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Home My WebLink AboutLand Use Case.501 W Hopkins Ave.0019.2009.ASLU-501 W. HOPKINS AVE 0019.2009.ASLU VESTED RIGHTS EXEMPTION 2735 124 66 001 :. / 11 ..1 ~.-1-*AIV IVUL' Â«/1 A.A li El\ r 1 0,, 1 1 ~ fterheeÂ·*,2-: Â·52.-i-4.9=huÂ·fi-*'Â«-*9446*EXEe*>cit:L~==.: .e,ce=:G~--u' Â· , -r- ~ i, ..~ 0 I - I i-. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0019.2009.ASLU PARCEL ID NUMBER 2735 -124-66 -001 PROJECTS ADDRESS 501 W. HOPKINS PLANNER BEN GAGNON CASE DESCRIPTION VESTED RIGHTS EXEMPTION REPRESENTATIVE VANN & ASSOCIATES DATE OF FINAL ACTION 4/27/09 CLOSED BY Angela Scorey on 05/19/2009 2. 4 VANN ASSOCIATES, LLC Planning Consultants July 1, 2009 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Lot 1, Boomerang Lot Split Subdivision, Vested Rights Extension Dear Chris: Please be advised that the conditions contained in Section 2 of City Council Resolution No. 22-B, which granted a vested rights extension to Lot 1 of the Boomerang Lot Split Subdivision, have been met. More specifically, the lot was reclaimed and revegetated prior to the July 1, 2009 deadline. According to the general contractor, Iglehart Con- struction, a retroactive Right-of-Way permit was obtained from the Engineering Depart- ment for the existing driveway on Lot 2, for seeding of the swale adjacent to the West Hopkins sidewalk, and for minor repairs to the sidewalk uplift. All required work in connection therewith was also completed prior to the July 1 deadline. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANV'SSOCIA~petic punn)Uatin, AICP . SV:CWV ec: John Provine d :\oldc\bus\city.ltr\Itr54 109. cb 1 230 East Hopkins Ave. Â· Aspen, Colorado 81611 Â· 970/925-6958 Â· Fax 970/920-9310 ... Pa*d \5 2735--12-4 - G G- 00 i 00 ic:1 . 200 9 . h U A. I Eile Edit Record Navigate Fgm Reports Format Tab Help | ~ ~ , ,.7 4 ig 4[1 -2 d - 14 4 ' /1 9 11 0~ 74 016 ~~t].4 ..3 j * *0 /20[b j 9 *4 ~ain~ Maluation 1 Custom Fields |actions | Feei I Parcels |Fee Summarz |Sub termits | Attachments |Routing Status ~ Routing 4 I Permit Type ~aslu _,2.]Aspen Land Use Permit # 10019 2009.ASLU Address |501 W HOPKINS AVE El Apt/Suite ~ Cky ~ASPEN State ICO ~ Zip ~81611 ~ I Permit Information -- Master Permit | Â£~ Routing Queue |aslu07 Applied |03/16/2009 23 Project ~ 21 Status Ipending Approved | ~1 ~ Description ~ LOT 1, BOOMERANG LOT SPLIT SUBDIVISION - VESTED RIGHTS EXEMPTION Issued | ~~1 Final I Submitted |VANN ASSOCIATES ClockÂ· ~Running Days [~-3- Expires |03/11/2010 Ill - ~ Last Name ~HOPKINS LLC ~ First Name ~ 306 5 HUNTER ST ASPEN CO 81611 Phone 1 ~ E Owner Is Applicant? ~ Applicant -- ~ Last Name ~VANN & ASSOCIATES -2.~ First Name ~ ~ 230 E HOPKINS AVE ASPEN CO 81611 Phone ~970) 925-6958 Cust # ~25499 NE Lender 12* -- *Ii Last Name ~ .g.~ First Name ~ 931 Phone ~ Â£; 'Pf Wjit 4 7 - - 1 AspenGoId{bl ~ Record: 1 of 1 CtÂ« 10 C 1 2,4. Cal-1,1 CC-V-; 6- -GEL:~v~-C~ C.Â»in AL 4 \ ~ 6% 2--. al) 930, u sklfi -TB p 1-difk *- 06 30 3 ~b 14 9-t- 04-1 6 rioqlooll I sdnoig qell EXHIBIT 4*. LAND USE APPLICATION APPLICANT: Name: C=Â£>' vj- Herli'LIA. 4Â£4 U .#<9 Location: 4944.. u/ Â» (Indicate street address, lot & block number, legal description where appropriatel .., ty Parcel ID # (REQUIRED) 2734 -/24-44-266/ :(3> REPRESENTATIVE: Name: \14*4 4+OL#Â«res Address: 236 64<37- +Arn /4â‚¬ 4/6. *red,<2> 8/41 1 Phone #: 92â‚¬-4938 , PROJECT: Name: (or 1, PDam,-leg+44, carÂ£:s--Â¢1 7 -~zr,->AJ,tied Address: Phone #: 94848 TYPE OF APPLICATION: (please check all that apply): U Conditional Use U Conceptual PUD [3 Conceptual Historic Devt. U Special Review U Final PUD (& PUD Amendment) U Final Historic Development U Design Review Appeal U Conceptual SPA U Minor Historic Devt. Â£ GMQS Allotment U Final SPA (& SPA Amendment) El Historic Demolition U GMQS Exemption Â£ Subdivision U Historic Designation U ESA-8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split Â£ Temporary Use Ef Other: ~/647-60 Lot Line Adjustment C] Texl/Map Amendment ble,#trs EKE)-1 r7741 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 'oe Â«rt,Â«r,ew PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) 03â‚¬38 4/=ruoar*.1 HaÂ«you attached the following? FEES DUE: $ [0 Pre-Application Conference Summary @Kkttachment # 1, Signed Fee Agreement *4 m J*esponse to Attachment #3, Dimensional Requirements Form [2r Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards mm CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT[ Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and '0~ 6,1,< 40797*4~, diciS- (hereinafter APPLICANT) AGREE AS FOLLOWS: 4*a 1. APPLICANT has submitted to CITY an anolication for vagEr> tv*+44715 0<6.-*Â°7->07 @ 1 (hereinafter, THE PROJECT). 07/1~42 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of P.41647 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 ofthe parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing ofthe application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT pri prl-J?y-i 1:75>'INS Chris Bendon 3,4-7.3 Community Development Director Dati Billing Address and Telephone Number: Required r e> rci 251 a 02> 2/c'lL Â·*=259 048 -Cle/35 g:\support\forms\agrpayas.doc 11/30/04 tabbles* . VANN ASSOCIATES, LLC Planning Consultants RECEF'r. March 16, 2009 L, ~AR 1 c 204*04Tcjh I .2009 f Dcv->~,|2~81\1 HAND DELIVERED LOPMENT Ms. Jennifer Phelan Aspen Community Development Department j 130 South Galena Street Aspen, CO 81611 Re: Lot 1, Boomerang Lot Split Subdivision, Vested Rights Exemption Dear Jennifer: Please consider this letter an application for City Council approval of an exemption from expiration of vested rights for Lot 1 of the Boomerang Lot Split Subdivision (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.010.B. of the Aspen Land Use Regulations (the "Regulations") by 501 W. Hopkins, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Title Insurance Policy). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form, an application fee agreement, and list of property owners located within 300 feet of Lot 1 are attached as Exhibits 4,5 and 6, respectively. Background On April 10, 2006, the City Council approved Ordinance No. 6 which rezoned a parcel of land consisting of portions of Lots A through F, Block 32, City and Township of Aspen, from R-15, Moderate-Density Residential to R-6, Medium- Density Residential (see Exhibit 7). Ordinance No. 6 also granted subdivision exemption approval to subdivide the property into two lots, which are depicted as Lots 1 and 2 on the Boomerang Lot Split Subdivision Exemption Plat (see Exhibit 8). A Subdivision Exemption Agreement for the Boomerang Lot Split Subdivision memorializing the conditions of the rezoning and subdivision exemption approval was recorded with the Pitkin County Clerk in June of 2006 (see Exhibit 9). 230 East Hopkins Ave. Â· Aspen, Colorado 81611 Â· 970/925-6958 Â· Fax 970/920-9310 . Ms. Jennifer Phelan March 16, 2009 Page 2 Ordinance No. 6 and the Subdivision Exemption Agreement permitted the construction of one single-family residence on Lot 1 and two single-family residences and a duplex on Lot 2. The duplex consisted of two attached accessory dwelling units which were required as affordable housing mitigation for the subdivision's three, free market single-family residences. An administrative growth management quota system r approval was granted by the Community Development Department for the develop- ment of the three single-family residences as provided for in Section 26.470.060.2. of the Regulations. The duplex on Lot 2 containing the required accessory dwelling units was completed in July of 2008. The two units have been deed restricted and sold in accordance with the Aspen/Pitkin County Housing Authority's guidelines and are both presently occupied by their owners. The two single-family residences on Lot 2 are currently under construction and are expected to be completed this summer. A building permit has been issued for the single-family residence on Lot 1. Micropiles have been installed for soil stabilization purposes, and excavation of the basement was nearly completion prior to the Applicant's decision to delay construction on the subdivision's remaining single-family residence. The Boomerang Lot Split Subdivision's vested rights status expires on April 28,2009, or three years from the Community Develop- ment Department's issuance of the Development Order for the project (see Exhibit 10). Vested Rights Exemption Pursuant to Section 26.308.010.B. of the Regulations, The City Council may by resolution at a public hearing approve an exemption of the expiration of vested rights for subdivisions composed of detached residential or duplex units. To obtain an exemption, an application for exemption must be submitted prior to the third anniver- sary of the effective date of the Development Order. In addition, the application must demonstrate compliance with the following criteria. 1. Those conditions applied to a project at the time of final approval that were to have been met as of the date of application for exemption have been complied with; and The applicable requirements of City Council Ordinance No. 6, Series of 2006 that were to have been met prior to the date of this application have been met. The required subdivision exemption plat and agreement were recorded in 2006. The requirements of the ordinance that were a prerequisite to issuance of building permits Ms. Jennifer Phelan March 16, 2009 Page 3 (e.g., payment of applicable impact, park development and school land dedication fees, etc.) for the two single-family residences and affordable housing duplex on Lot 2 were met as required. A determination of compliance with the City's residential design standards was made for these units prior to building permit issuance, and the units have been constructed consistent with their conditions of approval. A building permit has also been issued for the remaining single-family residence on Lot 1 and all requirements of the ordinance with respect thereto have also been met. The required public trail easement on Lot 2 is depicted on the Subdivision Exemption Plat. 2. Any public, or private improvements that were required to be installed by the applicant prior to construction of any dwelling unit have been installed. The only public improvement that was required to be installed by the Applicant is curb and gutter along the property' s West Hopkins Avenue frontage. Based on my conversation with Brian Flynn of the City's Parks Department, the decision has apparently been made to forego installation of curb and gutter in this location. A similar decision was also apparently made in connection with the development of the adjacent Little Ajax affordable housing complex. Instead, a landscaped buffer with street trees and a shallow drainage swale has been installed by the City between the West Hopkins Avenue Trail and the edge of the existing street pavement. The Applicant, however, will install curb and gutter prior to issuance of certificates of occupancy for the two single-family residences on Lot 2 in the event required. As discussed above, a building permit has been issued for the single-family residence on Lot 1. All associated fees have been paid and development of the lot commenced prior to the Applicant's decision to delay construction in light of the current economic climate. Given the substantial costs involved in obtaining the building permit for Lot 1 (e.g., architectural fees, building permit fees, impact fees, etc.), and the fact that the Applicant commenced construction in reliance thereon, a reasonable argument can be made that the development rights for Lot 1 are common law vested subject to the conditions of the prior subdivision approval and the recorded Subdivision Exemption Agreement. Such vesting is further substantiated by the fact that all applicable conditions which were required to be met prior to building permit issuance have been met including the construction of the required affordable housing units. As a result, there would appear to be no reasonable basis for not exempting Lot 1 from the expiration of the statutory vested rights granted pursuant to Ordinance No. 6. Ms. Jennifer Phelan March 16, 2009 Page 4 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN~SSOCIA , LLC Fann, pnn, AICp SV:CWV Attachments ec: Leonard M. Oates, Esq. John Provine d:\oldc\bus\city.app\app54109.exe EXHIBIT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY F-71 PLANNER: Errin Evans, 429-2745 DATE: 03.11.2009 PROJECT: 501 West Hopkins - Vested Rights Exemption REPRESENTATIVE: Sunny Vann Tel: 925-6958 vannassociates@comcast. net DESCRIPTION The Applicant would like to request an exemption of expiration of vested rights for Lot 1 of the Boomerang Lot Split. The project consists of mixed affordable housing and free market residential structures. Lot 2 has already been developed with two free market units and two affordable housing units. Lot 1 has yet to be developed. The conditions of approval for the project have been recorded on the Boomerang Lot Split Exemption Plat as per Ordinance No. 6, Series of 2006. The dimensional requirements, growth management mitigation requirements, and residential design standards are outlined in the land use code. The only items pertinent to Lot 1 that are not included in the code requirements pertain to landscaping, the driveway and curb and gutter requirements. To request an exemption from the expiration of vested rights, the applicant must submit an application to the City Council at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review Procedures 26.308.010 Vested Property Rights http://www.aspenpitkin.com/depts/38/citvcode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - City Council Planning Fees: $1470 Deposit for 6 hours of Staff time + $212 Engineering Minor Review (additional planning hours over deposit amount are billed at a rate of $235/hour). Total Deposit: $1682 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 8. 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. 9. An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11. Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. 13. 11 Copies of the complete application packet and maps. 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 Ame .and Title Association Owner's Policy (10-17-92) - C, Issued By Attorneys Title Insurance Agency of Aspen, LLC Attorneys (Members Name) 715 West Main Street, Suite 305 Title Guaranty (Address) Aspen, Colorado 81611 Fund, Inc. (970) 925-7328 (Telephone) The Colorado Lawyers' Organization for Title Insurance OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONiAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Attorneys Title Guaranty Fund, Inc., a Colorado corpo- ration, herein called the Company, insures, as Date of Policy shown in Schedule A, against loss or damage, not exceed- ing the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack 01 a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expense incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this Policy to be signed and sealed. to be valid when Schedule A ~ is countersigned by an authorized officer or agent of the Company all in accordance with its By-Laws ATTEST: =6-ee-All. AUORNEYS TITLE GUARANTY FUND, INC. BY: 9~~ ~ - 44 Exat 090 %466:9 Judith A. Hart, Assistant Secretary Christopher J. Candie, President ! This poljpÂ¥06ustpyrltrrr~h~JIFhrd B and be duly validated by this signature: j {Wh 451Â» l Authorized Officer or MentP 0~ 581332 -1 OWNER'S POLICY SCHEDULE A Order No: PC07002542 Policy No.: OÂ§'58l 332 Issued with Policy No.: MI'l 109231 Amount of Insurance: $9,250,000.00 Premium: $7,178.75 Date of Policy: October 31,2007,3:22pm 1. Name of Insured: 501 W. Hopkins, LLC, a Colorado limited liability company 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: 501 W. Hopkins, LLC, a Colorado limited liability company 4. 'rhe land referred to in this policy is described as follows: Lots 1 and 2 Boomerang Lot Split Subdivision Exemption Plat accordng to the Plat thereof recorded June 16,2006 in Plat Book 79 at Page 70 as Reception No. 525370, Pitkin County, Colorado. Attorneys Title insurance Agency of Aspen, LLC By L *0<0 AyÂ¢horized Officer or Agent \ hlember Number 2622 Attorneys Title Guaranty Fund, 1nc. This policy is invalid unless the cover sheet, Page I Schedule A and Schedule B are attached. OWNER'S POLICY SCHEDULE B Date of Policy: October 31,2007 Policy No. OP581332 Order No: I'CO7002542 '1'his policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnishcd, impo,ed by law and not shown by the public records. 5. Taxes for the year 2007 and subsequent years. Taxes not yet due or payable. 6, Deed of Trust dated October 30,2007 from 501 W Hopkins, LLC, a Colorado Limited Liability Company to the Public Trustee of Pitkin County for the use of Alpine Bank. A Colorado Banking Company to secure tile sum of $7,400,000.00 recorded October 31, 2007 as Reception No. 543705. 7. Terms, conditions, obligations and provisions as contained in Deeds recorded June 28. 1886 iii Book 41 at Page 18, July 26,1888 in Book 59 at Page 476, July 26,1888 in Book 59 at Page 586, and April 4,1892 iii Book 79 at Page 43. 8. Terms, conditions, obligations and provisions as contained in Deed Restriction recorded September 7, 1999 as Reception No. 435272. 9. Terms, conditions, obligations and provisions as contained iii Easement recorded April 1 8,2003 as Reception No. 481651. 10. Any rights, easements, interests or claims which inay exist by reason of or reflected by the followiug facts shown on the survey dated July 10, 1998, by Aspen Survey Engincen recorded in Plat Book 51 at Page 28. 11. Any rights, easements, interests or claims which may exist by reason of or reflected by tile following facts shown on the survey dated December 18,2000, by Aspen Survey Engineers recorded in Plat Book 65 at Page 45. 12. Eascments. rights of way and other matters as set forth on the Plat of Boomerang P.U.D., Block 32, City of Aspen, Colorado recorded Plat Book 65 at Page 37. 13. Terms, conditions, obligations and provisions as contained in PUD Agreement for tile Boomerang Lodge Extension Project recorded May 14, 2003 as Reception No. 482688. Attorneys Title Guaranty Fund, Inc. Page 1 Policy No.: 01'581332 14. Terms, conditions, obligations and provisions as contained in Ordinance No. 6, Series or 2006 recorded June 16,2005 as Reception No. 525368. 15. Terms, conditions, obligations and provisions as contained in Subdivision Exemption Agreement for Boomerang Lot Split recorded June 16,2006 as Reception No. 525369. 16. Easements, rights of way and other matters as set forth on the Plat of Boomerang Lot Split Subdivision Exemption Plat recorded Plat Book 79 at Page 70. Attorneys Title Guaranty Fund, inc. 1)ag ENDORSEMENT Attached to Policy No. OP581332 Issued by ATTORNEYS TITLE GUARANTY FUND, INC. COLORADO FORM 130 Provided there is situated on the land described under Schedule A of the Policy a single family residence, the Policy is hereby amended as follows: Notwithstanding anything therein to the contrary, the Policy insures against loss or damage by reason of the following: 1. Any unfilled lien for labor or material furnished for improvements on the land (except for any such lien arising out of construction contract for or assumed by the Insured), provided construction of all improvements are completed at Date of Policy. 2. Rights or claims of parties in possession of the principal dwelling 3. The enforced removal of the principal dwelling on account of: (a) any encroachment of said principal dwelling onto adjoining lands or onto any easement shown as an exception in Schedule B or onto any unrecorded subsurface easement, (b) any violation of building setback lines or covenants, conditions or restrictions referred to in Schedule B of the Policy, (c) any violation of any zoning ordinance if the land is used only for a single family residence. The term "principal dwelling' means any single family residential structure on the land whether detached or not If the principal dwelling is a condominium unit it refers to the space within the boundaries of the unit. Additional improvements and areas such as outbuildings, detached garages, fences, driveways, retaining walls, plants and common areas are not included within this definition. The term "zoning ordinance" does not include building codes, occupancy regulations and subdivision laws. This endorsement is made a part of said policy and is subject to all the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of this Policy and any prior Endorsements, nor does jt extend the effective Date of Policy and any prior Endorsements, nor does it increase the face amount thereof. ATTORNEYS TITLE GUARANTY FUND, INC. Dated: October 31, 2007 410 EXHIBIT March 11, 2009 Ms. Jennifer Phelan Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Phelan: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an exemp- tion from vested rights expiration for Lot 1 of the Boomerang Lot Split Subdivision. 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, 501 W. HOPKINS, LLC 922.1 '0' John Provine, Managing Member P.O. Box 8769 Aspen, Co 81612 (970) 948-0813 d:\oldc\bus\city.ltr\ltr54109.jpl EXHIBIT EZJ Easy PeelÂ® Labels . I Bend along line to Use AveryÂ® Template 5160Â® Feed Paper ' expose Pop-Up Edgeâ„¢ ~ 430 WEST HOPKINS CONDO ASSOC 501 W HOPKINS LLC 501 WEST MAIN LLC COMMON AREA PO BOX 8769 532 E HOPKINS AVE 432 W HOPKINS AVE ASPEN, CO 81612 ASPEN, CO 0 ASPEN, CO 81611 ALPINE BANK ALPINE BANK ALEXANDER JOAN P ATTN ERIC GARDEY ATTN JEAN MOORE 739 25 RD PO BOX 10000 600 E HOPKINS AVE GRAN0 JUNCTION, CO 81505 GLENWOOD SPRINGS, CO 81602 ASPEN, CO 81611 AMAYA JOSE ANTONIO ANGELOV DIMTAR S & DANIEL D ASPEN FSP ABR LLC ARGUETA BLANCA EDITH 605 W HOPKINS AVE #209 11921 FREEDOM DR #950 605 W HOPKINS AVE #103 ASPEN, CO 81611 RESTON, VA 20190 ASPEN, CO 81611 BARTON META PACKARD BRIDGE WILLIAM & JOSEFINA BROOKS NORMAN A & LESLEE S 4475 N OCEAN BLVD APT 43A 2075 SHERWOOD DR 16311 VENTURA BLVD #690 DELRAY BEACH, FL 33483 CAMBRIA, CA 93428 ENCINO, CA 91436 CARROLL MEREDITH COHEN ; CHRISTIANA UNIT 0101 LLC CARTER RICHARD P CARROLL ARTHUR RICHARD C/O FRANKLIN ST PARTNERS LLC 400 E 3RD AVE #804 605 W HOPKINS AVE #210 ; 215 ZOE WY DENVER, CO 80202 ASPEN, CO 81611 MIAMI, FL 33140 CITY OF ASPEN CHUCHMAN GEORGE S CORTALE ITA ATTN FINANCE DEPT PO BOX 2800-355 205 S MILL ST #112 130 S GALENA ST CAREFREE, AZ 85377 ASPEN, CO 81611 ASPEN, CO 81611 -- EMERICK SHELLEY W ERICKSON A RONALD FARR CHARLOTTE 2449 5TH ST 605 W HOPKINS AVE #211 306 MCCORMICK AVE BOULDER, CO 80304 ASPEN, CO 81611 CAPITOLA, CA 95010 FINE FREDRIC N & SONDRA FRANSEN ERIN M & GREGORY H GOLDENBERG STEPHEN R & CHERYL J 412 MARINER DR PO BOX 5082 430 W HOPKINS AVE JUPITER, FL 33477 GILLETTE, WY 0 ASPEN, CO 81611 GOLDMAN DIANNE L H & H PROPERTIES LLLP MAYMAN JULES ALAN PO BOX 518 807 W MORSE BLVD STE 101 9238 POTOMAC SCHOOL DR FAIRFIELD, CT 6824 WINTER PARK, FL 0 POTOMAC, MD 20854 1 6 JEWISH RESOURCE CENTER CHABAD OF ASPEN JOHNSTON FAMILY TRUST ~ : KELLY KIM 2018 PHALAROPE 605 W HOPKINS AVE #202 PO BOX 12099 COSTA MESA, CA 92626 i ASPEN, CO 81611 ASPEN, CO 81612 Easy PeelÂ® Labels A Bend along line to ~ AVERYÂ® 5160Â® i Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up Edgeâ„¢ A KONIG DEBORAH KURKULIS PATSY & PAUL R LAMB JENNIFER C & TIMOTHY E HANSON KIM 605 W HOPKINS AVE #201 605 W HOPKINS AVE #204 605 W HOPKINS AVE #203 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 LOT 2 BOOMERANG LOT SPLIT LESTER JAMES LITTLE AJAX CONDOMINIUM ASSOC PLANNED COM OWNERS ASSOC 229 CHRYSTIE ST #1417 605 W HOPKINS #006 533 E HOPKINS AVE 3RD FL NEW YORK, NY 10002 ASPEN, CO 81611 ASPEN, CO 81611 MADSEN MARTHA W MARSHALL ALISON J & JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 NELSON TREVOR T & ROSE MARIE NIX ROBERT F OHARROW SIOBHAN P 605 W HOPKINS #207 323 VINE ST 605 W HOPKINS AVE #208 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V ROLAND DANIEL P & LEAH S SCHALL FAMILY TRUST 8/31/1998 PO BOX 11071 605 W HOPKINS AVE #102 18518 ST MORITZ DR ASPEN, CO 81612 ASPEN, CO 81611 TARZANA, CA 91356 SCOTT BUILDING CONDO ASSOC SCOTT MARY HUGH ~ SHADOW MTN CORP COMMON AREA RUSSELL SCOTT 111 & CO LLC C/O FINSER CORP 400 W HOPKINS AVE 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET ASPEN, CO 81611 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC STASPEN LLP SMITH ANDREW C & DONNA G C/O JENNIFER SHERWIN C/O JOHN STATON 3622 SPRINGBROOK ST 1714 VISTA ST 1180 PEACHTREE ST NE DALLAS, TX 75205 DURHAM, NC 27701 ATLANTA, GA 0 TOMS CONDO LLC SUBOTKY JULIE E TODD SHANE C/O BRANDT FEIGENBAUM PC 55 WEST 14TH ST #15L PO BOX 2654 132 MIDLAND AVE #4 NEW YORK, NY 10011 ASPEN, CO 81612 BASALT, CO 81621 WASHBURN LYNN S VANDERSCHUIT FAM TRUST VERNER DANIEL A & MERYLE TERRELL SERENE-MARIE 5836 WAVERLY AVE 2577 NW 59TH ST 605 W HOPKINS AVE #205 LA JOLLA, CA 92037 BOCA RATON, FL 33496 ASPEN, CO 0 WENDT ROBERT E 11 WERLIN LAURA B TRUST WHITNEY KURT A & JACQUELINE 350 MT HOLYOKE AVE 2279 PINE ST PO BOX 5950 PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 SNOWMASS VILLAGE, CO 0 j. A ttiquettes faciles & peler Repliez A la hachure afin de www.avery.com i Sens de i Utilisez le gabarit AVERYÂ® 5160Â® chargement ravaler le rebord POPUPâ„¢ 1-800-GO-AVERY A Easy PeelÂ® Labels A I Bend along line to ~ AVERYÂ® 5160Â® 9 Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up Edgeâ„¢ YLP WEST LLC YOUNG PAUL 111 FAMILY TRUST 7 SOUTH MAIN ST 413 W HOPKINS AVE YARDLEY, PA 19067 ASPEN, CO 0 A ttiquettes faciles & peler Repliez & la hachure afin de www. avery.com i Sens de Utilisez le gabarit AVERYÂ® 5160Â® ravdler le rebord PopÂ·Upâ„¢ 1-800-GO-AVERY ' chargement 1 EXHIBIT 111- 1 11111111111 -1 lillil[ 11-lilli lili-11 5252,8 71 Page: 1 of 7 06/16/2006 03Â·55 JANICE K VOS CHUDILL PITKIN COU~ 7 CO R 36.00 D 0.00 ORDINANCE NO. 6 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING THE "BOOMERANG VACANT PARCEL" TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT AND APPROVING A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-66-001 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, requesting to rezone the "Boomerang Vacant Parcel" located on the south side of W. Hopkins Avenue, containing portions of Lots A-I, Block 32, City and Townsite of Aspen from the R-15 (Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay to the R-6 (Medium-Density Residential) Zone District and requesting approval of a Lot Split to divide the 19,737 square foot property into a parcel of approximately 12,237 square feet and a parcel of approximately 7,500 square feet; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval with condition of the proposed rezoning and lot split application; and, WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered the development proposal during a duly noticed public hearing opened on January 17, 2006, and continued to January 24, 2006. The Planning and Zoning Commission approved Resolution No. 3, Series of 2006, by a five to one (5-1) vote, recommending that City Council rezone the subject property to the R-6 Zone District, and recommending that City Council approve the requested lot split with conditions, under the applicable provisions ofthe Municipal Code as identified herein; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds thai this ordinance furthers and is necessary for the promotion ofpublic 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 Land Use Section 26.310, Amendments to the Lind Use Code and Oficial Zone District Map, the City Council hereby rezones the "Boomerang Vacant Parcel" containing portions of Lots A-I, Block 32, City and Townsite of Aspen, from the R-15 (Moderate-Density Residential) Zone District with PUD and Lodge Preservation Overlays to the R-6 (Medium-Density Residential) Zone District. Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 1 lili lilli -111--- Illilli 1111111111111 06/16/2006 03:SE 525368 PageÂ· 2 of 7 JANICE K VOS CAUD.LL P.TIGN COUN -Y CO R 36.00 0 0.00 Section 2: Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(A)(2), Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the "Boomerang Vacant Parcel" into Lot 1 of approximately 7,500 square feet and Lot 2 of approximately 12,237 square feet for the construction of a total of three (3) detached dwelling units, with the conditions contained herein. Lot 1 is limited to one (1) single family residence and Lot 2 is limited to two (2) detached free market residences, plus two ADU/CH units attached to one-another. All dimensions including allowable floor area and the manner in which ADU/Caniage Houses are calculated, shall be as specified in the Aspen Land Use Code, as may be amended from time to time. Section 3: Subdivision Exemption Plat The Applicant shall submit and record a subdivision exemption plat that meets the terms of Land Use Code Section 26.480 in the office of the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. The Lot Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2, housing type and density per lot, and show all easements of record. The plat may also include a note indicating that the land area contained within the trail easement shall not be excluded from the calculation of Lot Area. Section 4: Subdivision Exemption Agreement The Applicant shall submit and record a subdivision exemption agreement that meets the terms o f Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. Section 5: Building Permit Application The building permit application for each of the residential units shall include the following: 1. A copy of the final Ordinance and P&Z Resolution. 2. The conditions of approval printed on the cover page of the building permit set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District. 4. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director fbr off-site replacement or mitigation of any removed trees. The tree removal pennit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. Additionally, a right-of-way landscaping plan shall be provided as part of the building permit application identifying that any trees removed from the right-of-way will have to be relocated. Any disruption or damage to the right-of-way irrigation system during construction shall also be repaired to the satisfaction of the Parks Department. Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 2 1111111 l ili -1 11-1. il - -- li li l illi 111 06/16/2006 03:59 525368 Page: 3 of 7 JANNIE K VOS Â· _ILL PITKI8 COUNTY C R 36.00 D 0.00 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. 6. A construction management plan pursuant to the requirements of the Community Development Department. The construction management plan shall include a plan for protecting the Midland and W. Hopkins Avenue Trails during construction. This plan shall be reviewed and approved by the Parks Department prior to building permit issuance. 7. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. Section 6: Growth Management Allotments The Applicant shall obtain Administrative Growth Management approval and provide affordable housing mitigation by developing one (1) "for sale" accessory dwelling unit or carriage house per lot, as contained within the Applicant's proposal. The ADU/Carriage House unit mitigating the Lot 1 development shall contain between 750 and 1200 square feet of net livable area and be located on Lot 2; the ADU/Carriage House mitigating the Lot 2 development shall contain between 750 and 1200 square feet of net livable area and be located on Lot 2. This mitigation will be acceptable mitigation for each of the residential dwelling units to be constructed on Lots 1 and 2 of the lot split pursuant to Land Use Code Section 26.470.040(B)(1), Administrative Growth Management Review: Detached single-family or duplex dwelling units, as amended from time to time, Section 7: Use and Dimensional Requirements The lots created by the lot split shall be subject to the use and dimensional requirements of the Medium-Density Residential (R-6) Zone District and as specified in Section 2 of this ordinance. The free market residential dwelling units to be developed on Lot 2 shall be constructed as two (2) detached dwelling units rather than in a duplex configuration; the "for sale" ADU/Carriage House units shall be developed in a duplex configuration. Section 8: Design Standards All residential dwelling units (free market and affordable) to be constructed on Lots 1 and 2 shall meet the residential design standards in place at the time ofbuilding permit, unless any variance(s) is duly obtained. In addition, the ADU/Carriage House units on Lot 2 shall also meet the ADU Design Standards contained in Section 26.520.050 of the Code, unless any variance(s) is duly obtained or where a stricter standard is specified within this ordinance. Section 9: Vehicular Access Vehicular access to Lot 1 shall be taken from the South Fourth Street stub located directly to the east of the property. There shall not be any vegetation taller than 30 inches Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 3 111 Ii[Id'11 -Ill - -lili-11-1 111[lilli 525-38 Page: 4 of 7 06/16/2006 03:55 JANICE K \05 C -_ILL PITKIr yGUNTY CO R 36.00 D 0.00 from existing grade planted within the area fifteen (15) feet south or north of the driveway to be accessed from 4th Street, at the property line or in the public right-of-way to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The Applicant shall also relocate the existing Midland Trail sign to the south side of the driveway and attach a new sign on the backside of the Midland Trail sign indicating the presence of the driveways crossing the trail to trail users. Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut. The residential units on Lot 2 shall share a single driveway and the curb cut shall be designed and constructed such that it will not provide a net loss in on-street parking in the W. Hopkins Avenue Right-of-Way (it may be necessary to reconstruct and realign a portion of the existing sidewalk/trail to ensure no net loss of on-street parking). The driveway access shall meet the City Engineering Department's standards for drive ramps. The driveway entrance points shall be in substantially the same location as they arc shown in the addendum to the application. Section 10: Curb and Gutter The Applicant shall construct curb, and gutter along the West Hopkins Avenue frontage of the property being divided prior to issuance of a certificate of occupancy for any of the units in the project. The timing of this installation may be changed if approved by the City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the Applicant shall repair the trail to the condition it was in prior to construction while allowing for the potential for modest realignment. The radii of the curb cut shall be the minimal that functions for the purpose of a driveway. The applicants shall gain approval from the Community Development Engineer to determine an appropriate sizing. Section 11: Trail Easement The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen along the western side property line of Lot 2 and on the westernmost 90 feet of Lot 2, running directly adjacent to the southern property line. A slightly wider easement shall be granted at the southwest corner of Lot 2 to allow for a moderate turning radius on the trail. The exact location of this easement shall be approved by the Parks Department prior to recordation of the final subdivision exemption plat. This easement shall be shown on the subdivision exemption plat and shall be described in the subdivision exemption agreement. The easement shall not affect allowable FAR, density, setback requirements, or other dimensional requirements. Section 12: Landscaping The Applicant shall install a tree root barrier on the trees that are to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also install tree saving constniction fences around the drip line of any trees to be saved subject to the following provisions: Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 4 1 killi _ Ul â„¢ ll il- - HI 1111 lilin lili 52! 08 Page: 5 of 7 06/16/2006 03:52 JANICE K VOS 2 -D.LL P.TKIN COLÂ¤Â¥ CO R 36.00 D 0.00 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 drip line. Section 13: Soil Subsidence and Rock Fall Hazards The Applicant shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is suitable to handle the proposed development. The Applicant shall also submit a report from a qualified, licensed engineer demonstrating that rock fall from the slope above the proposed development will be sufficiently mitigated to prevent rock fall hazards. This report shall be submitted for review by the Community Development Department prior to the issuance of full structural building permits. Section 14: Fire Mitigation The Applicant shall install a fire sprinkler system that meets the requirements of the Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of charcoal grills shall be prohibited in this development because of fire danger concerns. This prohibition shall be included in the Subdivision Exemption Agreement for the development. Section 15: Aspen Consolidated Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. Section 16: Impact. Park Development and School Land Dedication Fees Park Development Impact Fees shall be assessed on each residential unit constructed on Lots 1 and 2 at the time of building permit issuance. The park development impact fees shall be calculated by the City Zoning Officer at the time of building permit issuance using the fee schedule in place at said time. School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code Section 26.630, School Lands Dedication, and a proportionate amount of all applicable impact fees shall be due at the time of building permit issuance for each residence within the lot split. Other Impact Fees, as applicable, shall be due at the time of building permit application submittal. Section 17: Exterior Lighting All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 18: Previous Approvals Upon recordation of the subdivision exemption plat, the previous approvals including PUD, Subdivision and any others associated with the subject property will become Ordinance No. 6. Series of 2006 ~'Boomerang Vacant Parcel" Lot Split and Rezoning, Page 5 52536 Page: 6 of f 05/16/2006 03:55 JANICE K VOS CAUDI-L PIT IN COU~TY CO R 36.00 D 0.00 vacated, null and void for good cause found, and the provisions of this approval will be in place. Section 19: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public ofthe approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Portions of Lots A-I, Block 32, City and Townsite of Aspen, by Ordinance No. 6, Series of 2006, of the Aspen City Council. Section 20: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 21: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 23: A public hearing on the ordinance shall be held on the 27th day of March, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice ofthe same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 6 I ill litttlidu I 1 1 1 111 1 - 1 li lim 111 Page: 7 of 7 52536 06/16/2006 03:52 JANICE K VOS CALIL ILL PITK) 20.6. fY C. R 36.00 D 0.00 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City ofAspen on the 13th dayofFebruary 2996.~0-~ --=J.all'M , IMIen Kalin 1031162*1~Mayor ATTEST: k i tu-w 3 *f 44_ Kathryn S. ~bch, City Clerk FINALLY, adopted, passed and approved this 10th day of April, 2006. Inlen-Kalin Klmiderbd, Mayor ATTEST: kial 3 -4 *AL kathryn S. ~,-City Clerk APPROVED AS TO FORM: -4 ne,xbu- ~-Johiry. Worcester, City Attorney Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 7 ,~Ci-vhz; AyÂ¢ JÂ¢// AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 5-0 1 W Â· 4Â·/ap kÂ·On-s 4~~~t - , Aspen, CO SCHEDULED PUBLIC HEARING DATE: A.Ont 07 APIA l /3 .â‚¬ 5: rn,1 9 214.f~ STATE OF COLORADO ) ) SS. County of Pitkin ) I, .An 7 -e.-C a 2>c c-4 t~t'l (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 ofnotice: 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 liotice: By posting of notice, which form was obtained from the Cominunity 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 ofnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(IE)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to at 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 ofthe owners and governmental agencies so noticed is attached hereto. (continued on next page) HI' Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. 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 o f, and the notice to and listing of names and addresses o f owners of real property in the area o f the proposed change shall be waived. However, the proposed zoning map 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. â‚¬uabat / The foregoing "Affidavit ofNotice" was acknowledged before me this 30 day of H c(Wth , 200-~ by A-n- C.) el C~ Sc O--f -â‚¬--'~- 1 WITNESS MY HAND AND OFFICIAL SEAL - /1 /001 9 My commissi~expirea: liD Notary Public ~ CA!*.?4& i CORY J. CD t GARSKE j q>:S.. ATTACHMENTS AS APPLICABLE: 14:*.GiF â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) My Conimission Expires 05/09/2012 â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAÂ£ OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 6..... ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 99 Â»J. #ernlus , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4lpm - ,200 STATE OF COLORADO ) ) SS. County of Pitkin ) 1 4Â£2,/7' 'VÂ¢:4<4,54/ (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. v 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 ille public hearing c -- 1 was continuously visible from the day of 41/27 , 20*39, to and including the date and time of the public hearing. A photograph ofthe posted notice (sign) is attached hereto. V~ 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) ;IIIâ€¢ PUBLIC NOTICE RE: 501 W. HONKÂ»IS AVE - VESTED RIGHTS Â· EXTENSION NOTICE IS HEREBY GWEN that a public hearing â€¢ will be held on Monday, Aprn 13,2009, al a i 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 501 W. Hopkins LLC, 306 S. Hunter St, Aspen, CO 81611, which is the owner of the subject properly. The Applicant requests vested rights exemption to develop the site with their approved development plan for a single-family residence on Lot 1 of the Boomerang Lot Split Subdivision, commonly known as 510 W. Hopkins Ave. For further information, contact Ben Gagnon at the City 01 Aspen Community Development Department, 130 S. Galena St., Aspen. CO, (970) 429-2755. Ben.Gaanon@cs.aspen.co.us. Sl Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times Weekly on March 29,2009.(3187011) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f 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 amendm~ltsL figpv The foregoing "Affidavit of Notice" was acknowledged before me this /3 day Of A f AL , 1009_,by 3 0/0/u / 1/ /4 u IJ 04"Wll' Ill f ff,fr,#, WITNESS MY HAND AND OFFICIAL SEAL .$$1)â‚¬?9.-fff,81Â§%20 b. .... % 1 My commission expjms: 0 9.20/0 .:4OTA/4 2% 1 - - :E 4-722-ing' N-Â»C- frt) ~S~:. PUBL\C ..,-9 â‚¬ 1 A- - ... ary Public 424036344 \\\\, dr 94 ,'///Nuilili#0$19 m,ssion Exp\06 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 4,1111111/1/ tr PUBLIC NlTICE DATE Mr, 3,; C . 1 TIME e>Â·" r,-4 PUCE + Â·,7/1 -77-y 'sc PURPOSE f Â·Â· ,- 44Â·. , ........ .1. .....4 r /9 l&7 8:f? PUBLIC NOTICE RE: 501 W. HOPKINS AVE - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 13,2009, 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 501 W. Hopkins LLC, 306 S. Hunter St., Aspen, CO 81611, which is the owner ofthe subject property. The Applicant requests vested rights exemption to develop the site with their approved development plan for a single- family residence on Lot 1 of the Boomerang Lot Split Subdivision, commonly known as 510 W. Hopkins Ave. For further information, contact Ben Gagnon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2755, Ben.Gagnon@ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on March 29,2009 City of Aspen Account Easy PeelÂ® Labels A illi Bend along line to ~ AVERYÂ® 5160Â® I , Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up Edgeâ„¢ 1 A A 430 WEST HOPKINS CONDO ASSOC 501 W HOPKINS LLC 501 WEST MAIN LLC COMMON AREA PO BOX 8769 532 E HOPKINS AVE 432 W HOPKINS AVE ASPEN, CO 81612 ASPEN, CO 0 ASPEN, CO 81611 ALPINE BANK ALPINE BANK ALEXANDER JOAN P ATTN ERIC GARDEY ATTN JEAN MOORE 739 25 RD PO BOX 10000 600 E HOPKINS AVE GRAND JUNCTION, CO 81505 GLENWOOD SPRINGS, CO 81602 ASPEN, CO 81611 AMAYA JOSE ANTONIO ANGELOV DIMTAR S & DANIEL D ASPEN FSP ABR LLC ARGUETA BLANCA EDITH 605 W HOPKINS AVE #209 11921 FREEDOM DR #950 605 W HOPKINS AVE #103 ASPEN, CO 81611 RESTON, VA 20190 ASPEN, CO 81611 BARTON META PACKARD BRIDGE WILLIAM & JOSEFINA BROOKS NORMAN A & LESLEE S 4475 N OCEAN BLVD APT 43A 2075 SHERWOOD DR 16311 VENTURA BLVD #690 DELRAY BEACH, FL 33483 CAMBRIA, CA 93428 ENCINO, CA 91436 CARROLL MEREDITH COHEN CHRISTIANA UNIT D101 LLC CARTER RICHARD P CARROLL ARTHUR RICHARD C/O FRANKLIN ST PARTNERS LLC 400 E 3RD AVE #804 605 W HOPKINS AVE #210 215 ZOE WY DENVER, CO 80202 ASPEN, CO 81611 MIAMI, FL 33140 CITY OF ASPEN CHUCHMAN GEORGE S CORTALE ITA ATTN FINANCE DEPT PO BOX 2800-355 205 S MILL ST #112 130 S GALENA ST CAREFREE, AZ 85377 ASPEN, CO 81611 ASPEN, CO 81611 EMERICK SHELLEY W ERICKSON A RONALD FARR CHARLOTTE 2449 5TH ST 605 W HOPKINS AVE #211 306 MCCORMICK AVE BOULDER, CO 80304 ASPEN, CO 81611 CAPITOLA, CA 95010 FINE FREDRIC N & SONDRA FRANSEN ERIN M & GREGORY H GOLDENBERG STEPHEN R & CHERYL J 412 MARINER DR PO BOX 5082 430 W HOPKINS AVE JUPITER, FL 33477 GILLETTE, WY 0 ASPEN, CO 81611 GOLDMAN DIANNE L H & H PROPERTIES LLLP HAYMAN JULES ALAN PO BOX 518 807 W MORSE BLVD STE 101 9238 POTOMAC SCHOOL DR FAIRFIELD, CT 6824 WINTER PARK, FL 0 POTOMAC, MD 20854 JEWISH RESOURCE CENTER CHABAD JOHNSTON FAMILY TRUST KELLY KIM OF ASPEN 2018 PHALAROPE 605 W HOPKINS AVE #202 PO BOX 12099 COSTA MESA, CA 92626 ASPEN, CO 81611 ASPEN, CO 81612 ttiquettes faciles & peler Repliez & la hachure afin de www.avery.com 1 Utilisez le gabarit AVERYÂ® 5160Â® Sens de charaernent ravaler le rebord Pop-Upâ„¢ 1-800-GO-AVERY 1 Easy PeelÂ® Labels A I Bend along line to Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up Edgeâ„¢ ~ AVERYÂ® 5160Â® 1 A J A KONIG DEBORAH KURKULIS PATSY & PAUL R LAMB JENNIFER C & TIMOTHY E HANSON KIM 605 W HOPKINS AVE #201 605 W HOPKINS AVE #204 605 W HOPKINS AVE #203 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 LOT 2 BOOMERANG LOT SPLIT LESTER JAMES LITTLE AJAX CONDOMINIUM ASSOC PLANNED COM OWNERS ASSOC 229 CHRYSTIE ST #1417 605 W HOPKINS #006 533 E HOPKINS AVE 3RD FL NEW YORK, NY 10002 ASPEN, CO 81611 ASPEN, CO 81611 MADSEN MARTHA W MARSHALL ALISON J & JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 NELSON TREVOR T & ROSE MARIE NIX ROBERT F OHARROW SIOBHAN P 605 W HOPKINS #207 323 VINE ST 605 W HOPKINS AVE #208 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V ROLAND DANIEL P & LEAH S SCHALL FAMILY TRUST 8/31/1998 PO BOX 11071 605 W HOPKINS AVE #102 18518 ST MORITZ DR ASPEN, CO 81612 ASPEN, CO 81611 TARZANA, CA 91356 SCOTT BUILDING CONDO ASSOC SCOTT MARY HUGH SHADOW MTN CORP COMMON AREA RUSSELL SCOTT 111 & CO LLC C/O FINSER CORP 400 W HOPKINS AVE 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET ASPEN, CO 81611 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC STASPEN LLP SMITH ANDREW C & DONNA G C/O JENNIFER SHERWIN C/O JOHN STATON 3622 SPRINGBROOK ST 1714 VISTA ST 1180 PEACHTREE ST NE DALLAS, TX 75205 DURHAM, NC 27701 ATLANTA, GA 0 TOMS CONDO LLC SUBOTKY JULIE E TODD SHANE C/O BFU\NDT FEIGENBAUM PC 55 WEST 14TH ST #15L PO BOX 2654 132 MIDLAND AVE #4 NEW YORK, NY 10011 ASPEN, CO 81612 BASALT, CO 81621 WASHBURN LYNN S VANDERSCHUIT FAM TRUST VERNER DANIEL A & MERYLE TERRELL SERENE-MARIE 5836 WAVERLY AVE 2577 NW 59TH ST 605 W HOPKINS AVE #205 LA JOLLA, CA 92037 BOCA RATON, FL 33496 ASPEN, CO 0 WENDT ROBERT E 11 WERLIN LAURA B TRUST WHITNEY KURT A & JACQUELINE 350 MT HOLYOKE AVE 2279 PINE ST PO BOX 5950 PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 SNOWMASS VILLAGE, CO 0 Itiquettes faciles & peler Repliez & la hachure afin de www.avery.com 1 Utilisez le gabarit AVERYÂ® 5160Â® Sens de chargement ruv6ler le rebord Pop-Upâ„¢ 1-800-GO-AVERY 1 Easy PeelÂ® Labels A I Bend along line to ~ AVERYÂ® 5160Â® 5 , Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up Edgeâ„¢ A YLP WEST LLC YOUNG PAUL 111 FAMILY TRUST 7 SOUTH MAIN ST 413 W HOPKINS AVE YARDLEY, PA 19067 ASPEN, CO 0 ttiquettes faciles & peler Repliez h la hachure afin de www.avery.com H Utilisez le gabarit AVERYÂ® 5160Â® Sens de charqement ravaler le rebord Pop-Upâ„¢ 1-800-GO-AVERY 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 20,2009 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 0019.2009.ASLU, Lot 1, Boomerang Lot Split Subdivision. The planner assigned to this case is Ben Gagnon. O 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: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all o f the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~l~Your Land Use Application is complete: / Rit there are not missing items listed above, then your application has been deemed complete to begin the land use review process. 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. Thank You, 1\ Y //1 (Aut \-Y J VUjU Jennifer Phelan) Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\all documents 11.30.07\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use,doc Vltld MEMORANDUM TO: Mayor Ireland and Aspen City Council er . FROM: Ben Gagnon, Special Projects Planner It THRU: Jennifer Phelan, Community Development Deputy Director dr- DATE OF MEMO: April 20% 2009 MEETING DATE: April 27% 2009 RE: Lot 1, Boomerang Lot Split - 501 W Hopkins Ave - Exemption from Expiration of Vested Rights Public Hearing of Resolution No. 22 Series of 2009 SUMMARY: CURRENT ZONING & USE The Applicant requests City Council Located in the Medium-Density Residential (R-6) approve an exemption from expiration of zone district. vested rights of an approval to build a single-family home on Lot 1 of the PROPOSED LAND USE: Boomerang Lot Split, at 501 W. Hopkins The Applicant proposes to be exempt from the Ave. expiration of vested rights. APPLICANT /OWNER: ~TAFF RECOMMENDATION: 501 West Hopkins LLC Staff recommends that the Mayor and City Council approve an extension of vested rights rather than the REPRESENTATIVE: requested exemption from the expiration of vested Vann Associates rights, with conditions. This would provide a three year extension rather than the requested perpetual LOCATION: extension. 510 W. Hopkins Ave.; Legal Description - Lot 1, Boomerang Lot Split: Parcel Identification Number - 2735- 124-66-001 LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the City Council: â€¢ Exemption from Expiration of Vested Rights The City Council may by resolution at a public hearing noticed by publication, mailing and posting [see section 26.308.010(B)] approve an exemption from the expiration of vested rights in accordance with this Revised 4/21/2009 Page 1 of 3 section. Only subdivisions composed of detached residential or duplex units shall be eligible for the exemption. City Council is the final review authority who may approve or deny the proposal. PROJECT SUMMARY: The applicant has requested an exemption from the expiration of vested rights for Lot 1 of the Boomerang Lot Split Subdivision approved by Ordinance No. 6, Series of 2006, which allows for the development of a single-family home on the subject lot and is commonly known as 501 W. Hopkins Ave. The Boomerang Lot Split Subdivision is a two lot subdivision that consists of a deed-restricted duplex and two single-family detached homes on Lot 2, and a single-family home on Lot 1. The affordable housing duplex and one single-family home on Lot 2 are completed and occupied, with the second single-family home on Lot 2 almost completed. A building permit was issued for Lot 1, and basement excavation was near completion when 510 W. Hopkins LLC decided not to continue going forward with construction. The Boomerang Lot Split Ordinance vested the approval until April 28,2009. A site specific approval is typically vested for a period of three (3) years from the date of the approval. This vesting period allows a developer to build what was approved, subsequent to the approval, without having to meet any regulation changes that may occur during the vesting period. The time period also protects the municipality by ensuring that an approved development is constructed in a timely manner or the development is required to meet regulation changes after the vesting period has expired. STAFF COMMENTS: The Engineering Department is requiring the applicant to obtain a Right of Way permit for the driveway, which will also require the seeding of a swale along the sidewalk and minor repairs to some portions of the sidewalk. Obtaining this Right of Way permit is a condition of approving the exemption from expiration of vested rights. Following discussions with neighbors. the owner has agreed to exceed the City's standards for exemption from expiration of vested rights by agreeing to remove all construction trailers and equipment, fill in the excavated area and plant grass over the reclaimed area. These conditions are included in the Resolution. This is a laudable action by the applicant. However, the final single-family dwelling unit in this subdivision has not been constructed. If an exemption from the expiration of vested rights were approved, the applicant could choose not to construct the single-family dwelling for 20 years or for any period of time. In the case that the single-family dwelling is not constructed for a substantial period of time, the land use code may change dramatically during that period potentially requiring significant public improvements that would not apply to the applicant. The fundamental purpose of setting a term for vested rights is to allow the applicant some level of assurance that new requirements will not be imposed, while allowing the City to apply new Revised 4/21/2009 Page 2 of 3 requirements over the long-term in the event that the public through its representatives deem them necessary. A permanent exemption of vested rights tends to work against the rights reserved under the land use code to amend the title from time to time. Although the Applicant has requested an exemption from the expiration of vested rights, Staff recommends that the Applicant be provided a three (3) year extension of the vested rights associated with Ordinance No. 6, Series of 2006 until April 28, 2012. RECOMMENDATION: Staff recommends that the exemption from the expiration of vested rights be denied but that an extension of vested rights be approved until April 28,2012, with conditions. Two resolutions are included with this memo. Resolution 22- A provides for an exemption from vested rights as requested by the Applicant while Resolution 22- B provides for the extension of vested rights for three years until April 28,2012. CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: "1 move to adopt Resolution No. , Series of 2009." ATTACHMENTS: Exhibit A - Staff Findings, Exemption from Vested Rights Exhibit B - Staff Findings, Extention of Vested Rights Exhibit C - Application . Revised 4/21/2009 Page 3 of 3 RESOLUTION NO.~,-A (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN EXEMPTION FROM EXPIRATION OF VESTED RIGHTS GRANTED BY ORDINANCE NO. 6 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY COMMONLY DESCRIBED AS 501 WEST HOPKINS AVENUE, LEGALLY DESCRIBED AS LOT 1, BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel Identification Number 2735-124-66-001 WHEREAS, the Community Development Department received an application from 501 W. Hopkins LLC, requesting An Exemption from Expiration of Vested Rights Exemption pursuant to Ordinance No. 6, Series of 2006; and WHEREAS, The Aspen City Council adopted Ordinance No. 6, Series of 2006, which approved the Boomerang Lot Split, creating Lot 1 and Lot 2, and awarded Vested Property Rights status for two detached free market residential units and two "for sale" ADU/Carriage House units in a duplex configuration on Lot 2, and one free market residential unit on Lot 1, until April 28,2009; and, WHEREAS, the applicant submitted the application for Exemption from Expiration of Vested Rights before the vested rights expired in 2009; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an Exemption from Expiration 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 an approval of the Extension of Vested Rights rather than an approval for an Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split; and WHEREAS, the Aspen City Council has reviewed and considered the request of an Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split under the 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 Exemption from Expiration of Vested Rights proposal meets or exceeds all applicable land use standards and that the approval of the Exemption from Expiration of Vested Rights with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution A Pagel NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves the request for an Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split that was approved by Ordinance No. 6, Series of 2006 by the Aspen City Council, 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 the 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 that are in effect at the time of building permit, unless an exemption granted in writing. Section 2: The applicant shall obtain approval for a retroactive Right of Way permit from the City of Aspen Engineering Department for the driveway, for seeding of the swale adjacent to the W. Hopkins sidewalk and minor repairs to sidewalk uplift that has occurred. The Right of Way permit is to be obtained by July 1,2009. Applicant shall remove any construction trailers and construction equipment, remove the construction fence, fill in the excavation and use grass seed to vegetate the reclaimed area, this work to be completed by July 1,2009. Section 3: 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 4: 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 resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Section 5: 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 j urisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution A Page 2 Section 6: A public hearing on this resolution was held the 13th day o f April, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City of Aspen. FINALLY adopted, passed and approved this 13th day of April, 2009 by a vote. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Resolution A Page 3 RESOLUTION NO.Q- B (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE NO. 6 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY COMMONLY DESCRIBED AS 501 WEST HOPKINS AVENUE, LEGALLY DESCRIBED AS LOT 1, BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel Identification Number 2735-124-66-001 WHEREAS, the Community Development Department received an application from 501 W. Hopkins LLC, requesting An Exemption from Expiration of Vested Rights Exemption pursuant to Ordinance No. 6, Series of 2006; and WHEREAS, The Aspen City Council adopted Ordinance No. 6, Series of 2006, which approved the Boomerang Lot Split, creating Lot 1 and Lot 2, and awarded Vested Property Rights status for two detached free market residential units and two "for sale" ADU/Carriage House units in a duplex configuration on Lot 2, and one free market residential unit on Lot 1, until, April 28,2009; and, WHEREAS, the applicant submitted the application for an Exemption from Expiration of Vested Rights on March 161 2009 before the vested rights expired; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an Exemption from Expiration 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 an extension of vested rights rather than an exemption from the Exemption from Expiration o f Vested Rights for Lot 1 0 f the Boomerang Lot Split for a three year period; and WHEREAS, the Aspen City Council has reviewed and considered the request of an Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split under the 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 Exemption from Expiration of Vested Rights with conditions, is not consistent with the goals and elements of the Aspen Area Community Plan; however, an extension of vested rights is consistent with the goals and elements of the Aspen Area Community Plan and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. Resolution _ B Page l NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves the Extension of Vested Rights for Lot 1 of the Boomerang Lot Split that was approved by Ordinance No. 6, Series of 2006 by the Aspen City Council, 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 the 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 that are in effect at the time of building permit, unless an exemption granted in writing. 2. That the new expiration date for vested rights is April 28,2012. Section 2: The applicant shall obtain approval for a retroactive Right of Way permit from the City of Aspen Engineering Department for the driveway, for seeding of the swale adjacent to the W. Hopkins sidewalk and minor repairs to sidewalk uplift that has occurred. The Right of Way permit is to be obtained by July 1,2009. Applicant shall remove any construction trailers and construction equipment, remove the construction fence, fill in the excavation and use grass seed to vegetate the reclaimed area, this work to be completed by July 1,2009. Section 3: 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 4: 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 resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Section 5: 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. Resolution _ B Page 2 Section 6: A public hearing on this resolution was held the 138 day of April, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City o f Aspen. FINALLY adopted, passed and approved this 13th day of April, 2009 by a vote. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Resolution _ B Page 3 Exhibit A Review Criteria & Staff Findings 26.308.010(B)1 Exemption from expiration of Vested Rights. The City Council may by resolution at a public hearing noticed by publication, mailing and posting approve an exemption of the expiration of vested rights in accordance with this Section. Only subdivisions composed of detached residential or duplex units shall be eligible for the exemption from the expiration provisions of Subsection 26.304.070.D. To obtain an exemption, an application for exemption shall be submitted at any time prior to the third (%) anniversary of the effective date of the development order which shall demonstrate to the satisfaction of City Council that: a. Those conditions applied to a project at the time of final approval that were to have been met as of the date of application for exemption have been complied with; Staff Finding: Staff finds the proposal complies with this standard as the affordable housing mitigation that was required for the entire subdivision was constructed and is currently occupied, the Trail easement has been provided and a trail installed, as well as other provisions of the ordinance. b. Any public or private improvements that were required to be installed by the applicant prior to construction of any dwelling unit have been installed. Staff Finding: The final single-family dwelling unit in this subdivision has not been constructed. If an exemption from the expiration of vested rights were approved, the applicant could choose not to construct the single-family dwelling for 20 years or for any period of time. In the case that the single-family dwelling is not constructed for a substantial period of time. the land use code may change dramatically during that period, potentially requiring significant public improvements that would not apply to the applicant. The fundamental purpose of setting a term for vested rights is to allow the applicant some level of assurance that new requirements will not be imposed, while allowing the City to apply new requirements over the long-term in the event that the public through its representatives deem them necessary. A permanent exemption of vested rights tends to work against the rights reserved under the land use code to amend the title from time to time. Staff finds the proposal does not fully comply with this standard. Exhibit B Review Criteria & Staff Findings C. Extension or reinstatement of vested rights. The City Council may, by resolution at a public hearing noticed by publication, mailing and posting (See Subparagraphs 26.304.060[El[3-][al [b] and [c]) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not be limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding: The applicant has complied with required conditions. Staff finds this criterion has been 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 the project to date, including efforts to obtain necessary permits. Staff finds this criterion has been 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 has paid all required fees and constructed the affordable housing that was required as mitigation. Staff finds this criterion has been 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: The needs of the applicant are served by gaining an extension of vested rights. The needs of the City would be met by extending vested rights for a limited period of three years so that if changes to the land use code are made after three years with the intention of providing added benefits to the community, the applicant would have to comply with new requirements. Staff finds this criterion has been met. 1 h EXHIBIT ~BOOMERANG LOT SPLIT SUBDIVIS][ON -EXE-MPT][-ON-~ PLAÂ·1 2 OWNERS CERTIFICATE 4 -J =**49=:9=*2'11~~~~~'& 95*W= 87? 970 L,Al,Or,Z~Al.r *. ITTI~,~J~â€žwgi:ILA27zof, ~Aw.y'%~REMEav>floT 1-â€¢20 CONT/111.0.453 ACRES Â·/ C-TAIN-m= Â·/- e N . EMI'~&1"UN=au-14=Int,1 m LI,~ .4.11. D I s rANCE k L 1 : I.â€¢10'49-' ..00 ./.1, 4... p L ' iN I.. 4.-e '.,i.., 11.. ..40 Cl,CUATED Â· K.12 :9tr-'.50Â·6 1 C.'/frY . ....'tm'. J <Tu 6 Â£"!'~* -r 22Er--'5:.fia:.8,&Â£.,m.." Â£1.1FOF 6369 A~,a,-rEL-'.0, 31 zerls,i.*w IL-1--* f 44 HOPKINS IVINV* e --) 82â‚¬"tifNEbe,fru37.~"~=.:12,/,6=G. ilt=.A. â‚¬2~3''ll ~~LI:i:=a=Â·=:r,=13" _00,0â€¢X -L,-4 i 0 r----J q%21,34 ~*4 \. "S' f"S.... 1*/1 6.=14' MORTGAGEE'S CERTIFICATE 04% \. â„¢~T ma of -T AECOROED AS IEâ‚¬Driol, 1,0. . TIE ~IAL 2'0Â·00Â·, -&,67..E'XMmT: 122.?23 Wr'.IN :"01~ke:-***~1.1. Col~ *8~ 'A'M ...i. 0, nus i./ 1 /c/ ..T .ED "94, *eT .... *ECa~ 00 .... c-Ir................. Râ€žwT- â„¢1â€¢ --~1- DAY -BEL_ 2001 1-- 1 * 1 . ...,-IL ..... A MAT,01,4, ......i./. 1,~T-,EE. 1.07 1 --- '...7.-- .,AYE . COL-,Â£01 1 1 /3 1 1 LITTLE AJAX AFFORDABLI HOU'IM' 1 ' W i-)2 E ~ E . ~-~~~---c-- Prr fa .c- * - 2- I /i / 119-1-imri,k,gglmi.- Â£. C-" .,1.1. r .' 1 .t â€¢Â· AEâ€¢/ 6,:e'l. .. \4 \ 1.4. 2.194.1 . F n f 1 4 r I kEIiligRE:?E:fiE!!:i]irb,7.41,9Â£.AE!.'Ef. *:,1.0 0 ./. W.Z o TITLE CERTIFICATEE Wa.Ur - 'W"dilâ€¢ ....., a.,.-Il r.l . ./-,IN 17=Nmi,?Imy =i.-Â·et.. Y lucir 4~.* :I' 21 -19 L Ef~r,- . 6.Fâ€ž.1.. th. .... Th. N,1-1 -M liliâ€ž1-41-, m ..1.1/1- -' - tr \ 42 Th.,-,Il-,d /,6. I.......6./ .......i i.... * 'Imllâ€¢,I 1 1.'Lt-Â»' - (Ll*+6'f Vt-:454 + .' *Ab ' ...I-/li, I' ., I..' . ./. 'I â€¢Il Ul fril -.'. I. I.-/.i'r /\ YaL. AS~el. COLOR~O,IOCT' b...I.....i .f L., 2.6.1 '. 11.Ii. i. iâ€ž IZI 4~i~*h~ 1./ 2,70 MEI JoÂ§ 7 1 . . / -h~1,~,i-4W l' . ~â€¢,1-~d 1, I 4â€ž~~E,~ifiâ€žF*,1-~.,1~01- t. 42. .ATE . COLORADO I ii.Eitilt:filiFEi:va!iN;'4~~r:ENTU:;22:t] W:?-*. 42Â£.r CO-rÂ¥ .....d. 1 fre. 11- 1. 11... ........1.1... ..... m.-C..â€ž... '.,1 h .4 i -. 1 99'ale/M Lf :a===941. *-/ 6*11 ~~t 6, -# tr- ..4 ~,- ' 1. lk~ *,1â€ž* -1 ~1 Ar-/ ' *Mi,/ MA SÂ¥~7-, 20=.r -ir,W ./ 11,1 ..Lf:I 3 2 w '. 1| 11 1, ", 1~, 'fr, 1 0,1,-4,. d,-Ii'. *TI-,bl' 11-r -ni -,i, .6 r LOT 2 - i t. . MARY B ~ i. ~U/C,i.la,~ .il ini-â€¢Ii, 16â€¢ .t ~ .â€¢â€¢1â€¢,-1 â€¢hâ€¢I' Â£â€¢â€¢1â€¢,â€¢ 1.r #01,6 -- 1 ....r'.., '.i.... 750..a I:M ./.i, 1â€ži /1 'li Iâ€¢â€¢/i â€¢.â€¢â€¢ â€¢â€¢' 6â€¢ Iâ€¢â€¢I'.~.i L., 2 7-\ nl, al,1,â€ž1~1,111 6, ~*4.# /1,1,eli- 1,f ,~â€¢h d *hâ€¢ .â€¢ildâ€¢â€¢1[A,]11â€¢1 SUBD ~ SURVEYORÂ·S CERTIFICATE rk..1-. 4â€ž ~f .6 =Câ€¢r. 1. -â€¢â€ž .â€¢11, 'â€¢â€ž1-â€¢4 â€¢â€¢ L.,2.6,11 6. Ulla MY ~IMCTION AMD gm# . TRE I.E..0,1 =EZ, REAL MLOPOTY. loo. ..â€¢-, .......i i. L..i ... cu. i.,il.. a sis UG~Anal. -2/4 1 n~ â€žcâ€ž~o. .., gi...,oâ€ži * t~ .0*,Â·, Lim. UtiLITI.. ~I~~~e-TI 'h.l.â€ž-6..~.1...4....... L.1 '.6.Il 6...iii!*.. fl.- Ar.. 6â€¢â€¢.i â€ž.Il â€¢â€¢ Â» I 16, Fl~â€ž A,i~ 1. i. ADU/>rrl,1. ~61.~ â€¢Ill,â€¢â€¢Iâ€¢â€¢ I. L.1 2 im'ze;JiltÂ·:i.:itâ€žM:.1,08 -,/15:4=1.MZVâ€ž d...1..... ,......i i. L,ad Wi. c*4, 14.,Ilâ€¢ ..SJ-%/1[PI. PRIDE OF ASPEN - All ,.,,4....I d..Ill...â€¢I,â€¢ 11.â€¢â€¢ I.kâ€¢, â€¢â€¢4 ....Iâ€¢1 1, 6- â€¢â€¢â€¢â€¢Irâ€¢,lid â€¢â€¢ / LIGEND AND NOTES cc--Cal ....................... IN ~0GmaDNâ€¢=â€¢ â€¢,4 2 â€¢6â€¢11 .â€¢.1 â€¢hâ€¢ il.1.â€¢,1.1 4 1 .1..... 1. '1â€¢â€¢/ .1,6. .1...f MtNENG CLAIM .!1Â¥rM = N. AUTICLI,1 As * GD nÂ», Ti,1 I M A'Wif-'M ..4/ . ... W:kn!, n =:,t.:Â·uÂ·s:, iu :,Â·t'!'=: st:..:.,9.9:'::,:;Â·,f,:tr .- 4 0 ./O 0. SET SU,%,0...INT Al Decal,ED 525370 \ e .Y- i....,1,â€ž,I, i. i....1.f ....,.,i'. /1/.I.,I-..; 1â€¢ Lâ€¢12 â€¢14â€¢11 'I Â¥!Cill TY MA P . ./,rr - 01@.ltill'Ill# '1.,â€ž0 . I i.~.. f.. 1.., 1~Ii, Aâ€ž....I~ * ilh.1. ..â€ž 2.1, Th.,~.Uâ€¢~nâ€¢1 .â€¢Ili . ... 1.,1 c i MN[~diA//ROVAL i.'ll, I. li ./. I., i. 11 6/ 'â€¢â€¢~iâ€¢â€¢4 â€¢â€¢4 1--400Â· -â‚¬r ce,rrn. 4*&;34*Â¢r:Â¥(â€ž15*g: - TITU 11-*ul- -.11.. 'Â¥Â· n. .1....,.......h~11,~,1 - ./WI, Dâ€¢,â€¢rlâ€¢â€¢â€¢1 â€¢ â€¢~â€¢â€¢'â€¢r'â€¢'â€¢r Â¥6â€¢.â€¢ ..11 .â€¢/ 1â€¢.1.f â€¢â€¢.iâ€¢./. 1,/'*pÂ¢.9......1.-1 I Ittâ€ž /1 â€¢ ......... L.1 /111 '116.i.â€žr..,1., Ill'. Cli, I A,, ./.: .'IL Il. Â®- CITY ENGINEER'S APPROVAL Immali,di~ 11'1â€ž1721/ er,21 i'14Â°.:irltr - T- --T,011 0, '00. â€¢ ...VALVE :%95%Eâ‚¬*3162~REL~~i;3&&0;53.Â£--' %412*Ip.'I.-&.......... .. O ce.-im" co,â€ž,v co.Â«.,Mr'49..0,4 -f i. Picrli WE: â„¢1* -Fan LIES IN ZOâ€¢IE C M- p- nE clrY g AS,el. COMMUNITY DEVELOPMENT. APPROVAL DECS'ER 4. 19,5 933#Ze=.#'c~~~~1?~Â¥:FRAPÂ·NtÂ·&'*9 ~ ~ ASPEN SURVEY ENGINEERS, INC. ite -uâ„¢ - sT-f SITE . 1,4 7)024.- inuÂ·+13),Â·--4.- -- I / PHO'*/fa 1,70,/I..' 1 DATG Jo. â€ž0. .10,0 ,<GER> CLERK AND RECORDER Â· 5- ACCEPTANCE PARKS DEPARTMENT APPROVAL JOB No. 20197/ ,* ~ I."IM ~Ii:I~|~ I~~Ti" E>Â«Er- .. C RECEIVED VANN ASSOCIATES, LLC Planning Consultants MAR 1 6 2009 011 Y ur Aort:N March 16, 2009 COMMUNITY DEVELOPMENT HAND DELIVERED Ms. Jennifer Phelan Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Lot 1, Boomerang Lot Split Subdivision, Vested Rights Exemption Dear Jennifer: Please consider this letter an application for City Council approval of an exemption from expiration of vested rights for Lot 1 of the Boomerang Lot Split Subdivision (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.010.B. of the Aspen Land Use Regulations (the "Regulations") by 501 W. Hopkins, LLC (hereinafter "Appli- cant"), the owner of the property (see Exhibit 2, Title Insurance Policy). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form, an application fee agreement, and list of property owners located within 300 feet of Lot 1 are attached as Exhibits 4,5 and 6, respectively. Background On April 10, 2006, the City Council approved Ordinance No. 6 which rezoned a parcel of land consisting of portions of Lots A through F, Block 32, City and Township of Aspen, from R-15, Moderate-Density Residential to R-6, Medium- Density Residential (see Exhibit 7). Ordinance No. 6 also granted subdivision exemption approval to subdivide the property into two lots, which are depicted as Lots 1 and 2 on the Boomerang Lot Split Subdivision Exemption Plat (see Exhibit 8). A Subdivision Exemption Agreement for the Boomerang Lot Split Subdivision memorializing the conditions of the rezoning and subdivision exemption approval was recorded with the Pitkin County Clerk in June of 2006 (see Exhibit 9). 230 East Hopkins Ave. Â· Aspen, Colorado 81611 Â· 970/925-6958 Â· Fax 970/920-9310 Ms. Jennifer Phelan March 16, 2009 Page 2 Ordinance No. 6 and the Subdivision Exemption Agreement permitted the construction of one single-family residence on Lot 1 and two single-family residences and a duplex on Lot 2. The duplex consisted of two attached accessory dwelling units which were required as affordable housing mitigation for the subdivision's three, free market single-family residences. An administrative growth management quota system v approval was granted by the Community Development Department for the develop- ment of the three single-family residences as provided for in Section 26.470.060.2. of the Regulations. The duplex on Lot 2 containing the required accessory dwelling units was completed in July of 2008. The two units have been deed restricted and sold in accordance with the Aspen/Pitkin County Housing Authority' s guidelines and are both presently occupied by their owners. The two single-family residences on Lot 2 are currently under construction and are expected to be completed this summer. A building permit has been issued for the single-family residence on Lot 1. Micropiles have been installed for soil stabilization purposes, and excavation of the basement was nearly completion prior to the Applicant's decision to delay construction on the subdivision's remaining single-family residence. The Boomerang Lot Split Subdivision's vested rights status expires on April 28,2009, or three years from the Community Develop- ment Department's issuance of the Development Order for the project (see Exhibit 10). Vested Rights Exemption Pursuant to Section 26.308.010.B. of the Regulations, The City Council may by resolution at a public hearing approve an exemption of the expiration of vested rights for subdivisions composed of detached residential or duplex units. To obtain an exemption, an application for exemption must be submitted prior to the third anniver- sary of the effective date of the Development Order. In addition, the application must demonstrate compliance with the following criteria. 1. Those conditions applied to a project at the time of final approval that were to have been met as of the date of application for exemption have been complied with; and The applicable requirements of City Council Ordinance No. 6, Series of 2006 that were to have been met prior to the date of this application have been met. The required subdivision exemption plat and agreement were recorded in 2006. The requirements of the ordinance that were a prerequisite to issuance of building permits Ms. Jennifer Phelan March 16, 2009 Page 3 (e.g., payment of applicable impact, park development and school land dedication fees, etc.) for the two single-family residences and affordable housing duplex on Lot 2 were met as required. A determination of compliance with the City's residential design standards was made for these units prior to building permit issuance, and the units have been constructed consistent with their conditions of approval. A building permit has also been issued for the remaining single-family residence on Lot 1 and all requirements of the ordinance with respect thereto have also been met. The required public trail easement on Lot 2 is depicted on the Subdivision Exemption Plat. 2. Any public, or private improvements that were required to be installed by the applicant prior to construction of any dwelling unit have been installed. The only public improvement that was required to be installed by the Applicant is curb and gutter along the property' s West Hopkins Avenue frontage. Based on my conversation with Brian Flynn of the City's Parks Department, the decision has apparently been made to forego installation of curb and gutter in this location. A similar decision was also apparently made in connection with the development of the adjacent Little Ajax affordable housing complex. Instead, a landscaped buffer with street trees and a shallow drainage swale has been installed by the City between the West Hopkins Avenue Trail and the edge of the existing street pavement. The Applicant, however, will install curb and gutter prior to issuance of certificates of occupancy for the two single-family residences on Lot 2 in the event required. As discussed above, a building permit has been issued for the single-family residence on Lot 1. All associated fees have been paid and development of the lot commenced prior to the Applicant's decision to delay construction in light of the current economic climate. Given the substantial costs involved in obtaining the building permit for Lot 1 (e. g., architectural fees, building permit fees, impact fees, etc.), and the fact that the Applicant commenced construction in reliance thereon, a reasonable argument can be made that the development rights for Lot 1 are common law vested subject to the conditions of the prior subdivision approval and the recorded Subdivision Exemption Agreement. Such vesting is further substantiated by the fact that all applicable conditions which were required to be met prior to building permit issuance have been met including the construction of the required affordable housing units. As a result, there would appear to be no reasonable basis for not exempting Lot 1 from the expiration of the statutory vested rights granted pursuant to Ordinance No. 6. Ms. Jennifer Phelan March 16, 2009 Page 4 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANI~SSOCIA , LLC pnn~rnn, AICP Sv:cÂ¢v Attachments CC: Leonard M. Oates, Esq. John Provine d:\olde\bus\city.app\app54109.exe . EXHIBIT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Enin Evans, 429-2745 DATE: 03.11.2009 PROJECT: 501 West Hopkins - Vested Rights Exemption REPRESENTATIVE: Sunny Vann Tel: 925-6958 vannassociates@comcast.net DESCRIPTION The Applicant would like to request an exemption of expiration of vested rights for Lot 1 of the Boomerang Lot Split. The project consists of mixed affordable housing and free market residential structures. Lot 2 has already been developed with two free market units and two affordable housing units. Lot 1 has yet to be developed. The conditions of approval for the project have been recorded on the Boomerang Lot Split Exemption Plat as per Ordinance No. 6, Series of 2006. The dimensional requirements, growth management mitigation requirements, and residential design standards are outlined in the land use code. The only items pertinent to Lot 1 that are not included in the code requirements pertain to landscaping, the driveway and curb and gutter requirements. To request an exemption from the expiration of vested rights, the applicant must submit an application to the City Council at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review Procedures 26.308.010 Vested Property Rights http://www.aspenpitkin.com/depts/38/citvcode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - City Council Planning Fees: $1470 Deposit for 6 hours of Staff time + $212 Engineering Minor Review (additional planning hours over deposit amount are billed at a rate of $235/hour). Total Deposit: $1682 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application conference summary. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the ownefs right to apply for the Development Application. 8. 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. 9. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11. Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. 13. 11 Copies of the complete application packet and maps. 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 Ame -and Title Association Owner's Policy (10-17-92)- C, EZ] Issued By Attoi-neys Title Insurance Agency of Aspen, LLC Attorneys (Members Name) 715 West Main Street, Suite 305 Title Guaranty (Address) Aspen, Colorado 81611 Fund, Inc. (970) 925-7328 (Telephone) The Colorado Lawyers' Organization for Title Insurance OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CON-TAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Attorneys Title Guaranty Fund, Inc., a Colorado corpo- ration, herein called the Company, insures, as Date of Policy shown in Schedule A, against loss or damage, not exceed- ing the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason 01: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; ! 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expense incurred in defense of the title, as insured, but only i to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this Policy to be signed and sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company all in accordance with its By-Laws. ATTEST: ..oe-# ATTORNEYS TITLE GUARANTY FUND, INC. BY ae- C ~-~ 6.La 0 i Judith A. Hart, Assistant Secretary .4/1/4~,B/~IL- Christopher J. Condie, President ! This~~.~c~~nd B and be duly validated by this signature: Authorized Officer or Agene l 0~ 581332 -- OWNER'S POLICY SCHEDULE A Order No: PC07002542 Policy No.: 01'581332 Issued with Policy No.: MIN 109231 Amount of Insurance. $9,250,000.00 Premium: $7,178.75 Date of Policy: October 31, 2007,3:22pm 1. Name of Insured: 501 W. Hopkins, LLC, -a Colorado limited liability company 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: 501 W. Hopkins, LLC, a Colorado limited liability company 4. The land referred to in this policy is described as follows: Lots 1 and 2 Boomerang Lot Split Subdivision Exemption Plat accordng to the Plat thereof recorded June 16, 2006 in Plat Book 79 at Page 70 as Reception No. 515370, Pitkin County, Colorado. Attorneys Title Insurance Agency o f Aspen, LLC By -L. 469 4-ED Apfflorized Officer or Agent \ Blember Number 2622 Attorneys Title Guaranty Fund, Inc. This policy is invalid unless tile cover sheet, Page [ Schedule A and Schedule B are attached. OWNER'S POLICY SCHEDULE B Date of Policy: October 31,2007 Policy No. OP581332 Order No: I'C07002542 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason ofi 1. Rights or claims of parties in possession not shown by the public records. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by tile public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, impobed by law and not shown by tlie public records. 5. Taxes for the year 2007 and subsequent years. Taxes not yet due or payable. 6. Deed of Trust dated October 30,2007 from 501 W Hopkins, LLC, a Colorado Limited Liability Company to the Public Trustee o f Pitkin County for the use of Alpine Bank, A Colorado Banking Company to secure the sum of 57,400,000.00 recorded October 31, 2007 as Reception No. 543705. 7. Terms, conditions, obligations and provisions as contained in Deeds recorded June 28,1886 iii Book 41 at Page 18. July 26.1888 in Book 59 at Page 476, July 26,1888 in Book 59 at Page 586, and April 4,1892 iii Book 79 at Page 43. 8. Terms, conditions, obligations and provisions as contained in Deed Restriction recorded September 7, 1999 as Reception No. 435272. 9. Terms, conditions, obligations and provisions as contained in Easement recorded April 18,2003 as Reception No. 481651. 10. Any rights, easements, interests or claims which inay exist by reason of or reflected by the followiug facts shown on the survey dated July 10,1998, by Aspen Survey Engineers recorded in Plat Book 51 at Page 28. 11. Any rights, easements, interests or claims which may exist by reason of or reflected by the following facts shown on the survey dated December 18,2000, by Aspen Survey Engineers recorded in Plat Book 65 at Page 45. 12. Easements. rights of way and other matters as set forth on the Plat of Boomeralig P.U.D., Block 32, City of Aspen, Colorado recorded Plat Book 65 at Page 37. 13. Terms, conditions, obligations and provisions as contained in PUD Agreement for the Boomerang Lodge Extension Project recorded May 14, 2003 as Reception No. 482688. Attorneys Title Guaranty Fund, Inc. Page 1 Policy No.. 01'58!332 14. Terms, conditions, obligations and provisions as contained in Ordinance No. 6, Series of 2006 recorded June 16,2005 as Reception No. 525368. 15. Terms, conditions, obligations and provisions as contained in Subdivision Exemption Agreement for Boomerang Lot Split recorded Junc 16,2006 as Reception No. 525369. 16. Easements, rights of way and other matters as set forth on the Plat of Boomerang Lot Split Subdivision Exemption Plat recorded Pla{ Book 79 at Page 70. Attorneys Title Guaranty Fund, Inc. 1)ng ENDORSEMENT Attached to Policy No. OP581332 Issued by ATTORNEYS TITLE GUARANTY FUND, INC. COLORADO FORM 130 Provided there is situated on the land described under Schedule A of the Policy a single family residence, the Policy is hereby amended as followsÂ· Notwithstanding anything therein to the contrary, the Policy insures against loss or damage by reason of the following: 1. Any unfilled lien for labor or material furnished for improvements on the land (except for any such ben arising out of construction contract for or assumed by the Insured), provided construction of all improvements are completed at Date of Policy. 2. Rights or claims of parties in possession of the principal dwelling. 3. The enforced removal of the principal dwelling on account of: (a) any encroachment of said principal dwelling onto adjoining lands or onto any easement shown as an exception in Schedule B or onto any unrecorded subsurface easement, (b) any violation of building setback lines or covenants, conditions or restrictions referred to in Schedule B of the Policy, (c) any violation of any zoning ordinance if the land is used only for a single family residence. The term "principal dwelling" means any single family residential structure on the land whether detached or not. If the principal dwelling is a condominium unit it refers to the space within the boundaries of the unit. Additional improvements and areas such as outbuildings, detached garages, fences, driveways, retaining walls, plants and common areas are not included within this definition. The term "zoning ordinanceÂ» does not include building codes, occupancy regulations and subdivision laws. This endorsement is made a pan of said policy and is subject to all the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it nejther modifies any of the terms and provisions of this Policy and any prior Endorsements, nor does it extend the effective Date 01 Policy and any prior Endorsements, nor does it increase the face amount thereof. ATTORNEYS TITLE GUARANTY FUND, INC. Dated: October 31, 2007 d .RED EXHIBIT March 11, 2009 Ms. Jennifer Phelan Community Development Department 130 South Galena Street Aspen, Colorado 81611 e Re: Permission to Represent Dear Ms. Phelan: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an exemp- tion from vested rights expiration for Lot 1 of the Boomerang Lot Split Subdivision. 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, 501 W. HOPKINS, LLC John Provine, Managing Member P.O. Box 8769 Aspen, Co 81612 (970) 948-0813 d:\oldc\bus\city.ltr\ltr54109.jpl EXHIBIT LAND USE APPLICATION APPLICANT: Name: (2GN Â»j. 4a=~fILK.,a-Â£:L Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2736 -/24-4:4 -2*5/ REPRESENTATIVE: Name: \14114 4-,-eL/Â«reL Address: â‚¬36 61'yr +ArÂ·Mt/A Ave . med .60 a U / Phone #: ggi-4958 , PROJECT: Nanle: 63[ 1, pxÂ»-lewÂ·*1 mre-U 7- â‚¬brbr>,V,ircd Address: Phone #: 9425 -earz TYPE OF APPLICATION: (please check all that apply): Ed Conditional Use U Conceptual PUD [3 Conceptual Historic Devt. ~1 Special Review E Final PUD (& PUD Amendment) ~ Final Historic Development El Design Review Appeal U Conceptual SPA U Minor Historic Devt. El GMQS Allotment [3 Final SPA (& SPA Amendment) El Historic Demolition ~ GMQS Exemption ~ Subdivision E Historic Designation U ESA -8040 Greenline, Stream O Subdivision Exemption (includes LJ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split U Temporary Use [El Other: V647210 Lot Line Adjustment [3 Text/Map Amendment Ale,#ta ake-1 P-7741 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 425 2rrt,Â«rol PROPOSAL: (description of proposed buildings, uses, modifications, etc.) tee 4,Â¥tdfArga Havejou attached the following? FEES DUE: $ [2' Pre-Application Conference Summary [2'Attachment #1, Signed Fee Agreement HM U Response to Attachment #3, Dimensional Requirements Form [2FResponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards UU . 1 6 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT[ Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) 2*>' Â»l . 4Â©awk: ac (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an al)Dlication for vager> rv*,irre ee-4,Â°rA./ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Â»**fi 50Â§>1'Ne Chris Bendon >rwp-4-J *.0- Community Development Director Dat. 2,11 f.<7 Billing Address and Telephone Number: Required rÂ» xtaLEla â€¢3Â¢=reA Â»6 2/ 417- g:\support\forms\agrpayas. doe 0229-09/s 11/30/04 tabbler EXHIBIT Easy PeelÂ® Labels A Bend along line to Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up Edgeâ„¢ , 1 430 WEST HOPKINS CONDO ASSOC 501 W HOPKINS LLC 501 WEST MAIN LLC COMMON AREA PO BOX 8769 532 E HOPKINS AVE 432 W HOPKINS AVE ASPEN, CO 81612 ASPEN, CO 0 ASPEN, CO 81611 ALPINE BANK ALPINE BANK ALEXANDER JOAN P ATTN ERIC GARDEY ATTN JEAN MOORE 739 25 RD PO BOX 10000 600 E HOPKINS AVE GRAND JUNCTION, CO 81505 GLENWOOD SPRINGS, CO 81602 ASPEN, CO 81611 AMAYA JOSE ANTONIO ANGELOV DIMTAR S & DANIEL D ASPEN FSP ABR LLC ARGUETA BLANCA EDITH 605 W HOPKINS AVE #209 11921 FREEDOM 0R #950 605 W HOPKINS AVE #103 ASPEN, CO 81611 RESTON, VA 20190 ASPEN, CO 81611 BARTON META PACKARD BRIDGE WILLIAM & JOSEFINA BROOKS NORMAN A & LESLEE S 4475 N OCEAN BLVD APT 43A 2075 SHERWOOD DR 16311 VENTURA BLVD #690 DELRAY BEACH, FL 33483 CAMBRIA, CA 93428 ENCINO, CA 91436 CARROLL MEREDITH COHEN CHRISTIANA UNIT D101 LLC CARTER RICHARD P CARROLL ARTHUR RICHARD C/O FRANKLIN ST PARTNERS LLC 400 E 3RD AVE #804 605 W HOPKINS AVE #210 215 ZOE WY DENVER, CO 80202 ASPEN, CO 81611 MIAMI, FL 33140 CITY OF ASPEN CHUCHMAN GEORGE S CORTALE ITA ATTN FINANCE DEPT PO BOX 2800-355 205 S MILL ST #112 130 S GALENA ST CAREFREE, AZ 85377 ASPEN, CO 81611 ASPEN, CO 81611 EMERICK SHELLEY W ERICKSON A RONALD FARR CHARLOTTE 2449 5TH ST 605 W HOPKINS AVE #211 306 MCCORMICK AVE BOULDER, CO 80304 ASPEN, CO 81611 CAPITOLA, CA 95010 FINE FREDRIC N & SONDRA FRANSEN ERIN M & GREGORY H GOLDENBERG STEPHEN R & CHERYL J 412 MARINER DR PO BOX 5082 430 W HOPKINS AVE JUPITER, FL 33477 GILLETTE, WY 0 ASPEN, CO 81611 GOLDMAN DIANNE L H & H PROPERTIES LLLP HAYMAN JULES ALAN PO BOX 518 807 W MORSE BLVD STE 101 9238 POTOMAC SCHOOL DR FAIRFIELD, CT 6824 WINTER PARK, FL 0 POTOMAC, MD 20854 JEWISH RESOURCE CENTER CHABAD JOHNSTON FAMILY TRUST , Â· KELLY KIM OF ASPEN 2018 PHALAROPE 605 W HOPKINS AVE #202 PO BOX 12099 COSTA MESA, CA 92626 ' ASPEN, CO 81611 ASPEN, CO 81612 Easy PeelÂ® Labels A Bend along line to Use AveryÂ® Template 5160Â® Feed Paper expose Pop-Up Edgeâ„¢ ~ AVERYÂ® 5160Â® 9 A KONIG DEBORAH KURKULIS PATSY & PAUL R LAMB JENNIFER C & TIMOTHY E HANSON KIM 605 W HOPKINS AVE #201 605 W HOPKINS AVE #204 605 W HOPKINS AVE #203 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 LOT 2 BOOMERANG LOT SPLIT LESTER JAMES LITTLE AJAX CONDOMINIUM ASSOC PLANNED COM OWNERS ASSOC 229 CHRYSTIE ST #1417 605 W HOPKINS #006 533 E HOPKINS AVE 3RD FL NEW YORK, NY 10002 ASPEN, CO 81611 ASPEN, CO 81611 MADSEN MARTHA W MARSHALL ALISON J & JOSHUA W MOLLER DIANE T 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE #212 4032 CRYSTAL BRIDGE DR ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 NELSON TREVOR T & ROSE MARIE NIX ROBERT F OHARROW SIOBHAN P 605 W HOPKINS #207 323 VINE ST 605 W HOPKINS AVE #208 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V ROLAND DANIEL P & LEAH S SCHALL FAMILY TRUST 8/31/1998 PO BOX 11071 605 W HOPKINS AVE #102 18518 ST MORITZ DR ASPEN, CO 81612 ASPEN, CO 81611 TARZANA, CA 91356 SCOTT BUILDING CONDO ASSOC SCOTT MARY HUGH ' SHADOW MTN CORP COMMON AREA RUSSELL SCOTT 111 & CO LLC C/O FINSER CORP 400 W HOPKINS AVE 5420 S QUEBEC ST #200 7321 N.W. 75TH STREET ASPEN, CO 81611 GREENWOOD VILLAGE, CO 80111 MEDLEY, FL 33166 SHERWIN ENTERPRISES LLC STASPEN LLP SMITH ANDREW C & DONNA G C/O JENNIFER SHERWIN C/O JOHN STATON 3622 SPRINGBROOK ST 1714 VISTA ST 1180 PEACHTREE ST NE DALLAS, TX 75205 DURHAM, NC 27701 ATLANTA, GA 0 TOMS CONDO LLC SUBOTKY JULIE E TODD SHANE C/O BRANDT FEIGENBAUM PC 55 WEST 14TH ST #15L PO BOX 2654 132 MIDLAND AVE #4 NEW YORK, NY 10011 ASPEN, CO 81612 BASALT, CO 81621 WASHBURN LYNN S VANDERSCHUIT FAM TRUST VERNER DANIEL A & MERYLE TERRELL SERENE-MARIE 5836 WAVERLY AVE 2577 NW 59TH ST 605 W HOPKINS AVE #205 LA JOLIA, CA 92037 BOCA RATON, FL 33496 ASPEN, CO 0 WENDT ROBERT E 11 WERLIN LAURA B TRUST WHITNEY KURT A & JACQUELINE 350 MT HOLYOKE AVE 2279 PINE ST PO BOX 5950 PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 SNOWMASS VILLAGE, CO 0 ttiquettes faciles A peler Repliez & la hachure afin de www.avery.com i Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement ravaler le rebord Pop-Upâ„¢ 1-800-GO-AVERY 1 Easy PeelÂ® Labels A I Bend along line to Use AveryÂ® Template 5160Â® eed Paper expose Pop-Up Edgeâ„¢ ~ AVERYÂ® 5160Â® I A YLP WEST LLC YOUNG PAUL 111 FAMILY TRUST 7 SOUTH MAIN ST 413 W HOPKINS AVE YARDLEY, PA 19067 ASPEN, CO 0 Â» ttiquettes facile & peter Repliez & la hachure afin de www.avery.com 1 Sens de Utilisez le gabarit AVERYÂ® 5160Â® charaement ravaler le rebord Popupâ„¢ 1-800-GO-AVERY 1 EXHIBIT 111111111111-lilli-1- -1111111-11 Page: 1 of 7 5252*8 1,-71 06/16/2006 03Â·55 JACCE K VOS CHU_1LL PITKII' _31.-BFY CO R 35.00 D 0.00 ORDINANCE NO. 6 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING THE "BOOMERANG VACANT PARCEL" TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT AND APPROVING A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-66-001 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, requesting to rezone the "Boomerang Vacant Parcel" located on the south side of W. Hopkins Avenue, containing portions of Lots A-I, Block 32, City and Townsite of Aspen from the R-15 (Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay to the R-6 (Medium-Density Residential) Zone District and requesting approval of a Lot Split to divide the 19,737 square foot property into a parcel of approximately 12,237 square feet and a parcel of approximately 7,500 square feet; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval with condition of the proposed rezoning and lot split application; and, WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered the development proposal during a duly noticed public hearing opened on January 17, 2006, and continued to January 24, 2006. The Planning and Zoning Commission approved Resolution No. 3, Series of 2006, by a five to one (5-1) vote, recommending that City Council rezone the subject property to the R-6 Zone District, and recommending that City Council approve the requested lot split with conditions, under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. 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 Land Use Section 26.310, Amendments to the Land Use Code and Ojlicial Zone District Map, the City Council hereby rezones the "Boomerang Vacant Parcel" containing portions of Lots A-I, Block 32, City and Townsite of Aspen, from the R-15 (Moderate-Density Residential) Zone District with PUD and Lodge Preservation Overlays to the R-6 (Medium-Density Residential) Zone District. Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 1 lili 11111 liu li Ulll il l illi lilli lilli 06/16/2006 03:55 525368 Page: 2 of 7 JANICE K VOS CAUD-LL P.TK.& COLATY CO R 36.00 0 0.00 Section 2: Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(A)(2), Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the "Boomerang Vacant Parcel" into Lot 1 of approximately 7,500 square feet and Lot 2 of approximately 12,237 square feet for the construction of a total of three (3) detached dwelling units, with the conditions contained herein. Lot 1 is limited to one (1) single family residence and Lot 2 is limited to two (2) detached free market residences, plus two ADU/CH units attached to one-another. All dimensions including allowable floor area and the manner in which ADU/Carriage Houses are calculated, shall be as specified in the Aspen Land Use Code, as may be amended from time to time. Section 3: Subdivision Exemption Plat The Applicant shall submit and record a subdivision exemption plat that meets the terms of Land Use Code Section 26.480 in the office of the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. The Lot Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2, housing type and density per lot, and show all easements of record. The plat may also include a note indicating that the land area contained within the trail easement shall not be excluded from the calculation of Lot Area. Section 4: Subdivision Exemption Agreement The Applicant shall submit and record a subdivision exemption agreement that meets the terms o f Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. Section 5: Building Permit Application The building permit application for each of the residential units shall include the following: 1. A copy ofthe final Ordinance and P&Z Resolution. 2. The conditions of approval printed on the cover page of the building permit set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District. 4. 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. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. Additionally, a right-of-way landscaping plan shall be provided as part of the building permit application identifying that any trees removed from the right-of-way will have to be relocated. Any disruption or damage to the right-of-way irrigation system during construction shall also be repaired to the satisfaction of the Parks Department. Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 2 06/16/2006 03:52 525368 Page: 3 of 7 JANICE K VOS #.UD:LL PITI<-~ CCArY CO R 36.00 D 0 00 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. 6. A construction management plan pursuant to the requirements of the Community Development Department. The construction management plan shall include a plan for protecting the Midland and W. Hopkins Avenue Trails during construction. This plan shall be reviewed and approved by the Parks Department prior to building permit issuance. 7. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. Section 6: Growth Management Allotments The Applicant shall obtain Administrative Growth Management approval and provide affordable housing mitigation by developing one (1) "for sale" accessory dwelling unit or carriage house per lot, as contained within the Applicant's proposal. The ADU/Carriage House unit mitigating the Lot 1 development shall contain between 750 and 1200 square feet of net livable area and be located on Lot 2; the ADU/Carriage House mitigating the Lot 2 development shall contain between 750 and 1200 square feet of net livable area and be located on Lot 2. This mitigation will be acceptable mitigation for each of the residential dwelling units to be constructed on Lots 1 and 2 of the lot split pursuant to Land Use Code Section 26.470.040(B)(1), Administrative Growth Management Review: Detached single-family or duplex dwelling units, as amended from time to time. Section 7: Use and Dimensional Requirements The lots created by the lot split shalI be subject to the use and dimensional requirements of the Medium-Density Residential (R-6) Zone District and as specified in Section 2 of this ordinance. The free market residential dwelling units to be developed on Lot 2 shall be constructed as two (2) detached dwelling units rather than in a duplex configuration; the "for sale" ADU/Carriage House units shall be developed in a duplex configuration. Section 8: Design Standards All residential dwelling units (free market and affordable) to be constructed on Lots 1 and 2 shall meet the residential design standards in place at the time ofbuilding permit, unless any variance(s) is duly obtained. In addition, the ADU/Carriage House units on Lot 2 shall also meet the ADU Design Standards contained in Section 26.520.050 of the Code, unless any variance(s) is duly obtained or where a stricter standard is specified within this ordinance. Section 9: Vehicular Access Vehicular access to Lot 1 shall be taken from the South Fourth Street stub located directly to the east of the property. There shall not be any vegetation taller than 30 inches Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 3 1 --ME -111--- 2-i IiII~ --___-Ilim 06/16/2006 03:55 525-38 Page. 4 of 7 JANICE K VO: CAL_ ILL PITKI~ COUhTY 0- R 36.00 D 0 00 from existing grade planted within the area fifteen (15) feet south or north of the driveway to be accessed from 4th Street, at the property line or in the public right-of-way to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The Applicant shall also relocate the existing Midland Trail sign to the south side of the driveway and attach a new sign on the backside of the Midland Trail sign indicating the presence of the driveways crossing the trail to trail users. Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut. The residential units on Lot 2 shall share a single driveway and the curb cut shall be designed and constructed such that it will not provide a net loss in on-street parking in the W. Hopkins Avenue Right-of-Way (it may be necessary to reconstruct and realign a portion of the existing sidewalk/trail to ensure no net loss of on-street parking). The driveway access shall meet the City Engineering Department's standards for drive ramps. The driveway entrance points shall be in substantially the same location as they arc shown in the addendum to the application. Section 10: Curb and Gutter The Applicant shall construct curb, and gutter along the West Hopkins Avenue frontage of the property being divided prior to issuance of a certificate o f occupancy for any of the units in the project. The timing of this installation may be changed if approved by the City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the Applicant shall repair the trail to the condition it was in prior to construction while allowing for the potential for modest realignment. The radii of the curb cut shall be the minimal that functions for the purpose of a driveway. The applicants shall gain approval from the Community Development Engineer to determine an appropriate sizing. Section 11: Trail Easement The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen along the western side property line of Lot 2 and on the westernmost 90 feet of ILt 2, running directly adjacent to the southern property line. A slightly wider easement shall be granted at the southwest corner of Lot 2 to allow for a moderate turning radius on the trail. The exact location of this easement shall be approved by the Parks Department prior to recordation of the final subdivision exemption plat. This easement shall be shown on the subdivision exemption plat and shall be described in the subdivision exemption agreement. The easement shall not affect allowable FAR, density, setback requirements, or other dimensional requirements. Section 12: Landscaping The Applicant shall install a tree root barrier on the trees that are to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: Ordinance No. 6, Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 4 521 -,8 06/16/2006 03.52 Pag.: 5 of 7 JANICE K VOS - -_.LL PITk.N COL,TY 0- R 36.00 0 0.00 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 drip line. Section 13: Soil Subsidence and Rock Fall Hazards The Applicant shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is suitable to handle the proposed development. The Applicant shall also submit a report from a qualified, licensed engineer demonstrating that rock fall from the slope above the proposed development will be sufficiently mitigated to prevent rock fall hazards. This report shall be submitted for review by the Community Development Department prior to the issuance of full structural building permits. Section 14: Fire Mitigation The Applicant shall install a fire sprinkler system that meets the requirements of the Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of charcoal grills shall be prohibited in this development because of fire danger concerns. This prohibition shall be included in the Subdivision Exemption Agreement for the development. Section 15: Aspen Consolidated Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. Section 16: Impact. Park Development and School Land Dedication Fees Park Development Impact Fees shall be assessed on each residential unit constructed on Lots 1 and 2 at the time of building pennit issuance. The park development impact fees shall be calculated by the City Zoning Officer at the time of building permit issuance using the fee schedule in place at said time. School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code Section 26.630, School Lands Dedication, and a proportionate amount of all applicable impact fees shall be due at the time of building permit issuance for each residence within the lot split. Other Impact Fees, as applicable, shall be due at the time of building permit application submittal. Section 17: Exterior Lighting All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 18: Previous Approvals Upon recordation of the subdivision exemption plat, the previous approvals including PUD, Subdivision and any others associated with the subject property will become Ordinance No. 6. Series of 2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 5 ilill" ill'hinudill 11& FliUiliHiloillilli Page: 6 of , 525361 06/16/2006 03.55 JANICE K VOS CAUDI_L PIT IN COUNTY CO R 36.00 D 0.00 vacated, null and void for good cause found, and the provisions of this approval will be in place. Section 19: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public ofthe approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Portions of Lots A-I, Block 32, City and Townsite of Aspen, by Ordinance No. 6, Sedes of2006, ofthe Aspen City Council. Section 20: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 21: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 23: A public hearing on the ordinance shall be held on the 27th day of March, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice ofthe same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. 6, Series of2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 6 52536 111111111111111111 H 1 1 1 n 111 Ill 1111 Page: 7 of 7 06/16/2006 03:52 JANICE K VOS Câ€žUDILL PITK) _)61,TY CO R 36.00 D 0.00 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City ofAspen on the 13th day of February ~~.~0~ i~enfiMFi3I~e~ayor ATTEST: ~0203 064_ Kathryn S. ~ch, City Clerk FINALLY, adopted, passed and approved this 10th day of April, 2006. lenKa'de%4Mayor ATTEST: kit~6 ~) 1~ *AL kathryn S. ]~~*Ftity Clerk APPROVED AS TO FORM: /gul hfuL C~~-JDh:Il~. Worcester, City Attorney Ordinance No. 6, Series of2006 "Boomerang Vacant Parcel" Lot Split and Rezoning, Page 7 Jun 18 06 10:2la 1 -'ace 19---270819 EXHIBIT SUBDIVISION EXEMPTION AGREEMENT - FOR THE BOOMERANG LOT SPLIT THIS SUBDIVISION EXEMPT[ON AGREEMENT (this "Agreemenf') is made this / 6 day of -31-u , 2006, between ASPEN FSP-ABR, LLC, a Delaware Limited Liability Company (the "Owner") and THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, Owner owns that certain real property (the 'Property") located on the south side of West Hopkins Avenue between South Fourth Street and South Fifth Street (Parcel Identification Number 2735-124-49-002) in the City of Aspen, County of Pitkin, State of Colorado, described as: That part of Lots A, B, and C lying northerly of Line 7-8 of the City and Townsite of Aspen (According to the 1978 Resurvey by the Bureau of Land Management), except the southerly 20 feet thereof and the north 80 feet ofLots D, E, and H the north 80 'feet of Lot F, the north 75 feet ofLot G, the north 50 feet of Lot L Block 32, City and Townsite of Aspen, and as modified by the addition of the north 85 feet of Lots D and E, and the north 80 feet of Lot G,-Bloele-32rGilyand-Townsite-of-Aspen-through quit claim deed executed on August 14, 2000, and recorded with the office of the Pitkin County Clerk and Recorder as Reception Number 446337; ant WHEREAS, Owner applied to the City ofAspen for approval of a rezoning from R- 15/U?/PUD (Moderate Density Residential with Planned Unit Development and - Lodge Preservation Overlays) to R-6 (Medium-Density Residential); a subdivision exemption for alot split to create Lot 1 of the Boomerang Lot Split with an area of approximately 7,500 square feet and Lot 2 of the Boomerang Lot Split with an area of approximately 12,237 square feet; and, associated growth management approvals (collectively, the "Projecf,); and, ' WHEREAS, on January 24,2006, the City of Aspen Planning and Zoning Commission ('7&Z") approved Resolution Number 3, Series o f 2006 (the Â£'Resolution") recommending that City Council rezone the vacant "Boomerang Parcel" to the R-6 (Medium-Density Residential) zone distict and-approve a lot split creating Lots 1 and 2 ofthe Boomerang Lot Split, City of Aspen, Pitkin Cozmty, Colorado; and, WIIEREAS, on April 10,2006, the City Council ofthe City ofAspen granted approval of a rezoning to R-6 and subdivision exemption for a lot split on the Property pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code; and, 11]lillilll lilli-11- 111-11 illlili 06/16/2006 .04:23 525369 Page: 1 of 11 JAN]ZE K Â£ DS CAUDILL PITKIN CCJP.TY CO R 56.00 D 0.00 Jun 18 06 10:22a wa' ace 1970--70819 P.19 Subdivision Exemption Agreement Boomerang Lot Split Page 2 of l ] WHEREAS, the approval ofthe Project was conditioned upon Owner complying - - with certain requirements outlined in Ordinance No. 6, Series of 2006 (the "Ordinance"), including entering into a Subdivision Exemption Agreement for the Property; and, WHEREAS, Owner has submitted to the City, for approval, execution and recordation, a plat for the Property (the "Plat") and the City agrees to approve, execute and record the Plat (Owner shall pay all applicable recordation fees) on the agreement of the Owner to the matters described herein; and, WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution, and acceptance of the Plat, which matters are necessary to protect, promote and enhance the public health, safely and welfare, and the Owner is - prepared to enter into a Subdivision Exemption Agreement incomorating such conditions and requirements. NOW, THEREFORE, in consideration ofthe mutual covenants contained herein, and the approval, execution, a:nd acceptance ofthe Plat for recordation by the City, it is agreed as follows: , 1. Acceptance of Plat Upon execution of this Agreement by all parties hereto, and upon approval of the final plat by the City -Engineer and the Community Development Director, the City agrees to appro-ve and execute the final plat for lot split subdivision exemption submitted herdwith, which confonns to the requirements of Chapter 26.480 and all other applicable requirements of the Aspen Land Use Code. Said Plat and this Agreement shall be recorded (Owner pays all applicable recordation fees) in the Office ofthe Pitkin County Clerk and Recorder within 180 days of April 10,2006 (the day the Ordinance was approved). 2. Plat Requirements. At a minimum, the Plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Clearly label the lot line separating Lot 1 from Lot 2, the housing type and density per lot and show all easements of record. c. Provide a four (4) foot wide public trail easement to the City of Aspen along the west and southwest property line of Lat 2. ' A slightly wider easement shall be - granted at the southwest corner of Lot 2 to allow for a moderate turning radius on the trail. The exact location of this easement shall be approved by ihe Parks Â· Department prior to recordation ofthe Plat The Plat may also include a note indicating that the area contained within the trail easement shall not be excluded from the land area used in calculation of Lot Area and, as such, shall not affect allowable FAR, density, setback requirements, or other dimensional requirements. d. Contain a plat note stating that, no further subdivision of the subject properties may be granted nor will additional units be built without receipt of applicable approvals pursuhnt to the provisions of the Land Use Code in effect at the time of appHcation. 1 ilill lill illf ill lilll lilm- lilill lillilll jill 06/16/2006 04:23 525369 Page: 2 of 11 JANICE K VOS CAUDILL PETKIN COUN-Y CO R 56.00 D 0.00 2 Jun 18 06 10:22a i ace 19--=270819 p.20 1- Subdiveion Exemption Agreement 525369 Boomerang Lot Split Page: 3 of 11 Page 3 of 11 1 1 I-11--Allil--* lill jilll F-- li--Ill~ 111 06/16/2006 04.23 JANICE K LOS CA-LILL PITKI, 2=-KTY L R 56.00 D 0.00 e. Contain a plat note stating that all new development on the subject lots will - conform to the dimensional requirements ofthe R-6 zone dislrict as may be amended from time to time. Notwithstanding the foregoing, an applicant for new development on the subject lots has the rights afforded under the Land Use Code to request variances from the dimensional requirements of the zone dislrict from an entity with the authority to hear and decide upon such requests. 3. Lot 1. Owner hereby agrees and acknowledges that development of Lot 1 remains subject to the terms, provisions, and conditions of approval enumerated in the Ordinance, to wit: a. Lot 1 shall have an area of approximately 7,500 square feet and its development is limited to one (1) single-family residence; b. Development on Lot 1 shall be subject to the use and dimensional. requirements of the Medium-Density Residential (R-6) Zone District, as may be amended from time to time. Notwithstanding the foregoing, an applicant for new development on Lot 1 has the rights afforded under the Land Use Code to request variances from the dimensional requirements of the zone district from an entity with the authobty to hear and decide upon such requests; c. The residential dwelling unit to be constnicted on Lot 1 shall comply with the City ofAspenResidential Design Standards in place at the time ofbuilding permit, unless any variance(s) is duly obtained; d. Vehicular access to Lot 1 shall be takg from the South Fourth Street stub located - directly to the east of the prdpefty. There shall not be any vegetation taller than thirty (30) inches from existing grade planted within the area fifteen (15) feet south or north of the driveway, at the property line or in the public right-of-way, in order to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. Owner shall also relocate the existhg Midland Trail sign to the south side of the driveway and attach a new sign on the backside of the relocated Midland Trail sign to indicate to trail users the presence of the driveway's crossing of the trail; and, e. Administrative growth management approval for development of Lot 1 shall require provision of affordable housing mitigation by development on Lot 2 of one (1) "for sale" Accessory Dwelling Unit (ADU) or Carriage House (CH) unit containing between seven-hundred fifty (750) and one-thousand two-hundred - (1,200) square feet ofnet livable area. Pursuant to Section 26.470.040(B)(11 Administrative Growth Management keyiew: Detached single-family oF duplex dwelling unit, of the Aspen Land Use Code, as maybe amended from time to time, the mitigation described herein shall be acceptable for the single-family Â· residence to be constructed on Lot 1 0 f the lot split 4. Lot 2. Owner hereby agrees and acknowledges that development of Lot 2 remains subj ect to the terms, provisions, and conditions of approval enumerated in the Ordinance, to wit: a. Lot 2 shall have an area of approximately 12,237 square feet and its development is limited to two (2) detached free-market residences (these units shall not be 3 Jun 18 06 10:23a w ace 197 270819 p.21 Subdivision Exemption AgTeement Boomerang Lot Split Page 4 ofll developed in duplex configuration), plus two (2) ADU/CH units attached to one- another (these units shall be developed in a duplex configuration); b. Development on Lot 2 shall be subject to the use and dimensional requirements of the Medium-Density Residential (R-6) Zone District, as may be amended from time to time. Notwithstanding the foregoing, an applicant for new development on Lot 2 has the rights afforded under the Land Use Code to request variances from the dimensional requirements of the zone district from an entity with the authority to hear and decide upon such requests; c. The residential dwelling units to be constructed on Lot 2 shall comply with the City ofAspen Residential Design Standards in place at the time ofbuilding permit, unless any variance(s) is duly obtained. In addition, the ADU/CH units on Lot 2 shall each contain between seven-hundred fifty (750) and one-thousand two-hundred (1,200) square feet ofnet livable area. The ADU/CH units on Lot 2 shall comply with the ADU Design Standards contained in Section 26.520.050 of the Code, unless any variance(s) is duly obtained; d. Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut. The residential units on Lot 2 shall share a single driveway andthe curb cut shall be designed and constructed such that it will not result in any net loss of on-street parking in the W. Hopking Avenue Right-of-Way (it may be necessary to reconstruct and realign a portion of the existing sidewalk/trail to ensure no net -loss of on street parking). The driveway access shall meet the City Engineering -r- Department's standards for drive ranips. The radii of the curb cut and returns shall be the minimum that ffinctions for the purpose of a ddveway; Owner shall gai:n approval from the Community Development Engineer to detennine the appropriate radii sizing; and e. One o f the two ADU/CH units on Lot 2 provides mitigation for the development f of Lot l, as described inparagraph 3.e., above. With regard to mitigation for the development of Lot 2, administrative growth management approval shall require development on Lot 2 of one (1) additional "for sale" ADU/CH unit containing between seven-hundred fifty (750) and one-thousand two-hundred (1,200) square feet ofnet livable area Pursuant to Section 26.470.040(B)(1),Administrative Growth Management Review: Detached single-family or duplex dwelling units, of tbe Aspen Land Use Code, as may be amended from time to time, the mitigation desclibed herein shall be acceptable for tile two (2) detached, free market single- - family residences to be constructed on Lot 2 of the lot split. 5. Unit Configurations. Lot 1 shall be developed with a detached-single- family dwelling unit with or without permitted accessory structures. The free market residences on Lot 2 shall be developed as two (2) detached single-family residences, with or without permitted accessory structures. The two (2) ADU/CH units on Lot 2 shall be developed in a duplex configuration, attached either side-by-side, over-under, or a combination ofthese. 1 .-11' llm '11111 16)1 jill .lill- ILL 111'11'll lili lili 06/16/2006 04:22 525369 Page: 4 of 11 JANICE K VOS CA DILL PITKIT COUNTY CO R 56.00 D 0.00 4 Ju~ 18 06 10:23a w--'ace 197~-270819 p.22 Subdivision Exemption Agreement 525369 Boomerdng Lot Split Page 5 of 11 1%11,111,11'MBI'limmilimlin Page: 5 of 11 06/16/2006 04:23 JANICE K VOS CAUDILL PI TKIN COUNTY Co R 56.00 D 0.00 6. Floor Area Calculation. Allowable Floor Area in the Project is dictated by the R-6 zone district regulations and Section 26.575.020(A), Calculations and t Measurements, ofthe Code, both as may be amended from time to time. a. As a 7,500 square foot lot in the R-6 Zone District, development of a detached single-family residence on Lot 1 is permitted up to 3,450 square feet of Floor 1 Area, as such is calculated and measured pursuant to Section 26.575.020(A) of the Code, as may be amended from time to time. Since the "for sale" ADU/CH unit mitigating the LotÂ· 1 development will not be located on the same parcel, Lot 1 is not entitled to a floor area bonus pursuant to Section 26.575.020(A)CD of the Code. By contrast since the "for sale" ADU/CH unit mitigating the Lot 1 development will be detached from the primary residence but located on Lot 2, it shall be excluded from the calculation of Floor Area, up to a maximum of 1,200 square feet. b. As a 12,237 square foot lot in the R-6 Zone District, development of two (2) detached, free-market residences on Lot 2 is pennitted up to 4,274 square feet of Floor Area, as such is calculated and measured pursuant to Section 26.575.020(A) of the Code, as may be amended from time to time. Since the "for sale"ADU/CH unit mitigating the Lot 2 development,will be detached from the primary - - residence and located on the same parcel as the units-it is mitigating: 1) it shall be excluded from the calculation of Floor Area, up to a maximum of 1,200 square feet, and 2) the free-market residential development on Lot 2 shall be entitled to an "Affordable Housing Floor Area Bonus" pursuant to Section 26.575.020(A)(7) of the Code. Accordingly, the- 4,274 square feet of allowable Floor Area on Ist 2 - shall be increased by an amount equal to fifty (50) percent of the Floor Area of the ADU/CH unit mitigaung the Lot 2- development, up to a maximum bonus of six-hundred (600) square feet. 7. Affordable Housing. Deed restrictions for the ADU/CH units developed on Lot 2 shall be in accordance with the provisions of Section 26.520.070, Deed Restrictions and Enforcement, of the Code, at the time ofbuilding permit issuance. 8. Building Permit Application. In addition to such requirements enumerated elsewhere herein and otherwise required by the City of Aspen Building Department, the building permit application for each of the residential units shall include - the following: a. A copy ofthe final Ordinance and P&Zlesolution; b. The conditions of approval, as contained in the Ordinance, printed on the cover page of the building permit set; c. A completed tap pennit for service with the Aspen Consolidated Sanitation District; d. A tree removal pennit 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. The tree removal permit application shall be accompa:nied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. Additionally, a right-of-way landscaping plan 5 Jun 18 06 10:24a w lace 19. 270819 p.23 Subdivision Exemption Agreement 525369 Boomerang Lot Split Page: 6 of 11 Page 6 of 1 J 1.lim Iliti nNI 111\ Iinitimimi wimul 111 06/16/2006 04:22 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 shall be provided as part of the building permit applicalion identifying that any - . trees removed from the right-of-way will have to be relocated. Any disruption or damage to the right-of-way irrigation system during conslruction shall also be repired to the satisfaction of the Parks Department; e. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. M a ground recharge systeih is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements; f A construction management plan pursuant to the requirements of the Community Development Department. The conslruction management plan shall include a plan for protecting the Midland and W. Hopkins Avenue Trails during construction. This plan shall be reviewed and approved by the Parks Department prior to building pennit issuance; and g. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. 9. Curb and Gutter. Owner shall construct curb and gutter along the West Hopking Avenue frontage of the Property prior to issuance of a certificate of occupancy for any of the units in the project The timing of this installation may be changed if approved by the City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the Applicant shall.repair the ~trail to the condition it was in prior to construction. See also paragraph 4.d.; above. 10. Subdivision. No further subdivision of the Property may occur without receipt of applicable and required approvals pursuant to Chapter 26.480 ofthe Aspen Land Use Code (hereinafter "Code") and growth management allocation pursuant to Chapter 26.470 of the Code, unless the Code is amended in a manner that otherwise allows for further subdivision. 11. Landscaping. Owner shall install a tree root barrier on the trees that are to be planted within ten ( 10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also install tree saving construction fences around the drip line of any trees to besaved subject ta the following provisions: - 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 drip line. 12. Environmental Hazards. Owner shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is suitable to handle the proposed development. Owner shall also submit a report from a qualified, licensed engineer demonstrating that.rock fall from the slope above the development will be sufficiently mitigated to pretent rock fall hazards. This report shall 6 Jum 18 06 10:25a w ace 197 270819 p.24 Subdivision Exemption Agreement 525369 Boomerang Lot Split Page 7 of ] 1 1 ililll Ilill lilill lill itilli illilli ilill ill illil ilit lill Page: 7 of 11 06/16/2006 04:22 JANICE K VCS CAUDILL PITKIN COUNTY CO R 56,00 D 0.00 be submitted for review by the Community Development Department prior to the - issuance of full structural building permits. 13. Fire Protection. Owner shall install a fire SpIinkler system that meets the requirements of the Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of charcoal grills shall be prohibited in this development because offire danger concerns. 14. Sewer Service. Owner shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof foundation, perimeter drains) td ACSD lines shall be allowed. 15. Impact Fees. Park Development Impact Fees shall be assessed on each residential unit constructed on Lots 1 and 2 at the time of building permit issuance. The park development impact fees shall be calculated by the City Zoning Officer at the time ~ of building penn:it issuance using the fee schedule in place at said time. In addition, School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use i Code Section 26.630, School Lands Deditation, and a proportionate amount of all applicable impact fees-shall be due at the time- of-building permit issuance- for Â·each-- residence. I 16. Exterior Lighting. All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land-Use Code Section 26.575.150, Outdoor lighting. 17. Dogs. There shall be no prohibition against any property owner, including owners of the affordable housing units, from owning/keeping a dog. 18. Colorado Common Interest Ownership Act (CCIOA). As soon as construction on Lot 2 practically allows, Owner anticipates submitting the Lot 2 development to a plan for condominiumization created pursuant to fhe Colorado Common Interest Ownership Act (CCIOA) in order to facilitate the separate conveyance of ownership in the two fiee market units and the two employee housing units. The City agrees to process for approval and for recordation a condominium map prepared in accordance with the Code and CCIOA. As th8 Owner will have provided affordable - housing pursuant to the Code, the Project is exempt from paying an AfFordable Housing Impact fee. This provision is not in conflict withthose provisions of the Ordinance or o f this Agreement restricting the property from further subdivision. 19. Previous Approvals Null and Void. Upon recordation of the Plat and this Agreement, the previous approvals including PUD, Subdivision and any others associated with the Property become vacated, null and void for good cause found, and the provisions of Ordinance No. 6 (Series of 2006) willbe inplace. 7 Jun 18 06 10:25a .lace 19--'0270819 p.25 Subdivision Exemption Agreement 525369 Boomerang Lot Split Page 8 of l] Page: 8 of 11 06/16/2006 04:22 JANICE K VOS CAUDILL PITKIN COLNTY CO R. 56.00 D 0.00 20. Vested Propertv Rights. The approved Ordinance, Plat and this Agreement - - i 2 collectively, constitute a site-specific development plan vested for a period of three (3) years from the date of development order issuance. 21. Financial Security for Public Improvements. In order to secure the performance of the construction and installation of improvements in the public right-of- way, including landscaping, the Owner shall provide the City with a financial security for ~ the proposed improvements. The financial security shall fake the form of a letter of credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City mior to the initiation of construction or the issuance of any building permits. Pursuant to this Agreement, the Owner shall provide a detailed cost estimate of the improvements for approval by the City. The amount of the required financial security shall be 110% of the estimated cost ofthe improvements. The guarantee documents shall i give the City the unconditional right, upon clear and unequivocal default by the Ownerin its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. If the improvemehts have not been completed to the satisfaction- of the City within one year of the cost estimite, theâ‚¬itymay require the Owner to adjust the amount ofthe financial security for local increases in construction costs. As portions of the improvements are Eompletei the City shall inspect them, and upon approval and acteptance, shall authorize the release ofthe agreed estimated costs for that portion ofthe improvements, except that ten percent (10%) of the estimated costs of the improvements shall be withheld for the benefit of the City until (i) all of the improvements have been inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (if required). Separate financial securities and maintenance bonds are required for civil R.O.W. improvements 0.e. pipelines, sidewalks, and curbs) and landscaping RO.W. improvements. - 22. Material Representations. All material representations made by the Owner on record, whether in public hearings on.in documentation presented before City Council or the P&Z, shall be binding upon the Owner. 23. Enforcement. In the event the City detennines that the OwnerÂ·is not in substantial compliance with the terms of this Agreement or of the Final Plat, the City may serve a notice of noncompliance and request that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owner believes that s/he is in compliance or that the noncompliance is insubstantial, the Owner may request a hearing before the City Council to determine whefher the alleged noncompliance exists or where any amendment variance, or extension of time to comply should be granted. On request, the 8 J~ 18 06 10:26a - ace 1 27081 P.2 Subdrvzszon Exemption A.greement Boomerang Lot Split 525369 Page 9 Of 1 I % Ilillililll1111 lilli.lilli lill.]Illill li illl Page: 9 of 11 05/16/2006 04: 21 - JANICE K VOS CAUD.LL PITKIN Colur-Y CO R 56.00 D 0.00 City shall conduct a hearing according to its standard procedures and take such action as - - it deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this Agreement 23. Notices. Notices to tbe parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if not sooner received, three (3) days after the date of themailing of the same. To the Owner: . Aspen FSP-ABR, LLC c/o Len Mongeon Fountain Square Properties, LLC 11921 Freedom Drive, Suite 950 Reston, VA 20190 To the City: City Attorney City ofAspen 130 South Galina Street ~ Aspen, â‚¬0 81611 1 24. Binding Effect. The provisions ofthis Agreement shall ron with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 25. Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed- 26. Severability. If any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. IN WITNESS WHEREOF, the parties,hereto have executed this Subdivision Exemption Agreement the day and year first written above. [remainder ofpage intdntidnally left blank] 9 Jub 18 06 10:268 ''ace 19 "270819 p.27 Subdivision Exemption Agreement Boomerang Lot *lit Page 10 ofl] 1 1 11111111111 -11111111 - Ilili 'l illi Ill Ill 525369 Page: 10 of 11 - 05/16/2006 04:22 JANICE K VOS CAUD_-LL PITKIN COLN-Y CO R 56.00 D 0.00 OWNER: ASPEN FSP-ABR, LLC, a Delaware limited liability company By: BROWN REALTY MANAGER, INC., a Delaware Corporation, its Maiwyer By::**+2 #I~1J (k),*b Name. -7-2/0.4, 4..tr, 4 Title: v'< c â‚¬ P.." 49.-yr By: FOUNTAIN SQUARE PROPERTIES, LLC, a V~gimi.~mi* li~bility company, its Manager Name: 1 23.40 1 9 F4343 UL Title: Mankger STATE OF p[*f~ L. Ab ) ) SS. Col.INTY OF ?34(77-â€¢Â£â€¢ 3 . - The foregoing was sworn and subscribed to before me this /9/ day of '54â€¢J G , 2006,by -:;53*Â·46 Bu'.7-â€¢ u , in bis capacity as #A, ~ ES,6â‚¬07- for Brown Realty Manager, Inc. Witness my hand and official seal. My commission expires I'l - 1 - 1.,0 , .%9 , Notary Public t = 2417 4 0,\ .4,1 V STATE OF \/1\WirAA ) 1-al 0/9,?,1,11"I" ..r094/ ) SS. .40 BALTN?.2 - I f~~\94 foregoing was sworn Eind subscribed to before me this 141h day of , 2006, by DAÂ¥161 W . raedÂ¢y , in his capacity as Min iger //imi/"M'/M/MeR'/M/08/%001/2817 Square Properties, LLC. ~ poâ‚¬t/Witness my hand and official seal. 9.*:",0 My commission expires \ hi \0% ~ 3**lic; AMLQLZ~ 10 J 18 06 10:263 1 ,Ce 11 -Â°70819 p.28 Subdivision Exemption Agreement Boomerang Lot Split Pagellof 11 ~ I I lilli Illit I lilll F- ili~ - li lli ll ill Page: 11 of 11 525369 - 06/16/2006 04:22 JANICE K VOS CAUDILL P.TKIN COUN-Y CO R 56.00 D 0.00 APPROVED: C-)~i (Af.t.d31 L--56}Yn *Forcester, City Attorney THE CITY OF ASPEN, COLORADO ATTEST: a municipal corporation - By:/~21Â£2,517/144 By:WL924/ 4 Kathryn Koch, City Clerk STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing was sworn and-subscrib&1 to before me this j 61-~ay of - 21/KL - , 2006, by Helen-Kalin Klanderud and.K#lgy*ockas Mayor and let respectively, of the City of Aspen, a Municipal 6393Mk6101 941 44 Witness my hand and official seaj. My commission expires 021'~ 1 -7-~280 7.- A- L.,7 /'-1-- -- ~~411-2,).-ILLÂ£.4.-..2 Public L/0 C:My Documents\City Applications\Boomerang\B-Tang Stunda\B-rang Stunda SEA .*zi: ., ~3.58-~44~1 0 f JACKIE t.0 U ~ i LOTHIA*' 11 .3 ,$41,1:10~:.... ....iuvivil' I .* EXHIBIT 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 development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, 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 this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen FSP-ABR, LLC c/o Steve R. Stunda. 602 N. Fourth Street. Aspen. CO 81611. 925-7604 Property Owner's Name, Mailing Address and telephone number Referred to as the "Boomerang Vacant Parcel". the property is described as portions of Lots A-F. Block 32, City and Townsite of Aspen. located on West Hopkins Avenue between 48 and 58 Avenues on the south side of Hopkins (no address assigned). Legal Description and Street Address of Subject Property A rezoning of the property from R-15 (Moderate Density Residential) with PUD and Lodgie Preservation Overlays) to R-6 (Medium Density Residential), and a lot split to create two separate residential lots to be developed in accordance with the provisions of Ordinance No. 06, Series of 2006. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen, City Council, Ordinance No. 06, Series of 2006 approved on April 10, 2006. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 28.2006 Effective Date of Development Order (Same as date of publication of notice of approval.) April 28,2009 Expiration Date of Development Order (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 19th day of April, 2006, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director EXHIBIT ~BOOMERANG LOT SPLIT SUBDIVI S 1ION EXEMP T )I ON P LA i 02 OWNER'S CERTIFICATE THAT PA~ f ~~TS;TYBA~DTI~JI ~I~RELWY ~1~T~ ~6(:I~J~ I~O~TY *'10 KNOW ALL MEN BY THESE PRESEHTS THAT ASPEN N--. LLC. A DELAWARE LIMITED A MANAGEMENT). EXCEPT THE SOUTHERLY 20 FEET THEREOF. AND THE WORTH 65 FEET oF TleT PART OF LOTS A. B AND C LYING NORTHERLY OF LINE 7-8 OF THE CITY AE LOTS D AND E. THE NORTH 80 FEET 01 LOTS F. G AND H. AND THE NORTH 50 FEET OF LOT ' ~~ ~ ~ ~ Tomt#ITE OF ASPEN (MXORDINS to THEE 197* RE*URVEY BY TIE BUREW OF LAIÂ® h TOmS i TE OF A$PEN (ACCORDI NG TO â„¢5 1 976 RESURVEY BY THE BUREAU OFF LAND LIABILITY COMPAMY. SE ING THIE RECORDED 0-ER OF Mim:Â¢ 3203;27,~at~63?T~*9&06 lOT - _ CONTAINING 0.453 ACRES â€¢/- . 20 40 CONTAINING 0.453 ACRES â€¢/ H El,E1~1071~.ri#M'117,~UNgpI'~HM'5-rrgfs:IkeN. pin<iN . EXECUTED THI'; 14* DAY OF ~3'Â¢14 ,--Â°C 7 a LINE BEARING DISTANCE L[ (2 14'50Â·49Â·8 5.00 STATE OF.~~d~-1 . L 2 (N 14'50'49-E) 5.00Â· a 5"6 4-r L 3 IN 7$009Â·It-WI 6.40Â· CALCULATED 2 a :I:28 Die:tit=26?16. 7 COUNTY OF RhILEM# 1 ' THE_FOREGO 1Â»3 OWNER -S CERTI F-1.CATE WAS ACKNOWLEDGED BEFORE 1Â·E â„¢18 11_ DAY OF 2Oi,St-ZooS.BY APPROXIMATE LOCATION OF: 6 3 69 100.4 REALTY JIANIBER.INC. A~AWS CORP~TION, 115 1*NA*R. af Wl TNE,S Prf HAND AND OFFICIAL SEAL- 9 7 11Â¥ crze>E3ZL-2.227' Ved We.,4/4*.90 c~,49,1 rr Devepeer Â¥EST LLMITED LMILITY COMPANY. ITS 1(ANGER. DR,ke ENGINNER B. T ./.11.-41*- -. 348 63*Â£,2- Trn; /'taÂ·-4 1. i~bâ€¢ HOPKINS OF FOUntAIN[ 30UARE PROPERTIES. LLC. A V,RGINIA LIMITED LIABILITY WIM. ITS MMU,GER. e (75.00. R.0... J AVENUE sTATE - *11'4 jrWA 1 cotÂ»try of ..&Ifi*Z; 1 ** '~~&/0~%~A I RED. '4 TH~d~ CER~Â£11~7;,9~~~,LEDGED BEFORE ME â„¢13 -131*DI~~aLâ€ž.,~ 10-2/Plifelliâ‚¬~,u.Â·CÂ·,44<444 6*/9//te 1-~k/Tyl/â€¢04,1Â¥ illl Rillly --ER.Â·Illt. **1~I#E *II-AV-. 113 MINACER. 4; Pd~kÂ· 1 U- 7**'0 '. i 1 --- NOTARY M)81-1 2 . 6 / -j--\.. MORTGAGEE S CERTIFICATE -- I /05 Q 4 75â€¢0*.4.- teÂ·*:5'%:PX*23 2*t?G &7%6ph?# 6"N~~#*E'U OCIATION 4.11%14-\ 1 . 1 E 270.009 CONIC. a IKE PATH SET RED 25947 m#/*arif.'W 6 =Z:21=CO~Wt :l.It'N COUNTY. COLORADO HEREBY CONSENTS TO THE .\ le l E.ECUTED THIS /%24 DAY OF ~UNE- 2004. 4% 1 0 . N 1 1 2 u:.Ett&2~92. A MArl:2 92j,WN**frt:% ,â€ž1466. ve , LOT 2 1 1 '41 1 -Â·00Â· 8 STATE OF COLORADO I . \,t.%2Â®1 ~ AREA: 12 237 SF Al- COUNTY OF PITK IN ) " 0.241 A*RES ./1 RED. 4303 0 # 4 2, Mm73 Mollrj:g-:,~cs,Itaf~m 9,,~ mis -126â€¢Â¥ 1: 1 q '013Â«. 8 LITTLE AJAI AFFORDABLE HOUSING \~ ~, , â€¢ws, ~~~ ~f ~ ~/ , AGE 1 409 25014 @F *ANK MIDIEST. K.A.. A NATIONAL BANKING AI~of;~~ le F â€¢ITIESS MY HAID AND OFFICLAL SEAL ~d~~ ~* , 7, ' 1- / 1 m COMIWFLEFIRES: 9-Se-*3*9 4Â·//ft E/56*/T 1.It & 1- ' . ZE N.# 1 ;.T-n 1 1 + 1 LOT I Floi Ill*,â€¢â€¢: AREA: 7.500 Sy â€¢/ 04 TITLE CERTIFICATE IÂ¥2'464~'f 0EigiNii;NFENRAilii;%TE"of N.r 1 / / 0.172 ACRES â€¢/- pÂ·Â·Â·Â·Â·.-A- fe 1 1 7-0.-iA#-4 IRi;3;liMit ia:RBitzI; miIf~&~ Th. 1,/4, af *,t-1 6/ Au. P}/1 //* i.1,1-1 i. th. '.... ...1 mdi,w,-FF--44 or,11.4.....4 **fit. tioo. Iii th. t..6. 2,4 2.dtti.. 4 ih. UTLE TO THE *ITHIN DESÂ¢818ED REAL PEOPeRTÂ¥- REE-Aim-AlBlleW ALL UENS AM> S.bdivt.i.. E.â€¢â€¢ptieâ€¢ Aarâ€¢â€¢-â€¢1. and hy *11 apâ€¢licobt. 1...d U.. R.g.lit .m Ar-OX'WdE ef th. tti, of Ah... 76. i.r.* 7,4 4.undir,0.~ of .aid Ordi...c....Al 1Wt#,LOCAT;0,4 R.'*1'*10*. "'" 41Â·â€¢,-â€¢1Â· â€¢.2 â€¢ 11â€¢N Pt.1 .hcl t ,â€ž i ih ib. 1..4 .. ....... 4~*4 ~*&/4 7 *.90. EiP:*EtrliTi?Â§~Rti~DMM:~3:1~Me@t~397~le t::ta,~~::*=;*~Th~C';;lt+TA#Vil.~%%51~i:::~:i.. ..i. - Ynr r.; qoed c..,. 10..4 ..4 16. pre.i. ion. e ihi. 01â€¢1 â€¢Ad th. gppro..1 11Â«".m J. RED} 25947 .,-2-*-34- 1 0 LIABil#TY Will#Â¥kANY STATSâ‚¬NT CONTAI,Â® eÂ¥N.1 4,4/4 /hove Fwi d 4,/ iâ€¢ pise'. ):~ 3- fIAT;n 90901, 2000 2, Thi t.f. cre,1,4 by ih. lot ...11, thell b. igbjâ€¢c, i. th. .si ,#4 diaeâ€žtoâ€¢il req,ire~~cti of thi Midilli-6,â€¢â€¢~ty &16*~1101 (R--01 Zoâ€¢â€¢ Dâ€¢â€¢trletÂ· *â€¢lâ€¢â€¢â€¢ '40..\ / rN 79.09 ./1 .1, 9 ------1, ~ (I'll~ 11 7111 i Â¥04> % mJ MTKIN COUNTY TITLÂ© * 3. C}...1... 0~ i.0, 1 ihell bi li~11,41 10 0*, 11} fr~ .rke' 'i"I'-F'~il, #: - i ;D," -:mak'76Â»' ASEI JOB mid-u Ar*lop,~â€¢t ef L.41 2 *hall b* li~itid te :~e (2) d,toched /râ€ž ,~~ _ ./*1 râ€¢â€¢ id.2. Iâ€¢-t to 6, 4â€¢Â¥*Equ i, 4 4.71- configeratioâ€¢) . plu t,0 /1 r for ic:10' Acc#.ierÂ·Y Di,Iliâ€¢g Ualt/Cerrlip. 140Â·.i. ..,1, citached 10 0.4- 4229 STATE OF COLORADO ) - COUNTY Of PITKIN I a th.r wid,diâ€¢.4.~1.. ...fi~.r.:i.1. Alldi....1-0,â€¢â€¢1â€¢41.9 '. 4Â£Â£*, __FOD TUCORTIF~~~ A Thich ,~DU/Carricg, 14-,44 9,0 cal../.i.1. .6.It b. .. ./.1 h.d in th. Aep.. L.nd Ut, Ced.. .4 *a, be gâ€ž,4.4 r... ii- 1. ii... Th.,r- mi.â€¢â€¢d iâ€¢ thâ€¢ ticil â€¢4'â€¢-â€¢r :he./ o. Lor 2, Eg(~~3'Â·t- 6.0-. shil i **t be Â«.1.4,4 fr- thi lid ,<.0 ..,4 1, Ihi *Ile,len.* of Lot Ae.*. f, w iholl il 1, oe, ia, iff,ci,itboiks. d-,1,1. 019-61, floer *ri or 49 oth,r LOT 2 f ...7. 1,-41.~9~42) P.-2.Iapr==9- 41-nito#,1 r.,01,0-â€¢1â€¢Â· 4. Th, ADU/Corric,1 Hoâ€ž, M.if .iii./ing th. Lot I d.vilop,0.1 .holl cootii. b.iâ€¢... 750> 2.4 1200 â€¢lâ€¢â€¢iâ€¢ râ€¢â€¢t â€¢r â€¢â€¢1 Ii.61Â§ or,q. 4*4 bo locatd o~ Lot 2: MARY B . *fmr Â¥,Mt.t: */IC""rw~*imE.H,#A Ihi ADUXâ€¢iri 01, Moe:I â€¢itisâ€¢'i.5 thi Lot 2 d.v.lop..al .hal l co.t.i. b,1,0/* 750 /8/ I200 aqi#/ [*,r of â€¢â€¢1 1 i.,61, ar,4 4,4 6â€¢ 1-41*4 oa Lei 2 Thi. Ii,/Mi# /11 b, ecÂ¢,pightâ€¢ â€¢1/19â€¢tio. for .*6 ./ ih. r..1,1.otict 4..Ili., inii, to 6, c#,tric/,4 # Lots i â€¢~4 2 of *h, 1*1 iiI il purâ€žâ€žt io Lond UÂ®e SUBD ~= ~--~ 1. JOHN HWIRTH. HEREBY CERTIFY THAT IN MAY. 2006 A SURVEY WAS PERFORMED SURVEYOR ' S CERT IF ICATE Cod. 9.cit.. 26.470.0,10[6141). li ...4.1 fill till N till p r 5. The Floor Aric of it- ADU/Corriati Houi, w,it: d...lop.4.. L., 2 .holl b. 1 ALJITY&<W OINN519 ~:S&& 51~MIMN#s?~37~~M'?EMP~TH#%&5#Uts 100% Â«â€¢-t .....1 . L.Id Ui. C.,4â€¢ S..... 26 5750201'MS). -00 81" 1 e:J ~4~18.~ UIM? %11;I~VIJIM~I.Z~ URIATELY 31-1.04 50% f W Fleer Are4 ia Ihi ADU/Carri * Ho.i~ â€¢it-,atiag th. L.01 2 PRIDE OF ASPEN * THI S 22001 -Ill CD~ROL SURVEY PREC 9,0. IS *GATER THAN 1: 10.000 WI TM THE AREA Il.,â€¢~â€¢p-*t piriâ€¢â€¢*t to Leâ€¢d Ui, Cod. ~stioâ€¢ 26+57~.020(A}(71. Al I midiati,1 4,011,4 wAIâ€ž 1 fr. wk. d iff#,1,6101 i, 6, m#wd oâ€¢ ~ LEGEND AND NOTES CALÂ£-Â·C*n 15 0:001',01? AN ACRE ASÂ® TRAT â„¢E WRVIN NAD 00116 1M- Wl.tf.rÂ¥*3 TI'rip-36. ARTICLE 51 As *ElÂ®ED F*OM Ttl,E TO THâ‚¬. ~ Lot. 1 2.4 2 â€¢hill /â€¢.r ih. ri. Id.#till d.,i,. il.â€¢darlâ€¢ 1â€¢ plâ€¢c, 01 â€¢ho /1. of MINING CLAIM ~01â€¢~49' .PLS 14Â¢7 Ste*/4#4 .*1- *4Â¥30 J.-*h~lÂ£~ 2006. b.ildia, p...it. *â€¢Iâ€¢,â€¢ â€¢my â€¢â€¢ria,aci{,) 5, dily obt,in,d. 1* 0,611:ien. Ihi O Folio OR SET SURVEY MONUMENT AS DESCRIBED ma:;21: miT.:'U:su.&16 :r'%1'2 :T:.r:.Min:13:i:l'?MY;r '* 12*512.Â·wit- :* & MAIAWILE 7. Vihic,tor occ,â€ž to Lot 1 *hall 6, t,k,0 free th, 30*,6 Fourth St-,01 0,6 525370 ...i.d di,00,1, i. 16. ...i of ih. prep.ty. Â¥.hic.1.r ..c... i. Lot 2 .hall b. VICINITY MAP . e A'DiNG 11'In 11111111111111111111111~1111111111111~11111 PageÂ· 1 of 1 Ct 9f'*INCIL APPROVAL- t.k.. ffÂ·.* Mt Mepkins AÂ¥â€¢nuâ€¢ Â¥14 6 â€¢iâ€¢41â€¢ 0â€¢,6 cit. Th, r,itd**tiol Malt. 0, O UTILiTY BOX 06/1.2008 04.22 02â€¢irCE K VCS *0KIN COLNTÂ¥ CO R 11.00 . 0.0. â„¢,8 PLAT OF THE BOOMERANG LOT SPLIT SUBDIVISION IXEMPTION WAS BEVIE,ED Le, 2 *holl .har, 0 â€¢i.,I. driv..a, ..1 Th. curb w .1.411 6. d..i...4 Nd 1--4100 a SURVEY CONTROL- AND DROVED BY THE CITY COUNCIL OF Tf Â¢ 1 . 00 ASPEN ON â„¢i I .la- DAY OF â€¢00â€¢*râ€¢â€¢*â€¢4 ...6 tbs,â€¢ ir .il'ira:r;~i~~:~:~;~1~â€¢rue::i;:;t.:.10;:1?Â¥SinG,b. W. ' M#10~~tÂ£~'~~*Nm2:.1-,inr " OF-'IanG AND T 1 T E I N FORMA T I ON F URN I SHED BY Â· MopENâ€¢ bm Ri,ht-of-V.v fort,- ef th. .*T.ting Th.Glk/trot! 1* *,ier, Re w fee, af .*-sie-, parki,gl h. driv...y .ce.sâ€¢ â€¢hcl~ â€¢â€¢â€¢f th. City 6.,in*.flal D.portmeat'. 0 te.49<4. for PITKIN COUNTY TITLE. INC. driv, rea,â€¢. 1*,6 driv.,cy ..t,G.co p.i.,/ .holl $. ,. ..b.,9.fielly th. ..â€¢. ORDER NO. KT2044522 '!Elnl,A'--â€ž- DAY op t*Le.cu 8.144 DATED: APRIL 17. 2006 Thirâ€¢ â€¢*4411 6. â€¢* fâ€¢rther -64*4*100 I.xeopi cond"/iuciatioil of,ithir lot 40424Â»5~N * 9. KOCH. CITY CL#' J 1, th, Boo-fÂ·#1 Lot Spill *ithe,t approve!(,1 fre~ fh. City of A.p... %91.I ; 94 . ER::1?1M~2061:ImraH:5,99*Mu&Â°met:Â§05 U y ig:.6*lim#I'.7-F.;9. CITY ENGINEER'S APPROVAL Ai-- ---. ~ mr,:,gg.irlm~Â°f/~T~Â¥?Â°U'linâ€žt*EMPTION WAS REVIEWED I WATER VALVE 1259 OFFICIAL Mu OF THE CITY OF ASPEN WAS Ung} FOR THE PREPARATION OF OF THIS PLAT. CALLS IN { 1 ARIE FRGM THIS FLAT. THIS 4, / / DAY OF -U... 2006. AYMEMiR:R? 511FM7: ?m :tAM*Wi&ATA#Â© 1%Â·sim'tm"LJW -Fi//0/*tr-- 4.-'.-Â·er- I;W 44'i '5 CITY ElÂ«HER- ~:i~:EE~~*A*~R~~~~D~L:Ao:6??iI 0NSP?,lr~,S~~MT BOOK 30 AT ~ b. -0 0-~V -41;FL L Tn.6152490 PREPARED GY â„¢, S PROPERTY LIES IN ZONE C AS /ER FEMA F l mi JUP Re â„¢EE CITY OF ASPEN. COMMUNITY DEVELOPMENT APPROVAL ~~ 7<7,#M'1;Dil COLORADO PITION COUNTY Co*MITY PANEL No. 000{43 000[ B. EPFUCYIVE DATE: ASPEN SURVEY ENGINEERS. INC. f 0=11- 4.19*5 THIS PLAT OF nâ‚¬ 8001â‚¬Â«ANG SPLIT WaDIVISION EXEMPTION WAS REVIEWED AND ZONED: R-6 M;~â€¢Na2VmOR f,j~ CON.J~YO~T-ft:1= DEFARIMENT *** 2 IO SOUTH GALENA STREET SITE~~~\,,~~ te,r26> (RÂ£,- 1 64Â£' P i.*- ASPEN. COLORADO 8tel I M1011/FAX {970} 925-3016 + ~ 22~= DATE )08 PARKS DEPARTMENT APPROVAL ' 4.u ch CLERK AND RECORDER' S ACCEPTANCE m.grTAED?'*Aw*imr#PTI' wrED w 6/06 2/197/ 6/3334 ==ium ..7.. Olk,rl:6.[014 EXEMPU'M:In~~ FOR Cl 17 OF ASI ER ON â„¢IS t/ DAY OF JJ13# 2006. <t'i ''~/Â· j ; ~*~~g~I~~~~~~~~ .~&-'MÂ· 0~y~#Gi &@egA ~9**T'Tg 20M IN DIRE~ . VÂ·*&..) , 1 her N COUNTY Cl*r AND RECOROGR ' r-# JOB NO. 291976 1 ~...~~~.~ BOOMERANG LOT SPLIT SUBDI VISION EXEMPT )I ON P LA 11 8 OWNER'S CERTIFICATE THAT PART OF LOTS A. B AND C LYING NORTHERLY OF LINE 7-1 OF THE CITY AND M:'MW"S&,81â€ž45:fi:r?=76NmJ~=ws:F>.R- LLC. A DELAWARE LIMITED - ~ TOWNSITE OF ASPEN (ACCORDING TO THE 1978 RESURVEY BY THE BUREAU OF LAND MANAGEMENT}. EXCEPT THE SOUTHERLY 20 FEET THERâ‚¬OF. AND THE NORâ„¢ 85 FEET OF: THAT PIRT oF LOTS A. B AND C LYING NE'IMERLY OF LINE 7-8 OF 11* CITY AÂ® 879 070 LOTS 0 AND E. THE NORTH 80 FEET OF LOTS F. G AND H. AND THE NORTH 50 FEET OF LOT 2~&~,~; Ag~,~AT/sj~~~.Pjl;U~RÂ¥==.BI,J~M~&*waL.T * Lors D AlÂ® E. THE NORTH 80 FEET oF LOTS F. G NND H. AND THE WORTH 50 FEET OF LOT 1. BLOCK 32. CJTY AND TOWNSITE OF ASPEN. PITKIN COUNTY. COLORADO. H .J. CONTUMING 0.453 ACRES â€¢/- t. *LOCK 32. CI rr AND TOWNSITE OF ASPEN . PITKIN COUNTY. COLORADO. CONTAINING 0.453 ACRES ./ # 3 ZIVE;2~Â°illuL?PU~?mILyug:P~N~~TT~FSIDEN. piTKIN 4 . ELECUTED THiS _1!UL DAY OF -1 - 9/4 - LNE BEARING DISTINCE 2 f 9:;2:91:341=gfily,WAI:hilihfi,1,2186*2&#alatf A."0.#M- L 1 (5 14*50'49-W} 5.00Â· L 2 (N 14'30Â·49-El 5,00 sTITE oF ~8436& 1 L 3 {N 75*09Â·11 /1 6.40Â· CALCULATED A Ko# ~,~f~,k,~wo. 7 .. -.,).. 5-4 6 01 -'Â°-r Il THE-FOREGOIN:01:943 CERT[14&:5.1:.2 *:zatpGED SEP=ORE IE â„¢I; -~~ DALOF **DIN REALTÂ¥ MANAGER. 1 Ne. A DELAVANÂ¢ CORPORAT I ON. ITS *MAGER. 6369 WI TIESS MY HAND AND OFFICIAL SEAL. AP,Re,r/MITE LOCAT/OM OF r , MY C01eliSSI0N EXPIRES: it-- 1-1-6 g.,; %1:,lu=:tr NOT,#90f~ A----0-1- cal,g#, rr #61&0,216*r *Esl DRIVE 05.00' OF FoiNitAI,1 SGUARE PROPERTIES. LLC. A VIRGINIA L.YMITED LIASILITY C~*4. ITS INVICER. ENGINWER Â· ,-TÂ· DÂ»,0 ARIA- TITIF #'4-4Â·â€ž MbL HOPKINS 2.04.-, AVENUE LUMITED LrABIL[TY COMPANY. ITS MANGER. v 06 STATE OF Vl /01 1Â¥10 1 COUNTY oF -akAg j Â·Â· .En- P,~ "blktâ€¢. '4 k + WITNESS MY HAND AMD f =*D,/2,7ROM/0,~-~13 -01,9..L...1 9 4 90-:t~ PÂ¢k.4-'. I. 4/ / IL44/~A /Â·p+rEe .rÂ·ry ce,â€¢~,r, *~,4. 2 9 Â·t m C[,e.ION EXP#RE.i'r<r a i--4--- Pah.* 1 6.u pq:,M# NOTARY PUBLIC A MORTGAGEE'S CERTIFICATE - / \'/es o~ '0 -ps... *1 + \ /9 2-I; wÂ¥Â·41'E r'rt#-hoe?~Ty:ITI~E~~~ ~~~~~~ :4=EN6p#i?+ ls"lit~ING ASSOCIATION 270.00.1 CONIC. a,KE PATH SET RED 25947 . les ~==1165 1 eia*,CRT~~~1*Y,#fj&318*, CONgms TO DE; THE MAL 25 / . 6 EXECUTeD THA S -- DAY OF fr->4 2006 D A+TwkiL- ME. SPAW >414-4 TI TIP- Ve . 4 6$ 6 )11*sT. ..... A MATIONAL @ANKING A#*OCIAtiON AG ImleAGEE. 1 1 ** LOT 2 4 4 STATE OF COLORADO i D N. 143,- i AREA: 12.237 SF #/ 1 1.1 -1 - KED. 4303 ~ 6% 2 TE FOREGoINS MORT%&&Â·&,CE~ItfFNY n.~&~Apoag .~.rms JWTBM i O. 2.1 ACRES ./-1 COUNTY OF PITKIN 1 1.1TTLE Alll A,Â¥09.DAILS *011% 1Â¥IC '*44~ ~ - <~~~ 1 1 1 .It 1 G 1 : f . OF #* Ma-7. M.A..A NAÂ¥101#AL 0*11*1 18 Al~Â· AGE 1 JOe 250$4 OF -Â»04/4 - ... -7 0.0 .2 m O0101Iss'9591*ES: U-Sâ€¢-0*1 . It 1 E :i; 1 1 1 1 12.: O WITNESS MY HAID AND OFFICIAL REAL 4Â· TEA n. 11-Effy \( 0*1 1, 0.1- .i 1 ..1 3,4 1 Fill N.+Ii LOT 1 *dTAIrr ~Puel He 1 9 -1 1 * E 5 7?;21,Jgs:/:'- h.-A-- 04 TITLE CERTIFICATE ->..4,643&0' f 22:JEE:G:Zilk :, UUDIi;,4: :rt- ,% A TITLE To THEE .ITMN DESCRISED REAL Pmofâ‚¬It17' RE& b//r//1 L,t Splil $,644~116,â€¢ b//PtÂ¢â€¢m Ur.///.1, r-,eÂ¢*4 04 ***aftÂ« W er **aa 1 i P.......=kt-4 gk#FA:FAK 46faM!:Â¥21 1 524: 9*9:28;F1FIR.lEZZ*".0 ---fÂ· L :2 T,Â£ tÂ»OERS,GNED. A DULY AUTHORIZED RE,RESGI,TA~1~#FO~RN~*~-*TITLE. * $.bdivi,t,Â® b..plieÂ« Aer.....1. a.4 6, .11 ..plic.61. 1.,ad U.. R...1,fla.*. f. 7%.a. ------ikD--2 7 li 1 -47--19 . Mtt*PIL~iet, .f ,& tli, of Ase.*. 76. ~er~. Oad Â¢6.41'ioe* 01 -14 9*#c'. 0014 4.00. / EERâ‚¬EMEN'EL?%N'%?-mdre1~A,&4~&0Â£ t...t.il.. ,ci,I ~M mt. ..4 .1 M. 81 464'1 i.* .Jih ih. le.4 .4 â€¢*.-ti ~ / , YELLO~ FOR LOT 1 b.rd.*l.5 thi ..... Thi ir,Â¥49, apprevili Heiâ€¢44*4 PUD. Sibtrifio, 0,4 - 13110 OF TITLE. AN[> IT IS UNDERSTOOD ANÂ© ~s~,EED,~M, 2211~IWIJWEL. M. *4 pro,-ty *f, 1~r,4, ,-1 NEIT+ER ASSUESNOR Illl BE CHEGED Wl Te, 100.1 ca,0* fousl. cad Th, Â»re,lsion, 0 0, plal gad th, opprow/4 dec/4.1 RED 25947 r.fe.*c*d '*ove ,/.-. 0*4 4,6 1 0 plae'. LE J.\ *2.Jae\J / 0. LiA~lti~~'C~ s't*le*z~r 3â€žt~~1Nk,t ~ 2~~i,~o~ ~,"0.4~r;.~6~ob,Y~i. let .,tit .h,11 6. â€¢â€¢63â€¢et 1, d, w,* ,*4 diae**ieall r,q,ir,-*t, er til, Miti.-D,ailly N~*id**1101 (R-01 Zos~ DillrIct. 0â€¢1â€¢44 i 03 PITKIN COUNTY TITLE. ~C T I TI $ Â· TAA> 3. D...4-/ or Lot 1 .6011 b. li~iN le oe, (11 frâ€ž mork,1 *400-fol.itr \~ ~~ow ~14~&: 2~~801Â¥4hj =....sm.~ 2 ASEI JOB MeliD-st of Lof 2 shall 6 14Â¢wd Yo No (2) dliched Fr~. ~.~~ 4229 STATE OF COLORADO 1 ,ork.i ,..i~1..... t..t te 6. 4.v.le..d i. . d.pl.* co.fi,grailon}. pl.. i.e {21 r , .1 for *01,- Accâ€¢â€¢â€¢arY D-III*, Ualt/Corri,1. HaÂ¥1, tais. atto,hod te 0,4- ~ ~ 0,,thâ€¢r (d...1.ped,â€¢ a d..tâ€¢* coaff,wre:,00)- All,lia-/m inÂ¢]*dra, COUNTY OF .TI/ ) I ~P\--4Â£tit 'LO ~ 9 ~REÂ«0*LTLE CERTIF~*ER:Al~~Â¥Â°Iliomplt TIÂ¢#3 fl;,~ ~4~ U 4110,41 0 Ficer Ar,I *Ad th, Ic.te,r Ta ihich ADU/Carrio,4 Hailit at, cal.1.1.4. .6.t; b. 0. ./.el Â¢ 5.1 in th. A.... Land U.. Ced.. .. ..p 6. 0.*nd.d fri' 11- 'I tiâ€¢I. Th..r.0 go.,ai..4 i. th. licil .......t .he.* .. Lor 2 hum. shol i *ot k *,cl.4,4 frgi th, 1.*4 or. i.4 i i th~ cite,160 of Lo, Ar.. Â«k_ --~ LOT 2 - R. O. 0- 32 4 tot,NTÂ¥ T I tlil. INC. .. *or iholi it â€ž cuy â€¢4 effect :*16*ks. 11,1.41,1. alloiabli floor arie or gay oth,r 4,/Ilâ€¢loâ€¢â€¢1 r.<Ilir....11. ZÂ» i P...0... P- : 11-1 p.kal Fvt".r . 4. Th* ADU/Carriag* 110â€ž, â€¢/1 â€¢iâ€¢ iwil,g th, Lot I div,le,-mt â€¢hall con.14,* 6,â€že,# 750 Â«,4 1200 19~r, fâ€¢â€¢, â€¢f â€¢â€¢F I irablâ€¢ Orâ€¢q â€¢â€¢4 b. I.o.tod on Lei 2: MARY B Â·". <3vt ,' - 16* #DU/Carrie~â€¢ 140â€¢â€¢â€¢ â€¢iti,.tie, th. Lot 2 d.,.lop...i .hail c..t.i. *Alir' QLk b.i.... 750 ..4 1200 .q.... f..1 of ..1 11â€¢.61. .r....4 b. 1...1.4.â€¢ Lot 2 4..A / 4 Thi, 0/wio. 011 hâ€¢ 0â€¢Â®â€¢prn,*li ~{~i,ef ie, for mh of th, real/*ati,1 4~1114 SUBD SURVEYOR'S CERTIFICATE A,P./00 0181+ ..it, I, 1* 9,0,trice.4 00 Lot, I nd 2 of Iho lot i,lit purâ€žunt to Lend U,i Codi S",len 20.470.040(8111}. 0, em"lid froâ€¢ timâ€¢ U "" 1. JOHN HOWORTH. HEREBY CERTIFY THAT G MAY. 2000 A SURVEY WAS PERFORIED 5. Thi Fl-, Aria of rh, ADU,/Ccrrio,4 Houe, f,it: 4,Â¥olop-1 0, Lil 2 Iholl b, # 1 rriEiaRAF,w.93Â§10~23?3?'~tti:~'~;~m,# loo>% .r..t p.rieait ie Laid U.. Ced. S.clion 26.575.020(A>IN 1. odul,i... 80 91.-bi,6,1 r~Id,Me,Â¢ 08 Let 2 Ihill 6~ ~~t f â€¢lid 10 0 Floor Ar,1 haii iqi,I te CONÂ¢,TNEN#:1*. MI204*al-2. DATED: AFR L I7. 2001. ARE ACCURATELY SHOm, 0,1 C.?42::'i:.0..'.':' 'adti OWE:Zill:,t:'6:4;191411,1 ir.lot 2 PRIDE OF ASPEN $%11'05/#gle#kin.U/E*"6.#4.4//9/6- w;'7,&,6,16REA 0. All I.,idiatiÂ«l diollia, 9,11â€ž { fr*0 -rk,t 204 *f fordibli) te bi *oi.tri,1,4 0. / LEGEND AND NOTES 11 Tlâ‚¬*8-973 TIN,6 3*. ARTICLE 51 As AMENDED FROM THIE TO TIME. Lot, I ed 2 IMI ,#r ihi rbil,!*Gtial 4*,ig, itwded, IM plo,0 01 ihi *I~, of MINING CLAIM 11*#U :1151 *AY:op ~-- -h~..4 91. .2000. 6*ilding Vul. 00-* aay Â¥.riGAG,{1) i, el*I, Akud. In câ€¢I.litien. 14 O FOUND OR SET SURVEY MONUMENT AS DESCRIBED .M,046....... ' '2 + *440 HÂ«u ~mi f~ e~ Lo: 2 ~hei~ â€¢{â€¢0 -â€¢f flâ€¢â€¢ AOU D~,i,n St,Mdqrd* c.â€¢t#*.4 ia S.,lie, 24.520.050 of th. Ced.. .al... g.y voricne.(.1 1. 4.1, * MANHOLE ,â€žâ€žet 92.,7 7. Â¥.6,0.1.. .c... to W l IMI k h,k,Â» fro~ thi Sivtâ€¢ Fouillâ€¢ IMM â€ž11 ~ ~7 HYDIANT 525370 1.00**1 111,#tly lo tbo ocit of 16, pre,ofty. V.hicit.r occe#, to Let 2 .1-11 60 VICINITY MAP Page 1 of ' C I ~teUNCIL -APPROVAL tek** 4** hot Ne,kin, Am. /9 2 .in.1, g.rb cit. Tho r,ird.*iiat -it. 0Â« O UTILITY BOX 1 mIE 1111111111~1111111111111~ lilli lilli ./15/2006 e 4.22 L..0 2 *6011 111,1f, e â€¢i..[. driv..., ..4 Th. cuib Â¢.t .h.Il b. d..i..d ..4 -400 :Ain~ K VCS CACDhl PrKIN CouirrY co R 11.00 D e.. â„¢i S PLAT OF THE BOOMERANG LOT SPLIT IUSO{VISION ED~EMPTION ,AS BEÂ¥ ISIB 6 SURVEY CONTROL- At.51.9.. 1,1&2 %7'~6~=CM,?'I~I:.Pi#lem,g oF A. c.Â©.ir-*-1 .â€¢ch th., il â€¢ill not proÂ¥.*i 0 1-t le,i H 6,-ilre*t Arking i, th, W. Hopki., Ar.... Right-of-Â¥0/ lit -y 6 11,#sÂ¢*ry 4 r,coastruct + mIT,a a TITLE INFORMATION FURNI SWED *I RECORDED AS Rec.EPTION le 5//.Lâ‚¬ ESTArt RECO*85 OF .erti. ef th. .KT.ti;,g~Jid..alk/,rei! 1. .8.er. ie ..f la.i .f ....,re.t Pom .9 Th. dri.....y .cc... â€¢ ~â€¢â€¢4 16* City 6â€¢,i,-eriaq DV,n-â€¢t i it-4-4, for PITittw ~oyr1210#ADO. <-~ drive re-,1. 1/th driÂ¥*,3, *,tfe,c* pomi /6,11 5* im twbâ€¢faâ€¢ligily th..... ~ -'â€¢~8#,/03*fkzfÂ·-9/2 6*472' Lte PITK IN COUNTY TITLE. INC, ORDER No. PCT 2644*L; ./ 3.16.6 e j.. , f i 4 DATED: APRIL 17. 2006 Thvo *4-{I 60 40 firth,r ,Â¥6411;04 1.04, wedouilli~itotioa] of *i,hor lot =<21 -< ATTEIT~1UVi--1/â€ž/i,i-X,fil IIijAPi flAiY in th, Boi-rea, Lo, Splil .ithoâ€ž Irprove'(.1 fre. thi City of A.P... . XATHRY,1 9 KOCH. CiTY a..K , EEd??M2~911TsNcV''i~"~U~ R #9 ?~ CITY ENGINEER'S APPROVAL â€¢ WATER VALVE â„¢IS PLAT OF â„¢E BOOMERANG LOT SPLIT SU80]VISION EXEMPTION WAS REVIEIED 65Lo~F~111.- 2:L:F,2? ?'IIÂ£06Â£&,irrx, FOR THE PREPARATiow * ~sAPPR;r.ly/ni~M~'3~ ELI5C{TY OF ASPEN.~ i94;38~K:Itti~~E EEFÂ£4?3*0~â‚¬Ei-'jE:~9~T CITY $[ PAGE 6 ,(iRE U,ED FOR N,JOINING PROPERTIES IN PITKIN COUNTY / t; 114IS Mt@PeRTY LIES IN Ze,ME C AS MER FEMA FIRM Imp FOR THE CITY OF ASPEN. COMMUNITY DEVELOPMENT, APPROVAL PREPARED @Y 3(... Â» -07~394 ~~~ 91.9~#sCOUNTY CelellÂ»,ITY 'ANEL 1,0. 000143 0001 B. EF,ziCT[VE DATE: f â„¢15 PLAT OF THE BOOMERANG SPLIT SUED I VISION EXEMPTION WAS REVIE'ED AND ASPEN SURVEY ENGINEERS. INC. APPROVED BY TE DIRECTOR OF THE CO-JNITY DEVELOPMENT DEPARTMENT OF THE ZONED: R-0 C jJY OF ASPEAL QN THIS 12<4 D.4 OF - 1,4.- 2006 210 SOUTH SILENA STREET SITE \ 91-/41 ~ ~i&*Â·- ~, DVâ€¢.4. l> ir*Â£4.. ASPEN. COLORADO sull L PHONE/FAX {9701 925-3816 DATE .08 PARKS DEPARTMENT APPROVAL Â· ' /5024. CLERK AND RECORDER' 5 ACCEPTANCE 741$ PLAT OF THE BOOMERANG SPLIT SUBDIVISION EXEMPTION WAS REVIEWÂ® A,O 6/05 29 I 97G Ci TY OF AS/El CA TMIS 14â€¢â€¢ DAY OF 'r./.= 2006. U Â¢ifit) R~:~3~~~a?*19;ME;f'~5-3--~N I*VECTOR OFÂ·DlE ASPEN P0.RKS [*PAR~Eâ€¢iENJ 00 T~ ~42Â» plnk 627? cNIKA*OR~%' UP-9 JOB NO. 29 I 97G 1 9.00 Jun 18 06 10:2la w--'ace 19--270819 EXHIBIT SUBDIVISION EXEMPTION AGREEMENT - FOR THE BOOMERANG LOT SPLIT THIS SUBDIVISION EXEMPTION AGREEMENT (this "Agreemenf') is made this / 6 day of -3-2,-vu , 2006, between ASPEN FSP-ABR, LLC, a Delaware Limited Liability Company (the "Owner") and THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, Owner owns that certain real property (the "Property") located on the south side of West Hopkins Avenue between South Fourth Street and South Fifth Street (Parcel Identification Number 2735-124-49-002) in the City of Aspen, County of Pitkin, State of Colorado, described as: That part of Lots A, B, and C lying northerly of Line 7-8 of the City and Townsite of Aspen (According to the 1978 Resurvey by the Bureau of Land Management), except the southerly 20 feet thereof and the north 80 feet of Las D, E, and H the north 80 'feet of Lot F, the north 75 feet ofLot G, the north 50 feet of Lot L Block 32, City and Townsite of Aspen, and as modified by the addition of the north 85 feet of Lots D and E, and the noith-80-feet-of-Lot-G:BloGIG-32rGityand-:Fownsite-oikAspen-through quit claim deed executed on August 14, 2000, and recorded with the office of the Pitkin County Clerk and Recorder as Reception Number 446337; and, WIIEREAS, Owner applied to the City ofAspen for approval of: a rezoning from R-15/2/PUD (Moderate Density Residential with Planned Unit Development and - Lodge Preservation Overlays) to R-6 (Medium-Density Residential); a subdivision exemption for a lot split to create Lot 1 of the Boomerang Lot Split with an area of approximately 7,500 square feet and Lot 2 0 f the Boomerang Lot Split with an area of approximately 12,237 square feet; and, associated growth management approvals (collectively, the "Projecf'); and, ' WHEREAS, on January 24,2006, the City of Aspen Planning and Zoning Commission ('7&2") approved Resolution Number 3, Series of 2006 (the "Resolution") recommending that City Council rezone the vacant "Boomerang Parcel" to the R--6 (Medium-Density Residential) zone district anct approve a lot split, creating Lots 1 and 2 ofthe Boomerang Lot Split City of Aspen, Pitkin County, Colorado; and WIIF,REAS, on April 10, 2006, the City Council ofthe City ofAspen granted approval of a rezoning to R-6 and subdivision exemption for a lot split on the Property pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code; and, ll-11--1-11'll. - 1.1 11.111[- ~Il.]lili ]11 06/16/2006 .04:22 525369 Page: 1 of 11 JANIZE K VCS CAUDILL PIT <lb Ce-NTY CO R 56.00 D 0.00 ,Jun 18 06 10:228 --'lace 19=9Â°270819 P. 19 Subdivision Exemption Agreement Boomerang Lot Split Page 2 of 11 WHEREAS, the approval of the Project was conditioned upon Owner complying - - with certain requirements outlined in Ordinance No. 6, Series of 2006 (the "Ordinance"), including entering into a Subdivision Exemption Agreement for the Property; ant WHEREAS, Owner has submitted to the City, for approval, execution and recordation, a plat for the Property (the"Plaf') and the City agrees to approve, execute a:nd record the Plat (Owner shall pay all applicable recordation fees) on the agreement of the Owner to the matters described herein; and, WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution, and acceptance of the Plat, which matters are necessary to protect, promote and enhance the public health, safely and welfare, and the Owner is * prepared to enter into a Subdivision Exemption Agreement incorporating such conditions and requirements. NOW,THEREFORE, in consideration ofthe mutual covenants contained herein, and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: , 1. Acceptance of Plat Upon execution of this Agreement by all parties hereto, and upon approval of the final plat by the City Engineer and the Community Development Directpr, the City agrees to appro-ve and execute the final plat for lot split subdivision exemplion submitted herdwith, which conforms to the requirements of Chapter 26.480 and all other applicable requirements of the Aspen Land Use Code. Said Plat and this Agreement shall be recorded (Owner pays all applicable recordation fees) in the Office ofthe Pitkin County Clerk and Recorder within 180 days ofApril 10, 2006 (the day the Ordinance was approved). 2. Plat Requirements. Ata minimum, the Plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Clearly label the lot line separatog Lot 1 from Lot 2, the housing type and density per lot and show all easements ofrecord. c. Provide a four (4) foot wide public trail easement to the City of Aspen along the west and southwest property line of Lat 2. ' A slightly wider easement shall be - granted at the southwest corner of Lot 2 to allow for a moderate turning radius on the trail. The exact location of this easement shall be approved by the Parks Â· Department prior to recordation of the Plat The Plat may_also include a note indicating that the area contained within the trail easement shall not be excluded from the land area used in calculation of Lot Area and, as such, shall not affect allowable FAR, density, setback requirements, or other dimensional requirements. d. Contain a plat note stating that, no further subdivision of the subject properties may be granted nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application. 111-i'11111.--Ill --1 lillill.Ip-1111.-1111-11111111 06/16/2006 04:23 525369 Page: 2 of 11 JAN.CE K POS CAUDILL PETKIN COLA-Y CO R 56,00 0 0.00 2 Jun 18 06 10:22a -''ace 19--Â»-'270819 p.20 1- m Hum --m ---alimm-11--12-11 Page: 3 of 11 Subdivision Exemption Agreement 525369 Page 3 Of 1 1 06/16/2006 04:23 Boomerang Lot Split JANICE K &63 2 _L ..L PITKIN COLKTY C R 56.00 D 0.00 e. Contain a plat note stating that all new development on the subject lots will confonn to the dimensional requirements of the R-6 zone district, as may be amended from time to time. Notwithstanding the foregoing, an applicant for new development on the subj ect lots has the rights afforded under the Land Use Code to request variances from the dimensional requirements of the zone dislrict from an entity with the authority to hear and decide upon such requests. 3. Lot 1. Owner hereby agrees and acknowledges that development ofLot 1 remains subject to the terms, provisions, and conditions of approval enumerated in the Ordinance, to wit: a. Lot 1 shall have an area of approximately 7,500 square feet and its development is limited to one (1) single-family residence; b. Development on Lot 1 shall be subject to tile use and dimensional requirements of the Medium-Density Residential (R-6) Zone District, as may be amended from time to time. Notwithstanding ~le foregoing, an applicant for new development on Lot 1 has the rights afforded under the Land Use Code to request variances from the dimensional requirements of the zone district from an entity with the authority to hear a:nd decide upon suchrequests; c. The residential dwelling unit to be constructed on Lot 1 shall comply with the City of Aspen Residential Design Standards inplace atthe time ofbuilding permit, unless any variance(s) is duly obtained; i Vehicular access to Lot 1 shall be takqn from the South Fourth Street stub located directly to the east of the propefty. There shall not be any vegetation taller than thirty (30) inches from existing grade planted within the area fifteen (15) feet south or north of the driveway, at the property line or in the public right-of-way, in order to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. Owner shall also relocate the existing Midland Trail sign to the south side of the driveway and attach a new sign on the backside of the relocated Midland Trail sign to indicate to trail users the presence of the driveway's crossing of the trail; and, e. Administrative growth management approval for development of Lot 1 shall require provision of affordable housing mitigation by development on Lot 2 of one (1) "for sale" Accessory Dwelling Unit (ADU) or Carriage House (CH) unit containing between seven-hundred fifty (750) and one-thousand two-hundred - (1,200) square feet ofnet livable area. Pursuant to Section 26.470.040(B)(1), Administrative Growth Management hpiew: Detached single-family or duplex dwelling units, of the Aspen Land Use Code, as maybe amended from time to time, the mitigation described herein shall be acceptable for the single-family Â· residence to be constructed on Lot 1 ofthe lot split. 4. Lot 2. Owner hereby agrees and acknowledges that development of Lot 2 remains subject to theterms, provisions, and conditions of approval enumerated in the Ordinance, to wit a. Lot 2 shall have an area of approximately 12,237 square feet and its development is limited to two (2) detached free-market residences (these units shall not be 3 Jun 18 06 10:23a -. ace 1 -270819 p.21 Subdivision Exemption Agreement Boomerang Lot Split Page 4 Of 11 developed in duplex configuration), plus two (2) ADUCH units attached to one- - another (these units shall be developed in a duplex configuration); b. Development on Lot 2 shall be subject.to the use and dimensional requirements of the Medium-Density Residential (R-6) Zone District, as may be amended from time to time. Notwithstanding the foregoing, an applicant for new development on Lot 2 has the rights afforded under the Land Use Code to request variances from the dimensional requirements of the zone district from an entity with the authority to hear and decide upon such requests; c. The residential dwelling units to be constructed on Lot 2 shall comply with the City ofAspen Residential Design Standards in place at the time ofbuilding permit unless any variance(s) is duly obtained. In addition, the ADU/CH units on Lot 2 shall each contain between seven-hundred fifty (750) and one-thousand two-hundred (1,200) square feet of net livable area. The ADU/CH units on Lot 2 shall comply with the ADU Design Standards contained in Section 26.520.050 of the Code, unless any variance(s) is duly obtained; d. Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut. The residential units on Lot 2 shall share a single driveway and lhe curb cut shall be designed and constructed such that it will not result in any net loss of on-street parking in the W. Hopkins Avenue Right-of-Way (it may be necessary to reconstruct and realign a portion of the existing sidewalk/trail to ensure no net loss of on-street parking). The driveway access shall meet the City Engineering Departinent' s standards for drive ranips. The radii of the curb cut and r*urns shall be the minimum that flinctions for the purpose of a driveway; Owner shall gain approval from the Community Development Engineer to determine the appropriate radii sizing; and e. One of the two ADU/CH units on Lot 2 provides mitigation for the development i of Lotl, as described inparagraph 3.e., above. With regard to mitigation for the development of Lot 2, administrative growth management approval shall require development on Lot 2 of one (1) additional "for sale" ADU/CPI unit containing between seven-hundred fifty (750) and one-thousand two-hundred (1,200) square feet ofnet livable area. Pursuant to Section 26.470.040(B)(1), Administrative Growth Management Review: Detached single-family or duplex dwelling units, of the Aspen Land Use Code, as may be amended from time to time, the mitigation described herein shall be acceptable for the two (2) detached, free market single- - family residences to be constructed on Lot 2 ofthelot split. 5. Unit Configurations. Lot 1 shall be developed with a detached-single- family dwelling unit, with or without pennitted accessory stuctures. The free market residences on Lot 2 shall be developed as two (2) detached single-family residences, with or without permitted accessory structures. The two (2) ADU/CH units on Lot 2 shall be developed in a duplex configuration, attached either side-by-side, over-under, or a combination of these. 1 --i,Ilin -lili. -1-1-1.[.1~ 1- - Ul'-1.-lill 111 06/16/2005 04:22 525369 Page: 4 of 11 4 34NI_E K VOS 3 _DI_L PIT<18 -L-TY C. R 56.00 D 0.00 4 Ju~ 18 06 10:23a --- - - ' ace 19---'270819 p.22 Subdivision Exemption Agreement 525369 Boon'terdng Lot Split Page 5 of 11 I IU[.111111 111[- 1111 lili-i Hilill Illil 111--1111% Illl Page: 5 of 11 06/16/2006 04:23 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 6. Floor Area Calculation. Allowable Floor Area in the Project is dictated by the R-6 zone district regulations and Section 26.575.020(A), Calculations and Measurements, of the Code, both as may be amended from time to time. j a. As a 7,500 square foot lot inthe R-6 Zone District, development of a detached single-family residence on Lot 1 is permitted up to 3,450 square feet ofFloor Area, as such is calculated and measured pursuant to Section 26.575.020(A) of the Code, as may be amended from time to time. Since the "for sale" ADU/CH unit mitigating the Lot 1 development will not be located on the same parcel, Lot 1 is not entitled to a floor areabonus pursuant to Section 26.575.020(A)(7) ofthe Code. By contrast since the "for sale" ADU/CH unit mitigating the Lot 1 development will be detached from the primary residence but located on Lot 2, it shall be excluded from the calculation of Floor Area, up to a maximum of 1,200 square feet. b. As a 12,237 square foot lot in the R-6 Zone District development of two (2) detached, free-market residences on Lot 2 is permitted up to 4,274 square feet of Floor Area, as such is calculated and measured pursuant to Section 26.575.020(A) of the Code, as maybe amended from time to time. Since the "for sale".ADU/CH unit mitigating the Lot 2 development,will be detached from the primary - residence and located on the same parcel as the units -it is miligating: 1) it shall be excluded from the calculation of Floor Area, up to a maximum of 1,200 square feet, and 2) the free-market residential development on Lot 2 shall be entitled to an "Affordable Housing Floor Area Bonus" pursuant to Section 26.575.020(A)(7) of the Code. Accordingly, the- 4,274 s/.are feet of allowable Floor Area on Lot 2 - six-hundred (600) square feet shall be increased by an amount equal to fifty (50) percent of the Floor Area of the ADU/CH unit mitigating the Lot 2 development, up to a maximum bonus of 7. Affordable Housing. Deed restrictions for the ADU/CH units developed on Lot 2 shall be in accordance with the provisions of Section 26.520.070, Deed Restrictions and Enforcement, of the Code, at the time of building permit issuance. 8. Building Permit Application. In addition to such requirements enumerated elsewhere herein and otherwise reqfired by the City of Aspen Building Department, tile building permit application for each of the residential units shall include - the following: a. A copy ofthe final Ordinance and P&Zlesolution; . b. The conditions of approval, as contained in the Ordinance, 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. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. Additionally, a right-of-way landscaping plan 5 Jun 18 06 10:24a , ''ace 1~- -'270819 p.23 Subdivision Exemption Agreement 525369 Boomerang Lot Split Page 6 of I l 111111111111111111111 l illi 111111111111111lt Page: 6 of 11 06/16/2006 04:22 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 shall be provided as part of the building permit application identifying that any . - trees removed from the right-of-way will have to be relocated. Any di-sruption or damage to the right-of-way irrigation system during constuction shall also be repaired to the satisfaction of the Parks Department; e. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and deb~iS on-site during and after construction. H a ground recharge SysteIn is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in. designing imy drainage improvements; f A construction management plan pursuant to the requirements of the Community Development Department. The construction management plan shall include a plan for protecting the Midland and W. Hopkins Avenue Trails during construclion. This plan shall be reviewed and approved by the Parks Department prior to building penit issuance; and g. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. 9. Curb and Gutter. Owner shall construct curb and gutter along the West Hopkins Avenue frontage ofthd Property prior to issuance of a certificate of occupancy . - for any of the units in the project The timing of this installalion may be changed if approved by the City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the Applicant shallrepair the -trail to the condition it was in prior to constrilction. See also paragraph 4.d.; above. 10. Subdivision. No further subdivision of the Property may occur without receipt of applicable and required approvals pursuant to Chapter 26.480 of the Aspen Land Use Code (hereinafter "Code'D and growth management allocation pursuant to Chapter 26.470 of the Code, unless the Code is amended in a manner that otherwise allows for further subdivision. 11. Landscaping. Owner shall install a tree root banier on the trees that are to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also install tree saving construction fences around the drip line of any trees to be saved subject 16 the following provisions: - 2 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 drip line. 12. Environmental Hazards. Owner shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is i suitable to handle the proposed development. Owner shall also submit a report from a qualified, licensed engineer demonstrating that.rock fall from the slope above the develÂ®ment will be sufficiently mitigated to pretent rock fall hazards. This report shall 6 .Jun 18 06 10:253 -'ace 1 -'270819 p.24 L Subdivision Exen:ption Agreement 525369 Boomerang Lot Split page 7 Of 11 1 ililli lilli lillli lkill lilli lillill illil 111 lilli lill lill Page: 7 of 11 06/16/2006 04.2 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 D 0.00 be submitted for review by the Community Development Department prior to the - issuance of full structural building permits. 13. Fire Protection. Owner shall install a fire sprinkler system that meets the requirements ofthe Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of charcoal grills shall be prohibited in this development because offire danger concerns. 14. Sewer Service. Owner shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) td ACSD lines shall be allowed. 15. Impact Fees. Park Development Impact Fees shall be assessed on each residential unit constructed on Lots 1 and 2 at the time of building pernlit issuance. 'Ihe park development impact fees shall be calculated by the City Zoning Officer at the time of building pennit issuance using the fee schedule in place at said time. In addition, School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code Section 26.630, School Lands Deditation, and a proportionate amount of all applicable impact fees-shall-be due at the time-of-building permit issuance- for each-- residence. 16. Exterior Liehting. All exteripr lighting shall meet the City's Lighting i Code Requirements pursuant to Land-Use Code Section 26.575.150, Outdoor Lighting. 17. Does. There shall be no prohibition against any property owner, including owners of the affordable housing units, from owning/keeping a dog. 18. Colorado Common Interest Ownership Act (CCIOA). As soon as construction on Lot 2 practically allows, Owner anticipates submitting the Lot 2 development to a plan for condominiumization created pursuant to the Colorado Common Interest Ownership Act (CCIOA) in order to facilitate the separate conveyance of ownership in the two free market units and the two employee housing units. The City agrees to process for approval and for recordation a condominium map prepared in accordance with the Code and CCIOA. As thâ‚¬ Owner will have provided affordable - housing pursuant to the Code, the Project is exempt from paying an Affordable Housing Impact fee. This provision is not in conflict with.those provisions of the Ordinance or of this Agreement restricting the property from firther subdivision. 19. Previous Approvals Null and Void. Upon recordation of the Plat and this Agreement, the previous approvals including PUD, Subdivision and any others associated with the Property become vacated, null and void for good cause found, and the provisions of Ordinance No. 6 (Series of 2006) will be inplace. 7 Jun 18 06 10:25a wa''ace 19-re270819 p.25 Subdivision Exemption Agreement 525369 Boomerang Lot Split Â£ Page 8 of 11 Page: 8 of 11 06/16/2006 04:22 JANICE K VOS CA -ILL PITKI~ COUNTY CO R 56.00 D 0.00 20. Vested Propertv Rights. The approved Ordinance, Plat and this Agreement, - - collectively, constitute a site-specific development plan vested for a period of three (3) years from the date of development order issuance. 21. Financial Security for Public Improvements. In order to secure the performance of the construction and installation ofimprovements in the public right-of- way, including landscaping, the Owner shall provide the City with a financial security for ~ the proposed improvements. The financial security shall fake the form of a letter of credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation of construction or the issuance of any building permits. Pursuant to this Agreement, the Owner shall provide a detailed cost estimate of the improvements for approval by the City. The amount o f the required financial security shall be 110% ofthe estimated cost ofthe improvements. The guarantee documents shall 1 give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements, to withdraw funds against such secinity sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. If the improvemehts have not been completed to the satisfactiori of the City within one year of the cost estimate,the-City mayrequire the Owner to adjust the amount ofthe financial security for local increases in construction costs. As portions of the improvements are dompleted, the City shall inspect them, and upon approval and acteptance, shall authorize the release ofthe agreed estimated costs for that portion ofthe improvements, except that tenpercent (10%) of the estimated costs of the improvements shall be withheld for thebenefit of the City until (i) all ofthe improvements have been inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (if required). Separate financial securities and maintenance bonds are required for civil 10.W. improvements 0.e. pipelines, sidewalks, and curbs) and landscaping R.O.W. improvements. , ., - 22. Material Representations. All material representations made by the Owner on record, whether in public hearings onin documentation presented before City Council or the P&Z, shall be binding upon the Owner. 23. Enforcement In the event the City detelmines that the OwnerÂ·is not in substantial compliance with the tenns of this Agreement or of the Final Plat, the City may serve a notice of noncompliance and request that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owner believes that s/he is in compliance or that the noncompliance is insubstantial, the Owner may request a hearing before the City Council to determine whefher the alleged noncompliance exists or where any amendment, variance, or extension oftime to comply should be granted. On request, the 8 Ju~ 18 06 10:268 -ace 19 -270819 p.26 Subdivision Exemption kgreement Boomerang Lot Split 525369 Page 9 of 1 I IllU Illilinn I I jillrIll-ililill 1 illikililill Page: 9 of 11 05/16/2006 04 : 23 - JANICE K VOS CAUD LL PITKIN COUNTY CO R 56.00 D 0.00 City shall conduct a hearing according to its standard procedures and take such action as - - it deems appropriate. Thd City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this Agreement 23. Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if not sooner received, three (3) days after the date ofthemailing of the same. To the Owner: . Aspen FSP-ABR, LLC c/o Len Mongeon Fountain Square Properties, LLC 11921 Freedom Drive, Suite 950 Reston, VA 20190 To the City: City Attorney City of Aspen 130 South Galena Street , Aspen, EC) 81611 :1- - - 24. Binding Effect. The provisions ofthis Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 25. Amendment This Agreement may be altered or amended only by written inslrument executed by all parties hereto, with the same formality as this Agreement was executed. 26. Severabilitv. Ifany provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. IN WITNESS WHEREOF, the parties,hereto have executed this Subdivision Exemption Agreement the day and year first written above. [remainder ofpage intdntidnally left blank] 9 JuA 18 06 10:268 .'ace 1---1270819 p.27 Subdivision Exemption Agreement Boomerang Lot Split lili lilli -ilili 111 lili 111111111111 05/16/2006 04:22 ~ Page 10 ofll 525369 Page; 10 of 11 - JANICE K VOS CA--DILL PITKI~ COLMY CO R 56.00 D 0.00 OWNER: ASPEN FSP-ABR, LLC, a Delaware limited liability company By: BROWN REALTY MANAGER, INC., a Delaware cornoration, its MAnâ€¢ oer / L.APS- 1. Â»_1 Name: -7-90-4, 46*Â·r, P Title: 64 c E- P..51 O G A-r By: FOUNTAIN SQUARE PROPERTIES, LLC, a V.~tfOimit~bility company, its Manager By.. 4~~ Name: /640 10 4113 1/2- Title: Manker STATE OF /41*<VUÂ»b ) 1 COUEY OP 734(7.6,Â£â€¢ 3 - - . I. The foregoing was sworn and subscribed to before me this /9' day of OFAR â‚¬ ,2006,by -7541-â€¢,1 Â·!f'Â¢'c,-pâ€¢' ,inhisczpacity as vic, /*s,ae.,r for Brown Realty Manager, Inc. - Witness my hand and official seal. '0,$,1.4 My commission expires <1 -1 - 14 0 . ~-10 Q_ I- f.44521Â£4,4 , Notary Public t N=OF 2 , â‚¬ 0\ li imi ; me E aÂ¥ P# 5 -li f/Ft STATE OF V 1 \fq i M A ) h : 4 i *\ - ) SS. ---- â€¢40 Lp\11]& foregoing was swomandsubscribed tobefore methis 14\h day of ,2006, by-DM/161 W.Faed.tl/ ,inhiscapacityas Mail ager ~~FOâ‚¬~Witness my hand and official seal. 'r,~~4#â€ž'C,n~:"' My commission expires \ ~'31\I)% ~ *hi i tanivt, Notary Public 4 10 42 t~:" 100 1,#'. J 18 06 10:26a 7 'ce 19--rÂ°70819 p.28 Subdivision Exemption Agreement Boomerang Lot Split Page 11 of 11 1 11 Ililli- lilli-Il[ --- 1~Illim 06/16/2006 04:23 525369 - JANICE K VCS CAUDILL P.TKIN COUVY CO R 56.00 D 0.00 Page: 11 of 11 APPROVED: C74 (net.,432 d-Â·-56 Morcester, City Attorney THE CITY OF ASPEN, COLORADO ATTEST: a municipal coIporation By:/U~Jilli:,i,<4*LK By:Qi 927 64 /HelÂ¥ KaliNMande~d, Mayor Kathryn Koch, City Clerk STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) /1 The foregoing was sworn and-subscrib&1 to before me this 1 6+~ay of - 4.44/KE_ - , 2006, by Helen-Kalin Klanderud and.K;4hrnritoctras Mayor and ~k Clerk, respectively, ofthe City of Aspen, a Municipal 26$3~162' Sth ow '1-,4# Witness my hand and omcial seaj. My commission expires 04'~ 19-~2..a' 1- A- L,-- 1;--- -- ~~4&-L#-4-1/1,K,-*.---.2 Public L/J C.My-Documents\City Applications\Boomerang\B-Tang Stmda\B-rang Stunda SEA x* r~ :- 014 f JACKIE j ~ 1 LOTHIA': j # ty... /0 .9.>.---4<27 up C eL'.. 4 41 11 ' /' ')111./ EXHIBIT . U 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 development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building pennit 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 this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen FSP-ABR. LLC do Steve R. Stunda, 602 N. Fourth Street, Aspen, CO 81611. 925-7604 Property Owner's Name, Mailing Address and telephone number Referred to as the "Boomerang Vacant Parcel", the property is described as portions of Lots A-F, Block 32, City and Townsite of Aspen, located on West Hopkins Avenue between 48 and 58 Avenues on the south side of Hopkins (no address assigned). Legal Description and Street Address of Subject Property A rezolling of the property from R-15 (Moderate Density Residential) with PUD and Lodge Preservation Overlays) to R-6 (Medium Density Residential), and a lot split to create two separate residential lots to be developed in accordance with the provisions of Ordinance No. 06, Series of 2006. Written Description of the Site Specific Plan an(For Attachment Describing Plan City of Aspen. City Council, Ordinance No. 06, Series of 2006 approved on April 10, 2006. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 28.2006 Effective Date of Development Order (Same as date of publication of notice of approval.) April 28.2009 Expiration Date of Development Order (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 19th day of April, 2006, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director BOOMERANG LOT SPLIT S U E D 1 V i â‚¬ I ON EXEMPT i[ ON PLAT 0. - -1 OWNER S CER TR UI TE THAT PART OF LIM I 8 -O C -Â¥ h. NORTME._. O- I . D OF 'ME C TY U. 1 - /7 3 ; / ~1 ,-1 , 3 KNO~ ALL 1â‚¬M ~ Tbâ‚¬SE '*â‚¬SEhr S T* â€¢SPE, #SP Aan 'LC 6 TOWNSJ TE OF 'SPEN .ACCORD/,de To THE Â·378 RES';Â¥EÂ¥ 3. --!E 8,RE,'C OF _AND 1. L 1 . COMPAIrl N ~ MAN,~GEMENT 1 EXCEPT fhE Scb'HER V 2.> ~Er 'HERFO~ ,â€¢,0 ..E *-/ 55 ... f J. 6 , l./2 'MAT ~ART . lOTS A .' 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PL. 800,[ ;0 ' T â€¢AGE I .RE Â£ =00 goi'ING ...) 4 PI-KIN COUN. i Pâ€¢Â£,A~w, 0 0 r Wi&W,Z:=Mavi#701& COIYIUNITY !)EVE-0"Â·EN- APpRCIA_ DECe'GE@ 4 985 FBE#Ng'/7=43:7-FAM:N,li= ASPEN SURVEY ENGINEERS .C Z..C ' 6 2, SOUTH GALENA 5.667 SITE ~efole. 4 .4*9 'Â·A,- ....6,7 . ASPEN COLORADO Br 61, \ p -15% PIONE/~4'070 995Â·.6 0ArE * ri *.Â¥ED B. T. D'RECT. 05 7Â£ .,E~ P~......7 . T. PARKS DEPAR-MEN 9 FRO,A_ 6/06 .197<1 C-ER< g RECORDER S ACCEP-ANCE kis P.A' . -ME DOOPE- .~/ Su8DiviS iOM EXEMPTI ON 1- ACCEP 7ED ~OR 2006 ...1/6 I -Il .=ICE . -ME 'E. ....RDER OP P...... A~, Â·~ . Â»L ~ /7 * n ,7,1: re'rl't P- *,r.,- c 7 ~14 4.- 2'll' COUNTÂ¥ C./. AND .Cok.' d JOB No 29/970 â‚¬ P!01Â· Notes: l. This Boomererig Lot Split Subdivision Exemption Plar has been prepared pursuant to and in accordance vith City Council Ordinance Number 6 (Series of 20061. Planning and Zoning Commission Resolution Number 3-2006. and the Boomerang Lot bplit Subdivision Exemption Agreement recorded es Reception NO. , The lands affected by this Plof ore subject to the terms and conditions of said Ordinance and Resolution. and the terms ond conditions of the Subdivision Exemption Agreement. and by all opplicable Land Use Regulations of the City cf Aspen. Ihe terms an.d conditions of said Ordinance. said Re,olution. said Agreement. and of this Pic, shall run with the land as covenants burdening the ;ame. The previous approval; including PUD. Subdivision and any others associated with the subject progerty are hereby vacated. null end void for good ccuse found. and the provftions or this plat and the approval documents referenced above govern and are in place. 2. The Lots crected by the lot split shall be subject to the use and dimensionol requirements of the Medium-Density Residential (R-6) Zone District unless voriences are duly obtained. 3. Development of Lot 1 shall be limited to one (1) free market single-fomiiy residence. Development of Lot 2 shall be iimited to two (2) derached tree market residences (not to be developed in c duplex configuration). plus t.o (2} -for :ale- Accessory Dielling Unit/Carriage House units attached to ople- another (developed in a duplex configuration). All dimensions including allowable Floor Area and the manner in which ADU/Corriage Houses ore calculated. shall be a. spec,fied in the Aspen Land Use Code. cs may be amended from time to time. The area contained in the traiI easement shown on Lor 2. Ahereen, shcl! not be excluded from the land area used in the colculction of Lot Area. /Inor shall it in any nay affect setbacks. density. allo,able floor areo or any other /||dimensiopal requirements. 4. The ADU/Carriage House unit mitigatioa the Lot i development shall contain between 750 and 1200 square feet of net tiviible area and be located on Lot 2: the ADU/Corriaqe House mitigating the Lot 2 dave!.opment shall contain betieen 750 an3 1200 square feet of net livable area and be located on Lot 2. This mitigation will be acceptable mitigation for each of The residentic{ dwelling units to be constructed on Lots I and 2 of the lot spti: pursuant to Land Use Code Section 26.470.040[B)(11. as amended from time To time. 5. The Ftoor Area of the ADU/Carriage House units developed on Lot 2 shall be 100% exempt pursuant to Land Use Code Section 26.575.020{A)(6) In addition. the free-market residences 01 Lot 2 shall be entitled to a Floor Area bonus equal to 50% of the Floor Area in the ADU/Corriage House mitigatina the Lot 2 development pursuant to Land Use Code Section 26.575.020(*1(7). 6. All regidential dielling units (free market and affordable) to be constructed on Lots I and 2 shall meet the residential design standards in place at the time of building permit. unless any Yarionce(s) is duly obtained. In addition. the ADU/Corridge House units on Lot 2 Iholl also meet the ADU Design Standards contained in Section 26.520.050 of the Code. unless any variance(s) is duly obtained. 7. Vehicul:r access to Lot I shall be taken from the South Fourth Street stub located directly to the east of the property. Vehicular access to Lot 2 shall be token from West Hopkins Avenue vic a single curb cut. The residential units on Lot 2 sha!1 shore o single drivewoy and the curb cut shail be desigrled and constructed such thet it viil not provide c net ioss in on-street parking in :he W. HopiOns Avenue R:ght-of-Wo~ (it mcy be necessÂ·cry to reconstruct and realign a Â¥K: t;7?V::c; h.:c;~ ,~'; l~~ i~' m~~~ |~ <1~*& i:yt Brt~ ~~ ~~,fi~~ ~~~a ,~~i~~n~fsel:i: ~5:;~SP?: ~;ng). drive ramps. Both driveway entrance point: shall De i. subsfant:Glly the some location as they are shown hereon 8. There shall be no further subdivision (except condominiumization) of either lot in the Boomerang Lot Split without approval(s) from the City of Aspen. RESOLUTION N0. 3 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE THE VACANT"BOOMERANG PARCEL" TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT AND APPROVE A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-66-001 WHEREAS, the Community Development Department received an application from Aspen FSP-ABR, LLC, requesting to rezone the vacant "Boomerang Parcel" containing portions of Lots A-I, Block 32, City and Townsite of Aspen from the R-15 (Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay to the R-6 (Medium-Density Residential) Zone District and requesting approval of a Lot Split to divide the 19,737 square foot property into a parcel of approximately 7,500 square feet and a parcel o f approximately 12,237 square feet; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval with condition of the proposed rezoning and lot split application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on January 24, 2006, the Planning and Zoning Commission approved Resolution No. 3, Series of 2006, by a five to one (5-1) vote, recommending that City Council rezone the subject property to the R-6 Zone District, and recommending that City Council approve the requested lot split with conditions; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval o f the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council rezone the vacant "Boomerang Parcel" containing portions of Lots A-I, Block 32, City and Townsite of Aspen, from the R-15 1 (Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay to the R-6 (Medium-Density Residential) Zone District. Section 2: Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(A)(2), Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the vacant "Boomerang Parcel" into Lot 1 of approximately 7,500 square feet and Lot 2 of approximately 12,237 square feet for the construction of a total of three (3) delached dwelling units, with the conditions contained herein. Lot 1 is limited to one (1) single family residence of 3,450 square feet and Lot 2 is limited to two (2) detached residences totaling 4,274 square feet. Section 3: Subdivision Exemption Plat The Applicant shall submit and record a subdivision exemption plat that meets the terms of Land Use Code Section 26.480 in the office o f the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. Furthermore, the Lot Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2 and show all easements of record. Section 4: Subdivision Exemption Agreement The Applicant shall submit and record a subdivision exemption agreement that meets the terms of Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and Recorder no later than 180 days after final approval is obtained. Section 5: Building Permit Application The building permit application for each of the residential units shall include the following: 1. A copy of the final Ordinance and P&Z Resolution. 2. The conditions of approval printed on the cover page of the building permit set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District. 4. 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. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. Additionally, a right-of-way landscaping plan shall be provided as part of the building permit application identifying that any trees removed from the right-of-way will have to be relocated. Any disruption or damage to the right-of-way irrigation system during construction shall also be repaired to the satisfaction o f the Parks Department. 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. 6. A construction management plan pursuant to the requirements. The construction management plan shall include a plan for protecting the Midland and W. Hopkins Avenue Trails during construction. This plan shall be reviewed and approved by the Parks Department prior to building permit issuance. 7. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. Section 6: Growth Management Allotments The Applicant shall obtain administrative growth management approval and provide affordable housing mitigation by enacting one of the acceptable mitigation measures for each of the three (3) residential dwelling units to be constructed on Lots 1 and 2 of the lot split pursuant to Land Use Code Section 26,470,040(B)(1), Administrative Growth Management Review: Detached single-family or duplex dwelling units, as amended from time to time. Any ADU to be constructed on Lots 1 and 2 shall meet the ADU design standards set forth in Land Use Code Section 26.520.050, ADU Design Standards. Section 7: Use and Dimensional Requirements The lots created by the lot split shall be subject to the use and dimensional requirements of the R-6 (Medium Density Residential) Zone District. The residential dwelling units to be developed on Lot 2 shall be constructed as two (2) detached dwelling units rather than an attached duplex configuration as is proposed by the application. Section 8: Residential Design Standards All residential dwelling units to be constructed on Lots 1 and 2 shall meet the residential design standards in place at the time ofbuilding permit. Section 9: Vehicular Access Vehicular access to Lot 1 shall be taken from the South Fourth Street stub located directly to the east ofthe property. There shall not be any vegetation taller than 30 inches from existing grade planted within the area fifteen (15) feet south or north of the driveway to be accessed from 4th Street, at the property line or in the public right-of-way to maintain a sufficient view corridor for trail users to see vehicles crossing the trait The Applicant shall also relocate the existing Midland Trail sign to the south side of the driveway and attach a new sign on the backside of the Midland Trail sign indicating the presence of the driveways crossing the trail to trail users, Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut. The residential units on Lot 2 shall share a single driveway and the curb cut that shall be located such that it will not provide a net loss in on-street parking in the W. Hopkins Avenue Right-of-Way. The driveway access shall meet the City Engineering Department' s standards for drive ramps. The driveway entrance points shall be in substantially the same location as they are shown in the addendum to the application. Section 10: Curb and Gutter The Applicant shall construct curb and gutter along the West Hopkins Avenue frontage of the property being divided prior to issuance o f a certificate o f occupancy for any o f the units in the project. The timing of this installation may be changed if approved by the City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the Applicant shall repair the trail to the condition it was in prior to construction. The radii of the curb cut shall be the minimal that functions for its purpose as a driveway. The applicants shall work with the Community Development Engineer to determine an appropriate sizing. Section 11: Trail Easement The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen along the western side property line of Lot 2 and on the westernmost 90 feet of Lot 2, running directly adjacent to the southern property line. A slightly wider easement shall be granted at the southwest corner of Lot 2 to allow for a moderate turning radius on the trail. The exact location of this easement shall be approved by the Parks Department prior to recordation of the final subdivision exemption plat. This easement shall be shown on the subdivision exemption plat and shall be described in the subdivision exemption agreement. Section 12: Landscaping The Applicant shall install a tree root barrier on the trees that are to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: 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 drip line. Section 13: Soil Subsidence and Rock Fall Hazards The Applicant shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is suitable to handle the proposed development. The Applicant shall also submit a report from a qualified, licensed engineer demonstrating that rock fall from the slope above the proposed development will be sufficiently mitigated to prevent rock fall hazards. This report shall be submitted for review by the Community Development Department prior to the issuance of full structural building permits. Section 14: Fire Mitigation The Applicant shall install a fire sprinkler system that meets the requirements of the Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of charcoal grills shall be prohibited in this development because of fire danger concerns. This prohibition shall be included in the HOA documents for the development. Section 15: Aspen Consolidated Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. Section 16: Park Development Impact Fees Park Development Impact Fees shall be assessed on each residential unit constructed on Lots 1 and 2 at the time of building permit issuance. The park development impact fees shall be calculated by the City Zoning Officer at the time of building permit issuance using the fee schedule in place at said time. Section 17: School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code Section 26.630, School Lands Dedication, and. a proportionate amount of all applicable impact fees shall be due at the time of building permit issuance for each residence within the lot split. Section 18: Exterior Lighting All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 19: Previous Approvals Upon recordation of the subdivision exemption plat, the previous lodge approvals will become null and void. Section 20: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as i f fully set forth herein, unless amended by an authorized entity. Section 21: 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 22: 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 24th day of January, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: _Ov 1.1 4- Jabnlit.QUAÂ»c, City Attorney Jasmine Tygre, Chair U U ATTEST: Â»4 7.. Olnekie Lothian, Deputy City Clerk