBER, 2005 ..9 T. 1 1 . 1 11 .1 1 FLOOR PLAN S~.1 0 1706' 1706' A202 0(]1~010) SNINdOH lfV3 6IL , III NI U.)1110" 4 11,01 , 7TI 1DUE)* i Illi 51,2 0 Utop EA. HOPKIN ARCHITECTS LLC. ASPEN CO .1.12 970 . 544 . 3541 U -Li 94 -Li Lu '/lillillilili ///111'll//li////////Ni 0- 0 ilillif, ~h Extsâ„¢.G UPPER LEVEL FLOOR PLAN ~ EXIST]NG IDLE LEVEL FZOOR RAN /h Exâ€žNG BASEMENT FLOOR M.AN LU Ch LOT AREA- 6,00 SF MAX FAR ON LOT- 12,000 SF FREE MARKET RESIDENTIAL- 6.000 9- AFFORDABLE RESIDENUAL- NO RESTRICDONS EXISTING ADLSTED- GROSS UPPER LEVEL. EXISTING RES. BASEMENT AREA WALL AREA â€¢ALL 1,673 S.F. X 100% | 1.673 S.F~ BELOW GRADE MAIN LEVEL 153 153 Ft- DA1' 351 327 2,121 S.F. X 100% | 2,121 &4 153 50 BASEMENT LEVEL 803 if. X 15 60% | 125 S.F.| PERCENTAGE OF WALL BELOW GRADE- 84.40% TOTAL FLOOR AREA TOTAL FAR 4,597 S.F. ~ 3,919 S F~ | EX]SANG NET LIVABLE FOR UVING UNITS ONLY UPPER LEVEL |1,491 S.Fl APPROVALS D= MAIN LEVEL | 1.687 S.Fl 20 DECEMBER, 2005 BASEMENT LEVEL | O S.Fl FLOOR AREA CALCULATIONS TOTAL NET LIVABLE FLOOR AREA 'hâ€ž, I 3,178 S.q EAR I.f 00Â¥W010)'NldiÂ¥ -/ 1. '1 /4 97 : LEGEND 2 111. n HOUSING AREA A llCHITICÂ¥ - 284 EAOT HOPKINI LLC. t' 1% // AIPIN 00 /1/1/ 970 . 844 . 3841 0/Â»53 I. - ':i : .../. ,. l# ' :Illl GARAGE AREA 5 FREE MARKET RESIDENTIAL AREA .'11 44 -1 14% 2 4 3 i . , 1 0 , 3 / 1 0 1 , / 0 0 : 1 , 0 9 -a 0 4 .f - - , TiNA))11~~t ;l///Ute t7.kpmfO"D UPPER Laâ‚¬L FLOOR PLAN U-117 1/'-1'-a -L -ir LOT AREA- 6.00 SF MAX FAR ON LOT- 12,000 SF FREE MARKET RESIDENTIAL- 4.500 (6.000 SF w/ Special rev) AFFORDABLE RESIDENIAL- NO RESTRICnONS PROPOSED FREE WARKET ADJUSTED FAR EBELM&BEEL-BASEMENI &[EQBQABLE.BASEMENI AREA WALL AREA WALL AREA V~LL AREA WN.1 UPPER LEVEL 80-OW GRADE BnOW GRADEE 3,120 S.F. X 100% | 3.120 S.Fl 001 2~ 172 144 20 481 481 MAIN LEVEL 20 20 12 Sm 2,504 S.F. X 100% | 2,504 S.Fl 458 402 1.102 1.914 E m IMET DATE BASEMENT LEVEL Pe*INTAGE OF WALL 1942 S.F. X 6.03% | 117 S.F. | 1.a lE â€¢Elow GRADE- .4.74% PERCENTAGE OF WALL BELOW GRADE- 9197/ GARAGE #1 GARAGE 501 S.F. 501 S.F. =m-2.LEXEMEI 133 S.F. X 100% NET UVABLE FOR AFF. HOUSNG I 126 S.F. | 2 BEDROOM I 851 S.F. I GARAGE #2 GARAGE STUDIO #1 1 400 EF. 1 508 S.F. 508 S.F. STUDIO B (UNIT 3) 1408 S.F. 1 APPROVALS =m_S.E._EXE~EI ... 133 S.F. X 100% AFFORDABLE HOUSING ADDSTED FAR 29 DECEMBER, 2005 I 133 S.F. I MAIN LEVEL M..11. 148 S.F. X 100% |148 S.F. | FLOOR AREA CALCULATIONS TOTAL FLOOR AREA TOTAL FAR BASEMENT LEVEL S-- I 8.575 S.F. 2104 S.F. X 5.26% | 111 S.F. I FAR 1-1 31 1 3 A V S N I Nd 0 H 1 5 9 3 6 I L i - 7" Imt.mm i *,1 : Â·m lumâ€¢oâ€¢ i - 11â€¢ 0 Attachment 8 RECORDAnON REQUESTED BY: VECTRA BANK COLORADO, NATIONAL ASSOCIATION ASPEN BRANCH 534 E. HYMAN ASPEN. CO 81612 514036 Page: 1 of 8 WHEN RECORDED MAIL TO: VECTRA BANK COLORADO, NATIONAL 05/26/2005 03:23 ASSOCIATION COMMERCIAL LOAN CENTER SILVIA DAVIS PITKIN COUNTY co R 41.08 0 0.00 P. 0. BOX 17649 DENVER, CD 80217-0649 SEND TAX NOTICES TO: JOHN R. LOUDERBACK JACQUELINE M. LOUDERBACK 719 EAST HOPKtNS AVENUE ASPEN, CO 81611 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien ot this Deed of Trust shall not exceed ar any ona time 61,950,000,00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated August 18,2005. among JOHN R. LOUDERBACK and JACQUEUNE M. LOUDERBACK, whose address is 719 EAST HOPKINS AVENUE, ASPEN, CO 81611 {"Grantor"]; VECTRA BANK COLORADO, NATIONAL ASSOCIATION, whose address is ASPEN BRANCH. 534 E. HYMAN, ASPEN. CO 81612 treferred to below sometime:; 85 "Lender- and sometimes as "Beneficiary"): and the Public Trustee of PITKIN County, Colorado Ireferred to below as "Trustee"). CONVEYANCE AND GRANT. For vatuable conskdoration, Grantor hereby Irrevocably grants. transfors and assigns to Trustee for the benent of Ler,der a: Bonefklary att of Grantor's right, tide, and interest m and to the following described real property, together with all extsting or subsequently erected or affixed buildings, Improvements and fixtures; all aasement.5, rights of way. and oppurtenances; all water. water rights and ditch rights (including stock In utilities with dilch or irrtgation Fights); end att other rights, royalties, and profits retallng to the real property, including without limitation all minerals. oil. gas. geotharmal and simitar matters, {the "Real Property"} located in PITKIN County, State of Colorado: LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN. The Real Property or its address ks commonly known as 719 EAST HOPKINS AVENUE. ASPEN, CO 81611. The Real Property tax identification number Ps R000057 REVOLVING LINE OF CREDIT. Thls Doed of Trust .ccures the Indebtednes, inctuding. without lirnitation, a revolwlng fine ot credh, whlch obligotes Londor to make advances to Grantor so long as Grantor compnes w}th all the terms of the Note. Grantor presently assigns 10 Lender talso known as Benetiaary in this Dead of Trust} 811 of Grantor's right litle, and interest in and to all present and future leases ot the ProponY and all Rents trom the Property. In addition. Grantor grants to Londer B Unitorm Commercial Code security interest in the Personal Propeny and Rents. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURnY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND 1% PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust Grantor shot] pay to Lender all amounts secured by this Doed ot Trust 85 they become due, and shall strictly and in a timely manner pertorm ati N Grantor's obligations under the Note, this Dad of Trust, and the Rotated Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees thal Grontor's posiession and use ot the Property shall be governed by the lollowing provisions: Posse,Mon and Use. Until the occurrence cl an Event of Detault Grantor may Ill remoin In possession and control 01 the Property: 12) use. operate of manage the Property; and (3) collect the Rents tiom the Property. Duty 10 Maintain. Grantor shall ma ntain the Property m tenantable condition and promptly perform all mpairs, replacements, and maintanance necessary to preserve its voluo. Compliance With Environmental Laws. Grantor fepresents and warrams to Landef that: 11 j During the portod of Grantor's ovinership 01 the Pioperly. thefe has been no use, generation, menulacture. morage, treatment. disposal. relonse or thicatened release of any Hazardous Substance by any person on. under, about or trom the Propeny; 121 Grantor has no knowledge 01, or reason to believe ihal theie has bean, except as previously disclosed to and acknowledged by Lender in writing, (a) onv breach or wolanon 01 any Environmental Laws, tb) any use, ganoratlon, manulacture, slorage, tyeatmont. disposal, release or threatened release ot any Hazardous Substance on, under, about or trom the Property by anÂ¥ prior owners or occupants of the Propony, or W any actual of threatened littgation or claims ot any kind by any person relating to such matters: and (3) Excern as previously disclosed 20 and acknowledged by Lender in writing. lai neither Grantor nor any tenant. contractor, agent of other authorized user 01 the Property shall use. generato, manutacturo, store. treat dispose 01 or release any Hazardous Substance on. under, about or from the Propertv: and {bl any such act~vity uhall be conducted -in compliance with all applicable tederal, state, and local lows, regulattons and ardinonceS, including without lirrutation all Envwonmental Laws. Grantof authonzes Lander and its agents to enter upon the Property to mike such nspecttons and tests. at Grantors expense, as Lender may deem appropriate to deterrnino compliance ol the Property with this section of the Deed of Trust. Any in5pections of tests made by Lende, shall be toi Landees purposes only and shall not be construed to create any responsibility of liabinty on the pan of Lender to Grantor of to any other person. The representations and warrantios contained herein are based on Grontor's due dlligance in invemtigating the Property tor Hazordous Substances. Grantor hereby 11) reloases and walves any luture claims agoinst Lendof tor mdemn,ty or contribulkon In the ovent Grantor becomes liable tor cleanup or other cost8 under any such laws: and (2) agrees to Indemnity and hold harmless Lender against any and al! claima, losses, habillties. damagos, penotties, end expenses which Lender may directly or indirectly sustain or suffer resuking from b breach of this section 0% tho Dead 01 Trust or as a conrequonce 01 any use, goneration, manulacture, storage, disposal, release or throatened release occuring pnor to Grantor's ownership or interest in ihe Property. whether or not the some was or should have been known to Grantor. The provisions of this Soction 01 1hn Oecd N Tmst. including the obligatton to Indemnity, shall survive the payment 01 the Indebtedness and the snt}sfacdon and reconvevance ot the lien ot this Dead of Trust and shall not be afiected by lender'E acqutsition o! any Interest in the Property. whether by torectosure or otherwise. l illi# lilli 11111111111111111111 lilli IM lilli lilill li 08/26/2005 03: 231 514036 Page: 2 of 8 SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0.00 DEED OF TRUST Loan No: 5362059-9001 (Continued) Page 2 Nulsence. Waste. Grantor shall not cause. conduct or permit any nuisance nor commit. permit, of suffer any stripping ol Of waste on or to the Property or any portion 01 the Property. Without Gmiting the generality 01 the foregoing, Grantor will not remove, or grant to any other party tho right to remove, any limber, minorals lincluding oil and gash cool, clay, scoria, Boil, gravel or rock products without Lender's pnor written consent. Removal of improvernents. Grantor shall nol demolish or remove any improvaments trom the Real Property without Lender's pnor wrmen consent. As a condition to the removal ol any Imp,ovements. Lender may requirs Grantor to make arrangements saostactory to Lander to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Londers agents and representativas may enter upon the Real Property M 011 reasonnblo times to attend to Lander's Interests and to inspect the Real Property lor purposes of Grantor's compliance with the terms and condhions of this Doed of Trust. Compliance with Governmental Requiriments. Grantor shalt promptly comply with all laws, ordinances, and regulations, now Of heroaftor in effact. 01 Blt governmental authorities applicable to the use or occupancy of tho Property. including without limitation. the Americans With Disabilitics Act. Grantor may contest in good faith any such law. ordinance, or regulation and withhold compliance during any proceeding, including approprlato appeata, so long as Grantor has notifiod Lender In wming prior to doing 50 and so long as, in Lendors sole opinton, Londer's Interests in the Property aie not leopardized. Lender may require Grantor 10 post adequate security or a surety bond, reasonably satislactory to Lender, to protect Londors interest. Duty to Protect. Grantor agrees neither to abandon or leave unottended the Proparty. Granto, shall do all other acts. tr addition to those acts set lorth above in this section. which from the charactar and use of the Proporty are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Dead of Trust upon the sele or transter, without Lenders pnor written consent. ot all or tiny part of the Real Property. or any interest in the Real Properly. A -sale or transter- means the conveyance of Real Property or any right, title of Interest in Ihe Real Property; whether legal, beneficlal or equitable: whether voluntary of involuntary; whether by outr;ght sale. deed. installmont sale contract. land contract, contract lof doed. lensehold interest with B term greater than three (31 Years. lonse-option contract. or by sate. assignment or tionsier of any bertificial interest in 0, to any land trust holding tillo to the Roni Properly. or by any other method of conveyance ol an interest In the Real Property. However. this option shall not bo exercised bv Lender il such exercise 0 prohibled by ledo,al low or by Colorado law. TAXES AND LIENS. The lotiowing provisions relating to the taxes and lions on the PropertY are part otthis Doed of Tiust: Payment Grantor shall pay when due land in all events prior to delinquency} all taxes, spocial taxos. assessmanta, chargos (including water end sewer). fines and impositions levied against or on account ol the Property, and shall pay when due alt clatrn5 for work done on or lor services rendered or material furnished to the Property. Grantor shal mantain the Property Irce of all lions having priority over or equal to the interest of Lender under this Doed 01 Trust, except for the Den 01 taxes and assessments not dus and except as otherwise provided in this Deed of Trust. Right to Cont.st. Grantor may withhold payment ot any tax. assessment. of claim In connection with a good foith dispute over the obligi:tion to pay, so long as Lender's interest In the Pioporty ts ret jeopardized. 11 8 lien an,;05 or is filed as a result of nonpaymont. Grantor shall within fifteen 115} days atter the lien anses or. if a tion 63 filed. within litteen 1151 days alter Grantor has notice of the filing, secure th, discharge of the tien, or if requested by Lender, deposit wht, Lender cash or a sulficienl corporate surely bond or other security satisfactory 10 Lender In an amount sufficient to discharge the tion plus any costs anct attorneys' lees. or other charges that could accrus as a result ot a foreclosure or sale under the lien. In any contest. Guntor shall delond itself and Londer and shall satisfy any adverse judgmont belore enlorcement agamst the Property. Grentor shall name Lende, 03 an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Paymont. Grantor shall upon demand turnish to Lander sauslactory ovklence 01 payment of the taxes of assessmants Bnc shall authonze tho appropriate governmental official to deliver to Londer at ony time a written statement of the taxes and essessments against tho Property. Notice of Construction. Gran,or shall notity lender nt least fiheen (151 days betore any work is commenced, any oervices ere turnished, or any miterials are Bupplied to the Pfopeny, R any mechanic's Non. matoriolmon'a lion, or other lien could be ossened on account ot the work, services, or matonals. Grantor will upon request 01 Lender turnish to Lender advance assurances ratistactory to Londer thot Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The lollowing ploveions rotating to insurang the Proporty ore a pan ot this Doed of Trust. MaintÂ»nance of Insurance. Grantor shell procule And rn,Intain polic,es of fire insurance with standard extended coverage endorsements on a tolr value bans tor the full insurable value covering all Improvements on the Real Propeny in an amount sumcient to avoid application 01 any coinsurance clat,Be, and with a standard mortgagee clause in lovor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance In juch coverage amounts as Lender may request with Trustee and Linder being named as addrional Insureas m such liabmly msurance policies. Additionally, Grantor shall mairtain Buch othor Insufance, including but not limited m hazard. business Interruption, and boiler insurance, as Lender may roasonably requirc. Policies sholl ba wrmen in form. amounts. coverages and basis reasonably accoptable 10 Lender and issued by a company or companies reasonably acceptable to lender. Grantor, upon request ot Lender. will deliver to Lender trom time to lime the poticâ€¢cs or certificates ot insurance in torm satistactorÂ¥ 10 Lender. including stipulations that coverages will not be cancelled or diminished without at least thirry 130} days prior wnmen notice to Lender. Each insurance policy also shall include an endorsement providing tha! coverage in tovar of Lendef witt not be impaired in any way by any act. omission or default 01 Grantot or any other person. Should the Real Property be located jn an area dosignated by the Direciof of the Federal Emo,goncy Monagement Agency as a spectal flood hazard oma. Grantor agrees to obton and maintain Fed@fal Flood Insurance. if evoilabje. within 45 days alter not;ce is given by Lender that the Property is located in 8 special flood hazard area, for the full unpaid principal balance ol the loan and any prior liens on the pfoperty securing the loan, up to the maximum policy ti,nits Set under the Nauonal Flood Insurance Progrom, or as otherwise required by Lender. and to maintain such insurance lor the term of tho loar. Applicatton of Proceeds. Grantor shall promptly notify Lender of any toss or damage to the Property. Lender may make proct of loaa il Grantor fails to do so within fittoen 115) day& 01 the casuaky. Whethar or not Lender's security ts impaired. Lender may. at Lander'â€¢ election, receive and retain the proceeds of any insurance and apply the procoods to the reduction ot the Indabwdness, payment of any lien affecting tho Property, or the restoration and ropoir 01 the Property. It Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replaco the damaged or destroyed Improvements In a manner satafactory to Lender. Lender shal upon aatistactory proot of such expenditure, poy orrcimbume Grontor trom the proceeds tor the reasonable cost ol repair or rostoration if Grantor is not In default under thin Deed of Trust. Anv proceeds which hove not bean disbursed within 1 80 days Bher their receipt and which Lende, has not committed to Zho repair of restoration ot the Proporâ„¢ shall be used <Est to pay any amount owing to Lender under thin Deod of Trust, thon to pay accrued interest. and the romaindor, if any, shall be applied zo the principal balance of the Indebtedness. If Lender holds any proceeds atte, poymenl In full 01 the Indebtedn055, such proceeds shall bo paid to Grantor as Grantor's Interests may appear. Grantor'Â§ Report on Inourence. Upon requasT of Lender, however not more than once a year, Grantor shall furnish to Lander a report on each existlng policy of insurance showing: 11 } rha name ot the insurer; 12) the risks insured; 13) the amount 01 the policy: 141 the propertY insured, the then current replacoment value of such propeny, and the mannef of determining that value; and (5) Ihe expiration date 01 the policy. Granlor shall. upon request of Lender. have an independent app,81581 SaNSIBCTOry 10 Lender determine the cash value replacement cost of the Property. 08/25/2005 03:231 514036 Page: 1 of 8 SILVIA DAVIS PITKIN COUNTY CO R 41.00 0 0.00 DEED OF TRUST Loan No: 5362059-9001 (Continued) Page 3 LENDER'S EXPENDITURES, H any action or pfoceeding is commenced that would matertally offect Lender'm interest m the Property of if Grantor faits to comply with any provision of this Dead of Tiust or any Related Documents, including but not limhed to Granrofs toiture to discharge or pay when due any amounts Grantof is requ,red w discharge or pay undet this Dead of Tiust of any Related Docurnants, lander on Grantors behalf may (but shall not bo obligated rol take any action that Lander deems appropriate. including but not Urnited to discharging or pay,ng alt taxes, lier,5, socu,ity interests. encumbrances and other claims, at any brne leviad or placed on the Properry and paying alt costs lof insuring. maintairing and preserving the Property. All such expenditures incurred or paid by Lender lor such purposes wit} ihen bear Interest at the rate charged under the Note trom the date incurfed or paici by Lender 70 the date ol repaymont by Grantor. All such expenses will becorne a part of tho indebladness and, at Lender's option. witt (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any instanment payments zo become due dunng either 11) the tenn of any applicable Insurance policy; or {22) the lomaining term 01 the Note: or {C} be treated as a balloon payment which will be due and payable at tha Note's moturity. The Deed of Trust 0160 will secure payment ol these amounts. Such right shall bo m addition to aH other rights Ind remedies to which Lender may be entitled upon Dotault. WARRANTY; DEFENSE OF Tm.E. Tho tollow,ng prowsions ralating to ownership of the Property are a part of this Deed of Trust: Tillo. Grantor warrants that: (al Grantof holds good and marketible litle ol record to the Property m lee sunple. kee and clear ot all lions and encumbrancos othe, than those sot forth In the Real Property doscription or in any thle Insurance polcy, zil}e report or final title opin}on issued in favor of. and accepted by. Lender in connection with this Deed of Trust. and (b} Gramor has the lull right. power. and muthority to execute and delivor this Deed of Tiust to Lender. Defense of THID. Subject to ihs exception In the paragraph above. Grantor worrantg and will torevar defend the title to the Property againn the lawlut claims 01 811 persons. In the event onÂ¥ actIon or proceeding is commenced that questions Grantor's Due or the interest of Trustee or Lender under this Deed ot Trust. Grantor shall datend the action M Grantor's expense. Grantor may be the norrunal party in such proceeding, but L.ender shall be entitied to parucipate in the proceeding and to be repiesented in the proceeding by counset of Lender's own choice, and Grantor wA! detiver, or ceuse to be delivered. 10 Londer 5uch Instruments as Lender may request trom tme to time to permit such panicipation. Comp}lanci With Lawn. Grantor warrants that the Property and Grantor's use of the Property complies with all exisling applicabla lowi. ordinences. and regulat,ons of governmental authorities. Survival of Representations and Warrantios. All representations, wayranties, and agfeements made by Grantor in this Deed ot Trust shall surv,ve the execumon and dotivery ol this Dead of Trust, shill bo contlnuing in nature. and shall rammn in lull force and ettact until such time as Gr8nIC>f 'S Indebtedness shall be paid in full. CONDEMNATION. The tollowing provisions relating m condemnation pfoceedings afo a part 01 this Deed DI Trust: Proceedings. 11 any proceeding In condemnation 15 filed, Grantor shaU promptly notify Lender In wriling. and Grantor shall promptly take Buch steps as may be nocessary to detend the action and obtain the award. Grantor may be the nominal party m such proceeding. but Lender shall be entitled to participate m the proceeding and lo be represented in rhe proceeding by counsel 01 its own choice, and Grantor wil deliver or cause to be delivered to Londer such tnstruments and documentation as may bo requested by Lender trom time to time to permit such participation. Appilcation of Net Procalds. If oll or any part ot the Property :s condemned by eminent domatn proceedings of by anY procead,ng or purchase in lieu ot condemnallon, Lender may at 115 elact,on require that 811 or any porbon of the nat proceeds of the award be opplied to the indobtedness w the repatr or restoration ot the Property. The net proceeds at thu award shall mean the oward after payment 01 an reasonable costs. expenses, and attorneys' loes incurred by Trustee or Lender in connection with the condemnation- IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The lollowing provisions felating to governmental taxes, tees and charges are a. pan of this Doed 01 Trust: Currant Tami. Fees and Charges. Upon request by Lender. Granrof shall execute such documents m addition to this Dead of Trust and take whatever other action ts requested by Lender to perfect and continue Lender'& lignon the Real Property. Grantor shall foimburse Lender tor all taxes, as described below, together with oll expenses incurred in recording. pertecting of cominuing this Dead ol Trust, tncluding without limitatton all taxes, teos, documentary stamps, and other charges lor recording or regmaring this Dead of Trust. Taxes. The following shall const,i~ne taxes 10 which this section applic!: 11 } a specific uu upon this type of Dead of Trust or upon Bll or any part ot the Indebtedness secured by this Deed 01 Trust: (22} a specific tax on Grantor which Granto~ s authonzed or required to deduct from payments on the Indebtedness secured by th,5 Type of Deed ot Trust: (3} a tax on this type of Deed of Trust chargenble against the Lender of the holder ot the Note; and 14) a specific tax on all or arly portton otlhe Indebledness or on payments 01 principal and interost made by Grantor. Subioquent Taxes. 11 any 181 to which this section applies 15 enacted subsequent to the dow 01 this Dead of Trust, this event sh.U hove tho vome offoct as an Event of Default, and Lender may exe,cise any or all of *15 available remedies tor an Event ol Detoult as provided below unless Grantor either {1) pays the tax betore it becomes delinquent, or 12} contests the tax as p,ovided above m the Taxes and Liens section and deposits with Lender Cash of a sutficient corporate surety bond or other security satistactory w Lander. SECURITY AGREEMENT; FINANCING STATEMENTS. The lollowing provisions retating to this Dead Of Trust as a security agreement arc a pof[ ot this Deed 01 Trust Security Ao,â€¢ornant. This LIstrument shall constitute a Securlry Agreement to the extont any of the Property constitutes fixtures, and Lender shall hove all ot the rights ot a secured party undaf the Uniform Commercial Code as amended from time lo time. Security Interost. Upon request by Lender, Grantor shall ta k s whatever action in requested by Lender to pertect and continue Lender's security mle,eut in the Rents and Personal Proporty. In addition to recording this Dead of Trust in the real p,operty records, Lender may. at any lime and without furthof authorization from Grantof, file exicuted counterparts. copies or reproducttons ot this Dead 01 Trust as a financing statement. Grantor shall ieimburse Lender lor an expenses incurred in perlocting or continuing this security interest. Upon default, Grantor shall not remove. 5over of deunch 11Â·18 Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to rhe Properly in a manner ana at a place reasonably convenient to Grantor and Lender and make n available to Lende: within trwee !31 days after rece,pt 01 wntten demand from lender to the extent parm,ned by opplicablo law. Addrenes. The mailing addre:15es 01 Grantor {debtor) and Lender {secured party} from which tntormation concerning the security interest granted by this Dead of Trust may be obtatned {each as reounred by the Uniform Commucia] Code] are as staled on the firs: page of this Dead 01 TiuM. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating tO further assurances and anomay-in-tact are B part 01 thii Doed of Trust: Furthâ€¢r Assumness. At any time, and trom ume Zo lime, upon request of Londer, Grantor will make. execute and denver, or witt cause to be made. executed or delivered, to Lender or to Lenders designee. and when requested by Lender. cause to be filed, rscorded, rafiled, or rerecorded, as the case may be, at such umes and in Guch offices and places as Lendef may doem approprtam, any and ati such mor,gages. deeds of trust security deeds, security agreements, financing starements, cont,nuabon statemarts, instruments 01 lunher assurance. caftificates, and other documents as may. in the sols opinion ot Lendof. be necessary or des,rablo in order to effactuate, complete, pertict, conunue, or preserve {11 Grantors obligatzons undef the NDIB, this Deed of Trust, and Tho Reloted Documents, and (2) the lieng and security inierests created by ihis Deed of Trusl as lifst immilm imii,milmimmm In 08/26/2005 03:231 514036 PageÂ· 4 of 8 SILVIA DAVIS PITKIN COUNTY CO R 41.00 0 0.00 DEED OF TRUST Loan No: 5362059-9001 (Continued) Page 4 Bnd prior lions on the Property, whothor now owned or hereatter acquired by Grantor. UnlesS prohibited by law or Lender agreaI to the contrary m writing, Gramor shalt reimburse Lender tor all costs and expenses incurred in connection with the matters inferred to in this paragraph. Anomiy.In-Fict if Grantor fails to do any or the things referred to In the preceding paragraph, Lender may do so tor and in the name o! Grantor and at Grantor's exponso. For such purposes. Grantor hereby irrevocibly appoints Linder as Grantor's attorney-ir-fact tor the pufpose Of making, executing, delivering, filing. recording, and doing 811 other things as may be necessary or destrable, jr: Lander's sole op,nlon, to accomplish the matters referred to In the Pfeceding paragraph. FULL PERFORMANCE. Upon the Yult pectormance of all the obligations under the Note and tlis Deed of Trust. Trustee may. upon production ot documents and fees as required under applicable law, release this Deec of Trust. and such release shall constitute a release ot the fien tor ott such additional sums and expenditures made pursuant to this Dead of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing lhe other collateral secuting the tndebtedness. Any release lees required by law shall b, paid by Grantof, if permitted by applicable low. EVENTS OF DEFAULT. Each ot the tollowing. st Lender's option, shall constmne an Event of Default under this Deed of Trust: Payment Dolautt. Grantor tails to make any payment when due under the Indebtedness. Other Deinulti. Grantor tails to comply with or to perlorm any olher terrn, obligation, covenant or condition contained in this Deed of Trust or in any ot the Related Documents or to comply with of to perforrn any term, obigation, covenent or condition contained in any other agreement between Lender and Grantor. Comptionc, Datiult. Failure IO comply with any other term. obilgat,on, covenant or condition contained in this Died of Trust. the Note or In any of tho Related Documents. Default on Other Payments. Failure of Grantor within the time required bv this Deed of Trust zo make any payment for taxes or insurance, or any other payment necessary to prevent filing ot or to effect discharge of any liert. Dehutt In Favor of Third Parties. Should Grantof datault under any loan. extension 01 credit. security agreement, pugchaso or Bales agreement, or any other agreement, In tavor of any other creditor or parson that may materiatly aflect any of Grantor's proporty or Grantor'g ablrity to repay tho Indobtodness or porlorm tholi icapective obligations undor thin Dood of Truit or any cl the Related Documents. False Statemonts. Any warranty, repriontation orstatement made or furnished to Lender by Grantor or ort Grantor's bohall under this Dead of Trust or the Relatad Documents ts false or misloading in any material respect. either now or at the time made or furnished or becomas laIBe or misleading at any time thereafter. Dalactive Collateralization. This Died of Trust or any of the Related Documents cea;es to be in luU lofce and effect {including laiture 01 any Collateral document to create a valid and perlected secumly interest or lien) at any time and for any reason. Deoth or insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part at Grantors property, any osmignment toi the benefit of croditori any type ot creditor workout, or the commencement 01 any pfOceeding under any bank,uptcy or insolvency laws by of agamst Grantor. Creditor or Forfelture Proceedings. Commencement ot Imaciosure m lorteiture proceedings, whether by ludicial proceeding. self-help, repossession ot any other method, by any creditor ot Grantor or by any governmental agency aga,151 any property securing the Indabledness. This includes a garrishment oi any of Grantors accounts, including deposit accounts, with Lendar. However, 1his Event 01 Detault shall not apply if there 6 a good faith di,puto by Grantor as to the validlry or reasonableness 01 the claim which In the basis of the creditor of torleiture proceeding and it Grantor gives Londor written notice of the creditor or lorteitura proceoding and deposms with Lender monies or 8 surety bond tor the creditor or forte}turo proceeding. in an amount datormined by Lender, In irs sole discretion. as being m adequate Bserve or bond for the dispute. Breach of Other Aoreemant. Any breach by Grantor under the terms of any other agreement between Grantor and Lender thatis not remedied within any grace period provided therein. including without limintlon any agreement concerning any indebtedness 01 other obtigation ol Grantor To Lender, whether exisung now or lataf. Events Allacong Guarantor. Any of the preceding events occurs with respect to any guarantor, ondorser, surety, 0, accommodation porty of any of the Indebtedness or any guarantor, andorser. surety, of accommodation party dios or become$ incompetent. or revokes or disputes the validity ol, or liability under. any Guwanty of tho indebtedness. 1n the event 01 0 death. Lender. at Fts option. may, but sholl not be roqu,red 10, perrmt the guarantor's estate to assurne unconditionally the obligatior,5 acting under the guaranty in a manner satistacton' 10 Lander. and, in doing so, cure any Event of Detault. Adverse Change. A matenal adverse change occurs in Grantor's financial condition, or Lander believes the prospect ot payment or performance of the Indebtedness ts impaired. Insecurity. Lender m good faith believes itself insecure. Right to Cure. If any default, other than a detault m payment ts curable and If Grantor has not been given o notico ot o breach of the Bame proveion ot ihis Died of Trust within the preceding twelve (12} months. R may be cured H Grannot, attor receiving written nolice trom Lender demanding cure ot such default: ill cures the default within twenty {201 daysi or 21 if the cure requires more than twenty (20) days, immediately initiates Reps which Lender deems in Lender's sole discretion to be sufficient to cure the detautt and thoreaftor continues and completes atl reasonable and necessary steps Sufficient to produce compliance as soon as reasonably pract,cal. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trugt. m any timo lhoroortor, Trustee or Lender may exercise any ono of mora 01 the lollowing rights and remedies: Electlon of Remadies. Election by Lender !0 pursue Bny remedy shall not exclude pursuit of any other remedy, and on election zo make expenditures or to take action to porlorm an obligation of Grantor under this Deed of Tfust. after Grantor's tailure to poflorrn, shall not 8flect Lenders right to doctore e defaut{ end exercise its remedles. Accelerate Indebtedness. Lender shall have the right ar lis option without notice 10 Gran:or to doclore the entire IndebtednesÂ£ immediately due and payable, including any propayment ponalty which Grantor would be required zo pay. Forectoiuri. Lendat shall have the right to cause 311 or any part of the Rool Pfoparry, and Personal Propeny, if Lender decides to ptoceed against M as If it were real property, to be sold by the Trustee according to the taws 01 the State of Colorado as respects toreclosures ageinst real property. The Trustee sholl give notice in accordance with the laws ot Colorado. The Trustee shall apply the proceeds 01 the sale in the tollowing order: la) 0 ali costs and exponses Ot the sate. including bu[ not limized 10 Trustee's lees, attornoys' lees. and the cost Of title ovidence; tb} to all sums secured by this Deed 01 Trust: and Ic) the excess, H any, to tha poison or periong logally entitled to tho exces~. UCC RemedieD. With respect to at! or any part ot the Personal Pros,eny, Lender shall have att the right5 and remedies ot a secured party under the Uniform Cornmorc:at Code. Colloct Rantâ€¢. Lender shati have the right. without notice to Grantor to take possession 01 and manage the Propeny and collect the Rent5, Including amounts post due and unpaid, and opplv the net proceeds, over and above Londa's costs. against the Indebtedness. In turthorance ot this right, Lender may require eny tenant of other user of tho Proporty to make payments ot rent or use tees dlrectly to Londer. If the Rant; are collected by Lender. then Grantor wievocably designates Lender as Grantor+9 attorney-jn-tactio endome Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect 111111111111111 mlil m m'11111 lilli 111 lilli Im lili 08/26/2005 03:231 514036 Page: 5 of 8 SILVIA DAVIS PITKIN COUNTY CO R 41.00 0 0.00 DEED OF TRUST Loan No: 5362059-9001 (Continued) Page 5 the procoods. Payments by tenants or other users to Lender in response to lender's demand shall satisfy lhe oblighltons tor which the poyments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in parson. by agent, or through a receiver. Appoint R.ce}vor. Lender shall have the right to have a receiver appolnted to lake possesolon of all or any part of the Properly. with the power to protect and preserve the Property, to operate the Property preceding toreclosure Or sale. and to cotlect the Rents from the Praperty and apply the proceeds, ovur and above tha cost of the rece,verghip, against the Indebtedness. The receiver may serve without bond if permlned by law. Lender's right to the appointmenl ot a receiver shall exist whether or not tho apparent value ol tha Property exceeds the Indebtedness by o substantial amount. Employment by Lende, shall not disquatily a person florri serving as a receiver. Receiver may bo appolnted by a Court ot competent jurisdiction upon ex parte application and without nouce. notice being exprassly warved. Tonancy at Sufferance, It Grantor rematns in possession of lhe Properly after the Property IS sold Bs provided abovo or Lender othorwlse becomes ernitted to possession of the Property upon default of Grontor. Grantor shall become a tenant at sufforance of Lender or the putchasar 01 the Proparty and shall, al Lender's option. eithor {11 pay a roasonable rentat for the use 01 the Property, or (21 vacate the Property unmediately upon the demand cl Lender. Dthor Rimedles. Trustee or Lender 5ha!1 have any other right or remedy provided in this Deed of Trust or the Note or by law. Sole DI lh, Property. 111 exefc,sing 115 nghts and remedies, Lender shall be free to designate on or below 11 files a notice ol election and demand with the Trustee, that the Trustee 541 an w any part 0! the Property tooother or separately. in one sale or by soparate sales. Lendof shall be entitled to bid at any public sato on all or any ponion of th, Properry. Upon any sate ot the Property. whether mide under a power ot sale granted in this Deed 01 Trust or pursuant To judicial proceedings. if the holder 01 the Noto ts a purchaser at such sale, it shall be entitled to use and apply all, or any portion ot, the Indobtedness tor or in settlement or payment ot all, or any ponion of, the purchase pnce of the Properly purchaSed, and, in such case, this Deed ot Trust. the Now, and any documents evidencing expenditures secured by This Deed of Trust shatt be presented to the person conducting the solo In ordorthat the Bmount Of Indebtedness so used or applied may be credited thereon as having been paid. Attornoys' Foos; Expenses. 11 Lender torecloses or Inslitutes anÂ¥ sult or action lo orllorce any ot the terms 01 thi* Deed of Trust Lander shall be entitled to recover auch sum as ihe court may adjudge roosonoble ai attorneys' 1005 at inal and upon any appent Whether or not any court action Is Involved, and to the extern not prohibited by law, an reasonable expenses Lender incurs that in Lender's opinion Bre nacessary at any time tor the protection of its interest or the entorcement of [15 fights shon become 8 part ol the Indabledness payable on demand and shall bear Interest at the Note rate trom the date 01 the expendituia until repaid. Expenses covered by this paragraph include. without limitation. however subject to any limits under applicable law, Lender's attorneys: tees whether m not there ts a lawsuit including attorneys' fees and experscs for bankruptcy proceedings (including cflorts to modify Or vacate any Bulomatic slay or Injunction!. appeals. and any anticipated postâ€¢judgment collection ServlceS. the cost 01 searching records, obtaining title rapons lincluding torectosure reports). survevors' repons. and appraisal lees. title insurance. and lees toi the Trustee, to the extent perm,tted by applicable low. Grantor also will pay any court costs. in addition to all other sums provided by law. Rlohis of Truiteâ€¢. To the extent parmmed by applicable law, Trustee shall have all of the right-5 and duties of Lender as ser lorth m this soction. NOTICES. Any notice required to be gwen under This Deed of Trust. including without limitation any nouce ot default and any notice of sale shal! be glven In writing. and shall be effective whon actualtv delivered. when octually received by telefacs,mtle tunless otherwise requ,red by low). when dcposned with a nationally recogruzed overnâ€¢ght courier, or. if mailed, when deposited in the United States mail, as first class, corlined or regetered mail postage prepaid. directed to tho addresses shown near the beginning of this Dasd of Trust. All copies of notices of fofaclosure trom the holder ol any lien which has priority over this Deed of Trust shall be sent 10 Lander's address, al shown near the beginning 01 this Dead ol Trust Any party may change Its address lot notices under this Doed of Trust by giving formal written noke to the other parnes, specifying that the purpose of the norica Is ID change the party's address. For notice purposes, Granto, agrees to keep Lender inlormed at al! times of Grantor'â€¢ current address. Unless otherwise provided or requi:ad bÂ¥ law. if there is more than one GrantÂ¤r, any notice gnven by Lender to any Grantor 15 doomed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following mtscellaneous provisions are a part ct 1his Deed of Trust: Amendments. This Deed of Trust together with any Rotated Documents, constitutes the ont,re understanding and Boreement of the parties as to the matters set torth in this Deed of Trust. No akerabon 01 or amendment to this DBed of Trust shall be effective unless gwan in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Roports. 11 the Property 15 used for purposes other than Gran:or's residence, Grantor shall turn,sh to Linder. upon request. a certified stotemont 01 net operating incorne recewed trom the Property during Grantor's previous fiscal Year in such ionn and dotall a. Lender shall requ,re. -Not operating Income- shall mean all cash receipts from tho Properly tess all cash expenditures made In connection with the operalion ofthe Properly A,bitration Dlsclo,ures. 1. ARBITRATION IS FINAL AND BINDING ON THE PARTIES AND SUBJECT TO ONLY VERY UMITED REVIEW BY A COURT. 2. 1N ARBITRATION THE PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT. INCLUDING THEIR RIGHT TO A JURY TRIAL 3. DISCOVERY IN ARBITRATION IS MORE LIMITED THAN DISCOVERY IN COURT. 4. ARBITRATORS ARE NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING IN THEIR AWARDS. THE RIGHT TO APPEAL OR SEEK MODIACATION OF ARBITRATORS' RULINGS IS VERY LIMITED. 5. A PANEL OF ARBITRATORS MIGHT INCLUDE AN ARBtTRATOR WHO IS OR WAS AFFILIATED WITH THE BANKING INDUSTRY. 6. ARBITRATION WIU APPLY TO ALL DISPUTES BETWEEN THE PARTIES, NOT JUST THOSE CONCERNING THE AGREEMENT. 7. lF YOU HAVE QUESTIONS ABOUT ARBITRATION. CONSULT YOUR ATTORNEY OR THE AMERICAN ARBITRATION ASSOCIATION. to) Any claim or coniroversy 1 -Dispute-) between or among the parties end their emplovee*. egarrus, offiliates. and ass,Dns. tncluding, but not limited to. Disputes arising DU[ of or retating to this agreement this nibitiation provision Tarbitration Clousel 01 any related ogreemonts Or instiuments reliting hereto or delivered in connection horewith 1-Related Agicementil and including. but not limited to. a Dispute based on or ansing tiom an alleged tort. shall at the requost 01 any party bo resolved by binding arbitration m accordan=co with Ihe applicable Bibitration rules or the American Arbitration Association (the -Administrator). The provisions of this arbitratton clause shatt survive any termination, amendment, or expiration 01 this agreement or Related Agreements. The provisions of this arbitrabon clause shall supersede any phor mbitration agreemont betwocrl or among lhâ€¢ parties. (b} The orbluation proceedings statl be conducted In a city mutually ogroed by the porties. Absent such an agreement. arbitration wili be conducted in Denver. Colorado or such other place as may be determined by tho Adminatiator. The Admnistrator and Ihe arbitratorts) shall have the authority to rhe extent practicable to take any oction to mou,re the arbitration procomding to be complotod and the arbitratorts)' award tssued within 150 days of the tiling of the Dispute with the Admintstrator. The arbitratorts; shot! have the authority to impose san:rnons on any party that tails to comply with time poriods imposed by tho Administrator or tho arbitrator(s}. including the sanction 01 sumrna,Uy dismissing any Dispute or dolanse with prejudice. The 1111'll lilli Illil lillil l' 11111111 lilli lil ll'll lili lili 08/26/2005 03:231 514036 Page: Elf 8 SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0.00 DEED OF TRUST Loan No: 5362059-9001 (Continued} Page 6 art)tatorls) shall have the aulhorrly to rosolve any Dispute regarding the terms of this agreement. this arbitration clause, or Related Agreements, Including any claim of controversy regarding the arbitrability ol any Di,pute. All limitations poriods applicable to any Dispute or defense, whether by statute or ogreement. shall apply to any arbitration proceeding herounder and the arbtratorts} shall have the authority to decide whether any [Dispute or defonse is barred by o limitations period and. if mo, to summarily enter an award dismissing any Dispuie or defense on that basis. The doctrines ot compulsory counte,claim. ras judieata, and collateral estoppol shall apply to any arbitraten proceeding hofeunder so that a party must Mata as a counlerclaim In the arbitration proceeding any claim or controversy which areas oul of the transocuon or occurronce that 15 the subject matter ot the Dispute. The arbilmtorts) may m the arbitrator{61' discretion and st the request of any party: {11 consolidate m a single arbitration proceeding any other clalm arising out al the same vansaction involving another party to that transaclion that is bound by an arbitration clause with Lender. such as borrowers. guarantors. surefies. and owners ot collateral; and 12) consolidate or admin;star multiple arbitration clairns of controversies as a class action in accordance with Rule 23 ot the Federal Aules 01 Civil Procadure. tc) The arbitratorts) shall be selected m accordance with the rules o! the Admintstrator trom panels maintamed by the Adminhtrator. A single sibrtrator shall have expertise in the subject matter of The Dispute. Where three arbltrators conduct an arbitration proceeding. tho Dispute shaH be decided by a majority vote ol the three orbitrators. at least ono of whom must howe experitse in the subject matter ot the Dispute and at least one of whom must be e practicing attorney. The arbitratoris) shall award to the prevailing party recovery oÂ¢ 811 costs and tees Uncluding anornoys fees and costs, arbitration administration lecs and costs, ard arbitratorts}' toes). The sibitratoris}, either during the pendancy Di the Bibitration proceeding or 88 part of the arbitration award, a!50 may grant prov,sional or ancillarv remedies ircluding but not limited to an award ot injunctive retiot. loreclosura, soquestration. attachment replevin. par=hmont, or the appointment of a receiver. Id) Judgemont upon an arbitration award may be entered in any court having Jurisdiction. subject to the lollowing limitation: the arbitration award Is binding upon the parties only if the amount does not exceed Four Mili~on Dounrs 1 64,000,000.00); if the award exceeds that Itrnll. either parly may demand the right to a court uial. Such a demond must be med with the Admtnistrator within thkry (330} days tollowing the date 01 the arbitration award: H such a demand tB not mada with thar time period. the amount of the arbitration award shall bo binding. The computation 01 the total amount of an arbitration award shall include amounts awardod for attorneys' fees and costs. orbitration administrat,on tees and costs. and arbhrator(n)' fees. 40) No provision ot this arbitration clause. nor the Oxefoise Of any rights hereunder, iholl limt the right ol any party to: 11) ludicially or non-iudicially toreclose agalnst any real or personal property collawal or other sacurity; (21 exercue self-help romodias, including but not Arnitad to repossession and Seroft rights: or (31 obtain from a court having iurisdiction thereover any provisional or ancillary romedics tricluding but not nmited to injunct,ve relie!, fortclosure. sequestration. attachment. replown. garnishment. or the appointment ot a receiver. Such rights can be exorcised at any t,me. before or atter Initiation ot an arbitration proceeding. except to the extent such action $ contrary lo the arbitration award. The exer=98 of such rights shall not conslitute & waiver ot the right to subm,1 any Dispute to arbitration, and any claim Or ControvorsY related to the exarcisa 01 such rights shal: bo a Dispute to be resolved under tho provisions of this arbitration clause. Any party may Initiate arbitration with the Admnistrator. It any party dowes to arb~trate a Dispute asserted against such party In a complaint. counterclain. cross-claim. or third-party complaint thereto. or In an answer or other reply to any such pleading. such party must make an approphate motion to the trial court seeking to compel arbitration. which mobon must be filed with the court within 45 days ot Barvlce of tha pleading. or amendment thereto. setting lorth such Dispute. If arbitration ts compened Bher commencement of litigation ot a Dispule. the party obtairung an 01661 compelling arbitration shalt commence aibitration and pay the Administrotor'i filing tees and costs wi,hin 45 days ot entry o} ouch orde:. Failure to do so shall conslitute on agreement 10 proceed with litigation and waiver 01 the right to arbitrate. In any arbltration commenced by a consumer regarding a consumer Dispute. Lender shall pay one hall ot the Administrator's filing lee. up to $250. If} Notwithstanding the applicabllity ol any other law to ihis agreement. the arbitration clause, or Related Agreements between or among the parties. the Fede, al Arbitration Act, 9 U.S.C. Section 1 et seq., shan apply to the construction and interpretation of this arbiiration clause. If any provision of thls arbitration clause should be detormlned to be unentorceablo, ati other provisions of this arbitration clause shall remam in lull force and effect. Caption Headings. Caption headings in this Dead of Trujt are tor convenience purposes only and are not to be used to intorprot of define the provisions of this Dead ol Trust. Morger. There stint! be no mefoar of the intorest or estate created by this Deed of Trust with any other interest or estate in the Proporty at any time held by or for the benefit of Lender In any capacity. without the wiltten consent of Londer. Governing Law. Thls Dead of Truit will be governed by. construed and entorced In accordance with fiderm! law and tho Imwi of the State of Colorado. Th!, Died of Trust has bean accepted by Lander in the Stati of Colorado. Joint ond Several Uabinty. All obligations of Grantor under this Dead of Trust shall be joint and several. and all reloronces to Gronror shall mean each and every Grantor. This means that oath Grantor LIgning below & responsible toi all obHgotions in this Deed or Trust. No Waiver bÂ¥ Lendar. Lander shall not bo deemed to have waived any tights under this Deed of Trust unless such walver m given in wriung and signed by Lander. No delay of omission on the port 01 Lender in axercising any right shall operate as a watvor of much right or any other fight. A walver by Lender ot a provision of this Deod of Trust shall not pre,udice or constitute o waiver of Londer's nght otherwise m demand strict compliance with thar p,ov,gion or any other provision ol this Doed of Trust. No pnor waiver by Lindor, nor any course 01 dcating between Lendor and Grantor. 5hall conatitute a waiver ot any of Lender's rights or ot any of Grantors obligations as to any tuture transactions. Whenever the consent of Lan,tar Is required under this Deed of Trust. the granting 01 such consent by Londer in any instance 5hall not constituze continuing consent to subsequent instances where such consent ts required and In all rase; such consent may be granted or withheld in the sole discretion ol under. Sevorablfity. If a court ot competent,uridiction finds any provision of this Deed of Trust to be Illegal. invalid. or unonforceable as to anÂ¥ person or orcumstance. that finding shall not make the offending provision illegal. invalid, or unenforceable as to any other porson or clicumstance. H feasible. the ollending provision shall be considered modified 50 that h becomes legal, valid and entorceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unloss Otherwise requred by law, the iMagality, invafidiry, or unontorcoability of any provision 01 this Deed of Trust shal not affect the legality. validity or er,lorceability of any other plovision 01 this Deed of Trust. Succossor: and Aistgns. Subject to any limttations stated in this Deed 01 Trust on transfer of Grantor's interest, this Deed ot Trust shall be binding upon ond inure to the benefit of the parlios, their succeigois and assigns. U ownership ot the P,operly becomes vested in a person other than Grantof, Linder. without notio to Grantor, may dool with Gfont Df'S successors with retorcnco to this Dead of Trust and the Indebtedness by way ot foibearance or extonsion without releasing Grantor trom the obrigations ot this Deed 01 Trust or liabifity under the Indabledness. Tirne hi ot th, E,ionce. Time 15 01 tho essence in the porformance of this Dead of Trust. Waiver of Homestead Exempllon. Grantor hereby releases and marvel all rights and benefits of the homestoad examption laws 01 the State of Colorado Ds to all Indebtedness secured by this Deed 01 Trust DEANITIONS. The lonow,no capitalized words and terms shan have the following meanings when used in this Deed of Trust. Unless specificatly stated to the contrary, all reterences to donor amounts shall mean amount5 in lawful money of the United States of Amenca. Words and terrne used in the mingutor shall include the plural, and the plural shall include the singular. es the context may rogu,re. Words and terms not otherwise defined in this Deed of Trust shan have the meanings attributed to such terms in the Unilorm 1 11'll lilli ll'11111111111 lilli lilli lll lilli &111 lill 08/26/2005 03.231 514036 Page: 7 of 8 SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0.00 DEED OF TRUST Loan No: 5362059-9001 (Continued) Page 7 Commercial Code: Beneficiary. The word -Benettiory- means VECTRA BANK COLORADO, NATIONAL ASSOCIATION, and its successors and assigns. Borrower. The word -Borrower means JOHN R. LOUDERBACK and JACQUELINE M. LOUDERBACK and Includes 011 co-signers and co-makers stgning the Note. Deed of Trust. The words -Deed of Trust- mean this Deed ot Trust among Grantor, Lender. and Trustee, and includes without limitation all assignment and socurity inlor,551 provisions relating to tho Personal Proporty and Rents. Dotbult. The word -Detautt' means the Default set forth in this Dead of Trust In the section titled -Default-. Envkonmental Lbws. The words -Enwonmental laws- meon any and all state, federal and local statutes, regulations and ordinances reloting to the protection ot human health of the environment, including without limitation the Comprehonsive Envionmental Response. Compensation. and Uability Act o{ 1980, as amended. 42 U.S.C. Section 9601, et soq. 1-CERCLAN. tho Superlund AmendmentE and Reauthonzathon Act ot 1986, Pub, L No. 99-499 1-SARA-1, the Hazardous Matenals Transportation Act, 49 U.S.C. Section 1801. ot seq.. the Resource Conservation and Rocovery Act. 42 U.S.C. Secion 6901, et seq., or other applicable state or federal laws. rules, or regulations adopted pursuant thereto. Eventof Delault. The wo,ds ' Event of Default' mean any of tho evants ol delaullset lorth In this Deed of Trust in the events ot dolault section 01 this Deed of Trust. Grantor. The word -Grantor' means JOHN R. LOUDERBACK and JACOUEUNE M. LOUDERBACK. Guaranty. The word 'Guaranif means Ihe guaranty trom guarantor, endorser. surety. of accommodation party 10 Lender, Including without lirritation a guaranty of aU or part 01 the Note. Hazardous Substances. The words -Hazardous Substances- mann materia!5 that, because ot their quant,ty, concentration or physical. chemical or infectious characteristics, may cause or pose a presem or potential hazard to human health or the environment when improperly used. treated. stored. disposed 01, goneroted, monutactured. Wansported or otherwise handled. Tho words "Hazardous Substances- are used in their very broadest sense and include without limnation any and all hazardous or toxic substances. mateflais of waste as defined by or listed Under the Environmental Laws. The term -Hazardous Substonces' also Includes, without limitation, petroleum and pouoteum by-products or any tract,on thereot and asbestos. Improvementi. The word -Improvements- means all existing and future improvernents, buildings, strucrures, mobile homes affixed on the Real Propeny, facilities, additions. replocements and other construction on the Real Plopeny. Indebtadness. The word -Indebtedness' means aH pring,pal, interest. and other amounts, costs and expenses payabla under lhe Note or Retozod Documents. together with al fenewals ol. exlensions ot. modifications 01. consolidations o! and subsulutions for the Note or Related Documents and any amount$ expended or advanced by Landar to d schorge Grantors obligations or expenses Incurred by Trustee or Londer to entorce Grantot's obliganons under this Deed of Trust. together with Interest on such amounts as provided in this Deed of Trust. Lender. The woid -Lender means VECTRA BANK COLORADO, NATIONAL ASSOCIATION, ,15 successors and assigns. Note. The word *Nole- means the promissory note dowed August 18,2005, in the original principal amount of $ 1,950,000.00 trom Grantor to Lender. rogether with all renewals 01, extensions of, modifications 01, refinancings of, consolidations ot. and substitutions lor the promissory note or agreement. The maturity date olthe Note ts Septambef 1.2007. Perional Property. The worcts -Penonal Pfoperw' mean 011 oquipment, fixtures, and other artictes of personal propony now or heroattor owned by Grantor, and now m herootter attached or affixed to the Rant Property; together with all accassions, peru, and additions to, all replacoments ol, and 011 substitutions tor, any ot such property: and together with att proceeds (including without limitation all insurance proceeds and refunds ot premiums) from any sale or other disposition ot the P,operty Propirty. The word 'Property* moans colloctively the Real Properly and the Parser,01 Propeny. Real Property. The words -Real Properny= moan the real properw. intercsts and rights. 05 turther described In thi, beed of Trust- Related Documont:. The words 4Related Documents mean alt promissory noles. credit agreements. loan agreements. environmental agreementE. guaranties, security agreements. mortgages. deeds Of tfust. security deeds. collateral mortgages. and al! other instruments. agreements end documents, whether now or hereaher existing, executed in connect,on with the Indebledness. Ronts. The word *Rents" means all present and future rents, revenues, Income, issues, royalties. profits. and other benefits derived from the Property. Trustee. The word -Trustee- mear,5 the Public Trustee 01 PITKIN County, Colorado. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: x *4 /. L.11,-1 JOHN R. LOUDERBACK x 'VeL,. \#1 \ a)(41Â¢DdL-- JACQOEUNIS M. LOUDERWAck - J V DEED OF TRUST Loan No: 5362059-9001 (Continued) Page 8 INDIVIDUAL ACKNOWLEDGMENT STATE OF COLON)90 0 ) COUNTY OF P lijurJ ISS } On this day belore me. the undersigned Notary Public, personally appeared JOHN R. LOUDERBACK. to me known to be the mdividual describod in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her Ifee and voluntary act and deed, tor the uses and Purposes therein mentioned. Glven under rnÂ¥ ha~in~~tâ€¢dJ~Athts /~ day of u .20Â«b A uovif 4 =44*82>31-- R.slang 81 j/Â®CU,9 AWNK COU:>200 0 Notig Pubuc~n and tor thâ€¢ Â¥yd COLOAS PO My commission exphs /-7 â‚¬' 200 Jil U r-- - - -1553 A LAY INDIVIDUAL ACKNOWLIEDGMENMOTARY PUBLIC j STATE OF COLOR,90 0 COUNTY OF P I Tkjaj ; ss My Commission Expires 1 -25-2007 On this day betoro me. the unders,gned Notarv Pubtic. personally appeared JACQUELINE M. LOUDERBACK. to ma known to be the individual described in and who executed the Dead of Trust, and acknowledged that ho or sho signed the Dead of Trust as his or her fres and voluntary act 30 deed, for the uses and purposes therein mentioned. Given under my han~hd~~1~thh /9 day 0, A vc Vâ‚¬r , 20 05 By Residing at VEURe BAWL ne<pR/70 0 Notary Pubilc in and for the Stit\Â¥41(0 L l>R nOD My commlialon expires /-Z E- 2-007 Lj TODDA.LAY-~ .irT<E,IM? IC ./. T........./41/1 ...... My Commission Expires 1 -25-2007 514036 imimi I m mi mil 08/26/2005 03'231 Page: 8 of- a SILVIA DAVIS PITKIN COUNTY CO R 41.00 D 0 00 RECORDATION REQUESTED BY: VECTRA BANK COLORADO. NATIONAL ASSOCIATION ASPEN BRANCH 534 E. HYMAN ASPEN. CO 81612 WHEN RECORDED MAIL TO: VECTRA BANK COLORADO. NATIONAL ASSOC]ANON COMMERCIAL LOAN CENTER 5i4037 Page: 1 of 5 P. O. BOX 17649 08/26/2005 03: 241 DENVER, CO 80217-0649 immigmmimmilli SEND TAX NOT}CES TO: SILVIA DAVIS PITKIN COUNTY CO R 26.00 0 0.00 JOHN R. LOUDERBACK JACQUELINE M. LOUDERBACK 719 EAST HOPKINS AVENUE ASPEN, CO 81611 FOR RECORDER'S USE ONLY ASSIGNMENT OF RENTS MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien 01 this Assignment shall not exceed at any one time Â¢ 1,950.000.00 except as allewed undef applicable Colorado law. THIS ASSIGNMENT OF RENTS dated August 18, 2005, is made and executed between JOHN R. LOUDERBACK and JACQUELINE M. LOUDERBACK. whose address ts 719 EAST HOPKINS AVENUE. ASPEN, CO 81611 (referred to below as -Grantor"! and VECTRA BANK COLORADO, NATIONAL ASSOCIATION. whose address & 534 E. HYMAN, ASPEN. CO 81612 treferred io below as "Lendery. ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest En. and conveys to Lender all of Grantor's right. title, and interest In and to the Rents kom the following described Property located in P[TKIN County, State of Colorado: LOTS E AND F. BLOCK 104, CITY AND TOWNSITE OF ASPEN. The Property or its address is commonly known as 719 EAST HOPKINS AVENUE, ASPEN. CO 81611. The Property tax identification number is R000057 REVOLVING UNE OF CREDVT. This AsÂ»Ignmont securos the Indabledwis Including. without limitation. 8 revolving line of crodli. whtch obnontes Linder to make advances to Grantor so long as Grantor compites with all the terms of the Noti. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND 12) PERFORMANCE OF ANY AND ALL OBUGATIONS OF GRANTOR UNDER THE NOTE THIS ASSIGNMENT. AND THE RELATED DOCUMENTS. TMS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwtse provided in this Assignment or any Related Documsnts, Graritor sholl pay To Lender all amounw secured by this Asignment as they become due, and shall stfictly parlozm all of Grontor's abligations under this Assignment. Unless and until Lendor exorcies Ms nom to collect the Rents ns provided below and so long as there 11 no delault under Ihis Assignment, Grontor may remain m possession and control ol and operate and manage the Property and collect the RentS, provided th81 the granting ol the nght to collact the Rents nhall nci constitute Londers consent to the usâ€¢ 01 cash conatoral in a bankruptcy proceedhng. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Gramor warrants that Ownership. Grantor ts enthled to rocoive the Rents free and clear ot all fights, loans, lions, encumbrances, and cle,rns except as dinclosed to and Decapled by lander in wliting. FUght to Assign. Grantor has the tull light, powor and authority to enter into this Assignmant ond to assign and convey the Rents to Lender. No Ptio, Aulgnment. Grantor has not previounly assigned N conveyed the Rents lo any other person by any Instrument now in torce. No Further Trondef. Bron:or will not selt, assign. encumbor. of otherwiss dispose 01 any of Grantors rights m the Rents except as provided In th; Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Landor shall have the right at any time, and oven though no default shall have occuried under this Assignmont, to collect And loceive the Rom. For this purpose. Lender 15 hereby given and granted the tollowing rights. powerm and authoritY: Notice to Tenants. Lender may send notices to any and at! tenants of the Property advising them 01 thig Assignment and direct#ng all Rents to be paid directly to Lender or Londer's agent. Entor thi Property. Lender may enter Upon and take posnoislon 01 the Property; demand. collect and receive from lhe tenants Df tiom any other porsons liable ther,tor. aft of the Rants; institute and cany on all legal proceedings neconary for the protection of the Property. inckiding such proceedings as may be necessary to recover povession 01 the PropenY; collect the Rents and remove any lonant of tenants or other persons trom the ProponY. Maintâ€¢In Th, Property. Lender may enter upon the Propeny to rnâ€¢Intain the Properly and keep the same m repair; to pay ihe costs thefeot Bnd el at Sen/ices ot 811 employces, including their equipment. and ot alt cont,nuing costs and expenses ot maintain,ng the Properry in propor wpair and condition. and also to Pay 811 taxes, assessments and water utilities, and the premiums on fire and othor Insurance eflected by Lander on the Propeny. Compliance with Law:. Lender may do any and all things to execute and comply with the lows of the State of Colorado and atio all othor hwa, rutes, orders. ordinances and requirements of afl other governmental agenc'las anecting the Property. 1.0050 th, Prope,r,- Lender may rent 0, loase the whole or any pan 01 the property lor such term or taims and on such cond,tions es Londer may deem approprlate. EmploY Agents. lendor may engoga such agent or agents as Lender may deem appropriote, either m Lender'* name Di in Grantor's name. 10 Ient and manage rho Properly. Including the collaci,on and app#cation DI Rents. Other Acts. Landaf may do aU such other things and acts with respect to the Proporly as Lender may deem app,opnore and may act exclus,vely and solely m the place and stead of Grantor ond to have 80 01 Ihe powers 01 Grannot toi the purposes stated above. 1 111111111111 1 lilill lillilillilli lilli lili lili 514037 Page: 2 of 5 08/26/2005 03:241 SILVIA DAVIS FITKIN COUNTY Co R 26.00 D 0.00 ASSIGNMENT OF RENTS Loan No: 5362059-9001 (Continued} Page 2 No Requirement to Act. Lender shall not bo required to do any ol the foregoing acts of things, and the tact that Landar shall have pertormed one of mora ot the toregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. Atl costs and expenses incurred by Lender in connection with the Property shall be lof Grantor's account ond Lender may poy such costs and expenses from the Rents. Lender. In its sole discretion. shall detarmine the application of any and all Rents received by U. however. any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed trom the Rents shall become a part olthe Indebtedness Bocurod by this Assignment. and shall be payable on demand. with interest at the Note rate from data ol expenditure unt]; paid. FUU PERFORMANCE If Grantor pays 811 01 the Indebrednens when due and otherwise performs 911 tha obligationS imposed upon Grentor undef this Assionment, the Noto, end the RoYated Documents. Lender shan exect.ne and deliver to Grantor a suftable satisfaction of this Assignment end suitable statements Of lermination of any financing staternont On file evider,cing Lender's security interest in the Rents and the Property. Any terminauon fee requited by law shall be paid by Grantor. if permined by opplicable law. LENDER S EXPENDITURES. It any action or proceuding & commenced thot would matomally affect Lendor's interest in the Proporty of it Gunter lails 70 comply with any proveion of this Assignmont or any Related Documents. including but not limned to Grantors tailure to discharge or pay wher, due any amounts Grantor is required to dischnroe of pay unde, 1his Assignment or any Rolated Documents, Lender on Gramor's behalf may (but shall not be obligated to) take any action That Lender deems apptopriate. including but not limited to discharging or paying all taxes, liens, socurny intorests, encumbrances and other claims, al any time levied or placed on tho Rents or the Property and poying all costl for insuring, maintaming and pieservIng the Property. An such expenditures incurrod or paid by Lender for such purposes will thon bear interest ar the rate charged under the Note trom the date incurred or poid by Lender to tha date of repayment by Grantnr. All such expenses will become a part 01 tha Indabledness and, at Lender's option. will (Al be payable on demand; (81 be added w the balance ot the Note and be apportloned among arld be payable with any instatiment payments to become due during eithm 11) the torm ol any applicable Insurance policy; or (21 the fernarning term ot the Note: or {Cl be troated aa a balloon payment which wm bo due and payable M the Note+s maturity. The Assignment also Will secure payment ol these amounts. Such ught shaH be m addition to all other rights and remedies to which Lander may be entitled upon Delault. DEFAULT. Each ol the tollowing, m Lender'B option. shall constitute ar Event of Default under this Assignment Paymint Detault. Grantor tails to meka any payment when due under the Indobtedness. Other Dolaults. Grantor laili to comply with 0, to poriorm any other term. obligation, covenant or condition contalned in this Assignment or in any ot the Retated Documonts or to comply with or k pe,lorm any larm. obiloation. covenant or condition contained in any other agreement between Lender and Grantor. Default on Othw Poyments. Failure 01 Grantor whhin the Ilme required by this Assignment to make any payment lor taxes or insurance, or anÂ¥ oTher payment neces,ary to p,ovent filing of or to effect difcharge 01 any lien. Default in Favor of Third Parths. Grantor defaults under any loan, exlen;ion of credit. security agreement. purchase or sales agreement. or any olhe, agreernern, In lavor 01 any other creditor or person that may materiolly affect Dny of GrantoA: pnoperty or Grantor'm ability 10 perform Grantors obligations under this Asslgnment or any of the Related Documents. Faisa Statements. Any warranty. cepresentation or statement made ar furnished to Lender by Grantor or on Grantor'; behalf under this Ass,gnment or tho Relaled Documents is latso or misleading in any matenal respect, either now or at the time rnade or luinished or becomes 181se o, rn,Sbading at any time thereoher. Delectivi Conateratization. This Assignment or any of the Related Documents coases to be in luM force and effect fincluding failure ot any collaterat document to create a vand and per,ected secutiry jntolest or tienl at any lime and for any rEason. Death or Inaolvancr. The death of Grantor, the insolvancy of Grantoi. the appontment 01 0 receiver lor any part of Grantor's property, any assignment for the benefit of croditom, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or wso}vency laws by of against Grantor. Cridltor or Forielture Prociodings. Commencement of foroclosure or forfeiture proceedings. whether by judicial proceeding. Bott-help, mpossension or any other method. by any creditor of Grantor or by any governmental agency against the Rents of any propeny securing the Indebtedness. This includes a garnishment 01 any of Grantor's accounts. including deposrt accounts, with Lender. However, this Event of Datault shall not apply if ther e is a good laith dispum by Granlof as to the validity or ieasonsbleness ol the claim wh}ch ts the bal,15 01 the creditor or tortchure proceeding and 11 Graf,tor gives Lender wrinen notice 0: the creditor or torteitwo proceeding and depositi with Lender mantes or a surety bond for tha credhor or lorteiture proceeding, in an amount dotermined by Lender, in lt* sole discrelion, as being an adequate reserve or bond for the dispute. Property Damage or Leâ€¢a. The Properly ts los I, stolen. substantially damaged, sold, or borrowed against. Event, Affecting Guarantor Any ot the preceding mvents occurs with respect to any guarantor. endorsaf, surely. 01 accommodation party 01 any of tho Indebledness of any guarantor. endorser. surety. or accommodation party dies of becomes Incompetent. or revokes or disputes the validity ol. 0, liability under. any Guaranty of the Indebtedness. In the event of a death. Lender. at Its option. may, but shall not bo required to, permit the gworarrtor's astate to essume uncondrticrully the obligations arising under the guaranty In a manner notistactory to Lander. and, in doing so, cure any Event 01 Delault. Adverse Change. A matenal adverse change occurs in Grantor's financial condition. or Lander believes the prospect ot pavment or peitormance 01 Ihe Indebtedness is kmpatred. Insecurhy. Lander m good tallh betiove: itself Insecure. Cure Provislons. 11 any default. other thon a default in payment ts curable and 11 Grantor has not bean given a notice Of a broach 01 the same provision of this Alsignment within the preceding twelve 112} monthi, 11 may be cured 11 Grantor, anar recerving writton notice from tander demanding cum ot auch default: fl) cures the default within tWentÂ¥ 1201 days; or (21 H the cure foquifes more then twenty {20} days, immediately init}ales stops which Lender deems in Lenderi sole d,Ecretion to be suffiCient to CurB the detautt and theroatter continues and completes all rensonable and necessary staps sulric,ent to produce Compliance as soon as reasonably practicol. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence or any Event of Default and at any time theicatter, Lender may exorcise any one or moro of the following rights and romediai, in oddrtion to any other nghts w remedies piovided by law: Accelerat, Indobtedne,m. Londar shst! have the right ot its option without notice w Grantor lo declim the entire Indebledness immodinloly due Ind payable, Including eny prepayment penalty which Grantor would be raquired to pay. Cottict Rentl. Lende, sham have the right, without notice to Grantor, to take possession ot the Propeny and collect the Rents, including amounts past due and unpaid. ond applY the net prnceods, over and above Lendmi'* coms. agmnst the Indebtedness. tn lurthoranco ot this right, Landef shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section. above. W the Rents are collecled by Lender. then Gromor j,revocably designates Lender n, Grantors attorney-in-fact to endorse instruments received in payment thereof in the name of Ganto, and w negotiate the same and CO;lect the proceeds. Payments by tenants of other users 10 Lender In reoponse to Lender') demand shall satisty the obligations for which the payments ace mode, whether or not any proper grounds for the demand existed. Lender may exorcise its rights unde, this rubparagraph oither In person. by agent, w through 8 receive(. Appoint Recelve. LBnder shell have the lighz to have n fsconver appolmed 70 take possession 01 011 or any part ol the Proporty, with the power to protect and preserve the Property, To operate the Properly preceding toreclosure or sate, and to collect the 08/26/2005 03:241 514037 Page: 3 of 5 51LVIA DAVIS PITKIN COUNTY CO R 25.00 D 0.00 ASSIGNMENT OF RENTS Loan No: 5362059-9001 (Continued) Page 3 Rents from the PropertY and apply the proceeds, ovor and above the cost 01 the recalvership. against the Indebledness. The receiver may serve without band if permitted by low. Landers right lo the appointment 01 a receiver shall exat whether of not the apparent value of the Proparly exceeds the Indebtedness by 8 substantial amount. Employment by Lender shall not disqualify a person from serving as a rece,var. Receiver may be oppanted by o court ot competent lunsdiction upon ex parte application and without notice. norice being expressly wal,ved. Other Remadiaa. Lender shall have ell other rights and romedies provided in this Assignment or the Note or by law. Electton of Romedles. Election by Landef to pursue any romedy zshall not exclude pursuit ot any other remedy, and an election to make expenditures or to take action to perlorm an obl}gation of Grantor under this Assignmont after Grantors failure W portorm. shall not affect Lender's right to declare a delautt and exercise its ramodus. Attomsys' Feen; Expenies. It Londor iorecloses or instnutes any suit or action to enforce any of the terms of this Ass,gnment Lender shaU be enthlod lo recover such sum as the colin may adjudge reasonable as attomers' fees at Vial and upon any appeal. Whether or not any court act,On ts involved, and to the extent not prohibiled by law, all reasonable expenses Lender incurs that In Lender's op,nion are necessary at any brne for the protection of its interest or the enforcemont Of its rights shall become a part ot the indebtednoss Payable on demand ariel shill boar intorast at the Note rote from the date 01 the expenditute until repaid. Expenses comied by this paragroph include, without tinutation. however subject zo any limns under applicable law, Lender's attorneys' tees whether or not theia is a lawsuit. including attornays' fees and expenses tor bankruptcY proceeding5 lincluding ettorts to modify or vacate any automattc stay or tr,unciton), appeals. and any antic,pated post-Judgment collection services, the cost 01 searching records, obtaining title ropons tincluding torectosure ropons}, surveyors' repons. and appraisal taos, title inguranco, and IeeE tor the Trustee, to the anant permitted by applicable law. Grantor also will pay erly court cosls, in addition to 811 other sums provided by law. MISCEUANEOUS PROVISIONS. The jollowing miscellaneous prov,sions are a pan 01 thin Ass,gnment: Amendmenti. This Assignment, tolothe with any Related Documents. consmules the entire understanding and agroement of the parbes as lo the maners sit forth in this Assignment. No alteration of cir amendment to this Assignment shaN be effactive unless grven in wrning and signed by the porty or parties sought To be charged or bound by the alteration or amendment. Arbitration 01*closurem. 1. ARBITRATION IS FINAL AND BINDING ON THE PARTES AND SUBJECT TO ONLY VERY LIMITED REVEW BY A COURT. 2. IN ARBITRATION THE PARTIES ARE WAIVWG THEIR RIGHT TO UTIGATE IN COURT, INCLUDING THEIR RIGHT TO A JURY TRIAL 3. DISCOVERY IN ARBITRATION IS MORE LIMITED THAN DISCOVERY IN COURT. 4. ARBITRATORS ARE NOT REOUIRED TO INCLUDE FACTUAL ANDiNGS OR LEGAL REASONING IN THEIR AWARDS. THE RIGHT TO APPEAL OR SEEK MODIFICATION OF ARBITRATORS' RULINGS IS VERY UMITED. 5. A PANEL OF ARBITRATORS MfGHT INCLUDE AN ARBITRATOR WHO IS OR WAS AFFILIATED WFTH THE BANKING INDUSTRY. 6. ARB{TRATION Will APPLY TO ALL DISPUTES BETWEEN THE PARTJES. NOT JUST THOSE CONCERNING THE AGREEMENT. 7. fF YOU HAVE DUESTIONS ABOUT ARBITRATION. CONSULT YOUR ATTORNEY OR THE AMERJCAN ARBITRATION ASSOCIATION. fal Any claim or cor,troversÂ¥ 1-Dispute-) between cr among the panics and thou employoes, oparns, affiliates, and assigns, Including, but not limited 10. Disputes arising out of cor folating to this agreement, this arbitrabon provision Carbitration clausel, or any related agreements or Instruments relating hcicto or delive,ed in connection herewiâ„¢ 1-Related Agrecments'), and including, but not limited to, a Dispute based on or ansing trom an alleged tort, shall at the request of any party be resolved by binding arbitration in accordance with the applicable sibitration rules D! the Amencon Arbitration Association [the -Adm,nistrator-1. The provisions of this Drbitration clause shall surv,vo any tarmmat,on, amendment. of expirallon 01 this agreemant of Related Agieements. Tha prowsions 01 this Bibitration clause shall supened* any pnof arbitration agreement between or among the parties. tb) The atbitration proceedings shall be conducted in a City mutually agreed by the parties. Absent such an agreement, arbkraton will be conducted in Denvot, Colorado or sush other place as may be detormined by the Adminimator. The Administrator and the arbitratorls) shall havo tha authority u) the extent practjcabie to take any act,on to require the arbitratton proceed}ng to bo completed and the arbitrator{51' award IBsued within 150 days ot the filing ol the DiSpute with the Admtrustrator. The arbitratorts) shall have the authority to Impose sanctions on any Barly that foils to comply with ttme periods Imposed by the Admmistrator or the arbitiatorts), inclucting the sanction 01 summarily dismissing any D:pute or dolense with prejudics. The mbitratorls) shall have Ihe authonly to resolva any Dispute regarding The terms of mis agraement. this arbitration clause. Di Related Agreements, including any claim or controversy regarding the arbitrability ol any Oispula. All limrtat*Dns periods apptable to any Dispule m delonse, whether by stitine or agreement. shalf apply to any arbitrotion proceeding herounday and the afbitiatorts} shall have the authority to decide whether any Dispute or detenie is barred by a limitations panod and. if 50, to summarily entor on award dismissing any Dispute or dofense on that basm. The doctrines or compulsofy counter,=18}m. re=5 judicati, and collateral estoppel shall apply to any arbitration proceeding herounder 50 thor a party must state as o counterclaim in the arbitration proceeding any claim or controversy which arises Out ot the transaction or occum,nce thal m the subject mattor of :ha Dispute. The arbiunlorts} may In the Dibitratorls}' discretion and al rho request 01 any party: {11 consolidate In a single arbitraten proceeding any other claim arising out of the same transaction involving another pony to thz, transaction that 6 bound by an arbitrabon clause wah Lender. such Ds borrowors. guaranlors, sureties. and owners of collateral; and (21 consolidate or administor multiple arbitrai,on claimi or controversies as a class acion in accordance with Rute 23 of lh, Fedoral Rules of Civil Procedure. {c} The arboratorls) sholl bo solected in accordince with the rules 01 the Admrustrator trom panels mmotamed by tho Administrator. A single arbitiator shall have exportigo in the mubject motter ot tho Dispute. Where three aftitrators conduct en arblvation proceeding, the Dispute :,hall be decided by a majoilty vote of the three art}ltrators. at least one of whom must have experuse in tho subject matter ot the Dispute and ar taast one of whom must be a practicing attorney. The arbitratorts) shotl Dword to the prevailing parry recovery of 81] costs and laes (including attorneys- tees and costs, arbitration administrobon fees and costs, and arbitrator {st' fees). The arbitratorts). either dunng the pendency 01 the arbitration proceeding 0, as part ot the arbitration award. 9150 may gram provisional or ancillary remodies including but not limited 10 an award of iriunctive reffet. tofecloiure, sequestration, attachment, replivin, garnishment, or the appontment 01 8 recorver. (d) Judgement upon an arbitration award may be entered in any court having jui:sdiction. subject to the lottowlng limitatlon: the arbitratton sword is binding upon the partles only il the amount does not exceed Four Million Dollars (44,000,000.001: if the award oxcoed: that limit, either party may demand the right ID a court ulat. Such a demand must ba filed with the Adrn:nistrator within thirty (301 days followng the date et tho arbitrat,on award; if such a demand is riot made with that tima period, the amount o# the Brbhration award shall be binding. The computation ot the total amount ot an zibitration award shall include amounts awarded tor ancineys' fees and costs, Bibilial,Dn admirustral,on fees end costs, and arbitiatorls}' tees. te) No provision ol this arbitrocon claute, nor the exercise ot any fights hereunder. shaM limit the right of any party to: 111 tudicially or non-tudiciany torectose against any real or personal property conateral or other sccuntÂ¥; 42) exercise self-he}p remedies, including but not limited to repossession and setoff rights; or 131 abram tem a court having junsdiction thereover any provisional O, ancillary remedies Including but not limited to njunctive rellot. tarectosure. sequestration. anachment. teplevin. garrushment. or the appointment of a recorvel. Such rightg can be exerc#ed at any time. batom or atter initiation ol an orbivallon ptoceeding. except 0 1he extent such action is contrary to the orbitrotion award. The axe/cise of such rights shsÂ» not lammilmimilimillimim. 08/26/200S 03:241 514037 Page: 4 of 5 SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 ASSIGNMENT OF RENTS Loan No: 5362059-9001 (Continued) Page 4 constitute a waiver ot Iho right to submit any Dispute to arbitration. and any claim of controveriy related to the exercise of such riohts shall be a Dispute to be resolved under the provisions of this arbitration clause. Any party may Initiato arbitration with the Admin:strator. If any party des:res to arbitrate a Dispute assertod agninst such parly in o complaint, counterclairn, crofs-claim. or third-party complaint thereto. or m an answer or other reply lo any such pleading, Buch party must make an appropriate motion to the trial court seeking to compel arbitrat}on. which mohon must be med with the court within 45 days ot sanrice ot the pleading, or amendment thereto, serting forth such Dispute. 11 arbitration is compelled aher commencemant of litigation of a D~pute, the party obtaining an order competling aibitratjon shall commence arbitration and pay the Administrator's filing tess and costs within 45 days ot entry ot such order. Failure to cio 30 shall constitute an agreemont to proceed with litigation and waiver of the nght to orbltrate. In any arbirrabon commencod by a consumer regarding e consumer Dispute, Lender shall pay one half ot the Admmist,]tor's filing toe. up to $250. If) Notwithstanding tho applicability 01 any other law to this aoreement, the arbhrauon clause, m Ratated Agreements between or among the parties, the Federal Arbitration Act, 9 U.S,C, Section 1 et seq., shall apply to the construction and interpretation ol this arbitration clause. If any provision ol this arbitration clause should be determkned to be unanforcoable, an other provisions ot this arbitration clause shall remaln m tull force and effect. Caption Headlngs. Caption heodingi in this Assignment are lor convenience purposes only and are not to bo used 10 Interpier or define the plowsions of this Aisignment. Governing Law. This Ailgnrnint will be govirred by, construod and enforced In accordance with iedoral law and tho laws of the State 01 Colorado. Thls Asstgnment hes beon accepted by Londir In tho Stita of Colorado. Joint Ind Sevent Unbmty. All obligations of Grantor under this Assignment shall be joint and several, and all raterences to Grantor ohall mean each and every Grantor. This means thol each Granto, sion,ng below IS responnible tor ati obligatans In this Ass,onmont. Morgir. Then shall be no marger ot the Jnterest or estate created by thts assignment with any other interest of estate m the Property at arly t,me held by or l or The benefit of Lander in any capacity, without the written consent of Lender. Interpret,tion. {1) In all cases where thore ts more than ono Borrower or Grantor, then all words used in this Assignment in the smgular shall ba deemed to have been umed in tho plural whom the conted and construction so requite. (21 H more than one person signs this Assignment as -Grantor: the obligations of each Grantor are joint and several. This means that If Lender brngs a lawsuit Lender may sue any one or more ot the Grantors. If Borrower and Grantor are not the sarne person. Landor need not sue Borrower first. and that Borrower need not be pined in any lawsuit. 131 The names given to paragraphs of sections in this Ass,gnmont ve tor convenience purposes only. They are not To bo taed to imerpret or define ihe provisions ol this Assignment. No Watvor by Lender. Lander shall not be deemed to have waived any rights under this Assignment un!08 such watvor is given in writing and signed by Lender. No delay Dr orn,nion on the part of Lender in exercising any right shall operate as a waiver ot such right or any other right A waivor by Lander 01 0 provision ol this Assignment shall not pâ€¢ejudice or constitute a wawar of Lender's right othenvisa 10 demand strict compliance with that prov:sion of any other pfovision ot this Assgnment. No prior waiver by Lender, nor any course ot dealing between Lender and Grantor, shall Constitute a warver of any of lender's rights of of any of Grantor's obligations a to any future transactions. Whenever the consent of Lender B requtrod under this Aamignment. the granting of such consont by lender m any,Mtance shall not constitute continuing Consent tO subsequent instances where such consent ts requ,red and in 011 casas such consent may be granted or withheld in the sole discrebon of Lender. Nottess. Any notice requ,red to be g,ven under this Assignment shall be given In writing. and shall be effective when actually detivered. when actually received by telefacstrnile lurdess otherwise required by law). when deposited with a nationally recognuod overnight courier. or, If maned, when deposited In the United States mail. as firut class, certified or registered mail Postage prepaid. directed to the addre;50S shown near the beginnIng of this Assionment Any party may change ttS address tor notices under this Assignment by giving formal written notice to the othe, panics, specifying that the purpose of the notice is 10 change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current - address. Unlass oiherwise provided or required by law, if there ts more than one Grantor, any notice given by Lender to any Grantor is deemed lo be notice given to 011 Grantors. Powers of Anomoy. The vanous agoncies ond powers of attornoy conveyed on Lender under this Ass:gnment 8,0 grantid for purposes ot security and may not be revoked by Grantor until such lima as the same are renounced by Lender. Soverabll}ty. If a court 01 competent jurisdiction finds any provision ot this Assignment to be Illegal, invalid. or unenforceable as zo any person or circumstance, that finding shali not make ihe offending provision illegat, Invalid, or unantorceable as to any other porson or circumstonce. If leasibla, the offending provision shall be considered modified so that it becomes legal. valid and entorceable. if the offending provision cannot be so modified, it shall be considered deleted Imm Ihis Ais,gnment. Unless otherwtso raquwed by law, the illegality, invatidirv, or unontorceability ol any provision ol this Asm,gnment shall not affect the legality. validity of ontorceability ot any other provision ol this Assignment. Succouorâ€¢ and Asslgrls. Subject to any limrtations slated in this Ass:gnment on transler of Grantor's interest, this Assionment shati be binding upon and inuie m the benefit 01 the parties, thoir successors and assigns. If ownership Ot the P,operly becomes vested in a person other than Grantor. Lender. without notico to Grantor, may deal with Grantor's successors with reference to this As~onment and the Indablednals by way of forbearance or exionsion without releasing Grantor trom the obligation~ Ot this Assignment Di liability under ihe Indebledness. Tlme 15 of the Es,ince. Time * ot the essence in the performance ot this Assignment. WAIVER OF HOMESTEAD EXEMPTION. Grantor hereby releasos and waives all nghts and benefits of the homestoad exampllon laws of the State of Colorado as to all Jndebledness secured by this Ass,gnmant. WAIVER OF RIGHT OF REDEMPTION. NOTWITHSTANDJNG ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON. EXCEPT JUDGMENT CREDITORS OF GRANTOR. ACOUIFUNG ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF TH{S ASSIGNMENT DEFINmONS. The following capitalized wo,ds and terms shill have the following meant,gs whan used in this Assignment. Unless specifically statod to the contrary. all references to dollar amounts shall moan amounls M lawful monoy of the United States 01 America. Words and m,ms used In the singular *hall include the plural. and the plural shall include thi Imoular, as the context may iequite. Words and terms not otherwise defined in this Assignment shail have the meanIngs attributed to such torms m the Uniform Commercial Coda: Aesignmint The word -Assignment- moans this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified from time to Ume, together with aH exhibb and schedules artached to this ASSIGNMENT OF RENTS Irom time to time. Bonower. The word -Bortowor- means JOHN R. LOUDERBACK and JACQUELINE M. LOUDEABACK. Doloult. The word -Default* means the Default Got torth In this Assignment m the secthon titled -Dolaute. Event of Dilautt. The words -Event of Default- mean any of the evenis o! dolault set lorth In this Agsgnment m the delault section of thls Assignment 1111111 lilli lilli ll'lll li ll'1111111111 Ill lilli Illl lili 08/26/2005 03:241 514037 Page: 5 of 5 SILVIA DAVIS PITKIN COUNTY CO R 26.00 0 0 00 ASSIGNMENT OF RENTS Loan No: 5362059-9001 {Continued) Page 5 Grantor. The word *Grantor- means JOHN R. LOUDERBACK and JACQUELINE M. LOUDERBACK. Guamnty. The word -Guaranry- means the guaranty from guarantor. endorser, swety, or accommodation parr, to Lender. Including wilhout limrtation a guaranty of all or parl ot the Note. indobtedness. The word -Indebtedness means all principal, Interest. and other amounts. costs and expenses payable under the Note or Related Documents, together with at tenewals 01, exlensions 01, modifications of, consolidations 01 and substituljons lor tha Note or Relaled Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lander to entorce Grantor's obligations under this Assignment, togethar with interest on such amounts 85 provided in this Assignment. Lender. The word Â»Lender' means VECTRA BANK COLORADO, NATIONAL ASSOCIATION, its successors and assigns. Note. The word *Note- means the piommory note dated August 18, 2005, In the original principal amount of $ 1.950,000.00 from Grantor zo Lender, together with all ronowals 01, extensions of. modifications ot, refinancings 01, consolidst,ons 01, and subsutution, for the promissory note cr agreement. Proparty The word -Propor-w' moons all of Grantors right, Inle and interest in and to aM the Property Ds described in the LAss,gnmont- section of this Assignmorn. Related Documents. The words -Ralated Documonts- mean all promissor, notes. credit agreements. loan agreements. environmental agreements, guaranties, security agreements, mongages. deeds of trust. secuity deeds. collateral mortgages. and all other insuuments, agreemonts and documents. whether now or horeaker existing, execuied in connection with :ha Indebledness. Rents. The word 'Rents' means 811 of Grantor's present and fulwa fights, title Bnd interest in, to and under any and all present and luture leases, including, without limhation, all rents, Tevenue. Income, Issues, royalties, bonuses, accounts rece,vable, cash or security deposits. advance rentals, profits and proceeds trom the Proparri. and other payments and benefits derived or to be derived trom such leases 01 ovory kind and nature, whether due now or later, including withour limitation Grantor's right to entorce such laoses and to receive and collect payment and proceeds thoreunder. THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT. THIS DOCUMENT IS EXECUTED ON AUGUST 18, 2005. GRANTOR: JOHN R. LOUDERBACK x *laine|ALL.LAA imldUok_ JACOUEUNH M. LOUDERBACK ./ v INDIVIDUAL ACKNOWLEDGMENT COLOOADD \ STATE OF COUNTY OF P ,-7-K),J ; SS On this day betore me. the undersigned Notary Public. personally appeared JOHN R. LOUDERBACK. to me known to be the individual described in and who executed the ASSIGNMENT OF RENTS. and acknowledged that he or she signed the Assignment as Ns or her trot and voluntary ~pt and dead. for the uses and p~O685 therein mentioned. A Given under my d 'c le this day of MUGVS) , 1029 Residing 0 \AFC-r An Mn/14- EA:VK_ Noiry Public In and lor thi ;tolo~dt â‚¬OLDRADO My commbsbn expires /-Zâ‚¬ 2007 \.j INDIVIDUAL ACKNOWLED~ MENTTAD--LAY NOTARY PUBUU STATE OF Cocolrwon j COUNTY OF P 1--1-)< / DJ , ss Le--7://6,/m#an t*"ms On this day betore me, thi undersigned Notary Pubtic, personally appeared JACQUEUNE M. LOUDERBACK. to me known to be the individual described in and who executed the ASSIGNMENT OF RENTS. and acknowledged that he or sho sjgned the Assignment as his or her troe and voluntary act and dead, for tho usei and purposes thore,n mentioned. Given under my h d ~~4 Â°â€¢tiE6 /1 day of fl us Vsy , 20Â£75 s. 11-will U rt beâ‚¬moâ€¢, VinTR* 8,0 rv}4- COLORADO Not.y palic in â€¢nd tor tho L~~,0~Lor,0 /?,9 0 D MY commt,ston explros /-15Â·zoo-7 r--1566KLAY .1*4-06--~ V- UD- C- --I--â€¢--â€¢ .D~ .. - My Commismon Expires 1-25-2007 Jam and Smudge Free Printing - www. avery.com Attachment 9 Use AveryÂ® TEMPLATE 51600 A*cra~ Xy~13-05-- 1-800-GO-AVERY Lewd&.~1- -_ r ANDERSON ANGUS A REVOCABLE ADAM P T ALEXANDER THOMAS L TRUST DO BOX 9066 715 E HYMAN AVE # 27 1201 BERING #7 ASPEN, CO 81612 ASPEN, CO 81611 HOUSTON, TX 77057 ASHTON JONATHAN G ATHLETIC CLUB MGMT SYSTEMS INC BARNETTJERALD 10 BOX 26 720 E HYMAN AVE STE 001 500 PRESIDENT CLINTON AVE STE 310 JAMES TOWN, CO 80455 ASPEN, CO 81611 LITTLE ROCK, AR 72201 BARTLETT KATY I BAUM ROBERT E ASPEN RES TRST BAXTER DAVID A '15 E HYMAN AVE #18 i PO BOX 1518 PO BOX 1112 ASPEN, CO 81611-2066 STOCKBRIDGE, MA 01262 CRESTED BUTTE, CO 81224 BERGMAN ALAN M dAYLESS GRANT J BERMAN PETER J & ROCHELLE L C/O ALAN M BERGMAN 1864 PEPPERTREE CT 10021 ORMOND RD 10960 WILSHIRE BLVD 10TH FL LONGMONT, CO 80503-7252 POTOMAC, MD 20854 LOS ANGELES, CA 90024 BOGAERT FAMILY TRUST BOOHER ANDREA LYNN BROWN JOEL & ANDREA )O BOX 300792 709 E MAIN STREET #303 585 SHIRLEY RD ESCONDIDO, CA 92030 ASPEN, CO 81611 , BIRMINGHAM, MI 48009-1642 JROWN MINDY ROBINSON & STEPHEN BULKELEY RICHARD C & JULIE J BURSTEN GABRIELLA 801 JOY ST PO BOX 2061 338 VOSS RD RED OAK, IA 51566 ASPEN, CO 81612 IOUSTON, TX 77024 DAVE LEONARD E REVOCABLE TRUST CAVE SANE)[U\ B REVOCABLE TRUST CHOOKASZIAN DENNIS & KAREN '10% 50% 1100 MICHIGAN .2938 PRICES DISTILLERY ROAD 1400 TUCKER LN WILMETTE, IL 60091 :LARKSBURG, MD 20871 ASHTON, MD 20861 JIPOLLINO NICHOLAS CITY OF ASPEN COATES NELIGH C JR 1 STRATTON RD BOX 379 130 S GALENA ST 720 E HYMAN AVE STRATTON, VT 05155-0379 ASPEN, CO 81611 ASPEN, CO 81611 COLBY WARD COLORADO MTN NEWS MEDIA COLOSI THOMAS W 15 E HYMAN #20 500 DOUBLE EAGLE CT 715 E HYMAN AVE APT 6 ASPEN, CO 81611 RENO, NV 89511 ASPEN, CO 81611-2099 :OORS PHYLLIS M QPRT COWART TRENT E CROSS JUDITH 'VILLIAM SCOTT COORS TRUSTEE 125 HAYWARD HGTS PO BOX 3388 . 5481 W 26TH AVE GLENROCK, PA 17327 ASPEN, CO 81612 GOLDEN, CO 80401 AH3AV-09-008- L Â®09LS weqeD el zaglan 809LS Â®AMMAW ~ I In-~ InADâ€¢Al MAAA nnirin, 260.,=c o i= =Go,innrlii,in :iniccoidii,i Jam and Smudge Free Printing - www.avery.com ~ AMERVÂ® 5160Â® Use AveryÂ® TEMPIATE 5160Â® 1-800-GO-AVERY DAILY CONNIE M DALY FRANK & ANNETTE DAMERELL TRUST 715 E HYMAN AVE #14 1555 ASTOR ST 44W 8444 LIMONITE AVE ASPEN, CO 81611 CHICAGO, IL 60610 RIVERSIDE, CA 92509 DELPHINIUMASSOC DEVINE RALPH R DODEA NICHOLAS T C/O WALTER S BAKER JR 715 E HYMAN #13 715 E HYMAN AVE #19 1022 POTOMAC ASPEN, CO 81611 ASPEN, CO 81611-2063 HOUSTON, TX 77057 DUNAWAY WILLIAM R & BARBARA DOWS PATRICE J DRESNER MILTON H REV LVG TRST ALLEN 1411 9TH ST SW 28777 NORTHWESTERN HWY PO BOX E CEDAR RAPIDS, IA 52404 SOUTHFIELD, MI 48034 ASPEN, CO 81612 EDGE OF AJAX INC EDGETTE JAMES J & PATRICIA ETTLIN ROSS L PO BOX 2202 19900 BEACH RD STE 801 715 E HYMAN AVE # 7 ASPEN, CO 81612 JUPITER ISLAND, FL 33469 ASPEN, CO 81611 FARRELL SCOTT W FELLMAN THOMAS FIGHTLIN JONATHAN D PO BOX 9656 809 NO 96 ST 715 E HYMAN #46 ASPEN, CO 81612 . OMAHA, NE 68114 ASPEN, CO 81611-2063 FLINT MARILYN TRUSTEE FLOWERS JUDY R FOX HERB 3945 KIRKLAND CT 715 E HYMAN AVE #1 PO BOX 1355 BLOOMFIELD HILLS, MI 48302 ASPEN, CO 81611-2063 WINTER PARK, CO 80482 FRANKS ROOK GARRITY PATRICK & PAULA GB INVESTMENTS LLC C/O HELEN WRATE CSI CAPITAL MANAGEMENT ATTN BLEILER GRETCHEN E 3414 SEABREEZE LN 445 BUSH STREET - 5TH FLOOR 414C AABC CORONA DEL MAR, CA 92625 SAN FRANCISCO, CA 94108 ASPEN, CO 81611 GLAUSER STEVEN JERRY & BARBARA GLICKMAN ADAM GLEDHILL ROBYN LEE GLAUSER MERCEDES BENZ - C/O C/O ROBERT GLICKMAN BOX 793 10391 WESTMINSTER BLVD 3959 N LINCOLN AVE ASPEN, CO 81612 WESTMINSTER, CO 80020 CHICAGO, IL 60613 GOODING RICHARD L 20% GOODING SEAN A 80% GORGE MICHAEL D C/O PARAGON RANCH INC C/O PARAGON RANCH INC 25300 FRANKLIN PARK DR 5755 DTC BLVD STE 250 620 E HYMAN - #1 E FRANKLIN, MI 48025 GREENWOOD VILLAGE, CO 80111 ASPEN, CO 81611 GUBSER NICHOLAS J GURHOLT CHARLES J & VERNE HAYLES THOMAS PO BOX 870 N5999 GURHOLT RD 715 E HYMAN AVE #5 ASPEN, CO 81612 SCANDINAVIA, WI 54977 ASPEN, CO 81611 Al]3AV-09-008-L @09:5 weqeB el zesÂ®fl nol C 8 1111Alp/ ~|1 .......... -A---r .9 .- -C-I.---...... ..,%.rr-%...... Jam and Smudge Free Printing lillill www.avery.com ~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY HESSELSCHWERDT BILL& TRISH HEXNER MICHAEL T TRUSTEE HODES ALAN & DEBORAH LYNN 10 BOX 1266 1130 SACRAMENTO ST #4 20135 NE 39TH PL 9ASALT, CO 81621 SAN FRANCISCO, CA 94108-1978 AVENTURA, FL 33180 HOPKINS ST VENTURE HOFFMAN JOHN S 111 HOULIHAN MICHAEL P C/O TED MUI_ARZ '15 E HYMAN AVE #16 490 S GAYLORD ST PO BOX 1328 ASPEN, CO 81611 DENVER, CO 80209 ASHLAND, OR 97520 HYMAN AVENUE HOLDINGS LLC HUNT SARAH J HURST FERN K CB MANAGEMENT PO BOX 1747 '15 E HYMAN AVE #22 1060 5TH AVE 605 SHERMAN PKWY ASPEN, CO 81611 NEW YORK CITY, NY 10128 SPRINGFIELD, MO 65801-1747 JOHNSON BARBARAWEAVER LIVING JALILI MAHIR JUSTIS KAREN L TRUSTEE TRUST ~O BOX 4150 2555 UNION ST PO BOX 3570 ASPEN, CO 81612 SAN FRANCISCO, CA 94123 LAS CRUCES, NM 88003 KANTAS NICOLETTE KASHINSKI MICHAEL R KRAVITZ MICHAEL C '15 E HYMAN AVE #15 0343 GROVE CT PO BOX 11207 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612-9630 KWIATKOWSKA JUSTYNA LANDA MICHAEL B LANDIS JOSHUA B DO BOX 1904 851 S JOSEPHINE ST 715 E HYMAN AVE #4 ASPEN, CO 81612 DENVER, CO 80209 ASPEN, CO 81611 ' LAZY J RANCH LLC LANDRY ELIZABETH J LEE GREGORY K & DEBBIE L C/O W R WALTON 10 BOX 3036 9777 W CORNELL PL PO BOX 665 ASPEN, CO 81612 LAKEWOOD, CO 80227 ASPEN, CO 81612 LEGNAME RUDI REV TRUST LIEB MADELINE TRUST LUNDGREN DONNA 202 STANFORD AVE 800 E HYMAN AVE #A PO BOX 6700 MILL VALLEY, CA 94941 ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 MAHONEY SHARON A MALLARD ENTERPRISES LP MARTELL FRED & BARBARA 10 BOX 11694 317 SIDNEY BAKER S #400 702 E HYMAN AVE ASPEN, CO 81612 KERRVILLE, TX 78028 ASPEN, CO 81611 - MAYLE KENNETH D MCCROSKEY PAMELA MCFADDEN GORDON K ~15 E HYMAN AVE #3 PO BOX 3123 18519 E VALLEY RD ASPEN, CO 81611-2063 ASPEN, CO 81612 KENT, WA 98032 AMBAV-09-008-L Â®09LS Weqe6 el zes!100 ..04LF ra,JIMAW (*1 ..i--â€¢Canâ€¢maa~aa ___ :,nir-In, 268,1-,sc n in ;Ge,in,-.Ii.1,0 linicâ‚¬:32041111 Jam and Smudge Free Printing - www.avery.com ~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY MCGUIRE JOSEPH B MONDRY ELIZABETH K & JOSHUA D NETHERY BRUCE PO BOX 10506 800 E HOPKINS UNIT B-5 715 E HYMAN AVE #25 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-2063 OBEREMBT MARILYN J NOONAN JOHN C OLDS BUNNY OBEREMBT B J 715 E HYMAN AVE #9 2010 3RD ST STE209 PO BOX 11240 ASPEN, CO 81611 SANTA MONICA, CA 90405 ASPEN, CO 81612 PATIO BUILDING COMPANY LLC PATTERSON VICKI POLLOCK WILLIAM HARRISON PO BOX 1066 PO BOX 8523 PO BOX 2421 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 PRICE GAIL PORTEOUS KIMBERLY R RAINER EWALD C/O ASPEN POTTERS INC 734 E HOPKINS 409 E COOPER AVE #4 231 E MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 RODBELL LINDA & ARTHUR ROGER RICHARD R ROSENFIELD LYNNE CARYN 773 FOLLIN FARM LN 16251 DALLAS PK\NY 709 E MAIN ST APT 203 GREAT FALLS, VA 22066 ADDISON, TX 75001 ASPEN, CO 81611-2059 ROSS NEIL ROTHBLUM PHILIP & MARCIA RUST TRUST 100 S SPRING ST 624 E HOPKINS AVE 9401 WILSHIRE BLVD #760 ASPEN, CO 81611 ASPEN, CO 81611 BEVERLY HILLS, CA 90212 RYERSON GEORGE W JR SAHN KAREN R SAHR KAREN M 715 E HYMAN AVE #17 715 E HYMAN AVE #11 715 E HYMAN AVE #8 ASPEN, CO 81611 ASPEN, CO 81611-2063 ASPEN, CO 81611 SAKSON DREW SALET PHILIP S TRUST 10/30/02 SCHAEFFER PAUL & JUDY TRUST P O BOX 1625 PO BOX 4897 5200 ENCINO AVE CARBONDALE, CO 81623-4625 ASPEN, CO 81612 ENCINO, CA 91316 SCHEINKMAN NANCY SCHULTZ WILLIAM & LEAH TRST SEID MEL 715 E HYMAN AVE #23 5110 SAN FELIPE RD 381 W 1104 DALE AVE ASPEN, CO 81611 HOUSTON, TX 77056 ASPEN, CO 81611 SHARP TERRI L SHOAF JEFFREY S SIMON JONATHAN H 715 E HYMAN AVE #12 PO BOX 3123 19 W 21ST ST STE 902 ASPEN, CO 81611 ASPEN, CO 81612 NEW YORK, NY 10010 mogLE; rinAM=!AW E~ Ill- â€¢Â£,3.0-AAA-AA nni,le i if;linal D io ofir, I inr:,11,110 1 Inicc=,1/1111 Al]3AV-09-008-L Â®09:5 weqeS el zegian Jam and Smudge Free Printing - www.avery. com ~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY SMART EDWIN J SPRING STREET PO SMITH JEFFREY L R L STEENROD JR & ASSOC C/O GULFCO LTD 851 S JOSEPHINE ST 2009 MARKET ST 616 E HYMAN AVE DENVER, CO 80209 )ENVER, CO 80205-2022 ASPEN, CO 81611 STRIBLING DOROTHY & THOMPSON RICHARD P TRAVIS SHELBY J 'VACHOVIA BANK NA FL0135 RUSHING JIMMY C 208 E 28TH ST - APT 2G ,)O BOX 40062 1171 BEACH BLVD NEW YORK, NY 10016 ACKSONVILLE, FL 32203-0062 JACKSONVILLE, FL 32250 VANWOERKOM LAURIE VICENZI HEATHER L WAGAR RICH 10 BOX 341 715 E HYMAN AVE #10 533 E HOPKINS AVE 2ND WOODY CREEK, CO 81656 ASPEN, CO 81611-2063 , ASPEN, CO 81611 WALKER JOHN S WEBB MARSHALL B WHITEHILL STEPHEN LANE kO BOX 11538 PO BOX 216 5320 W HARBOR VILLAGE DR #201 ASPEN, CO 81612-9537 SHELBURNE, VT 05482 VERO BEACH, FL 32967 WHITTENBURG CATHERINE C TRUST WH ITTEN BU RG 111 MARITAL TRUST J A WHITNEY FAMILY TRUST 20% 80% ;29 E MAIN ST 620 S TAYLOR 3011 S TRAVIS ASPEN, CO 81611 AMARILLO, TX 79109 AMARILLO, TX 79109 WOODS FRANK J 111 ZACK ROBERT J JR !05 S MILL ST STE 301A PO BOX 1904 ASPEN, CO 81611 ASPEN, CO 81612 x09 Lci gal)!:m A., EWA 43AV-09-008-1 Â®09L5 Nieqe15 el zes!1Rn â€¢-anÂ·am *aa~ - r,ni,1-1 jG- noc 0 12 =,fle,in.,1,1,1. Iniccol/11,1 Attachment 10 719 EAST HOPKINS AVENUE, LLC POST OFFICE BOX 11600, ASPEN, CO 81612 USA December 08,2005 CITY OF ASPEN Mr. James Lindt, Senior Planner Community Development Department 130 S. Galena Street Aspen, CO 81611 Dear Mr. Lindt: This letter is to certify that 719 East Hopkins Avenue, LLC and John R. Louderback and Jacqueline M. Louderback, owners of the property located at 719 E. Hopkins Avenue, give Stan Clauson Associates, Inc. and its staff permission to represent us in discussions with the City of Aspen and in the filing of a land use application for Subdivision, GMQS Exemption, Multi-family Replacement Program Certificate of Compliance, and any associated approvals at 719 E. Hopkins Avenue. We have retained this firm to represent us in the application for this project. If you should have any questions regarding this matter, please contact me. The representative's primary contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc 200 E. Main St. Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 clauson@scaplanning.com Very Truly Yours, 719 East Hopkins Avenue, LLC (4 04 vu, d# u cltil ~u/le By: John R. Louderback, Member I 3 4/1 0 4 vl/<*ui_ACL. c-le John Fk. Louderbatk JacÂ®eli* M. Louderback Attachment 11 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 429-2763 DATE 11/29/05 PROJECT: 719 E. Hopkins REPRESENTATIVE: Stan Clauson Associates OWTYPE OF APPLICATION: Subdivision, GMQS Exemption, Multi-family Replacement Program Certificate of Compliance, Possible Residential Design Standard Variances, and Special Review to increase allowable floor area ratio to 1:1 for Free Market Residential DESCRIPTION: The prospective Applicant would like to demolish the existing multi-family residential building (including the front unit that was originally constructed as a single-family residence, which is now considered a multi-family residential unit by definition) and construct a mix of free market residential units and affordable housing units to satisfy the multi-family replacement requirements for the property. In order to satisfy the multi-family replacement program requirements, the Applicant would have to replace 50% of the number of units, 50% of the number of bedrooms, and 50% of the net residential square footage being demolished as deed-restricted affordable housing. The affordable housing units to be constructed as mitigation for the multi-family housing replacement program shall not exceed Category 2 units pursuant to the terms established in the Aspen/Pitkin County Affordable Housing Guidelines. Subdivision approval is required because the Applicant is proposing a multi-family development. Staff would suggest that the Applicant could combine the review of the separate land use actions so that City Council would be the final review authority on all of the requests pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.430 Special Review to Increase allowable floor area 26.470.040(A)(3) GMQS Exemption for replacement of demolished units 26.470.040(C)(7) GMQS Review for development of AH 26.480 Subdivision 26.515 Off-street Parking 26.530 Resident Multi-family Replacement Program 26.710.180 Mixed Use Zone District Review by: Staff for complete application Referral agencies for technical considerations Community Development Director (final review of GMQS Exemption for reconstruction of demolished units) Planning and Zoning Commission (recommendation to City Council on Subdivision request, final review of Residential Design Standard Variances i f needed and GMQS review for development of AH unit) City Council (final review of Subdivision, Certificate of Compliance with Multi-family Replacement Program) Public Hearing: Yes at P & Z, Council 2nd Reading of Ordinance Planning Fees: $2640 Deposit for 12 hours of staff time (additional staff time required is billed at $220 per hour) Referral Fees: Engineering ($365), Environmental Health ($365), Housing ($365) Total Deposit: $3,735 Total Number of Application Copies: Subdivision and associated reviews: 30 Copies 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. Street address and legal description ofthe parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners ofthe property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreernent. 6. Pre-application Conference Summary. 7. An 8 1/2" x l l" vicinity map locating the subject parcels within the City of Aspen. 8. Proof of ownership. 9. Existing and proposed site plan, landscaping plan, and parking plan. 10. Existing and proposed floor plans and elevation drawings that include proposed dimensional requirements. 11. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 13. All other materials required pursuant to the specific submittal requirements. 14. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 15. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 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 the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 9 1 1 11 [Clf 2'J,miL C -lili Ble Edit Record Navigate Fgtrm Reports Format Iat) tlelp ..2 1 8.. 49 2 4 5. 651 3% Jump 1 3, 40 , 2 34 *- 2 233 . R),iting!:listory j Conditions ~ Subfermits ~ Yaluation 1 PUblic Comment 1 Customer Reguest :1 Attachment<s g Main ~ Routing Status j *.ch/Eng j Parcels ! Custom Fields } Fees i Fee Summarg ~ gctions Pennit Type ! aclu -J~Aspen Land Use 2004 Permit # 131 i.i} Â· ..-'i.!Ut: AbLU , ~ Addiess ~719 E HOPKINS AVE --~ Apt/Suite 1 . I. .*.. .ps 09 1ASPEN Statelco -1| Zip 181611 u[ i Pernid I nloimatton Master Permit ~ Routing Queue laslu Applied I 12/27/2005 pr,Diect ~ :3~ Status :pending Approved ~ Description TWO TOWN HOUSES AND 3AFFORDABLE HSG UNITS Issued i 1 Final t Submitted :SfAil CLAUSON 9%-2123 Clock Running Days ~ 0 Emies |1 jganÂ®6 r- Visible on the web? Pe,mit ID: 1 36849 Owner Last Name 919 E HOPKINS LLC LJ Fist Name DOHN LAUDERBACK PO BOX 11600 Phone (6261 7054138 ASPEN CO 81612 14;; Owner }*Applicant? Applicant ~ " ' .â‚¬,hÂ«-"WW-Â«4Â«U.4(.â‚¬~24<Â« - I , Last Name 1713E HOPKINS LLC Z~ Firs{Name pOHN LAUDERBACK ~0 80X 11600 1 ASPEN CO 81612 phone Â®36) 705Â·4138 Cust# 126619 Â¥ I .. . 4 2 . 1 %* id & 23#14 Ely V. Commenter's Reason: There are two parts to dealing with the quality coming in a distant second in terms of its average effect over the topographic wind speedup effect. The first part is to recognize the affected housing population (HUD, 1998). This indicates that in coastal problem, and require special design to deal with it when it occurs. This areas with 100 mph design wind speeds that a wind event of no more first part was addressed in RB26. The second part is to provide a than about 114 mph [100 x sqrt(1.3)] damage as realized in Hurricane prescriptive method of addressing the wind speedup effect, so that the Andrew can be expected for those homes with lower sloped roofs and majority of residential buildings can be safely built without requiring minimum root-to-wall toe-nail requirements currently in the IRC (e.g., 2- engineering design. Such a prescriptive method for topographic wind 16d box toe-nails). This proposal provides a simple alternative to a speed up is what is proposed in this code change. complex series of substantive changes that would otherwise be needed In response to comments at Cincinnati, the proposed prescriptive in order to bring the IRC wind provisions in line with those of the Wood method has been both simplified and clarified. Frame Construction Manual (WFCM) and other prescriptive standards The topographic measurements required are now clearly shown. in the basic wind speed range of 100 to 110 mph. The method itself is a simple look-up table- (No math required after Experience has shown that widespread damage is generally determining the slope of the hill.) associated with hurricane-scale events where as thunderstorm gust In some cases the table will show that the regular IRC prescriptive fronts are generally localized and short-lived- Therefore, this proposal provisions are ok. For other cases, a revised design wind speed will be to decrease the threshold to 100 mph is specifically aimed only at obtained, which will allow the direct use of the othertwo code-recognized regions affected by hurricane winds along the Gulf and Atlantic coasts, prescriptive methods, the Wood Framed Construction Manual (WFCM), in addition to Hawaii. and SSTD-10. Tofurthersimplifythings, the equations listed in the original proposal Cost Impact: This code change will increase the cost of construction. have been removed. They were there as a result of a request by the AWC to have a method to include the effects of k2 & k3 topographic Committee Action: Approved as Submitted multipliers into a prescriptive method. I f they want to include them in the WFCM, they now have the equations to base their prescriptive tables on. Committee Reason: Based on the proponent's published reason. This It is our assessment that k2 & k3 are seldom significant in residential change to 100 mph for hurricane prone regions allows for a broader construction, and the simplification of removing them from consideration margin of safety for conventional light-frame wood connections as well is large gain in ease of usability. This code change will allow an ordinary hobse designer to as light-gage steel uplift connections. prescriptively (and safely) design for wind speed up effects, using a simple look-up table. This will reduce costs due to engineering. Assembly Action: None Individual Consideration Agenda RB31-04/05 R301.2.1.1 This item is on the agenda for individual consideration because public comments were Proposed Change as Submitted: submitted. Public Comment 1: Proponent: Jason Smart, Institute for Business and Home Safety, Tampa, FL Charles B. Clark, Jr., Brick Industry Association, Revise as follows: representing the Masonry Alliance for Codes and Standards (MACS), requests Disapproval. R301.2.1.1 Design criteria. Construction in regions where Commenter's Reason: This proposal creates a contradiction within the the basic wind speeds from Figure R301.2(4) equal or code. Section R202 Definitions defines hurricane-prone regions as exceed 100 miles per hour (161 km/h) in hurricane-prone "Areas vulnerabie to hurricanes, defined as the U.S. Atlantic Ocean and regions, or 110 miles per hour (177.1 km/h) elsewhere, Gulf of Mexico coasts where the basic wind speed is greater than 110 shall be designed in accordance with one of the following. miles per hour (177 km/h), and Hawaii, Puerto Rico, Guam, Virgin Islands, and Samoa." (Remainder of section unchanged) If one inserted the text of the definition into the proposed code change as written, it would read: Reason: Structural analyses demonstrate that there are conditions where toe-nailed connections, wall assembly connections, and wall Construction in regions where the basic wind speeds from bracing requirements are clearly inadequate to resist design wind loads Figure R301.2(4) equal or exceed 100 miles per hour (161 with a reasonable safety margin. The wind uplift concern is most notable km/h) in [areas vulnerable to hurricanes, defined as the U.S. for roof slopes less than 6:12 and for longer span roofs. In some cases Atlantic Ocean and Gulf of Mexico coasts where the basic wind the safety margins approach or are less than 1 based on uplift resistance speed is greater than 110 miles per hour (177 km/h), and that has been confirmed by a dataset of about 130 different roof to wall Hawaii, Puerto Rico, Guam, Virgin Islands, and Samoa], or 110 connection tests from four independent studies- This concern is not only miles per hour elsewhere,. true for the conventional light-frame wood donnections, but similar concerns are also apparent in light-gage steel uplift connections (e.g., Obviously, this presents a problem. screws in withdrawal in 33 mil top track). For wall bracing, the issue is primarily a concern with higher roof pitches such that the roof structure Public Comment 2: contributes significantly to the lateral load on the building. The current wind bracing requirements in the IRC were not based on analysis as was done for the seismic provisions and do not address buildings with larger Joseph Knarich, representing the National roof structures as is common to conventional construction of today. Association of Home Builders (NAHB), requests This problem is similar to the problem in South Florida with respect Disapproval. to the use of 6d nails as the minimum roof sheathing requirement that lead to nearly 70 percentof the buildings having significant structural and waterdamage in an eventthat was moderatelyabove a design level wind Commenter's Reason: As justification for the code change, the event (e.g., 160+ mph vs. 145 mph). This indicates that 70 percent of proponent references the use of 6d nails for the minimum attachment of these buildings had a safety margin of no more than about 1.3 (e.g., roof sheathing in South Florida and the associated potential issues. 1652/1452), and many had a safety margin of one or less in comparison However, through the code adoption and modification process for the to design wind loads. This has been shown to be the primary cause of state, the code had been successfully modified to require 8d ring shank widespread roof damage with the more popular claim of construction nails in 2003. This modification successfully addressed the issue raised 244 2005 ICC FINAL ACTION AGENDA