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Home My WebLink AboutLand Use Case.S Aspen St.0075.2007.ASLUSCC"TH Asft,?j ST StA6L �'�S, ,JVol V'eSTt- p Pam( f'1-t'SS E krE-Nj Sl c P-1 . u� THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0075.2007.ASLU 2735-131-39-003, 2735-131-39-002, 2735-131-39-001 0 Zero Aspen — South Aspen Street Subdivision Jennifer Phelan Vested Rights Extension Aspen Land Fund, LLC 1 /29/2008 CLOSED BY Angela Scorey Aim Fie Eck Record Navigate Fgm Repcls FwMa Help 1yTtab SP Mehl Custom Fjelds I6.- IF- I Fee Suna.y I Y— I P.cejs I Sib Perms I i R.A gjjulory g Pont Type Ini, iAVm Lard Use P.eil p 075.2007.A5LU t 8i. Addess ZERO City JASPEN J Apt/Sute StatefEl) Zip F1611 1 Pe nA Iriormation - Mast. P—A V. Rang�Queue aslu07 Appied 12j1912007 J P ajea Slab. I j;k ApVoved F J De..O.IVESTED RIGHTS EXTENSION80UTH ASTEN STREET SUBDMSION/PUD laisd I J _z PARCELS: 2735-13139-003, 2735131 39-CM 2MI31-39-001 Fnal Stb,A 925-6950 Clodt Rimig Days Eepiet 12ji3J200B J - - - — Last Name LAND R1ND II LLC J Fist Name F 3636 BIRCH ST SUITE 260 Ph. NEWPORT BEACH CA 52660 w 0—IsAp*—,A? MDbant Last Neme LAND RM II LLC Z FM Name 3636 BIRCH ST Phone F— Custp 27398 2� SUITE 260 NEWPORT BEACH CA 92660 '.,...Larder Last Name f— Phone Fnt Name - - Edt , t_ Reaad I of l - Ll • DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows for the extension of vested rights for the development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The vested property right shall expire on July 28, 2009, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of the initial Order. This Development Order is associated with the property noted below. Aspen Land Fund Il, LLC— Attention John Sarpa, 300 Spring Street, Suite 301, Aspen, CO 81611, Phone: (970) 544-3541 Property Owner's Name, Mailing Address and telephone number Block 6 of the Eames Addition to the City and Townsite, Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen. Legal Description and Street Address of Subject Property The Applicant received a one year extension of his vested rights until July 28, 2009 as were originally granted by Ordinance 32 Series 2003. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Resolution No. 9 Series of 2008. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 29, 2007 Effective Date of Vested Rights Extension July 28, 2009 Expiration Date of Vested Rights Extension (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this IIth day of February, 2008, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: fV //Q , 200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, 14 n r, R /� �� "�' �"% (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: 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 the Community Development Department, which was made of suitable, waterproof 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 the 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) 0 40 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 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of .Q.�y^ lam, , 200� by / WITNESS MY HAND AND OFFICIAL SEAL My commission expires:4—NO25 Notary0 d,OAA . Zn • ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL dy Public Notice 70 PUBLIC NOTICE a DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and pursuant to the extension of a vested property g the Land Use Code of the City of Aspen and Title 24, Article 68. Colorado Revised Statutes, pertain ing to the following described property: Block 6 of 7 112,ames Block 11, Eames Additionon to the City antoothe CTwnsitity and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen, by order of the City Council on January 28,2008 through Resolution No. 9 (Series of 2008). The Applicant received a year extension of its vested 0 property rights (until July 28, ) o develop he site with their approved development plan o four teen (14) free-market townhomes and seventeen (17) affordable housing units. For further information contact Jennifer Phelan, at the City of Aspen Community 130 S. Galena St, Aspen, Colorado Development t do(970) 429-2759. s/ City of Aspen Published in the Aspen Times Weekly on February 10, 2008.(1144837) RESOLUTION NO.9 (Series of 2008) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003 FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-39-001 (Parcel 1) Parcel No. 2735-131-39-002 (Parcel 2) Parcel No. 2735-131-39-003 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a one (1) year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights on March 20, 2006 before the vested rights expired, which was approved via Resolution No. 36, Series of 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights before the vested rights expired in 2007, which was approved via Resolution No. 29, Series of 2007; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and will allow the applicant to participate in a master planning process of the subject property and some surrounding areas; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1 The Aspen City Council does hereby extend the vested rights until July 28, 2009, as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivsion/PUD with the following conditions: 1. That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Due to the Applicant's consideration of participating in a master planning process of the subject property and certain neighboring parcels, the existing application(s) for building permit shall be considered dormant by the Chief Building Official and Section 105.3.2., Time limitation of application, of the 2003 International Building Code shall not apply until July 28, 2009. Applicant shall have the right to reactivate the building permit application at any time prior to July 28, 2009. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3 This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A duly noticed public hearing on this Resolution was held on the 28th day of January, 2008 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a 5 to 0 vote on this 28`h day of January 2008. Approved as to form: Approved as to content: Attest: r-/s- "a PY4 . Wo cester, City Attorney Michael C. Ireland, M och, City Clerk Exhibit A Legal description of parcels 1, 2, and 3 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: P71 Block 6, EAMES ADDITION TO THE CITY AND TOWNSfTE OF ASPEN, more particularly described as follows: ine of Garmisch Street and the Southerly right of B r rrgat a pint f D� n�4venurehis the inersecon of the Easterly from whence th}e Northeast Comerrght of way of Section 113, Township 10 South, Range 85 West of the 6th wa, .i„�_, P.M-'tears N 5'3°20'28" East 814.56 feet; the^�s =_ic g u:e Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet to the Westerly right of way line of Aspen 3t yet, .,�,_a alc,7y said ^^,ht of way line of Aspen Street S 14°50'49" W 130 feet to the Nor ~zrly right of way fine of Juan Street; -rce ai,,rg said right of way line of Juan Street N 75°09"1" W 330 feet to the Ess`e Y right of way line of GarmischSt: aet; thence aiong said ng;i.t of way line of Garmisch Street N 14°50'49" E 130 feet to the point of Beginning. E\,c?TIP1G therefrom: The portion described in Bock 232 at Page 362. T �e move parcel is also described as follows: ge,inrring 3t 3 DOi t which is the intersection of the Easterly right-of-way line cf Garmisch Street and the Southerly right-of-way line of Dean A.v�nue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of th Sixth Principal Meridian bears N 53°20'28" E 914.56 feet, more or less; thence along the Souther y right-of-way lira of Dean Avenue S 75*09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; Street S 14`50'49" W 130 feet, more or less to the Northerly right-of-way line thence aiong said right-of-way line of Aspen of Juan Street; thence a!org said right-of-way line of Juan Street N 75°09" 1" W 29B.20 feet, to the Southeasterly comer of that parcel o iarz s;-,r'r� ir. ?cok 232 at Page 362; the,c N 4:�°=1'1 - `N along the Northeaster:y fir' of said parcel, a distance of 33.73 feet to the Northeasterly right-of-way fins o�: :ar-risc" S -,eet; thence along sa;=' right-of-way line of Gamisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCR!BcD AS FOLLOWS: �lcc EAMES ADDITION TO THE CITY AND TOW.lS;TE OF ASPEN, more par`icu'.arly described as follows: Beginning at a point which is the intersection of t�.e Easterly right of way line of Garmisch Street and the Southerly right of way lire of Dea � Ivenue, from whence the Non^east Corner of Section 13, Township 10 South, F.ange 85 West of the 6th Principal Meridian., bears N 53°20'28" East 81-.E3 feet more or less; thence along the Southerly right of way line of Dean ?venue S 75°09'11" c 330 feet, more or less to the Westerly right of wav line of Aspen Street; the�ce aiong said right of way line of Aspen S`� -et 3 14`50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; -+ t",ence along said right of way line of Juan Sur_ N 75'09'11" W 330 feet, more or less to the Basterty right of way line o Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Cierk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly P72 right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53'20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way fine of Aspen Street S 14'50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14'50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2: That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South. Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75*09'11" VV 131.25 feet; thence S 14'50'49"'JV 78.00 feet; thence S 03'55'43'd+1 164.99 feet; thence S 75'09'11" E 150.00 feet; thence N 14'50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 11, 15, 17, 13, 19 and 20, Block 11, EAMES ADDi7lON TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land 'sing part of Lot 1 of Section 13, Tcwr.ship 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14':0'49" VV 240.00 feet along the Westerly line of said Block 11 to the Southwesterly comer of Lot 20, Block 11, Eames Addition; thence N 03"55'45" E 164.99 feet; thence N 14'50'40' E 73.00 faet; thence S 75'09'1 ;" c 31.25 feet to the point of begin .ing. AND Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwestedy comer of said Lot 7; thence S 75*09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14'50'49" W 100,00 feet along the Easterly boundary line of said Block 11; thence N 75*0911" b'1 180.00 feet along the Southerly boundary line of said Lots 7-12 tc the Southwesterly comer of said Lot 7; thence N 14'50'49" E I�)0-00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the zou:h.,.vest comer of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55' E a distance of 0.7 feet; e of said L :i,'49" � along t,`e westerly tinot 7, a distance of 100.00 feet to the Northwest comer of said Lot 7, thence N 14'; also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence 3 75'09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 ---all to the Northeast comer of said Block 11, a rebar and cap PLS # 29030; thence S 14'50'49" W along tr:e Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030; thence N 75*0911" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. P73 AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. Regular Meeting Aspen City Council January 28, 2008 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE MOUNTAIN PLAZA (BIDWELL BUILDING) REDEVELOPMENT AND SUBDIVISON LOCATED AT 434 E. COOPER AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman DeVilbiss asked what effect an approval at first reading has. John Worcester, city attorney, stated it means that Council has complied with the requirements of the City Charter, requiring two readings of an ordinance. Worcester said the purpose of this is to give the public advanced notice when a project will be considered. Councilman DeVilbiss asked if Council's approval on first reading binds the Council to any specific approvals on second reading. Worcester stated it does not and it allows the project to proceed to public hearing. Councilman DeVilbiss moved to adopt Ordinance #1, Series of 2008, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Romero, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #9, SERIES OF 2008 — South Aspen Street Extension of Vested Rights Councilman Romero stated his firm is engaged with a component of this ownership in a different project; however, this is an extension of vested rights for a different project that already has approval, he stated he does not feel he needs to step down. Jennifer Phelan, community development department, told Council this is a request for extension of vested rights submitted by Aspen Land Fund 1I. This property is on South Aspen street and the current approval is 17 affordable housing units and 14 free market residential units. The project is being reviewed for a building permit. Ms. Phelan reminded Council they reviewed and denied a lodge, which would have been built in lieu of townhomes, for this property. Ms. Phelan told Council the applicant is considering participating in a master planning process for this area but would like assurance that the townhome project can continue. This resolution would give extension to July 28, 2009, of the vested rights while the master planning goes on. Ms. Phelan noted based on the review criteria, staff is recommending extension of vested rights with two conditions. Ms. Phelan noted the second condition would allow the existing building permit application to be dormant. Ms. Phelan pointed out the building code contains a requirement that the building permit expires after a certain time unless an extension is requested. This applicant is participating in the master planning process and would like the condition to state that the building permit section does not apply. The applicants would also like the assurance that they may reactivate the building permit application at anytime by adding "the applicant shall have the right to reactivate the building permit at anytime prior to July 28, 2009". Councilman Romero asked if there is any assurance there will be participation in the master planning process. Councilman Johnson noted the resolution does refer to the 0 Regular Meeting Aspen City Council January 28, 2008 applicant participating in a master planning process. John Sarpa, applicant, told Council they have had discussions with the Ski Company and Lift One Lodge to work on how feasible a master planning for this area is. Sarpa said they would like to freeze the townhome application and allow the master planning process to go forward. John Worcester, city attorney, said staff and the interested parties have agreed to present something to Council by February 251". Mayor Ireland moved to approve Resolution #9, Series of 2008, with amendments as outlined; seconded by Councilman DeVilbiss. John Worcester, city attorney, said the 4 parties - the Ski Company, two developers and the city — will request Council consider that entire area eligible for a COWOP. This will describe the area, the parties involved, the process to be followed, a timetable, the scope of work, and have Council identify members of the task force. Mayor Ireland asked if Council will have time to outline their goals for this process. Worcester said staff will hear from Council and can present it to the applicants. Worcester said staff would like to be as flexible as possible and have asked the other parties not to present their final goals. Councilman Johnson said he would like to meet with staff to let them know what he would like to see in a master planning process. Mayor Ireland said one of the things that could be done in the COWOP process is to have a P&Z review to get their input. Councilman Skadron said the ski lift is a significant component of the proposed application. Worcester said the Ski Company understands one of the points of discussion is moving the ski lift. Councilman DeVilbiss stated he has been skeptical about the COWOP process; however, he is resolved that where the Lodge at Aspen Mountain was headed was an all or nothing proposition. Councilman DeVilbiss said the COWOP might lead to something better for the area including moving the lift closer to town. Mayor Ireland opened the public hearing. Les Hoist said there should be language that protects the citizens of the community. Toni Kronberg said this could be one of Aspen's best diamonds in the entire community, if it is planned right. Ms. Kronberg said the COWOP process can be a good one if the public is included in it early. All in favor, motion carved. ORDINANCE #29, SERIES OF 2007 — 634 Hyman (Wienerstube) Subdivision Jessica Garrow, community development department. noted there is a memorandum from Stan Clauson dated January 28, 2008, two petitions with 40 signatures supporting the proposal, and a set of pictures from the area context provided by Charles Cunniffe. Ms. Garrow said there are two amendments from the applicant to provide a cash -in -lieu payment of $459,293 for 2.25 full time equivalent employees, which is in addition to the proposed on site affordable housing units. Ms. Garrow reminded Council the project 7 MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director AM FROM: Jennifer Phelan, Community Development Deputy Director RE: South Aspen Subdivision/PUD Extension of Vested Rights —Resolution - Series 2008 — Public Hearing MEETING DATE: January 28, 2008 APPLICANT /OWNER: Aspen Land Fund Il, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: West side of South Aspen Street near the base of Aspen Mountain. PROPOSED LAND USE: Currently approved for a free market residential and affordable housing townhome development, proposed is lodging development through a master planning process. PLANNING AND ZONING COMMISSION AND STAFF RECOMMENDATION: Approval with conditions. CURRENT ZONING & APPROVED USE SUMMARY: L and R-15 Zone District with a Lodge The Applicant requests an extension of their and PUD Overlay, approved for fourteen vested rights to July 28, 2009 with regard to the (14) fee -market residential units and existing approval for a free-market and seventeen (17) affordable housing units. affordable housing residential development. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: • Extension or Reinstatement of Vested Rights to reinstate the vested rights of the approved residential project to July 28, 2009, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). PROJECT SUMMARY: The Applicant has requested an extension of their vested rights for the project approved by Ordinance No. 32, Series 2003, which allows the applicant to develop the site with fourteen (14) free-market residential units and seventeen (17) affordable housing units. The ordinance vested the approval until July 28, 2006. The applicant received an extension of their vested rights to July 28, 2007 via Resolution No. 36, Series of 2006 while an alternative lodging development proposal for the site was under consideration and another year extension to July 28, 2008 via Resolution No. 29, Series of 2007. Since the extension of the vested rights, the application for the lodge project was denied by the City Council and the Applicant has submitted a building permit application for the townhome project. Currently, the Applicant is considering collaborating with several neighboring landowners on a master planning process for the area near Lift 1 A and S. Aspen Street. The Applicant would like assurances via an extension of the vested rights of the project that the townhome project will not become null and void if the Applicant participates in a master planning process since the outcome of the process is unknown. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting an extension of their vested rights until July 28, 2009 pursuant to Section 26.308.010 C. of the City's Land Use Code. The Applicant is requesting the extension of their vested rights because, "the Applicant cannot allow the residential project's vested rights to expire as the property's financing was made in reliance of the existing approvals. " Staff believes that the City would be better served with a hotel at this location rather than a purely residential development. It is in the City's best interest to add to its lodging bedroom base and a master planning process may provide an acceptable community solution with regard to development at the base of Lift IA. Therefore, Staff believes that the extension of vested rights would benefit the City by encouraging the Applicant to pursue a master planning process for the property. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights with an expiration date of July 28, 2009 for the South Aspen Subdivision/PUD with the following condition: That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Due to the Applicant's consideration of participating in a master planning process of the subject property and certain neighboring parcels, the existing application(s) for building permit shall be considered dormant by the Chief Building Official and Section 105.3.2., Time limitation of application, of the 2003 International Building Code shall not apply until June 28, 2009. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.q, Series of 2008, approving a extension of vested property rights for the South Aspen Subdivision/PUD as was originally approved by Ordinance No. 32, Series of 2003. The new expiration date will be July 28, 2009." CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A — Review Criteria and Staff Findings EXHIBIT B — Application RESOLUTION NO. 1 (Series of 2006) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003 FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-39-001 (Parcel 1) Parcel No. 2735-131-39-002 (Parcel 2) Parcel No. 2735-131-39-003 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a one (1) year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights on March 20, 2006 before the vested rights expired, which was approved via Resolution No. 36, Series of 2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights before the vested rights expired in 2007, which was approved via Resolution No. 29, Series of 2007; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and will allow the applicant to participate in a master planning process of the subject property and some surrounding areas; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1 The Aspen City Council does hereby extend the vested rights until July 28, 2009, as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivsion/PUD with the following conditions: That the establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 2. Due to the Applicant's consideration of participating in a master planning process of the subject property and certain neighboring parcels, the existing application(s) for building permit shall be considered dormant by the Chief Building Official and Section 105.3.2., Time limitation of application, of the 2003 International Building Code shall not apply until June 28, 2009 Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A duly noticed public hearing on this Resolution was held on the 28th day of January, 2008 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a to L-j vote on this _ day of 12008. Approved as to form: Approved as to content: John P. Worcester, City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Exhibit A Legal description of parcels 1, 2, and 3 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75*09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14'50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75*09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14'50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75*09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14'50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75*09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14*50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2 That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75*09'11" W 181.25 feet; thence S 14'50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75'09'11" E 150.00 feet; thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly corner of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75'09'11" E 31.25 feet to the point of beginning. I.\biI WE Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly corner of said Lot 7; thence S 75'09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14°50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75'09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly corner of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55' E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75'09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030; thence N 75'09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. 0 10 AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. 0 • Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.010.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding The Applicant was required to record the final plat, final PUD plan, and SubdivisionlPUD agreement which is required as part of Ordinance No. 32, Series 2003. Those documents were recorded on April 25, 2007. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding: The Applicant has pursued obtaining permits for the approved residential development. In addition to recording the necessary plat and associated documents, the Applicant has submitted necessary documents to the Community Development Department to obtain a building permit. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Finding - The Applicant, thus far, has paid the city approximately $270, 000.00 in fees. Staff finds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding Staff believes that the City would be better served with a hotel at this location rather than a purely residential development. It is in the City's best interest to add to its lodging bedroom base. Therefore, Staff believes that the proposed extension of vested rights would benefit the City by encouraging the applicant to pursue a master planning process with other neighbors in the Lift JAI S. Aspen Street area. Staff finds this criterion to be met. :7 VANN ASSOCIATES, LLC Planning Consultants December 17, 2007 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the South. Aspen Street Subdivision/PUD, a free market residential/affordable housing project (the "townhome project") which has been approved for development on three parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinafter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commitment). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. A land use application form, application fee agreement, and a list of property owners located within three hundred feet of the property site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval for the townhome project was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). As a consequence of several extensions granted by City Council, the approval is currently vested until July 28, 2008. The project's final plat, PUD development plan, and subdivision/PUD agreement were recorded on April 25, 3007. The Applicant is giving consideration to an alternative project for the property, including hotel rooms, affordable housing units, and fractional ownership lodge units. The City, the Applicant, and several neighboring landowners are in discussions regarding the feasibility of collaborating on a master planning process for the lands at the base of Lift 1 A, pursuant to Chapter 26.500 of the Aspen Land Use Code (the "COWOP" process). If a final approval for an alternative project for the Applicant's 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 Mr. Chris Bendon December 17, 2007 Page 2 property is eventually granted by the City Council, the townhome approval represented by Ordinance No. 32, Series of 2003 will be terminated. At the present time, however, it is unclear whether the COWOP process will actually be undertaken by the parties, and if it is, how long the COWOP review and approval process will take. In the event the COWOP process is not undertaken by the parties, or if an acceptable final approval for an alternative hotel project for the Applicant's property does not result from the COWOP process, the Applicant will have no choice but to continue with the development of the previously approved townhome project. The Applicant cannot allow the townhome project's vested rights to expire as the property's financing was made in reliance on the existing approvals. Absent approval of the requested extension, the Applicant will have no choice but to proceed with construction of the townhome project in order to maintain the prior approval's vested rights status. Pursuant to Section 26.3 08.01 O.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. All of those instruments were in fact recorded on April 25, 2007. 2. The progress made in pursing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursing the project. The Applicant has been making diligent efforts to obtain the requisite building permits for the townhome project since April of 2007. These efforts have included, inter alia, the preparation and recording of all necessary PUD documentation, the development of final architectural and engineering plans and specifications, additional environmental testing and monitoring, the demolition of the Mine Dump Apartments, site preparation work, and the submittal of various building permit applications and related materials to the City Building Department. Aggregate expenditures made by the Applicant to date in pursuing the townhome project are in the range of $3,000,000. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. Mr. Chris Bendon December 17, 2007 Page 3 Permit and impact fees paid to date by Applicant to the City in connection with the townhome project amount to approximately $270,000. 4. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. No community benefit would result by requiring the Applicant to continue with the development of the townhome project when the preferred alternative is a new mutually acceptable hotel/affordable housing/fractional ownership project and the inclusion of Applicant's property in a COWOP process for the base area at Lift IA. Both the City and the Applicant would best be served by the granting of an appropriate extension to allow adequate consideration of the feasibility of entering into the COWOP process, and if the decision is made to pursue the same, to allow the review and approval process to run its course. Applicant, in its discretion, may continue with the townhome building permitting process during the COWOP review and approval process. A one year extension is requested. If approved, the new deadline for the expiration of the townhome project's vested rights would be July 28, 2009. In the event the COWOP process is undertaken by the necessary parties but final City Council approval of an acceptable hotel/affordable housing/fractional ownership project for Applicant's property, coupled with the preparation and recording of the various documents required to memorialize the approval, cannot be achieved by July 28, 2009, a further extension will be needed to complete the process. Please note that the PUD agreement for a COWOP-approved project on Applicant's property, if such approval can be accomplished, will specifically vacate and abandon all prior approvals associated with the townhome project. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely scheduling of this application for consideration by the City Council would be sincerely appreciated. Yours truly, VANN SOCIATES, LLC 4junny Vann, AICP SV/cwv Attachments cc: John Sarpa Arthur C. Daily, Esq. 3804039_l.DOC EX/HIBIT 9 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Joyce Allgaier, 429-2754 DATE: 3/5/07 PROJECT: South Aspen Street PUD Vested Rights Extension REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Vested Rights Extension DESCRIPTION: The Applicant would like to extend the vested rights that were granted to the South Aspen Street PUD in Ordinance No. 32, Series of 2003. The Applicant has indicated a desire to extend the vested rights by one year to provide additional time for application preparation and City review of the Lodge at Aspen Final PUD that is proposed on the same site as the approved South Aspen Street PUD. Land Use Code Section(s) Section 26.304 Common Development Review Procedures Section 26.308.010(C) Extension or Reinstatement of Vested Rights Review by: Staff for complete application. Community Development Director for recommendation to City Council. City Council for final decision on the vested rights extension. Public Hearing: Yes. Referral Agencies: None. Planning Fees: Deposit of $1,410 for 6 hours of staff time. Referral Agency Fees: None. Total Deposit: $1,410 (Additional hours are billed at a rate of $235.00 per hour). To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 8 1/2" x I I" vicinity map locating the subject parcels within the City of Aspen. 7. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 8. Approved Development Plans on which vested rights are to be extended. 9. Copies of prior approvals. 10. 10 Copies of Application (Items 2-10). 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. EXHIBIT 14 V D 9 Insurancerparation a nra•xrZATAWVFWX ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3r0FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-qd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Issued By 1aulyersThlelmurance Crpo%42B Home Office: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 1-800-446-7086 B 1004-268 0 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: (b) ALTA Loan Policy -Form 1992 Proposed Insured: (c) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT15438PR2 Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND II LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITIQN COUNTY TITLE, INC. 601 E. HOPIONS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: "t Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. • • PARCEL 1: EXHIBIT "A" LEGAL DESCRIPTION Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75*09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75*09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75*09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75*09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14'50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75*09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14'50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75*09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2 That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75'09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75'09'11" E 150.00 feet; thence N 14'50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11 Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75°09'11" E 31.25 feet to the point of beginning. E Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly corner of said Lot 7; thence S 75'09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14°50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75'09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly corner of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55° E a distance of 0.7 feet; thence N 14'50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75'09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030; thence N 75'09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. • • AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. • March 5, 2007 Ms. Joyce Allgaier Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Allgaier: EEXHIBIT• Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company c:\oldc\bus\city.Itr\ltr45303.jaI. EXHIBIT Y LAND USE APPLICATION APPLICANT: Name: Location: -77%Z-�— GGS/��//Th{ (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Address: /2 /•�S , �� C'� Cf��/� Phone #: PROJECT: Name:Ti�/S/'- Address: Phone #: CJ 33C TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Green]ine, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ©� Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment %T11:2517"n EXISTING CONDITIONS: (description of existingbuildings, uses, previous approvals, etc.) -1-4 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $ [Pre -Application Conference Summary Attachment 41, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards • • EXHIBIT d CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development ADDlication Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: l . —APPLICANT�C7 ha�� fitted t CLT,Y an a p�f o�� (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a e of . ion of applicati completeness, APPLICANT shall pay an initial deposit in the amount of �/ which is for hours of Community Development staff time, and if actual recor ed costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director g:\support\forms\agrpayas.doc 11/30/04 APPLICA By: Dat J tJ Billing Address and Telephone Number: Required AH21AV-09-008-L umpni}sup leUJOYA ane AMM apina} Li Zell, u 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 APRIL FAMILY TRUST 114 INT 3501 S 154TH ST WICHITA, KS 67232-9426 BARBEE MARY K LIV TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BLUE LLOYD JR 279 GRAYTON TRAIL GRAYTON BEACH, FL 32459 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CHU FAMILY TRUST 2/3 INT LU NANCY CHAO TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 ivawe6jega ap sues 7 0 710 SOUTH ASPEN LLC 314 S GALENA ST STE 200 ASPEN, CO 81611 009LS 0A EXHIBIT D �/7 ALYEMENI MOH 3109 OAKMONT STATESVILLE, NC 28625 ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER ASPEN SKIING COMPANY LLC 35 E 21 ST ST PO BOX 1248 NEW YORK, NY 10010 ASPEN, CO 81612 BENT FORK LLC BERHORST JERRY C/O FESUS GEORGE BERHORST CAROLE PO BOX 9197 7161 LINDENMERE DR ASPEN, CO 81612 BLOOMFIELD HILLS, MI 48301 BILLINGSLEY FAMILY LP BLACKWELL CLARENCE A & ANNE H 1206 N WALTON BLVD PO BOX 3180 BENTONVILLE, AR 72712 ANNAPOLIS, MD 21403 BOURGAULT MARY JANE BRENNAN JACQUELINE NANCY 555 E DURANT AVE #4J 31 TRAINORS LANDING ASPEN, CO 81611 ASPEN, CO 81611 BRITTON CARI BRUMDER PHILIP G & ASMUTH PO BOX 12131 ANTHONY ASPEN, CO 81612 QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CABELL JOE CAIN DOUGLAS M C/O CHARTHOUSE CAIN CONSTANCE MOFFIT TRUSTEES 1765 ALA MOANA BLVD 1960 HUDSON ST HONOLULU, HI 96815 DENVER, CO 80220 CASPER MARY LYNN CHAPIN ANZLE TRUST 124 E DURANT #4 1887 STILLWATER ST ASPEN, CO 81611 ST PAUL, MN 55110-8507 r CHIATE PROPERTIES LLC CHRISTENSEN CINDY 20628 ROCKCROFT DR 109 JUAN ST MALIBU, CA 90265-5342 ASPEN, CO 81611 CITY OF ASPEN CROW MARGERY K & PETER D 130 S GALENA ST 46103 HIGHWAY 6 & 24 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81601 T i O09Ls@AU3AAfm 11 I �I Tainlea3 Iaad Ase3 ao; waded paaJT � @09LS 3-LVIdW31 @tiaAV asp a!7 ! laaUs uoil3nilsul aaS � ! slage3 lead �(se3 Ab3A`d-09-008-L uol:an4sul,p tum-A ne•n mm alllnal el zalinsuo* CYS RICHARD LAND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FALL CREEK CONSTRUCTION LLC 809 S ASPEN ST ASPEN, CO 81611 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN. CT 06840 GLICKMAN EDWIN C 2322 LAZY O RD SNOW MASS, CO 81654 GREINER JERRY M GREINER TERESA U 330 BICKLEY RD GLENSIDE, PA 19038 luawa6je4a op sues @09L5 @AH3AV I!jege6 al zes!1!;R 7 salad a salpel sananbq 0 CZAJKOWSKI MICHAEL DAVIS CAROL L CZAJKOWSKI SANDRA J 7838 HILLMONT ST 90 LA SALLE ST APT 16G HOUSTON, TX 77040-6108 NEW YORK, NY 10027 DONCER JOYCE TRUST DUNN STEVEN G 7641 W 123RD PL 107 JUAN ST PALOS HEIGHTS, IL 60463 ASPEN, CO 81611 ELDER TRUST ELLIS JAMES BYRON ELDER JERRY TRUSTEE 17 1/2 FLEET ST PO BOX 308 MARINA DEL REY, CA 90292 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G EVANS DAVID COURTNEY 29100 NORTHWESTERN HWY STE 200 PO BOX 952 SOUTHFIELD, MI 48034 ASPEN, CO 81612 FARINO CAROL FARR BRUCE K & GAIL H PO BOX 10421 PO BOX 5142 ASPEN, CO 81612 ASPEN, CO 81612 FELDMAN SELMA FLETCHER KAREN K & JAY R 300 S POINTE DR APT 2403 PO BOX 3476 MIAMI BEACH, FL 33139-7329 ASPEN, CO 81612 FRIEDKIN THOMAS H GARMISCH LLC PO BOX 4718 C/O MIE PROPERTIES HOUSTON, TX 77210-4718 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GILLESPIE JOHN E REVOCABLE TRUST GINSBURG-ANNE C & ROBERT B 775 GULFSHORE DR #4219 7933 YORKSHIRE CT DESTIN, FL 32541 '- BOCA RATON, FL 33496-1323 GOLDSMITH ADAM D PO BOX 9069 ASPEN, CO 81612 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 GRANT BROTHERS LLP 436 COFFMAN STE 200 PO BOX 908 LONGMONT, CO 80502-0908 HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 T ® OAU3/�V Tajnleaj lead Ase3101 �.� jaded paajT & ®09L531d1dW31®tianyas0 09L5 a �y 1 iaauc uoii�njisui aac .. ! �/7 slagel lead ASe3 A113AV-OD-008-1 uol�nJ�su!,p luawa6�ey� ap sua5 009LS cA113Av a!jege6 ai zaslll;D wortiane•mmm allmal el zalinsule V 40 salad a saioel sananb!l3 HARVEY JEFFREY & NANCY 711 S DEARBORN ST - #507 CHICAGO, IL 60605 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 HILL EUGENE D III & JOAN L TRUST 3 AVALON AVE P O BOX 129 PRIDES CROSSING, MA 01965 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 JAMES FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215A617 JUAN STREET HOA 119 JUAN ST ASPEN, CO 81611 KAUFMAN STEVEN 0554 ESCALANTE CARBONDALE, CO 81623 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LCH LLC C/O TOM DIVENERE 124 ANNAPOLIS LN PONTE VEDRA, FL 32082 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENDERSON BROTHERS LLC PO BOX 407 TROY, AL 36081 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 IAVARONE GIANFRANCO & RITA 341 ORIENTA AVE MAMORONECK, NY 10543 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #5D CHICAGO, IL 60611 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 LACY ROANE M JR PO BOX 367 WACO. 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FL 33429-1365 LIFT ONE LLC 72.40% 24 LINDENWOOD LN LITTLETON, CO 80127 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE. 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CO 81611 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 NORTHCUTT BARRY & JENNIFER 1905 MISSION HILLS CIR EDMOND, OK 73003 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 T ®0915®J17J3Ada kp Taanlea3 Iaad �Cse3 J01- waded paa3T ®09L5 31`dldIN3i @AJaAV asn ! laaUS uoil:)njlsul aat slagel Iaad Ase3 A2l3AV-09-008-L uopn4sul,p w0r/W9ne•AftMM elpal el zailn0 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ivauja6imp ap sues @09L5 ®AH3AV 1pege6 al zasllli(1 V * joled a salve} sonanbl13 PLEAS ALEXA RINGSBY GRAY 279 GRAYTON TRAIL PO BOX 1292 GRAYTON BEACH, FL 32459 HAIKU, HI 96708 ROARING FORK MTN LODGE ASPEN LLC ROARING FORK PROPERTIES TWO CREEKS BLDG C/O HOWARD A WILL JR 0021 BURNT MTN CIR 5055 26TH AVE SNOWMASS VILLAGE, CO 81615 ROCKFORD, IL 61109 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RYAN ELIZABETH H 112 INT COPE G RICHARD & NANCY M 1/2 INT 419 WINNEBAGO DR JANESVILLE, WI 53545 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHERER ROBERT P III 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 S►LVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 T ®09Ls®AU3AVn ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHAPIRO MARC & PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SM-15 SEELBACH WILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 Tajnieaj lead lse3 j01 �n ! iaaue uounnjisui aac ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA, GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SALITERMAN LARRY & NANCY 603 S GRAMISH ASPEN, CO 81611 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 jaded paajT !!7 � @09L5 31V'ld V31®tiany asB ! slagel lead Ase3 Ab3AV-OD-008-L uollaru:sul,p ;uawa6ae4:) ap sues 009L5 ®Ab3At/;uege6 al zaslll;fl wortiane nnnnnn alllna} el zatlnsu V 9 salad a same} sauonbp SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 81611-3813 STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #B-100 WILMINGTON, DE 19807 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 SOUTH POINT CONDO LLC SOUTH POINT CONDOMINIUM 150 N MARKET ASSOCIATION WICHITA, KS 67202 205 E DURANT AVE #2F ASPEN, CO 81611 SPAULDING RICHARD W STANTON JAMES THOMPSON ELEANOR M C/O WORLD-WIDE HOLDINGS CORP PO BOX 278 150 E 58TH ST CONCORD, MA 01742-0278 NEW YORK, NY 10155 STEINER DONALD R STEWART SCOTT BUCKHEAD GRAND 4710 PLAINFIELD CT 3338 PEACHTREE RD #3307 MIDDLETON, WI 53562 ATLANTA, GA 30326 STUART FAMILY TRUST 1/4 INT SZYMANSKI WILLIAM R & LYNNE E 1 CASTLEWOOD CT 2220 E SILVER PALM RD NASHVILLE, TN 372154617 BOCA RATON, FL 33432 TAYLOR HARVEY C TELEMARK APARTMENT 2 LLC W 301 N 9430 HWY E 2422 UNION ST HARTLAND, WI 53029 SAN FRANCISCO, CA 94123 THREE REEDS LLC TOLLEFSON JON S & JOANN M 2224 VIA SEVILLE RD NW 38 TRAINORS LANDING ALBUQUERQUE, NM 87104-3096 ASPEN, CO 81611 TRAINORS LANDING CONDO ASSOC TUCKER TIMOTHY H & PATRICIA A COMMON AREA EXEMPT 809 S ASPEN ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS VANDER WALL DEAN ROBERT & RLLP BEVERLYJ 210 AABC STE AA PO BOX 189 ASPEN, CO 81611 LONE PINE, CA 93545 WALDRON GAILYN L TRUSTEE WHITE JALEH PO BOX 7964 THICKMAN DAVID ASPEN, CO 81612 152 E DURANT AVE ASPEN, CO 81611-1737 WOODING MERRITT B WOODSON TATJANA D PO BOX 339 PO BOX 125 HOPE, NJ 07844 TETON VILLAGE, WY 83025 T Taan;eaj laad �(se3 ao; � waded paa3T ®09LS 31V1013i @AAant/ asB ®09L5®ll2lt/S 0� I S >� ! F D slagel laad �(se3 ;aa4S uol;�na;su as A113AV-09-008-L uoi:pwul,p juawa6jeq:) ap suaS 009LS @AI13A173!jege6 al zasll!in wortiane nAMM a!!inal e! za;!nsu� V 0 ja!ad a sa!pe} sauanbrl3 WOW LIFT ONE LLC WRIGHT LISA WUGALTER JOEL C/O WARSTLER ROBERT T PO BOX 3770 3200 N OCEAN BLVD #909 10 WINDJAMMER LN ASPEN, CO 81612 FT LAUDERDALE, FL 33308 MTARLINGTON, NJ 07856 T ®09L5®AU3AVO Tajn;eaj laad Ase3 101 �..� jaded paajT � @09LS 31VidIN3i @AjaAV asfl !/7 l laaUC uoiljnjlsul aaS �� ! y] slageq laad Ase3 EllORDINANCE NO.32 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS FOR AFFORDABLE HOUSING AND RECONSTRUCTION OF DEMOLISHED MULTI-leAMILY I3UILDING, IIEZONING TO 11111 WITH A PUD OVERLAY, AND A SPECIAL IIEVIEW TO ESTABLIS11 TIlE, AFFORDABLE MOUSING PARKING REQUIREMENTS FOR THE: I'll 0PERl'Y TO BE DESCR113ED AS PARCELS I, 2, AND 3, OF TILE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITK:IN COUNTY, COLORADO. Parcel No. 2735-131-13-001 (Parcel 1) Parcel No. 2735-131-14-003 (Parcel 2) Parcel No. 2735-131-23-001 (Parcel 3) WHEREAS, the Community Development Department received an application• from Aspen Land Fund II, LLC, owner, represented by Vann Associates, LLC, requesting approval of a Final Planned Unit Development Plan including requests for Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable Housing and reconstruction of a demolished multi -family building, Rezoning to LIM, and Special Review to establish the off-street parking requirements for the property described as, Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel 2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the development property consists of three (3) parcels zoned LITR and R-15 with a Lodge and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly noticed public hearing after taking and considering comments. from the general public, and recommendations from the Planning and Zoning Cornmission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and recommended approval with conditions; and, 486407 it Page: 1 of 10 08/04/2003 11:49R clr+ VTG nnVTC PTTKIN COUNTY CO R 51.00 0 0.00 0 - 0 WHEREAS, during a duly noticed public hearing on June 3, 2003, the Planning and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the C0mtntutily Development Director, the Ashen/Pitkin County Ilniisinb Authority, the applic;011c referral ,i6cn6c.q, and has liken ;uid considered public ulnununl ;il ;1 public hearing; and, WIIEREAS, the City Cotimil finds Ilia[ the clevclopmcnl proposal rnccls or exceeds all applicable development standards and Ihat the approval of, the devclopmenL proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that tivs Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Parcel 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to L/TR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi -family building to be demolished (Mine Dump Apartments), and for Special Review to establish the off- street parking requirements for the development of fourteen (14) free market town homes and seventeen (17) affordable housing units subject to the following conditions: 1. A Subdivision/PUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C). 486407 �I I II page: 2 of :0 l� ! 08/04/2003 1::49R 11I - , _ I SILVIP DAVIS PIT OUN Y CO R 51.00 0© r� u 0 A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the fmal approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, aril Ilse location of utility pedestals. An illustrative site plain oftl►u pro_lucl showing the proposed improvements, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. C. A drawin re resenting the project's architectural character. d. revised drainage plan and re rt, including an erosion control plan, shall be r a Colorado licensed Civil Engineer, in w c wells will only be allowed to handle runoff from foundation drains, parking garage ramps, and roof drains. All other runoff shall be directed towards. the City's storm water system. e. revised infrastructure plan indicating that all road mprovements shall b ned. The plan shall also indicate that there s a e no super -elevated curves permitted. Juan Street and South Crarmisch Street (to the extent of Parcel 1's street frontage) shall be widened to 27 feet as measured from the outer edges of the curbs. The minimum slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: Dimensional Requirement Proposed Development Minimum Lot Size 6,000 sf. Lot Area Per Dwelling Unit 1,100 sf. per bedroom. (81 bedrooms on 89,127 sf. of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback 10 ft. per parcel Side Yard Setback 5 fl. per parcel Rear Yard Setback 10 ft. per parcel Maximum Height 28 feet except where deed restricted Percent of Open Space 27% (cumulative over all 3 parcels) 'Iilllllllllll!III'!f�lll!Illlf'llllllll!IIIII'III!II 486400r Page: 3 of 10 03/04/?003 11:49A A. 1 a rAa Allowable External FAR .83:1 (73,381 sf cumulative over all three parcels) -lH Off -Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unit)(cumulative over all threeparcels) Free Market Off-Slreet. 28 Parking Spaces (2 spaces For cacti dwelling Parking unil of 2 or more hcdronins, and I space Ior each olio hedroom and S111dio nnit)(cumulalive over all tltrceparcels) 4. 'The building permit application shall include the following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off - site replacement or mitigation of any removed trees. C. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. 2. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and are understood. n. All tap fees, impacts fees, and building permit fees shall be paid prior to building permit issuance. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. i. A State of Colorado Steno Water Management (Erosion Control) Permit because the land area of the development is over an acre. j. A PM-10 mitigation plan for review and approval by the Environmental Health Department or a cash -in -lieu payment in the amount to be calculated by the City Environmental Health 486407 image: 4 of 10 I . i "ziL'JIR DRViS PiTKi,: .MNT`! Co li R 5i .00 8. 04U2003 11 --;A00 Director that is to be used entirely to implement PM-10 reduction methods. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. (i. The Applicant shall agree Ilrat there will he no construction material or chnnp5tcrs stored on the public rights-of=wa.y unless a lumporary encroachnicnt license is granted by the City L'nginccr. In addition, the Applicant shall submit a flrll set ofconstruction management plans as part ol'lhc building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. 7. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Garmisch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street. The point of beginning for the main replacement on South Garmisch Street shall be the existing valve complex (serving the Barbee PUD) north of the intersection of Dean and Garmisch. �I ssao IIPi9I!PII!III'��IIII'�iilllY��IIIIVIV1CIIlI'illlll e;9:.�::... This is approximately 80 feet further north of the point of beginning shown on the schematic utility plan dated June 21, 2002. 11. The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps. 12. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. If new sewer lines are regi.iired, then the existing service must he excavated and disconnected at the main sewer Iinc. No clear water connections (cool, loiindalion, perimeter drains) shall be allowed to drain to ACSD lines. All iniprovcnienls llclow grade shall rcq►.iire the use ol'a pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standards. In addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. 13. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportionate costs associated with the development for the replacement. of the main sanitary sewer lines located m S. Aspen Street, Dean Street, and near the Post Office. 15. The Applicant shall enter into a main line extension and collection system agreement with the Aspen Consolidated Sanitation District prior to applying for building permits for the development. 16. In the event that snowmelt is installed, the Glycol containment areas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development. 17. The Applicant shall at their sole expense replace the existing substandard sewer line located in the alley of Block 61 between S. Garmisch and First Street in First Street. 8. The Applicant shall extend the existing storm water sewers south on both S. Aspen Street and S. Garmisch Street as far as Dean Avenue. Additionally, the Applicant shall extend the existing storm sewers to the Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue/ S. Garmisch Street intersection. As required by the City Engineering Department, catch basins shall be installed at these intersections. 19. All landscaping in the public right-of-way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right -of -Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation_ The ��Ill�lllilliillPl!�IIIIIPdIIIIIIIIIIIIIPdllllllll °•=°°e� ._e. Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. All plantings along the edge of the subject properties or within the public right-of-way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by the City or the developer. 20. All exterior lighting shall meet the City of Aspen Ughting Code requirements set forth in Land l.Jse Code Section 26.575.150, as may he amended from time (o time. 21. The Applicant shall pay a proportional amount of the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Parcel 3 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free market units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Parcel 2 have -eceived Certificates of Occupancy. The free market units on Parcel 1 shall also not be issued Certificates of Occupancy until the affordable housing units on Parcel 1 have received Certificates of Occupancy. 23. The Applicant shall convey an undivided fractional interest (one -tenth o one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purpose of complying with the Colorado Supreme Court Decision regarding rent control legislation. The deed of conveyance shall contain such terms and conditions that are mutually acceptable to the City and the Applicant. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category 1 Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category 1 Units 7-3 Bedroom Category 2 Units 4-3 Bedroom Category 3 Units i I I I 4e6407 I Page: 7 0i 10 I II I I I 08i01?003 11:49P C.0.00 II i 00 Ir Il 51 . ro R 26. The deed restrictions on the affordable housing units on a given parcel shall be filed in conjunction with an application to condominiumize the free market units but prior to issuance of a Certificate of Occupancy on any of the units on said parcel.-. The deed restrictions shall meet the following: a. The deed restrictions on the affordable housing Units shall be defined by the rental price terms in the Aspen/Pitkin County Affordable I lousing Guidelines in affect at the time ol' I7inal NJD approval. 27. The Applicant shall record a housing replacement agreement which sets forth the terns and conditions by which the replacement housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants of the Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted first priority through an internal lottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement marking on -uan Street that prohibits on -street parking. 30. The Applicant or their successors or assigns shall maintain the common driveway between Parcels 2 and 3. . 31. The Applicant shall install an adequate fire alarm system throughout the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Marshal prior to building permit issuance to review alarms and sprinkler system plans. 32. Soil nails shall not be allowed within or under the public right-of-way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of-way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehicular traffic on South Aspen Street, causing a revocation of the road's 15-year pavement warranty that results from accelerated road deterioration. The Applicant shall be proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 15- year pavement warranty. 1,111111 , 1111 II I1, 111 II 111 411640IPage: 8^.1 10 I 08/-,4/2003 11:a3A �nUT ❑i TYTl.I InIMITI rn A r, 001 D 0.90 35. The Applicant shall provide a twenty-five (25) foot wide improved public access way with drive -on, slanted -face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City Engineering Department recommends that the Applicants obtain flood insurance For the proposed units if available. 37. The Applicant shall install tree saving; construction Fences around the grip line ol*any trees to he saved. a. The City Forester or his/her designee must inspect this Fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. A native vegetation protection fence shall be installed on the western property boundary of Parcels 1 and 2 between Parcels 1 and 2 and the Barbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Parks Department Representative prior to construction. There shall be no storage of construction materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native area beyond this protective fence. 39. The Applicant or their successors or assigns shall maintain the Open Space on the site including the Park proposed on Parcel 1. 40. Pet waste stations shall be installed in the Park. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof CPrtinn S- A public hearing on the ordinance shall be held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 486407 I page: 9 of 10 I I I 04%Z003Jai 11. =n ll,T J COUNTY 00 I�� _ 2 S_ .00 C 0.50 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of June, 2003. lie en Ka h CI c e i , Mayor Mtest: i Kathryn S. "h, City Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Attest: Kathryn S. 11,34, City Clerk Approved as to form: John P. Wor, ester, City Attorney i 486407 II I page: 10 f 05//04/200311049R SILVIA DAVIS FITKIN COUNTY CO R 51.00 D 0.00 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 602 S. Garmisch street, 101, 103,105 E. Dean street, 124, 126, 128, 130, 132 E. Juan street, 701, 703, 705, 707, 709, 711, 713, 715, 717, 719, 721 S. Aspen street, Aspen, Colorado SCHEDULED PUBLIC HEARING DATE: January 28, 2008 STATE OF COLORADO County of Pitkin I, 2<1A4620t46 SN (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: X_ 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 of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof 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 in a conspicuous place on the subject property at least fifteen (15) days prior to the public hearing and was continuously visible from the 1Oth day of January , 2008 to and including the date and time of the public hearing. A photograph of the 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, and, 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. RECEIVED cCEIVED (continued on next page) JH�4 11 �nn� CITY F ASPEN COMMUNITY ' 'dELOPMENT 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 of owners of real property in the area of 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 amend Signature The foregoing "Affidavit of Notice" was ackpowledgd before me this %/ day of J /1 �, 2006, by M M MARSHALLY PUBLIC COLORADO My Commission Expires 09/20/2011 WITNESS MY HAND AND OFFICIAL SEAL ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL Alin v 0.51 lot g, IT f t A ..y aw'ie''s,. o 'r 0*44 •ate%: - w �. _ :E �Siri f E a' , e: 3 �� . , � ... wpm •MOM AUC NOTICE OEN STREET °UD -'JESTED FUGHTS `` � a�'• �_�,yec�, ,R- „�.- ,,,� � time > r � '�,y: ♦� � r•.. � '_ fy+#.7R�„ ��;..�'iC.", � h 1 '� r} t -Yw .{a* ry Ilk IL A 04, z V�l INV r ' N. t �f a jiIva r e � --'*'^�� _. Y.. � �. .., �,�� , -�. �• , � � '• � y � tee. y gIlk, "r t r , ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200 a STATE OF COLORADO ) ) ss. County of Pitkin ) I, 4�i.Xlkly �'4*y111-1 (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) of the Aspen Land Use Code in the following manner: 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 the Community Development Department, which was made of suitable, waterproof 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 the 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 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) 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 of owners of real property in the area of 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 amendmep% The foregoing "Affidavit of Notice" was acknowledged before me this a day of �atyt ►�u.•,� , 200E , by g U rnr.�, ON A)r �AOTA/? Z PUBLIC O -q'-"///O"Cio�-,�O�` 0 n Expires WITNESS MY HAND AND OFFICIAL SEAL My commission ex Tres: b 4ar'y Public ATTACHMENTS: COPY OF THE P UBLICA TION PHOTOGRAPH OF THE POSTED NOTICE (SIG19 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL �J PUBLIC NOTICE RE: SOUTH ASPEN STREET SUBDIVISION AND PUD - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 28, 2008, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Aspen Land Fund II, LLC, 300 Spring Street, Suite 301, Aspen, CO 81611, which is the owner of the subject property. The Applicant requests an extension until July 28, 2009 of their vested rights to develop the site with their approved development plan of fourteen (14) free-market townhomes and seventeen (17) affordable housing units. The property is legally described as Block 6 of the Eames Addition to the City and Townsite, Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen.For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, jennifep@ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on January 13, 2006 City of Aspen Account Aa3AV-0E)-008-L wortiane•nnnnnn uo!;:)na;su!,p appal el za;lnsu� ;uawa6jey:) ap SUDS V • 009LS ®AH3AV 1!-iege6 al zaslll;n salad a salpe} sa:49nbl;� 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALYEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE #3D ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 603 SOUTH GARMISCH LLP 603 S GARMISCH ST ASPEN. CO 81611 APRIL FAMILY TRUST 1/4 INT 3501 S 154TH ST WICHITA, KS 67232-9426 BARBEE MARY K LIV TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BLUE LLOYD JR PLEAS ALEXA PO BOX 1569 GRAYTON BEACH, FL 32459 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CHU FAMILY TRUST 2/3 INT LU NANCY CHAO TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 710 SOUTH ASPEN LLC PO BOX 4560 BASALT, CO 81621 ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 BASMA AKRAM & NADA 6318 23RD ST NW BOCA RATON, FL 33434 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN, CO 81611 BRITTON CARI PO BOX 12131 ASPEN, CO 81612 CABELL JOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CASPER MARY LYNN 124 E DURANT #4 ASPEN, CO 81611 CHIATE PROPERTIES LLC 20628 ROCKCROFT DR MALIBU, CA 90265-5342 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 T _ waded s T @09LS 31VIdW31®tiaw aspTA .09LSnAN3A/�v 1aa11C IIni'lln 11C111 ==r AHMV-OD-008-L uopnjlsul,p ;uawa6jey:) ap sues ®09LS ®A213A`d 1pege6 al zesimn wor/Gane'NVV A alma} el za;lnsuo is jalad a saline} sauanbi13 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS. CO 81601 DANCING BEAR LAND LLC 210 N MILL ST #203 ASPEN. CO 81611 DONCER JOYCE TRUST 7641 W 123RD PL PALOS HEIGHTS, IL 60463 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G 701 S MONARCH ST #2 ASPEN, CO 81611 FARR BRUCE K & GAIL H PO BOX 5142 ASPEN, CO 81612 FLETCHER KAREN K & JAY R PO BOX 3476 ASPEN, CO 81612 GARMISCH LLC C/O MIE PROPERTIES 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, FL 33496-1323 GRANT BROTHERS LLP 436 COFFMAN STE 200 PO BOX 908 LONGMONT, CO 80502-0908 CYS RICHARD L AND KAREN L CZAJKOWSKI MICHAEL 5301 CHAMBERLIN AVE CZAJKOWSKI SANDRA J CHEVY CHASE, MD 20815 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DAVIS CAROL L DOLINSEK JOHN 7838 HILLMONT ST 619 S MONARCH ST HOUSTON, TX 77040-6108 ASPEN, CO 81611 DUNN STEVEN G EAST JAMES COLLIER TRUSTEE 107 JUAN ST 5800 R ST ASPEN, CO 81611 LITTLE ROCK, AR 72207 ELLIS JAMES BYRON ELLIS PAUL DAVID 17 1/2 FLEET ST 100 E DEAN ST #2F MARINA DEL REY, CA 90292 ASPEN, CO 81611 EVANS DAVID COURTNEY FALL CREEK CONSTRUCTION LLC PO BOX 952 PO BOX 10420 ASPEN, CO 81612 ASPEN, CO 81612 FAULKNER JOHN L FELDMAN SELMA 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 FREIRICH MARK A FRIEDKIN THOMAS H PO BOX 774056 PO BOX 4718 STEAMBOAT SPRINGS, CO 80477 HOUSTON, TX 77210-4718 GILBERT DONALD C 2004 TRUST GILLESPIE JOHN E REV TRUST 67 TURTLE BACK RD S 775 GULFSHORE DR #4219 NEW CANAAN, CT 06840 DESTIN, FL 32541 GLICKMAN EDWIN C GOLDSMITH ADAM D 2322 LAZY 0 RD SMITH RONA K SNOW MASS, CO 81654 PO BOX 9069 ASPEN, CO 81612 GREINER JERRY M GROOS NICHOLAS D GREINER TERESA U 210 N INDUSTRIAL PARK RD 330 BICKLEY RD HASTINGS, MI 49058 GLENSIDE, PA 19038 T I��JAMrI Tajn}ead laad Ase3 jot jaded paadT @09LS 31` IdW31 @A aAd as0 �n Len, AN3AV-OD-008-L wortiane-mmm uolpnilsu!,p alpal el za;lns6 luawe6ae4:) ap sues V • ®09LS ®AH3AV I!aege6 al zasinin jalad a salpel sananbli3 HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 HOTEL DURANT 122 E DURANT ASPEN, CO 81611 IMHOF FAMILY TRUST 2409 GREEN ST SAN FRANCISCO, CA 94123 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 KABERT INDUSTRIES INC PO BOX 6270 VILLA PARK, IL 60181 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 T � ! m09LSrnAMMAH1(A1 HARRIS NORMAN LINDSAY JR 146 ARDMORE DR ASPEN, CO 81611 HEIM WILLIAM D 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HILL EUGEN DUBOSE III & JOAN LUISE TRST PO BOX 129 PRIDES CROSSING, MA 01965 HOENER REV TRUST 4823 HOLLY TREE DR DALLAS, TX 75287 IAVARONE GIANFRANCO & RITA 341 ORIENTA AVE MAMORONECK, NY 10543 IMREM SUE GORDON TRUSTEE 219 E LAKE SHORE DR #5D CHICAGO, IL 60611 JOHNSTON MARGARET S 9.87% 30 DEXTER ST DENVER, CO 80220 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KLINDWORTH J TODD & HEATHER PO BOX 25318 ST CROIX, VI 00824 HARVEY JEFFREY & NANCY 711 S DEARBORN ST - #507 CHICAGO, IL 60605 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 HILL EUGENE D III & JOAN L TRUST 3 AVALON AVE P 0 BOX 129 PRIDES CROSSING, MA 01965 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 ICAHN LIBA PO BOX 11137 ASPEN, CO 81612-9627 J&E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JUAN STREET HOA 119 JUAN ST ASPEN, CO 81611 KAUFMAN STEVEN 0554 ESCALANTE CARBONDALE, CO 81623 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LARKIN THOMAS J & MARYANN K LEONARD-PECK SHEILA KATHRYN 1 SHELDRAKE LN RR 1 PO BOX 375-P PALM BEACH GARDENS, FL 33418-6820 VINEYARD HAVEN, MA 02568 Tainleaj lead Ase3 J01 jaded p883T Rl @09LS 3WdW31®IlaaAd asp AHEIA`d-OD-008-L uolpnj;sul,p wowGane•NV" 9111na} el za;Ins0 LEVY HELEN JOAN TRUST .421 WARWICK RD KENILWORTH, IL 60043-1145 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MARK KENNETH A 200 PANTIGO RD EAST HAMPTON, NY 11937 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MONIGLE ETHEL M 803 S GARFIELD ST DENVER, CO 80209 MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN. CO 81612 OLSON PAUL S & DIANE C PO BOX 128 BRECKENRIDGE, CO 80424 ;uawa6jetp ap suas g09LS @AI13AV 1pege6 al zasinin • jalad a salpe} sauanb[13 LEVY HYMAN & GAIL LIBMAN KENNETH J PO BOX 1365 800 S MONARCH ST #2 BOCA RATON, FL 33429-1365 ASPEN, CO 81611 LIFT ONE LLC 72.40% 24 LINDENWOOD LN LITTLETON, CO 80127 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE, IL 60091 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MCNAMARA CHRISTIANE J TRST PO BOX 1053 ASPEN, CO 81612 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS, NV 89109 NOREN LARA L & STEPHEN C 11211 FONTHILL DR INDIANAPOLIS, IN 46236-8630 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACGREGOR ROBERT DUNCAN 710 E DURANT AVE STE W 6 ASPEN, CO 81611-2070 MARCUS ANN H 117 N MONARCH ST #1 ASPEN. CO 81611 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 MORGAN GAYLE B 1160 RIVER DR ASPEN, CO 81611 MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 NORTH LAUDERDALE PETROLEUM LLC 6318 NW 23RD ST BOCA RATON, FL 33434 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 T Tajn;ea3 189d Ase3 jo; jaded paa3T ®09LS 31VIdW31 oivaAd asp AM3AV-OD-008-L uolhnilsul,p luawa6jeLp ap suas @09LS @AH3AV lljege6 al zaslmn wog i(jane'NVV n alpa} el zallns6 • salad a salhe; sallanbil4 PASCO PROP LLC SMITH PATRICK A 360 SOUTHFIELD RD BIRMINGHAM, MI 48009 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK PROPERTIES C/O HOWARD A WILL JR 5055 26TH AVE ROCKFORD, IL 61109 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOW E ST RACINE, WI 53403 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SCHUMACHERJUDY M 0115 GLEN EAGLES DR ASPEN, CO 81611 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 PIECE OF THE PIE LLC PINES LODGE CONDO ASSOC PO BOX 2492 152 E DURANT AVE ASPEN, CO 81611 ASPEN, CO 81611 RINGSBY GRAY ROARING FORK MTN LODGE ASPEN LLC PO BOX 1292 TWO CREEKS BLDG HAIKU, HI 96708 PO BOX 6237 SNOWMASS VILLAGE, CO 81615 ROBERT FAMILY TRUST 1/4 INT 771 FERST DR ATLANTA, GA 30332-0245 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHERER ROBERT P TRUST 217 GOLDENROD AVE CORONA DEL MAR, CA 92625 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD ASPEN. CO 81611 SHADOW MTN AERIE PTNRSHP LLP C/O ARTHUR J & PAMELA T WASHINGTON 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RYAN ELIZABETH H 1/2 INT COPE G RICHARD & NANCY M 1/2 INT 419 WINNEBAGO DR JANESVILLE, WI 53545 SCHAPIRO MARC & PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SCHROEDER C M TRST 50% INT SCHROEDER BETTY ANN TRST 50% 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 T Tajnlead laad Ase3 ao} jaded paa3T 09LS 31VIdW31 band asp ! �,09LSnA?J9A1e/^ !,»oar- cirti,,. neiie _ ! F� J ® —=". 1».. Acne AH3AV-09-008-L wortiane-MA&M uoilmilsu!,p all!nal el zallnsu6 Juawa6jeLp ap suas V • 009LS @AH3AV z!jege6 al zosil!;D jalad a selpe} sauanbq SM-15 SEELBACH WILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN. CO 81611 SPRING LANE INVESTMENTS LLC 22 SPRING LN BARRINGTON HILLS, IL 60010 STEINER DONALD R BUCKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 SZYMANSKI WILLIAM R & LYNNE E 2220 E SILVER PALM RD BOCA RATON, FL 33432 TELEMARK APARTMENT 2 LLC 2422 UNION ST SAN FRANCISCO, CA 94123 TOLLEFSON JON S & JOANN M 38 TRAINORS LANDING ASPEN. CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 STANTON JAMES C/O WORLD-WIDE HOLDINGS CORP 950 THIRD AVE 18TH FL NEW YORK, NY 10022 STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #B-100 WILMINGTON, DE 19807 TAROCH HOLDINGS LTD C/O PATRICK D MCALLISTER PC 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOCINC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 WALDRON GAILYN L TRUSTEE PO BOX 7964 ASPEN, CO 81612 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 81611-3813 STUART FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 372154617 TAYLOR ELAINE D W301 N9430 COUNTY TRUNK E HARTLAND, WI 53029 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TUCKER TIMOTHY H & PATRICIA A 809 S ASPEN ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT & BEVERLY J PO BOX 189 LONE PINE, CA 93545 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOODSON TATJANA REV TRUST PO BOX 125 TETON VILLAGE, WY 83025 T Tain;ea3 laad Ase3 a01 jaded paa3T @09LS 3MdW31 OA'aAV ash Aa3nb'-OD-008-L uolt:)nj;sul,p juawa6jey3 ap suaS ®09LS ®AH3AV zljege6 al zasluin wo3i(jane nnnnnn aillna} el za;lns� aalad a same} saanb43 WOW LIFT ONE LLC WRIGHT LISA WUGALTER JOEL C/O WARSTLER ROBERT T PO BOX 3770 716 BISHOPS LODGE RD '3225 ELK CANYON CIRASPEN, CO 81612 SANTE FE, NM 87501-1127 SEDALIA, CO 80135-8573 T �� Tajnlea3 laad /(se3 J0J �� jade ! �,09LSnA?JaA1e/1�//1 � � d P as dT� 0091s 31t/1dW31 @fuaAV asp ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: / V , Aspen, CO SCHEDULED PUBLIC HEARING DATE: t'&O (/GCS-/ 20019 STATE OF COLORADO ) ) ss. County of Pitkin ) I, da SCOT (name, please print) being or representing an Applicant to tfie 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: 49 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 the Community Development Department, which was made of suitable, waterproof 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 the 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 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 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. - a4��de� 'Slignatuk The foregoing "Affidavit of Notice" was acknowledged before me this l� day of , 200-9 , by S ove WITNESS MY HAND AND OFFICIAL SEAL My commission expires:JUVI,?- 2°I 2D10 Notary Public M / �S O� 'r. NOTARY ATTACHMENTS: ',9�'.:' •�:�.`y COPY OF THE PUBLICA TION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE RE: SOUTH-,1SPEN STREET SUBDIVISION AND PUD - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be halo on Monday, January 28, 2008. at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Aspen Land Fund II, LLC, 300 Spring Street, Suite 301, Aspen, CO 81611. which is the owner of the subject property. The Applicant re quests an extension until July 28, 2009 of their vested rights to develop the site with their ap proved development plan of fourteen (14) free- market townhomes and seventeen (17) affordable housing units. The property is legally described as Block 6 of the Eames Addition to the City and Townsite, Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, and Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen. For further information, contact Jennifer Phelan at the City of Aspen Community Development De partment, 130 S. Galena St., Aspen, CO, (970) 429-2759, jennifep®ci.aspen.00.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times Weekly on January 13, 2008.(1047752) THE CrrY OF ASPEN Land Use Application Determination of Completeness Date: December 29, 2007 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0075.2007.ASLU. The planner assigned to this case is myself. The public hearing on the application is scheduled for January 28, 2008. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: f there are not missing items listed above, to begin the land use review process. then your application has been deemed complete Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. 7You, ennifer PhelaAeputy Director City of AspenkgOrnmunity Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc -4 4 • • VANN ASSOCIATES, LLC Planning Consultants December 17, 2007 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the South Aspen Street Subdivision/PUD, a free market residential/affordable housing project (the "townhome project") which has been approved for development on three parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinafter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commitment). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. A land use application form, application fee agreement, and a list of property owners located within three hundred feet of the property site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval for the townhome project was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). As a consequence of several extensions granted by City Council, the approval is currently vested until July 28, 2008. The project's final plat, PUD development plan, and subdivision/PUD agreement were recorded on April 25, 3007. The Applicant is giving consideration to an alternative project for the property, including hotel rooms, affordable housing units, and fractional ownership lodge units. The City, the Applicant, and several neighboring landowners are in discussions regarding the feasibility of collaborating on a master planning process for the lands at the base of Lift 1 A, pursuant to Chapter 26.500 of the Aspen Land Use Code (the "COWOP" process). If a final approval for an alternative project for the Applicant's 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 '' Mr. Chris Bendon December 17, 2007 Page 2 property is eventually granted by the City Council, the townhome approval represented by Ordinance No. 32, Series of 2003 will be terminated. At the present time, however, it is unclear whether the COWOP process will actually be undertaken by the parties, and if it is, how long the COWOP review and approval process will take. In the event the COWOP process is not undertaken by the parties, or if an acceptable final approval for an alternative hotel project for the Applicant's property does not result from the COWOP process, the Applicant will have no choice but to continue with the development of the previously approved townhome project. The Applicant cannot allow the townhome project's vested rights to expire as the property's financing was made in reliance on the existing approvals. Absent approval of the requested extension, the Applicant will have no choice but to proceed with construction of the townhome project in order to maintain the prior approval's vested rights status. Pursuant to Section 26.308.010.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. All of those instruments were in fact recorded on April 25, 2007. 2. The progress made in pursing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursing the project. The Applicant has been making diligent efforts to obtain the requisite building permits for the townhome project since April of 2007. These efforts have included, inter alia, the preparation and recording of all necessary PUD documentation, the development of final architectural and engineering plans and specifications, additional environmental testing and monitoring, the demolition of the Mine Dump Apartments, site preparation work, and the submittal of various building permit applications and related materials to the City Building Department. Aggregate expenditures made by the Applicant to date in pursuing the townhome project are in the range of $3,000,000. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. Mr. Chris Bendon • December 17, 2007 Page 3 Permit and impact fees paid to date by Applicant to the City in connection with the townhome project amount to approximately $270,000. 4. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. No community benefit would result by requiring the Applicant to continue with the development of the townhome project when the preferred alternative is a new mutually acceptable hotel/affordable housing/fractional ownership project and the inclusion of Applicant's property in a COWOP process for the base area at Lift IA. Both the City and the Applicant would best be served by the granting of an appropriate extension to allow adequate consideration of the feasibility of entering into the COWOP process, and if the decision is made to pursue the same, to allow the review and approval process to run its course. Applicant, in its discretion, may continue with the townhome building permitting process during the COWOP review and approval process. A one year extension is requested. If approved, the new deadline for the expiration of the townhome project's vested rights would be July 28, 2009. In the event the COWOP process is undertaken by the necessary parties but final City Council approval of an acceptable hotel/affordable housing/fractional ownership project for Applicant's property, coupled with the preparation and recording of the various documents required to memorialize the approval, cannot be achieved by July 28, 2009, a further extension will be needed to complete the process. Please note that the PUD agreement for a COWOP-approved project on Applicant's property, if such approval can be accomplished, will specifically vacate and abandon all prior approvals associated with the townhome project. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely scheduling of this application for consideration by the City Council would be sincerely appreciated. Yours truly, VANN OCIATES, LLC 40"0' unny Vann, AICP SV/cwv Attachments cc: John Sarpa Arthur C. Daily, Esq. 3804039_1.DOC EXHIBIT d / CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Joyce Allgaier, 429-2754 DATE: 3/5/07 PROJECT: South Aspen Street PUD Vested Rights Extension REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Vested Rights Extension DESCRIPTION: The Applicant would like to extend the vested rights that were granted to the South Aspen Street PUD in Ordinance No. 32, Series of 2003. The Applicant has indicated a desire to extend the vested rights by one year to provide additional time for application preparation and City review of the Lodge at Aspen Final PUD that is proposed on the same site as the approved South Aspen Street PUD. Land Use Code Section(s) Section 26.304 Common Development Review Procedures Section 26.308.010(C) Extension or Reinstatement of Vested Rights Review by: Staff for complete application. Community Development Director for recommendation to City Council. City Council for final decision on the vested rights extension. Public Hearing: Yes. Referral Agencies: None. Planning Fees: Deposit of $1,410 for 6 hours of staff time. Referral Agency Fees: None. Total Deposit: $1,410 (Additional hours are billed at a rate of $235.00 per hour). To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 8 1/2" x I I" vicinity map locating the subject parcels within the City of Aspen. 7. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 8. Approved Development Plans on which vested rights are to be extended. 9. Copies of prior approvals. 10. 10 Copies of Application (Items 2-10). 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. EXHIBIT d 2 D 9 LatuoyersTiffle jnsuranca Corporation ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RDFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-qd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Issued By 1&wyersTidejusurance Clporation Home Office: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 1-800-446-7086 B 1004-268 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM Case No. PCT15438PR2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy -Form 1992 Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND II LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITIQN COUNTY TIT[.E, INC. 601 E. HOPICNS, ASPEN, CO. 81611 970-925-1766 Phone/ 970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: "t Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14*50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75*09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40'21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75*09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14'50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75*09'11" W 298.20 feet, to the Southeasterly corner of that parcel of land described in Book 232 at Page 362; thence N 40`21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2: That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition, - thence N 75'09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75*09'11" E 150.00 feet; thence N 14'50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly corner of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03'55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75°09'11" E 31.25 feet to the point of beginning. Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly corner of said Lot 7; thence S 75*09'11" E 180.00 feet along the Northerly boundary line of said Block 11; thence S 14°50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75'09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55' E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75*09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030; thence N 75*09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. • �r LAND USE APPLICATION APPLICANT: E24z IT Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Address: Phone #: PROJECT: Name:Jr/i� Address: Phone #: -- o?j3G TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condom]mumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ©� Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existingbuildings, uses, previous approvals, etc.) / Y-f PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: S Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form 0 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT d CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and / 215 4/41<ldll� (hereinafter APPLICANT) AGREE AS FOLLOWS: I . �-APPLICANT r> ha�� submitted an a p�f o�� (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 d;e$e ruination of applicati completeness, APPLICANT shall pay an initial deposit in the amount of S/ Y!� which is for hours of Community Development staff time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director g:\support\forms\agrpayas.doc 11 /30/04 APPLICAN By: �7� Dat Billing Address and Telephone Number: Required AH3A)f-99-008-L uoiaanj:sui,p W03AUBne nnnnnn apma} el zallns 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 APRIL FAMILY TRUST 114 INT 3501 S 154TH ST WICHITA, KS 67232-9426 BARBEE MARY K LIV TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BLUE LLOYD JR 279 GRAYTON TRAIL GRAYTON BEACH, FL 32459 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CHU FAMILY TRUST 2/3 INT LU NANCY CHAO TRUST 1/3 INT 38 CORMORANT CIR NEWPORT BEACH, CA 92660 luauia6jep ap sues T to 710 SOUTH ASPEN LLC 314 S GALENA ST STE 200 ASPEN, CO 81611 009LS '�A EXHIBIT 1a 9 ALYEMENI MOH 3109 OAKMONT STATESVILLE, NC 28625 ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER ASPEN SKIING COMPANY LLC 35 E 21 ST ST PO BOX 1248 NEW YORK, NY 10010 ASPEN, CO 81612 BENT FORK LLC BERHORST JERRY C/O FESUS GEORGE BERHORST CAROLE PO BOX 9197 7161 LINDENMERE DR ASPEN, CO 81612 BLOOMFIELD HILLS, MI 48301 BILLINGSLEY FAMILY LP BLACKWELL CLARENCE A & ANNE H 1206 N WALTON BLVD PO BOX 3180 BENTONVILLE, AR 72712 ANNAPOLIS, MD 21403 BOURGAULT MARY JANE BRENNAN JACQUELINE NANCY 555 E DURANT AVE #4J 31 TRAINORS LANDING ASPEN, CO 81611 ASPEN, CO 81611 BRITTON CARI BRUMDER PHILIP G & ASMUTH PO BOX 12131 ANTHONY ASPEN, CO 81612 QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CABELL JOE CAIN DOUGLAS M C/O CHARTHOUSE CAIN CONSTANCE MOFFIT TRUSTEES 1765 ALA MOANA BLVD 1960 HUDSON ST HONOLULU, HI 96815 DENVER, CO 80220 CASPER MARY LYNN CHAPIN ANZLE TRUST 124 E DURANT #4 1887 STILLWATER ST ASPEN, CO 81611 ST PAUL, MN 55110-8507 r CHIATE PROPERTIES LLC CHRISTENSEN CINDY 20628 ROCKCROFT DR 109 JUAN ST MALIBU, CA 90265-5342 ASPEN, CO 81611 CITY OF ASPEN CROW MARGERY K & PETER D 130 S GALENA ST 46103 HIGHWAY 6 & 24 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81601 T ®09L5®J�ZJ3/�dov , Taanlea3 lead Ase3 101 jaded paa3T � @09LS 31VIdW31 ptianV asn *17 ! laau; uoipnilsul aas ! y> slage3 lead Ase3 Ab3AV-09-008-L uol:pnAsul,p tum-Ame-AAM n allmal el zallnsg* juawa6je4:) ap sues @09L5 @AU3AV;!jege6 al zes!i!;n 7 jaded a salnel sauanb4 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FALL CREEK CONSTRUCTION LLC 809 S ASPEN ST ASPEN, CO 81611 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN, CT 06840 GLICKMAN EDWIN C 2322 LAZY O RD SNOW MASS, CO 81654 GREINER JERRY M GREINER TERESA U 330 BICKLEY RD GLENSIDE, PA 19038 CZAJKOWSKI MICHAEL DAVIS CAROL L CZAJKOWSKI SANDRA J 7838 HILLMONT ST 90 LA SALLE ST APT 16G HOUSTON, TX 77040-6108 NEW YORK, NY 10027 DONCER JOYCE TRUST DUNN STEVEN G 7641 W 123RD PL 107 JUAN ST PALOS HEIGHTS, IL 60463 ASPEN, CO 81611 ELDER TRUST ELLIS JAMES BYRON ELDER JERRY TRUSTEE 171/2 FLEET ST PO BOX 308 MARINA DEL REY, CA 90292 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G EVANS DAVID COURTNEY 29100 NORTHWESTERN HWY STE 200 PO BOX 952 SOUTHFIELD, MI 48034 ASPEN, CO 81612 FARINO CAROL FARR BRUCE K & GAIL H PO BOX 10421 PO BOX 5142 ASPEN, CO 81612 ASPEN, CO 81612 FELDMAN SELMA FLETCHER KAREN K & JAY R 300 S POINTE DR APT 2403 PO BOX 3476 MIAMI BEACH, FL 33139-7329 ASPEN, CO 81612 FRIEDKIN THOMAS H GARMISCH LLC PO BOX 4718 C/O MIE PROPERTIES HOUSTON, TX 77210-4718 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GILLESPIE JOHN E REVOCABLE TRUST GINSBURG-ANNE C & ROBERT B 775 GULFSHORE DR #4219 7933 YORKSHIRE CT DESTIN, FL 32541 --BOCA RATON, FL 33496-1323 GOLDSMITH ADAM D PO BOX 9069 ASPEN, CO 81612 GROOS NICHOLAS D 210 N INDUSTRIAL PARK RD HASTINGS, MI 49058 GRANT BROTHERS LLP 436 COFFMAN STE 200 PO BOX 908 LONGMONT, CO 80502-0908 HANG TEN ADVENTURE 809 S ASPEN ST #2 ASPEN, CO 81611 T .ri ®09L5oJ12J3/�d� � Tajnlea3 laad Ase3 jo} jaded PaaJT !/7 � @091,S 3iVldlM31 @fUaAV asn I iaauc uon�njisui aac .. ! 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CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOCINC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 STEINER DONALD R BUCKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 STUART FAMILY TRUST 1/4 INT 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 TAYLOR HARVEY C W 301 N 9430 HWY E HARTLAND, WI 53029 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TRAINORS LANDING CONDO ASSOC COMMON AREA EXEMPT UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 WALDRON GAILYN L TRUSTEE PO BOX 7964 ASPEN, CO 81612 WOODING MERRITT B PO BOX 339 HOPE. NJ 07844 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 STANTON JAMES C/O WORLD-WIDE HOLDINGS CORP 150 E 58TH ST NEW YORK, NY 10155 STEWART SCOTT 4710 PLAINFIELD CT MIDDLETON, WI 53562 SZYMANSKI WILLIAM R & LYNNE E 2220 E SILVER PALM RD BOCA RATON, FL 33432 TELEMARK APARTMENT 2 LLC 2422 UNION ST SAN FRANCISCO, CA 94123 TOLLEFSON JON S & JOANN M 38 TRAINORS LANDING ASPEN, CO 81611 TUCKER TIMOTHY H & PATRICIA A 809 S ASPEN ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT & BEVERLY J PO BOX 189 LONE PINE, CA 93545 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOODSON TATJANA D PO BOX 125 TETON VILLAGE, WY 83025 T ®09LS®A2l3AVS !CI � Tajnleaj laad f se3 j0; jaded paajT @09LS 31vidW31®IGany asn ; laayS uoll:)njlsul aa5 lw slage3 laad Ase3 A83AV-09-008-L uol:Pnasu!,p worAme•AMAAA ell!na; el zallnf :tuawa6aeq:) ap suaS 009L5 GAIJ3AV I!jege6 ai zes!l!;n osalad a selpe} sananbg3 WOW LIFT ONE LLC WRIGHT LISA WUGALTER JOEL C/O WARSTLER ROBERT T PO BOX 3770 3200 N OCEAN BLVD #909 10 WINDJAMMER LN ASPEN, CO 81612 FT LAUDERDALE, FL 33308 MT ARLINGTON, NJ 07856 ajn}eaj laad Ase3 ao1 jaded paalP ®09LS 31VIdIN31 @AjaAV asB T R T T®09L5®J�ZJ�1d� ! laaut uoil3nilsul aaS ! slage3 Pad �(se3