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HomeMy WebLinkAboutagenda.council.special.20091117NOTICE OF SPECIAL MEETING At the request of Mayor Ireland, there will be a special City Council meeting Tuesday, November 17, 2009, at 4:00 p.m., City Council Chambers, 130 South Galena, Aspen, Colorado. The agenda for that meeting is: Resolution #96, 2009 -Extension of Vested Rights -South Aspen Street {athryn S. Koch, City Cler Notices delivered to: Mayor Ireland Councihnan Johnson Councilman Skadron Councilman Romero Councihnan Tone John Worcester, city attorney Steve Barwick, city manager MEMORANDUM TO: Mayor Ireland and Aspen City Council /'~ THRU: Chris Bendon, Community Development Director / ~VA,~ RE: South Aspen Street Subdivision/PUD -Extension of Vested Rights Resolution 96, Series 2009. Public Hearing (continued from November 9, 2009) HEARING DATE: November 17, 2009 SUMMARY: This item was continued from the November 9, 2009, regulaz meeting to tonight's special meeting. Attached is the staff report from November 9th. The Applicant has provided an additional exhibit, attached. ~" JW`0~fl~ Mayor Mick Ireland and City Council (VIA EMAIL) November 11, 2009 ~cl'Gnq~S~ti~~.. of VC~~Ct~/~tyivt~s Dear Mayor Ireland and City Councilmen, This letter is intended as further information as to why Aspen Land Fund II (ALF) has requested an extension of the vested rights for the town homes pursuant to Ordinance 32, Series of 2003. Unfortunately, neither of the currently proposed options of staff for a limited extension of those rights would permit ALF to continue to pursue the hotel project that seems to be making such good progress. As has been widely publicized, ALF is currently negotiating with its lender for a renewal of its existing loan. That loan was made based on the value of the ALF land with the town home approvals in place. Currently those vested rights expire in January of 2011. However, in order to perfect those rights, wnsiderable work to begin the construction of the town homes must be done and that will take many months (about a year) and millions of dollars. In addition to this situation, the possible hotel approval pror_ess will extend into next year even for just the City Council review. If and when the hotel project receives its final approvals, it will take many, many months to complete the architectural drawings necessary to record the final plat. Likewise, the drafting of the final subdivision agreements will require many months of work. In a project of this complexity, just these time frames could reasonably take 18 to 24 months subsequent to final approvals to complete. Finally, once the new project is approved, fully platted and all necessarf agreements are in place with the City; it will take considerable time to find and secure financing for the project to proceed. All those elements must be in place for the major financing to be committed and it is widely accepted that commercial real estate lending of this sort will not be available for a number of years into the future. Due to all these factors, our lender has made it one of the conditions for the possible extension of our loan for ALF to secure at least a 3 year extension of the current town home vested rights. Otherwise, work would have to begin on the town home construction in the very near future. We have requested a five year extension as we believe that would provide even a more appropriate amount of time to accomplish all the substantial work noted above and we avill be available to discuss all this in detail with you next Tuesday, November 17 at 4. We and the community have devoted a great deal of time and effort to finding the right balance of many factors to bring a new appropriately sized hotel to the base of Aspen Mountain and this extension is an essential component of that ongoing process. We very much appreciate all those efforts thus far and lock forward to continuing to work with you toward that goal. Sincer y, hn Sarpa Aspen Land Fund II Authorized Signatory MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director C~ RE: South Aspen Street Subdivisioa/PUD -Extension` of Vested Rights Resolution - ~, Series 2009. Public Hearing HEARING DATE: November 9, 2009 SUMMARY: The Applicant, Aspen Land Fund II, requests an extension of the vested rights for an approved residential townhome project to January 28, 2016 - a 5-year addition to the current expiration date of January 28, 2011. The project was originally approved in 2003 and consists of fourteen (14) free-market residential units and seventeen (17) affordable housing units in a townhome configuration. The project is commonly referred to as the "townhomes project." The townhomes project was put on hold by the landowner in order to pursue a lodging and fractional ownership project. A lodging/fractional ownership project on this property is currently being reviewed under the City's COWOP process -the Lodge at Aspen Mountain COWOP. This process is currently scheduled to conclude task force review on November 18`h, although additional meetings are likely to be necessary prior to City Council starting their review. City Council's review of the COWOP recommendation is tentatively scheduled for Winter/Spring of 2010. The vested rights for the townhomes project have been extended before, always in recognition of a pending application for lodging on this property. Staff has supported the prior requests for extension believing that a lodging development will provide greater community benefit in this location than a residential development. Staff supports the continued pursuit of a lodging development on this site. Staff questions the need to extend the townhome approvals until 2016 and is not supporting the extension as requested. Staff is not basing the recommendation on the financial circumstances of the Applicant. The Applicant and representatives from the Applicant's bank will be at the meeting to discuss financial realities and limitations on the continued discussion of a lodge on this property. Certain scenarios may cause the Applicant to cease pursuit of the lodge application. Staff does recommend extending the vested rights in a manner that enables the lodging/fractional ownership application to proceed. Staff proposes two conditional extension options for City Council consideration: Extension of the vested rights until such time as the COWOP application is decided. If the COWOP application is approved, the townhomes approvals would be vacated and replaced with a vested approval for a lodging development. If the COWOP application is denied, or withdrawn, the vested rights for the townhomes would continue to be valid through the current expiration date of January 28, 2011. 2. Extension of the vested rights to provide a 6-month buffer commensurate with the continued review of the lodging development. The expiration date for the townhomes would continually move with the continued pursuit of the lodging application. If the lodging application is approved, the townhomes approvals would be vacated and replaced with a vested approval for a lodging development (as in #1). If the lodging application is denied or withdrawn, the vested rights for the townhomes would expire 6 months from the denial or withdrawal date, but not prior to Januazy 28, 2011. Notes: a. The actual time buffer in option number 2 could be amended to address the concerns of the Applicant and bank. There aze practical time considerations involved in restarting a dormant construction project. b. The effective date of vacating the townhomes vested right could be decided concurrent with an ordinance approving a lodging development and does not necessarily need to be decided with this extension. Staff has drafted a resolution for the request as submitted -extending the vested rights through 2016. Staff is recommending this resolution not be adopted. Staff has drafted language in Exhibit A that would implement the two options described above. If City Council pursues one of these options, the resolution will need to be amended. This can happen by motion at the hearing. APPLICANT /OWNER: Aspen Land Fund II, LLC. John Sarpa, Authorized Agent. REPRESENTATIVE: Sunny Vann, Vann Associates, LLC. LOCATION: Parcels 1, 2 and 3 of the South Aspen Subdivision. Located along the west side of South Aspen Street neaz the base of Aspen Mountain between the Shadow Mountain Townhomes to the South and the Timberidge Condominiums and the Lift One Condominiums to the North. RECOMMENDATION: Staff recommends that the City Council not approve the requested extension of vested property rights. Staff recommends City Council consider two options proposed by staff that may enable the continued pursuit of the lodging/fractional ownership application on this site. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE: "I move to approve Resolution No.~, Series of 2009, extending until January 28, 2016, the statutory vested rights for the South Aspen Subdivision/PUD." CITY MANAGER'S COMMENTS: ATTACHMENTS: Proposed Resolution No.1~, Series of 2009. Exhibit A -Two options for conditional extension Exhibit B -Application RESOLUTION NO.~ (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a five-yeaz extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved asubdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009, and then via resolution No. 9, Series of 2009, to January 28, 2011; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of City Council Resolution No. _, Series of 2009. Page 1 vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section L• The Aspen City Council does hereby extend to January 28, 2016, the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for pazcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: 1. The statutory vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. Secfion 2• Due to the Applicant's voluntary participation in the COWOP process for alodging / fractional ownership development on this site and its suspension to date of the building permit process for the townhomes project, the Applicant in its discretion may reactivate its building pemut application at any time prior to the expiration date described above. Section 3• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the City Council, aze 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 ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 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. City Council Resolution No. _, Series of 2009. Page 2 Section 6• A duly noticed public hearing on this Resolution was held on the 9s' day of November, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by a to vote on this day of , 2009. Approved as to form: John P. Worcester, City Attorney Approved as to content: Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk City Council Resolution No. , Series of 2009. Page 3 Exhibit A OAtion #1 Section 1: The Aspen City Council does hereby conditionally extend the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for pazcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following conditions: 1. This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. The statutory vested rights are extended for the period of time during which a land use application (the "COWOP" application) for lodging and/or fractional ownership uses is actively being pursued by the landowner. In the event the "COWOP" land use application for a lodging/fractional ownership development on this property is approved and becomes a vested property right, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall be vacated and considered null and void. In the event the "COWOP" land use application for alodging/fractional ownership development on this property is not approved or is withdrawn, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid through January 28, 2011, and shall not be considered extended via this resolution. A six-month period of inactivity shall constitute a withdrawal of the application. 2. The statutory vested property right shall not preclude the applications or regulations which aze general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. Option #2 Section 1• The Aspen City Council does hereby conditionally extend the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for pazcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following conditions: This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. In the event the "COWOP" land use application for alodging/fractional ownership development on this property is approved and becomes a vested property right, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall be vacated and considered null and void. In the event the "COWOP" land use application for a lodging/fractional ownership development on this property is not approved or is withdrawn, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid for six additional months from the date of such denial or withdrawal or through January 28, 2011, whichever date is later. A six-month period of inactivity shall constitute a withdrawal of the application. 2. The statutory vested property right shall not preclude the applications or regulations which aze general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. VANN ASSOCIATES, LLC Planning Consultants October 23, 2009 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 C~rb;E 13 R~~F~~F ~~~, !~ ~ cry r~ 1G.. gNMUN~ry ~~ JN N °~io~FNr Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: As we discussed earlier today, Aspen Land Fund II, LLC ("ALF") wishes to amend its requested vested rights extension application for the South Aspen Street Subdivi- sion/PUD project. A three (3) year extension was requested in ALF's October 7, 2009 application. As a result of further discussions with their primary lender, a five (5) year extension will now be required as a part of their renegotiated loan. It is my understanding that ALF is prepared to discuss the new requirement at the November 9 City Council meeting. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN ASSOCIATES. LLC AICP SV cc: John Sarpa, Aspen Land Fund II, LLC c: \oldc\bus\city.ItrUtr45303. c65 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 VANN ASSOCIATES, LLC Planning Consultants October 7, 2009 HAND DELIVERED Mr. Chris Bendon Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RECEIVED ~cr is Zoos CI I Y Vr riJ1~+tN COMMUNITY ~LOPMENT Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the South Aspen Street Subdivision/PUD, afree market residential/affordable housing project which has been approved for development on three parcels of land located on the west side of South Aspen Street near the base of Aspen Mountain (see Exhibit 1, Pre- Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.308.O10.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (hereinaf- ter "Applicant"), a Colorado limited liability company (see Exhibit 2, Title Commit- ment). Permission for Vann Associates, LLC, to represent the Applicant is attached as Exhibit 3. Aland use application form, application fee agreement, and a list of properly owners located within three hundred feet of the project site are attached as Exhibits 4, 5 and 6, respectively. Final PUD approval was granted by the City Council on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003 (see Exhibit 7). As a consequence of several prior extensions granted by City Council, the approval is currently vested until January 28, 2011. The most recent extension was approved pursuant to Resolution No. 9, Series of 2009 (see Exhibit 8). The original vested rights extensions were granted to accommodate the City's review of an alternative project for the property and the Applicant's participation in the Lift One Neighborhood Master Plan COWOP process. On January 14, 2009, a motion to approve Ordinance No. 34, Series of 2008, granting approval to the Lift One Neigh- borhood Master Plan, and granting all required land use approvals with respect thereto, resulted in a 2 to 2 tie vote. A subsequent motion to refer the project to the 230 East Hopkins Ave. Aspen, Colorado 81611 970/925-6958 Fax 970/920-9310 Mr. Chris Bendon October 7, 2009 Page 2 Aspen electorate passed 3 to 1, and a ballot question was scheduled for the May 2009 general election. The most recent vested rights extension was granted to accommo- date the May election and the Applicant's need to complete the building permit process for the residential project should the ballot question fail. In June of 2009, the Lift One Lodge applicant decided not to proceed with the then existing COWOP process. Anew COWOP process was subsequently established by the City Council to consider revisions to the Applicant's proposed Lodge at Aspen Mountain project. The new COWOP process, which includes both the City and [he Aspen Skiing Company, is presently ongoing. As presently envisioned, that process is expected to end later this year. The COWOP's recommendations will then be forwarded to the City Council for review and approval. In the event the proposed lodge project is approved, the Applicant will terminate the South Aspen Street Subdivision/PUD approval in connection with the recordation of the lodge project's PUD agreement and associated documents. As you are aware, the Applicant has filed for Chapter 11 bankruptcy protection to permit the renegotiation of its loan with its primary lender. In connection with the renegotiation, the lender has indicated that a further extension of the South Aspen Street Subdivision/PUD's vested rights will be required. As the new COWOP process is ongoing, and the lender is requiring a further extension of the residential project's vested rights to collateralize any renegotiated loan, the Applicant requests an additional three (3) year vested rights extension. If approved, the new deadline for the expiration of the residential project's vested rights would be January 28, 2014. This amount of time for the extension is driven primarily by the continuing weak + ?~ commercial credit markets. ~~• Pursuant to Section 26.308.OIO.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. All of these instruments were recorded on April 25, 2007. Mr. Chris Bendon October 7, 2009 Page 3 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The City's review of the building permit application for the residential project was in progress when it was allowed to become dormant pursuant to Resolu- tion No. 9, Series of 2008 to permit the Applicant's participation in the Lift One COWOP process. The Applicant, however, was permitted to reactivate the building permit process at any time prior to the July 28, 2009 vested rights expiration date. The deadline for reactivation of the building permit was extended to January 28, 2011 pursuant to Resolution No. 9, Series of 2009. Prior to the Resolution's adoption, the Applicant made diligent efforts to obtain the requisite building permits for the project. These efforts included, inter a[ia, the preparation and recording of all necessary PUD documentation, the development of final architectural and engineering plans and specifications, additional environmental testing and monitoring, the demolition of the Mine Dump Apartments, and the submittal of various building permit applications and related materials to the City's Building Department. Aggregate expendi- tures made by the Applicant in connection therewith pursuing the project are in the range of $3,000,000.00. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. Permit and impact fees paid to date by the Applicant to the City in connection with the project amount to approximately $270,000.00. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. No community benefit would result by requiring the Applicant to obtain a building permit and commence construction of the residential project when the preferred alternative is a new mutually acceptable hotel. Both the City and the Applicant would best be served by the granting of the requested extension of the residential project's vested rights. An extension will accommodate the completion of the ongoing COWOP process and the City Council's consideration of its recommendations without unnecessarily burdening both the Applicant and the City with the resumed processing of the residential project's building permit application. Given the Mr. Chris Bendon October 7, 2009 Page 4 Applicant's voluntary participation in the COWOP process, and its suspension to date of the building permit process, fundamental fairness also supports the requested extension. The Applicant, in its sole discretion, however, may rein- state its building permit process at any time prior to January 28, 2014 in the event the current extension is approved. Should you have any questions, or require additional information, please do not hesitate to call. Your scheduling of this application for consideration by the City Council at its November 9, 2009 meeting would be sincerely appreciated. Yours truly, VANN ASSOCIATES, LLC AICP SV:cwv Attachments cc: John Sarpa Arthur C. Daily, Esq. d:\oldc\bus\city.app\app45303.ez4 EXHIBIT CITY OF ASPEN / PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5090 DATE: 10.8.2009 PROJECT: South Aspen Street PUD Vested Rights Extension , REPRESENTATIVE: Sunny Vann DESCRIPTION: The applicant would like to extend the vested rights that were originally granted to the South Aspen Street PUD in Ordinance No. 32, Series of 2003.The applicant has extended the vested rights in previous applications in conjunction with pursuing a lodging project on the site. A COWOP process is currently underway considering a lodging project on this site. The Applicant has indicated a desire to extend the vested rights to provide additional time necessary to sustain their financing. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.308.070 C. Extension or Reinstatement of Vested Rights http://www.aspenpitkin.comldepts138/citycode.cfm Review By: Staff for complete application and recommendation. City Council for final decision. Public Hearing: Yes at City Council Planning Fees: $1,470.00 Deposit for 6 hours of staff time. Additional staff time is billed at $245 /hour. Total Deposit: $1,470.00 Total Number of Application Copies: 10 Copies To apply, submit the following information ^ Proof of ownership with payment. ^ Signed fee agreement and deposit ^ 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. ^ 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. ^ 10 Copies of the complete application packet and maps. ^ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. ^ 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. List of adjacent property owners within 300' for public hearing ^ Copies of prior approvals. ^ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ,~~~~~ EXHIBIT 2 ALTA Commitment For Title Insurance American land Title Assodation ~~) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPHINS AVE. 3~FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-wince@sopris.net TJ Davis-tjd@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) il~ss~u~ed~By ~"~°'°~ Aome Office: 101 Gateway Cents Pmkmay, Gateway One Richmond, Virginia 237355153 1-800-446-7086 B 1004-268 COMMITMENT FOR TITLE INSURANCE SCHEDLTI.E A 1. Effective Date: March 6, 2006 at 8:00 AM 2. Poicy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Proposedlnsured: Case No. PCT15438PR2 Amount$ 0.00 Premium$ 0.00 Rate: (b) ALTA Loan Policy-Form 1992 Proposed Insured: (c) ALTA Loan Policy-Form 1992 Proposed Insured: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND II LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the Counly of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" P171CIId COUNIY T1T'L$ INC 601 £ HOPKINS, ASPIN, CO.61611 970-925-1766Phone/ 970.9?5-657/ Fax 877-217-3156 Toll Free AUTHORIZED AGENT' Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularty described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southedy right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75°09'11" E 330 feet to the Westery right of way line of Aspen Street: thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75°09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Gannisch Street N 14°50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of--way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Gannisch Street; thence along said right-of-way line of Gartnisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS Block 6, F~.MES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Gannisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way Tine of Dean Avenue S 75°09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen SVeet S 14°50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75°09'11" W 330 feet, more or less to the Easterly right of way line of Gannisch Street; thence along said right of way line of Gannisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Eastedy right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West o1 the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less; thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westedy rightof--way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said dght-of-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeastedy right-of-way line of Garmisch Street; thence along said right-of--way line of Gannisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2: That portion of the Northeast one-quarter of the Northeast one-quarter (Lot 1) of Section 13, Township 10 South, Range 65 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75°09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75°09'11" E 150.00 feet; thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly comer of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14°50'49" E 78.00 feet; thence S 75°09'11" E 31.25 feet to the point of beginning. AND Lots 7, 8, 9, 10, 11 and 12, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows: Beginning at the Northwesterly comer of said Lot 7; thence S 75°09'11" E 180.00 feet along the Northerty boundary line of said Block 11; thence S 14°50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75°09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest wmer of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55° E a distance of 0.7 feet; thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest comer of said Lot 7, also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547; thence S 75°09'11" E along the Northery line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast comer of said Block 11, a rebar and cap PLS # 29030; thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westedy right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030; thence N 75°09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of beginning. AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. EXHIBIT January 14, 2009 Mr. Chris Bendon, Director Community Development Depaztment 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Deaz Mr. Bendon: RE~Ej~E p acs i s zoos C11 r ~r C~UNI TMD~LDp~~N.~ "~[IYI Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to al] matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company c: \oldc\bus\city.ltr\1tr45303. cb4 LAND USE APPLICATION APPLICANT: ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) Name: Location: Se~E T1fG~ (Indicate street address, lot & block number, le¢al description where appropriate) , ~ o OT ~ REPRESENTATIVE' ` /X ~~~~ ~~ _ ~ Name: y^7/~~ "~~~ u.~i'~~ u•~ ~ f,~T o _ rn Address: Z.~ ~ ff /~GY9'`T~~fS~ .s~~ G~ ~~C~~ _-~ Phone #: ~i Sr- G t`S~ PROJECT: Name: Address: Phone #: -~r~-8 3~ TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Special Review ^ Design Review Appeal ^ GMQS Allotment ^ GMQS Exemption ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Lot Split ^ Lot Line Adjustment EXISTING CONDITIONS: (description EXHIBIT ^ Conceptual Historic Devt. ^ Final Historic Development ^ Minor Historic Devt. ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion ^ Temporary Use [~ Other: ^ Text/Map Amendment ~~~Eh /'~~ PROPOSAL: Havyyou attached the following? FEES DUE: $ ~' e-Application Conference Summary ~[tachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form [v]'~esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A¢reement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~ ~ ~~~ ~~'~~ GG C ~ (hereinafter APPLICANT) AGREE AS FOLLOWS: ~< ~ c C~'~y 1. APPL~IrC~AN.Tr h~as subm~itte~d tQ,C~Y~ap lication T ~ , . ^ ~~5~ ~~~+.~'7'/f GX ~~7V ~R v l~ ~ T° rn (hereinafter, THE PROJECT). Z ~ 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of v 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 agees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they aze 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 fmdings 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 et~~!!n~tination of applicat on completeness, APPLICANT shall pay an initial deposit in the amount of $~~7awhich is for ~ hours of Community Development staff time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director g:\su ppo rt\to rms\agrpayas.d oc 11/30/04 l Billing Address and Telephone Number: Required S~-8~3G ~S Si`~'v~i ~SGYT~ 3c/ .cr~~r~ Go g/ ~ ~/ s Easy Peel® Labels Use Avery® Template 5160® 124 E DURANT AVENUE LLC GO WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALYEMENI MOHAMMED 8 ALICE 3109 OAKMONT DR STATESVILLE,NC 28625 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 EXHIBIT ~ ~ Bend along Bne to ~ ~ ~ Peed Paper expose PopUp EdgeTM ~ 205 EAST DURANT 1B LLC 603 SOUTH GARMISCH LLP , 205 E DURANT 1 B 603 S GARMISCH ST ASPEN, CO 81611 ASPEN, CO 61611 APRIL FAMILY TRUST ASPEN KABINN LLC 3501 S 154TH ST GO NIKE COMMININA KAMINER WICHITA, KS 67232-9426 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 BARGEE MARY K LIV TRUST BASMA AKRAM 8 NADA 625 SKYLINE DR 6318 23RD ST NW CODY. WY 82414 BOCA RATON, FL 33434 BIEL ALEXANDER L R LEE M BILLINGSLEY FAMILY LP 381 LOVELL AVE 1206 N WALTON BLVD MILL VALLEY, CA 94941 BENTONVILLE, AR 72712 BLUE LLOYD JR BRENNAN JOHN PATRICK PLEAS ALEXA 31 TRAINORS LANDING PO 8OX 1569 ASPEN, CO 81611 GRAYTON BEACH, FL 32459 BRIGHT GALEN 205 E DURANT AVE #3D ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT.TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BROW N JAMES R JR 195 HUDSON ST #48 NEW YORK, NY 10013 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223.1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CABELLJOE 1765 ALA MOANA BLVD HONOLULU, HI 96815 GASPER MARY LYNN 124 E DURANT #4 ASPEN, CO 81611 CHIATE PROPERTIES LLC 20628 ROCKCROFT DR MALIBU, CA 90265-5342 CHILES DWIGHT CHRISTENSEN CINDY CHU FAMILY TRUST 113 JUAN ST 109 JUAN ST 38 CORMORANT CIR ASPEN, CO 81611 ASPEN, CO 81611 NEWPORT BEACH, CA 92660 Easy Peel® Labels ~ ~ ~ Bend along line to ~ ~ /~~~® 5160® i Use Avery®Template 5160® ~ Feed Paper expose Pop-Up EdgeTM j ~ CITY OF ASPEN COPE SHADOW MOUNTAIN LP CROW MARGERY K & PETER D ATTN FINANCE DEPT 419 WINNEBAGO DR 46103 HIGHWAY 6 & 24 130 S GALENA ST JANESVILLE, WI 53545 GLENWOOD SPRINGS, CO 81601 ASPEN, CO 81611 CYS RICHARD L AND KAREN L CZAJKOWSKI MICHAEL DANCING BEAR LAND LLC 5301 CHAMBERLIN AVE CZAJKOWSKI SANDRA J p0 BOX 571 CHEW CHASE, MD 20815 90 LA SALLE ST APT 16G ASPEN, CO 81612 NEW YORK, NY 10027 DAVIS CAROL L DAYBREAK ASPEN LLC DOLINSEK JOHN 7838 HILLMONT ST 22 PERKINS RD 619 S MONARCH ST HOUSTON, TX 77040-6108 GREENWICH, CT 06830 ASPEN, CO 81611 DONCER ASPEN LP DUNN STEVEN G EAST JAMES COLLIER TRUSTEE 9651 W 196TH ST 107 JUAN ST 5800 R ST MOKENA, IL 60448 ASPEN, CO 81611 LITTLE ROCK, AR 72207 ELDER TRUST ELLIS JAMES BYRON ELLIS PAUL DAVID ELDER JERRY TRUSTEE 17 1/2 FLEET ST 100 E DEAN ST #2F PO BOX 308 MARINA DEL REY, CA 90292 ASPEN, CO 81611 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M 8 JUDITH G EVANS DAVID COURTNEY FALL CREEK CONSTRUCTION LLC 701 S MONARCH ST #2 PO BOX 952 PO BOX 10420 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 FARR BRUCE K & GAIL H FAULKNER JOHN L FELDMAN SELMA PO BOX 4844 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 ANNAPOLIS, MD 21403 ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 FLETCHER JAY R FREIRICH MARK A FRIEDKIN THOMAS H 8 SUSAN J PO BOX 3476 PO BOX 774056 PO BOX 1116 ASPEN, CO 81612 STEAMBOAT SPRINGS, CO 80477 RANCHO S,^.NTA FE, CA 95067 GARMISCH LLC GILBERT DONALD C 2004 TRUST GILLESPIE JOHN E REV TRUST C/O MIE PROPERTIES 67 TURTLE BACK RD S 775 GULFSIIORE DR #4219 2560 LORD BALTIMORE DR NEW CANAAN, CT 06840 DESTIN, FL 32541 WINDSOR MILL, MD 21244 GINSBURG ANNE C 8 ROBERT 8 GLICKMAN EDWIN C GOLDSMITii ADAM D 7933 YORKSHIRE CT 2322 LAZY O RD SMITH RONA K BOCA RATON, FL 33496-1323 SNOW MASS, CO 81654 PO BOX 9069 ASPEN, CO 81612 Etiquettes fatiles ~ peter ~ Bepliez 31a Fwchure afin de ; 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S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 SCHAYER CHARLES M III 2601 S QUEBEC #17 DENVER, CO 80231 SEMRAU TIMOTHY & HEIDI ROBBIN 58 TRAINORS LANDING RD" ASPEN, CO 81611 SHADOW MTN AERIE PTNRSHP LLP 21 BRIARCLIFF RD LARCHMONT, NY 10538 SHINE FAMILY LLC 8677 LOGO 7 COURT INDIANAPOLIS, IN 46219-1430 €tiquettes faciles ~ peter Utilisez le gabarit AVERY® 5160® SCHAINUCK LEWIS 18 MICHELLE T SCHAPIRO MARC 8 PATRICIA 2900 OCEAN BLVD 1685 TAMARAC DR CORONA DE MAR, CA 92625 GOLDEN, CO 80401 SCHERER ROBERT P TRUST SCHUMACHER JUDY M 239 GILBERT ST 0115 GLEN EAGLES DR ASPEN, CO 81611 ASPEN, CO 81611 SEVERY CHARLES LAMB 9.87% SEVERY FAMILY TRUST 70.39% 30 DEXTER ST 1077 RACE ST APT 1004 DENVER, CO 80220 DENVER, CO 80206-2829 SHEFFER DOUGLAS & BARBARA SHENK ROBERT D PO BOX 2763 0326 HWY 133, STE 120 BASALT. CO 81621 CARBONDALE, CO 81623 SILVER SHADOW AKA 651 MONARCH SILVERMAN MARC A & MARILYN L CONDO ASSOC 937 DALE RD 651 MONARCH MEADOWBROOK, PA 19046 ASPEN, CO 81611 Sens de Repliez 31a hachure afin tle { www.averycotn charoement r~v~ler le rebord Pop•UpTM i 1-800-GO-AVERY Easy Peel® Labels ~ A ~ Bend along line to ~ ~ A~~® 5150® ~ Use Avery® Template 5160® ~ Feed Paper expose Pop-Up EdgeTM ~ 1 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS, IN 46260-1778 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 SM-15 SEELBACH W ILLIA - C!O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 SPRING LANE INVESTMENTS LLC 8 OAK LAKE DR BARRINGTON, IL 60010.5914 STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 81611-3813 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SOUTHPOINT-SUMNER CORP 3940 7TH AVE #212 SAN DIEGO, CA 92103 STANTONJAMES C/O WORLD-WIDE HOLDINGS CORP 950 THIRD AVE 18TH FL NEW YORK, NY 10022 STEINER DONALD R BULKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 SPAULDING RICHARD W 8 THOMPSON ELEANOR M 200 WHEELER RD 2FL BURLINGTON, MA 01803 STAPLETON DAVID W 206 E DEAN ST #2A ASPEN, CO 81611 STONE FAMILY TRUST 1THROCKMORTONLN MILL VALLEY. CA 94941 STRAW BRIDGE GEORGE JR 3801 KENNETT PKE BLDG #8-100 WILMINGTON, DE 19807 STUART FAMILY TRUST 1 CASTLEWOOD CT NASHVILLE, TN 37215-4617 SZYMANSKI WILLIAM R & LYNNE E 131 E DURANT AV #409 ASPEN, CO 81611 TAROCH HOLDINGS LTD 315 E HYMAN AVE #305 ASPEN, CO 81611-2909 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 TOWNE PLACE OF ASPEN CONDO ASSOCINC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 TAYLOR ELAINE D W301 N9430 COUNTY TRUNK E HARTLAND, WI 53029 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TUCKER TIMOTHY H 8 PATRICIA A 809 S ASPEN ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT 8 BEVERLY J PO BOX 189 LONE PINE, CA 93545 TELEMARK APARTMENT 2 LLC CIO ANDREW HILL 20351 NE 61ST CT REDMOND, WA 98053 TOLLEFSON JON S 8 JOANN M 38 TRAINORS LANDING ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000E 12TH AVE BOX 8 DENVER, CO 80206 Etiquettes faciles ~ peter ; ~ Repliez ~ la hachure afin de I wwwaverycom Sens de ~xn:~e~~e ..e6~.:~evPRV®5160® ! _~_______. rev€ler le rehord Poo-OnTM! 1-800-GO-AVERY Easy Peel® Labels Use Avery®Template 5160® WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 i i WOODSON TATJANA REV TRUST PO BOX 1845 WILSON, WY 83014 WUGALTER JOEL 131 E DURANT AVE #209 ASPEN,CO 81611 • ~ Bend along line to i Feed Paper expose Pop-Up EdgeT"' ~ 1 a AVERY® 5160® 1 WOLF FAMILY TRUST 12/23/1986 WOODING MERRITT B 1221 MYRTLE AVE PO BOX 339 SAN DIEGO, CA 92103 HOPE, NJ 07844 WOW LIFT ONE LLC WRIGHT LISA C/O WARSTLER ROBERT T pO gOX 3770 3225 ELK CANYON CIR ASPEN, CO 81612 SEDALIA, CO 80135-8573 :;. €tiquettes faciles 3 peter ,.._~:__-'- _..r....w nvcov® 560 ~ ~ Repitez it la hachure aTin de ~ www.averycom ~ ~ Sens de r~v~ler le rebord PoyUpT"" ; 1-B00-GO-AVERY l ORDINANCE N0.32 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EYEMPTION5 FOR AFFORDABLE HOUSING AND RECONSTRUCTION OF A DEMOLI5FIED Mlll;I'I-1~:1MII,Y BUILDING, RE'LONING'1'O LPI'R WCI'll A 1'UD OVERLAY, AND A 5PECIAI. REVIEW'1'O E5'1'ABLISII'I'lIEAFFORDABLE IIOU5ING PARKING REQUIREMENTS FOR'I'IIE I'RUI'N;R'CY'l'O IiE DESCRIBED AS PARCELS I, Z, AND 3, ON 'CILE 50UTii ASHEN S'l'REET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131 -001 (Parcel 1) Parcel No. 2735- 1-14-003 (Parcel 2) ~'~ Parcel No. 27 131-23-001 (Parcel 3) WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, owner, represented by Vann Associates, LLC, requesting approval of a Final Planned Unit Development Plan including requests for Subdivision, Growth Management Quota System (GMQS) Exemptions for Affordable Housing and reconstruction of a demolished multi-family building, Rezoning to LIfR, and- Special Review to establish the off-street pazldng requirements for the property descn~bed as, Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Paree12: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the development property consists of three (3) parcels zoned L,/I'R and R-15 with a Lodge and PUD Overlay; and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly noticed public hearing after taking and considering comments. from the general public, and recommendations fi-om the Plamling.and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and recommended approval with conditions; and, ~~IIIIIIIIII IIIII~IIIIi~IIIIIIII IIIIIII III_I~IIIiI~iIIIIO @ $~40 0010.498 WHEREAS, during a duly noticed public hearing on Tune 3, 2003, the Planning and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zorring Commission, the Community Development Director, the Aspen/Pitkin County Noosing Authority, the applicable rcli;ird agcncic:r, and bus lakul and considered public annrn~nt at a public hc:u-iug; and, WIICIi1.A5, Yhu City Council finds that the dcvcloprncnt proposal meets or cxceuls all applicable development standards and that the approval of the development proposal, with .conditions, is consistent with the goals and elements ol'the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE TI' ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Pazce13, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to L/TR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the pmcedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi-family building to be demolished (Mine Dump Apartments), and for Special Review to establish the off- street pazking requirements for the development of fourteen (14) free mazket town homes and seventeen (17) affordable housing units subject to the following conditions: 1. A Subdivision/PUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C). ~ I 48640 eo 0 ; l ~IiiIII~III~IIIII IIIIIIIIIVIII~IIIIII IiI~IIIIIIII I~II.00 Si04/2003 1 4941 SILVIR DRVIS PIiKIN ..0 2. A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers For physical improvcmuils, and the location of utility pedestals. b. An illusu•:dive sil.u plan ul'lhc project showing the proposal improvunuils, landscaping (liicludmg all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. c. A drawin re resenting the project's architectural character. d. revised drainage plan and re rt, including an erosion control plan, shall be a Colorado licensed Civil Engineer, in w c wells will onlybe allowed to handle runoff from foundation drains, pazking garage ramps, and roof drains. All other runoff shall be directed towazds the City's storm water system. e. revised infrastructure plan indicating that all road provements shall ed: The plan shall also indicate that there s e no super-elevated curves permitted. Juan Street and South Garmisch Street (to the extent of Pazcel 1's street frontage) shall be widened to 27 feet as measured from the outer edges of the curbs. The minimum slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD aze approved and shall be printed on the Final Illustrative Plan: Dimensional R uirement Proposed Development Minimum Lot Size 6,000 sf. Lot Area Per Dwelling Unit 1,100 sf. per bedroom (81 bedrooms on 89,127 sf. of lot azea that applies to density calculations) Minimum Lot Width 60 feet Front Yazd Setback 10 ft. er azcel Side Yard Setback 5 ft. er arcel Rear Yard Setback 10 ft. er azcel Maximum Hei t 28 feet exc t where deed restricted Percent of en S ace 27% (cumulative over a113 azcels) IIIIIN~IRIBIN~tlNl~ul -°.':• m Allowable External FAR .83:1 (73,381 sf. cumulative. over all three arcels All Off-Street Pazking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unit)(cumulative over all three arcels) prec Market Off-Street 28 Parking Spaces (2 spaces for each dwelling Parking Ilillt of ~ Or m01'C hedl'Onm5, anll I BpaL'e 1'1)1' each onu hcdnwnt and studio uuil)(cunndalivc over all llu•ee pal'ccls) 4. "l'he building permit application shall include the following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as requiFed by the City Pazks Department and any approval from the Pazks Department Director for off- site replacement or mitigation of any removed trees. e. A detailed ventilation plan of the parking garage ventilation system prepazed by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. ~. A letter from the primary contractor to the Community y Development Director stating that the conditions of approval have been read and are understood. h. -All tap fees, impacts fees, and building permit fees shall be paid prior to building permit issuance. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. i. A State of Colorado Stenn Water Management (Erosion Control) Permit because the land area of the development is over an acre: j. A PM-10 mitigation plan for review and approval by the Environmental Health Depaztment or a cash-in-lieu payment in the amount to be calculated by the City Environmental Health ~WRI~~tl~I~YIW,~ptltll~tlY.a'; , Duector that is to be used entirely to implement PM-10 reduction methods. 5. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. 6. The Applicant shall agree Ihat there will be no construction material or dumpslus stored on the public rights-ol'-way wiles a temporary encroachmunl license is granted by the Cily linginecr. In addition, the Applicant shall submit a full scl ol'conxtruclion management plans as part ol'the building pei7nil application, and the management plans shall include a noise, dust control, and construction tralFc and consUuction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be pazked in the azea around the site. The city encourages that site workers be shuttled in from the airport pazking area. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. 8. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standazds of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Gamusch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street- .The point of beginning for the main replacement on South Garmisch Street shall be the existing valve complex (serving the Bazbee PUD) north of the intersection of Dean and Garmisch. I. I~~III ~~III ~~I~II lllll~ iII VIII ~~III~I I~I ~~~~I ~I~I III p S6~Q 3 10 : aoF This is approximately 80 feet further north of the point of beginning shown on the schematic utility plan dated June 21, 2002. 11. The Applicant shall also schedule the abandonment of the existing water taps prior to applying for new water taps. 12. The Applicant shall comply with the Aspen Consolidated Sanitation District's nlbs and regulations. If new sewer lines are required, then the CXISUng SU'VICC In1.19L be L•%l:aValed and dI3COItneCLed ul the main sewer line. No clear water connections (roal; foundation, perintclcr drains) shall be allowed to drain to ACSD lines. All improvements below grade shall rcyuire tltc use ofa pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standards. In addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. l3. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportionate costs associated with the development for the replacement of the main sanitary sewer lines located in S. Aspen Street, Dean Street, and near the Post Office. 15. The Applicant shall enter into a main line extension and collection system agreement with the Aspen Consolidated Sanitation District prior to applying for building permits for the development. 16. In the event that snowmelt is installed, the Glycol contaimnent azeas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development. 17. The Applicant shall at their sole expense replace the existing substandard sewer line located in the alley of Block 61 between S. Garmisch and First Street in First Street. i 8. The Applicant shall extend the existing storm water sewers south on both S. Aspen Street and S. Garmisch Street as far as Dean Avenue. Additionally, the Applicant shall extend the existing storm sewers to the Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue,% S. Garmisch Street intersection. As required by the City Engineering Department, catch basins shall be installed at these intersections. 19. All landscaping in the public tight-of--way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of--Way. Any landscaping in the public right-of--way shall be approved by the City Pazks Department prior to installation. The I I~II~ ~~III 1II9II IIIIII III ~IIII ~~III~I III I~III IIII I11I86407 .z ,o., Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of--way. All plantings along the edge of the subject properties or within the public right-of--way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by the City or the developer. 3Q. All exterinr lighting shall meet the Cily mF Aspen Lighting Code reyuircmenls scl lirrlh in Land Use Code Section 26.575.1.511, as may he amended from time to lime. 2 L The Applicant shall pay a proportional amount of the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Pazce13 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free market units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Pazce12 have received Certificates of Occupancy. The free market units on Parcel 1 shall also not be issued Certificates of Occupancy until the affordable housing units on Parcel 1 have received Certificates of Occupancy. 23. The Applicant shall convey an undivided fractional interest (one-tenth of one percent) in the ownership of the deed restricted employee housing units to the Aspen/Pitkin County Housing Authority for the purpose of complying with the Colorado Supreme Court Decision regazding rent control legislation. The deed of conveyance shall contain such temis and conditions that are mutually acceptable to the City and the Applicant To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24: The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similaz chazges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category 1 Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category 1 Units 7-3 Bedroom Category 2 Units 43 Bedroom Category 3 Units ~ItM8M~W1^MMmN~WIMI~~~:r•.~." .. 26. The deed restrictions on the affordable housing units on a given parcel shall be filed in conjunction with an application to condominiumize the free market units but prior to issuance of a Certificate of Occupancy on any of the units on said pazcel--. The deed restrictions shall meet the following: a. The deed restrictions on the affordable housing units shall be defined by the rental price ternrs in the Aspen/Pitkin County AIT'ordahlc I loosing Guidelines in affect at the lime o1' Final PI1D approval 27. The Applicant shall record a housing replacement agreement which sets forth the terms and conditions by which the replacement housing will be provided prior to demolishing the Mine Dump Apartments. 28. The most recent tenants of the Mine Dump Apartments who meet the Affordable Housing Guidelines for the proposed units shall be granted -first priority through an internal lottery at the time of the initial rental of the replacement affordable housing units. 29. The Applicant shall erect signage and install pavement mazking on "uan Street that prohibits on-street parking. 30. The Applicant or their successors or assigns shall maintain the comsion driveway between Pazcels 2 and 3. . 31. The Applicant shall install an adequate fire alarm system throughout the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Mazshal prior to building permit issuance to review alarms and sprinkler system plans. 32. Soil nails shall not be allowed within or under the public right-of--way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of--way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehiculaz traffic on South Aspen Street, causing a revocation of the road's 15-year pavement warranty that results from accelerated road deterioration. The Applicant shall be proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 1~- yeazpavement warranty. i,'~I~RII'AI.kM~IIIIINOUyG' ;.~~~~.. 35. The Applicant shall provide atwenty-5ve (25) foot wide improved public access way with drive-on, slanted-face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City Engineering Department recommends that the Applicants obtain flood insurance For the proposed units if available. 37. The Applicant shall install tree saving construction lences around the drip line ofany trees In be saved. a. The City Forester orhis/her dc~signcc must inspect this li:nce before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. A native vegetation protection fence shall be installed on the western property boundary of Pazcels 1 and 2 between Parcels 1 and 2 and the Bazbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Pazks Departtent Representative prior to construction. There shall be no storage of construction materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native azea beyond this protective fence. 39. The Applicant or their successors or assigns shat] maintain the Open Space on the site including the Park proposed on Pazcel 1. 40. Pet waste stations shall be installed in the Pazk. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be constmed and concluded under such prior ordinances. Section 4• ]f 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 rPrna;n;ng portions thereof. Section 5: A public hearing on the ordinance shall be held on the 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided bylaw, by the City Council of the City of Aspen on the 23rd day of June, 2003. ~~ Ile en Ka t -_ I e i , ayor - Allest: '~~ ~ ~~~d~~- ~: Kathryn S. I£ h, City Clerk FINALLY, adopted, passed and approved by a vote of three to Zero (3-0), this 28th day of July 2003. Helen eru ayor Attest: ~~- Kathryn S. ,City Clerk Approved as to form: ~` John P. Worr est~ty Attorney IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~111110~s64~ @~11049R SILVI~ DPVIS PITKUJ CaRJL CO EXHIBIT g RESOLUTION NO. (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVLSION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Land Fund,II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of an 18-month extension of the vested rights granted for the South Aspen Street Subdivision) PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved asubdivision/PUD and awazded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009; and, WHEREAS,-the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder, and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS; the Community Development Dueetor has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested . extension of vested rights for the South Aspen Street Subdivision/ PUD under the applicable 'provisions of the Municipal Code as. identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds thaf the extension of vested rights proposal meets or eatceeds all applicable land use standards and that the approval of the extension of City Council Resolution No.~, Series of 2009. Page 1 vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commuxrity Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: The Aspen City Council does hereby extends to January 28, 2011, the statutory vested rights as approved by Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Towasite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: That the statutory vested property right shall not prec]ude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such' building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time bf building pemrit, unless an exemption therefrom is granted in writing. Section 2• Due to the Applicant's voluntary participation in the COWOP process, and its suspension to date of the building permit process, the Applicant, in its discretion, may reactivate its building permit application at any time prior to January 28, 2011. 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• s 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 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. City Council Resolution No.~, Series of 2009. Page 2 Section 6• A duly noticed public hearing on this Resolution was held on the 9s' day of February, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. r FINALLY, rfe2sor~.lv~ed, adopted, Passed, and approved by a ~to ©L-, vote on this ` day of ~~Z~, 0 2009. - - Approved as to form: John . Wor ester, City Attorney Approved as to content: Michael C. Ireland, yor Attest: Kathryn S. ,City Clerk City Council Resolution No. Series of 2009. Page 3 MEMORANDUM TO: Mayor and City Council FROM: Amy Guthrie, Historic Preservation Officer Sara Adams, Senior Planner/IIistoric Preservation RE: Historic Preservation Task Force Recommendations DATE: November 17, 2009 SUMMARY: This worksession is the seventh in a series of Council updates on the Historic Preservation Task Force. The Task Force has concluded, and their final report was delivered on October 26`h. The direction of Post World War II historic preservation resides with Council. The Task Force worked for 19 months and produced a series of recommendations and studies for Council consideration. Staff suggests that Council start the meeting by acknowledging the sustained effort of these citizens. The purpose of this meeting is to answer questions on the content of the report, and to discuss options for implementing ideas produced by this dedicated group of citizens. We have identified policy issues that require direction as well as a series of items that received strong support by the Task Force and can be easily implemented by Community Development. Background: The Task Force report includes an introduction that outlines the process these 21 citizens used to evaluate "why, what and how" any potential historic resources representing 20a' century Aspen should be preserved. The report includes 34 recommendations that were brought forward by Task Force committees and individual members, and which received at least a majority support from the group. Also included are 8 recommendations that failed. The report provides a simple summary of each vote in Chapter N. At a minimum, Staff recommends that Council review these summaries as a simplified way to gain insight into the Task Force's work. Staff does not plan on presenting each individual vote at the worksession. Relevant page numbers of the Task Force report are added at the end of each policy question to provide background. The Task Force represented many different perspectives, but almost half (49%) of the recommendations passed by at least 75% in support. t ~ ,_ $ '~ ''~.f ry: ev ~ "~~,r ~acx~, i H I S T O R I C PRESERVATION TASK FORCE At the last meeting of the Task Force, a motion was made to confirm whether or not the recommendations and summaries provided in the final report are an accurate accounting of the work and votes, and whether these should be submitted to City Council. This vote passed by 19- 1. 1 There are a number of threshold issues where Council input is greatly needed. A number of ideas that had majority support by the Task Force and which Staff can immediately address are listed under question #1 below. Council Question No. 1, Staff direction: Staff proposes to immediately address the following 3 items that were identified by a majority of the Task Force as areas for improvement. 1. Public outreach and education a. Better noticing and outreach to neighbors regarding development applications b. Better recognition of our local landmarks c. Better education component 2. Include value and cost analysis in landmark designation memos (to address the monetary impact issues that were inconclusive.) 3. Expand tracking of TDRs in the City. • Does Council direct Staff to address the three areas listed above immediately? Staff would appreciate feedback as to which issues or recommendations Council found the most important or helpful from the Task Force's work. This memo was prepared with advisement from Bill Stirling and Mike Maple, both hardworking participants in the project. Together we have identified the following areas where clear policy direction is needed: Council puestion No. 2, 20`h Century Preservation Policv: First and foremost, given the content of the Task Force report, a determination is needed as to whether Post World War II structures are worthy of identification and protection. (TF Report Pg. 29.) Does City Council support any efforts towards identifying and protecting historic resources from Aspen's 20`h Century history? Council Question No. 3, Status of Ordinance #48: Ordinance #48 was passed in late 2007. It identified a list of potential historic resources which require evaluation before alterations or demolition can take place. Ideally, important properties will be saved through a mutually acceptable negotiation, but when this is not possible, work can move forward after a 90 day delay. Ordinance #48 does not have a sunset date and there is no requirement to replace it. However, experience from the past two years suggests that minor clarifications regarding how negotiations are structured should be accomplished. • Does Council wish to retain the Ordinance #48 regulations as it is, change it, or replace it with something else? Council Question No. 4, Owner consent: The City has never required owner consent far the designation of a historic resource, until the passage of Ordinance #48. The debate over whether preservation should be voluntary or involuntary was significant for the Task Force. A recommendation for a totally voluntary program (owner consent needed) failed by a vote of 9 in favor and 11 against; a close margin. A totally involuntary program (no owner consent needed) passed by 11-10. 2 The Task Force Criteria Committee introduced the concept of a tiered or hybrid system (best, better, good, unqualified) that could potentially be utilized in involuntary/voluntary designation and the award of incentives. This concept passed by a vote of 13-7. (TF Report Pgs: 38 - 40; 52 - 54; 67; 156; 160 - 161; 197 - 198; and 205.) The Task Force did not have a vote for a hybrid involuntary/voluntary system of historic designation of Post WW II Properties. Some Task Force Member proposed variations of involuntary/voluntary designation within Minority Reports which could be considered. • Does Council wish to pursue: o all Voluntary, o all Involuntary, or o Hybrid approach to owner consent? Council Question No. 5, Context Papers: The Criteria Committee analyzed the series of "funnels" that a potential historic property is required to pass through to assess historic significance: 1. a property is weighed against an adopted context paper; 2. designation criteria are applied to the property; 3. an integrity score is assigned. If the property fits through all of the funnels, then it is deemed worthy of designation. In 2002, the City authored research papers (known as context papers) about three types of 20`h century historic resources: Chalet, Modem, and Rustic. The Task Force discussed these architectural styles at length, along with other variations such as Modern Chalet, Wrightian, Rustic Pan Abode, and Interiors. Recommendations were made as to which resources should qualify for designation in the future, regardless of whether the program is voluntary or involuntary. Some of the votes were very close, and some building types that the City is currently accepting for designation, and which are covered in existing context papers, failed to receive support from the Task Force. (TF Report Pgs: 30; 34; 42 - 50; and 126 - 154) • Does Council wish to: o not change the existing context papers, o update only the context papers that received majority support by the Task Force, o update only the context papers that received majority and tie support by the Task Force, or o update all of the context papers discussed by the Task Force? Council Question No. 6, Historic Districts: The City currently has two historic districts: Commercial Core and Main Street. Historic Districts approach preservation on a neighborhood scale, in an attempt to ensure the overall character of an area is thoughtfully considered. A recommendation for a West End Historic District failed by a tie vote. A voluntary conservation district at the Aspen Meadows is of interest to the Task Force, but requires additional effort to draft something that is amenable and beneficial to the affected non-profits in that area. (TF Report Pgs: 18 - 23; and 74- 75) • Does Council wish to see concepts for new districts pursued further? o West End historic district? o Aspen Meadows voluntary conservation district? 3 Council Question No. 7. Mass and scale: The Task Force's discussion regularly moved towards general concerns with new construction in town. Members debated whether this topic was germane to the committee's mission, however most agreed it is an important problem. Issues of scale and mass are expected to be central issues in the 2010 AACP with zoning Code amendments to follow. Amending the City's zoning will be a significant undertaking for Community Development. (TF Report Pgs: 24 - 28) Does Council wish to amend zoning Codes now or as part of the AACP Code amendments? Council Question No. 8, Incentives: Many of the Task Force's recommendations relate to providing incentives for private property owners who preserve historic resources for the benefit of the community. Most of the existing options reward those undertaking restoration/redevelopment. In some cases they provide great flexibility and a better project, and in some cases they contribute to overburdening a property with new construction. The Task Force recommended additional review of this part of the program, and suggested new incentives for owners not pursuing construction plans. The latter type of incentives would likely have a financial cost to the City. (TF Report Pgs: 55 - 69; 226 - 230) • Does Council wish to see amendments and additions to the benefits for Historic Preservation? • Is Council interested in providing direct financial benefits for historic preservation? RECOMMENDATION: Staff recommends Council provide as much guidance as possible at this meeting so that progress can continue to be made. Staff and HPC can take the lead on specific tasks needed to move ideas forward, including public input and participation from former Task Force members. We have scheduled another worksession with Council for January 26, 2010 to propose pathways for the Council direction received tonight. 4