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HomeMy WebLinkAboutresolution.council.099-09RESOLUTION NO. (Series of 2009) A RESOLUTION OF THE CITY OF ASPEN, COLORADO, ACCEPTING AN AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BURLINGAME RANCH AFFORDABLE HOUSING SUBDIVISION WHEREAS, at a duly called meeting of the homeowners' association convened on October 28, 2009, at which a quorum was present, the Board of Directors recommended the adoption of an amendment to the Declaration Of Covenants, Conditions and Restrictions of Burlingame Ranch Affordable Housing Subdivision (hereinafter "Declarations"); and WHEREAS, the amendment proposed to amend Article I, Section 32 to increase the number of units that may be created from two-hundred thirty-six (236) to two- hundred fifty-eight (258) Units, including within this total thirteen single family homes; and WHEREAS, the proposed amendment was presented to the Homeowners for vote pursuant to Article XII, Section 6, as amended; and WHEREAS, the amendment proposed was subject to and conditioned upon certain obligations on the part of the City of Aspen outlined in Exhibit "A", attached hereto; and WHEREAS, pursuant to such vote, eighty-nine (89) unit owners voted in favor of the amendment, one (1) unit owner opposed the amendment. Consistent with the Colorado Common Interest Ownership Act, the City's cast its votes in favor of the amendment. However, sixty-seven percent of the Unit owners, not including the Units owned by the City, were required to pass the amendment. Thus, pursuant to Article XII, Section 6, of the Declaration, as amended and CCIOA, this amendment passed; and WHEREAS, pursuant to Article XII, Section 6(a) of the Declarations, such amendment must be approved by the City of Aspen; and WHEREAS, pursuant to Article XII, Section ti(c) of the Declazations, such amendment must be recorded within the real property records of the County of Pitkin, State of Colorado. A copy of the amendment for recording is attached hereto as Exhibit "B". NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby accepts and approves the amendment to Article I, Section 32, of the Declazation of Covenants, Conditions and Restrictions of Burlingame Ranch Affordable Housing Subdivision set forth below, as approved by the unit owners of Burlingame Ranch Affordable Housing Subdivision at a duly called meeting of the unit owners held on October 28, 2009: Article I, Section 32, is hereby amended to read as follows: "Units that May be Created" means two-hundred fifty-eight (258) Units, including within this total thirteen single family homes, which shall be the maximum number of Units that may be subject to this Declaration. Dated: November 23, 2009. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resoluti n dopted by the City Council of the City of Aspen, Colorado, at a meeting held 2009. at yn S. Koc City Clerk Ver 5 Sept. I, 2009 Exhibit A Burlingame Ranch Affordable Housing Association, Inc. Agreement/Understanding with the City of Aspen Shall Article I, Section 32 of the Burlingame Ranch Affordable Housing Subdivision Declaration be amended to allow for a density increase from 236113 to 258/13. The vote to increase density is conditioned upon the adoption by Council Resolution within 90 days of the vote on the increase in density of the following terms and conditions, and are part of an agreement to amend this section of the declarations. If such resolution is not adopted by Council as set forth herein this vote shall become null and void. Furthermore if any unit owner successfully challenges the validity of this vote, the validity of the increase in the maximum number of units that may be created or the validity of any expansion resulting from this action, then this agreement shall become null and void and any obligations or commitments on the part of the City shall be terminated ab initio. .258 total units (245 multi-family units and 13 single-family lots). The location of the b additional SF home sites shall be agreed upon by city and owner representatives. Z. Eliminate the $60 per month per unit mobility fee and amend the PUD accordingly. (The Burlingame home owners realize that bus service may increase or decrease according to transportation budgets and demand.) 3. Retroactively forgive the Burlingame Ranch I Condominium Association, Inc. and the Burlingame Ranch Affordable Housing Association, Inc. all unpaid mobility fees. 4. Amend the PUD to add additional parking to the development that would increase the parking ratio from 1.67 to 2.0 (excluding the 26 "bandit" parking spaces behind current tuck-in parking spaces from the calculation) and include visitor, loading zones and handicapped spaces (as required by code).The City would retain the right to add as many as 3 additional parking spots to the project total, dedicated to the CarShare program -and not count those spots towards the new 2.0 ratio. (The funding for additional parking is contingent on voter approval for phase II/III. The additional parking would be one of the 1st projects sought in phase II/III The siting and design of the additional parking will be developed in conjunction with homeowner representatives. The COA will commit to spending up to $lOK on temporary parking solutions on Mining Stock Pkwy Rd. to be completed by the end of June 2010. This includes moving sprinkler heads and boulders, grading the shoulder, pack the dirt and spread gravel on the area.) 5. The COA will contribute $25,000.00 toward the completion of the commons bldg. (This money is not associated with the bond vote and so the city can contribute the funds whenever needed for completion of finish work to commons building.) 6. Construct astaircase/sidewalk from Mining Stock Pkwy. to Callahan Court Parking lot. (The funding for this project is contingent on voter approval for phase II/III and will be done in conjunction with the additional parking to be provided in Phase I - as one of the In projects undertaken in Phase 2/3.) 7. Emphasize open space in Phase II /lll, in particular buildings clustered around courtyards with "usable open space" and sidewalks similar to the courtyard located on Molly and Lindvig Courts, and create a minimum of 100 square feet of Usable Open Space for every 1000 square feet of living space that is created in the design of phase 111111. "Usable Open Space" refers to areas that are sodded with grass, not native seeded areas and not all drainage basins, which are frequently inundated with Page I of 5 Ver 5 Sept. I, 2009 Exhibit A water and are unusable. (The City noted that after meeting with the O'Callaghans and reviewing our budget for landscape maintenance that we likely do not have enough to cover our expenses currently. If we would be willing to allow two of the SF homesites to stay in phase I then they could build another city park at the NW corner of the phase II. This would be in addition to the 100 square ft of usable open space per 1000 square ft of livable space built in phase II. The city asks us to consider this carefully because our budget will also go up. We should keep in mind that the city will maintain the 2^d city park at their expense.) 8. Allow Owner Representatives or such other committee established by the Owner Representatives to have input in all phases of design review. 9. Follow all design review guidelines and green building standards as required in Phase I. ~. Eliminate the requirement for the Master or Condominium Association to pay the $75 per space rental income to the City and will amend the Mobility Plan and PUD to reflect this. If any spaces continue to be available for rental, the funds for such spaces shall remain the property of the Master or Condominium Association, as applicable. ~. Complete its (COA) planned connector trail improvements from Burlingame Ranch to the Airport Business Center and shall pursue its plans to provide a direct route to the Roaring Fork River and the Rio Grande Trail and Bridge off the Airport Business Center connector trail. (THE DESIGN OF A NARROW DIRT TRAIL IS CONTINUING WHICH WILL CONNECT THE NORTH END OF BURLINGAME RANCH TO THE BUSINESS CENTER THE CITY HAS CONTACTED PARKS DEPT. AND CONSTRUCTION MAY BEGIN AS EARLY AS THIS FALL) Z. No additional units will be built in Burlingame Ranch Phase I or Phase II/III in the future, other than the number the owners approve in this vote or agree to under the applicable standards of approval at whatever point in the future such changes will be proposed. 3. Sign at entrance posting "No Dogs, Fines Imposed". (Will be part of a series of "insubstantial amendments" to the PUD.) 4. Speed limit reduction to 15 mph. (tragic study is complete and signs have ordered) S. Audit of Association books prior to transfer of control to owner Board not completed. (The COA has authorized the contract) 6. Provide Legal Corrections to Association governing documents (both Condominium and Master Association) mandated by SB 89 and SB 100 and recommendations or supporting language for policies that need to be adopted. (The COA is working with the law firm, Ballard, Sparhr, Andrews and Ingersoll, LLP in Denver to complete all revisions.) 7. Confirm all common areas have been properly conveyed to each association or follow through and convey them. $. Drainage: including safety grates on drainage culverts and correction of improperly draining drainage detention areas. (DRAINAGE OF THE DETENTION AREAS HAVE BEEN CORRECTED, POND 2 BEHIND 19 LINDVIG COURT HAS CONCRETE FLOW CHANNELS AND ENGINEERING DEPARTMENT IS WORKING WITH STREETS DEPARTMENT TO OBTAIN OR FABRICATE GRATING FOR CULVERTS. COA is not satisfied with the drainage of Pond 2 across from Transit I. They hove brought this to Shaw's attention numerous times. If the city takes over this repair then it will have to go through a public bid process. The COA is committed to resolving this problem.) Page 2 of 5 Ver 5 Sept. I, 2009 Exhibit A 9. Erosion on path connecting Transit I to Roch Place. (The COA is planning to rebuild most of this portion of the trail/walking path.) Z~. Address water rights -provision of ditch water and lease from City for provision of water for irrigation from City's ditch rights (at no cost to HOA). (The COA is working with Ballard, Sparhr, Andrews and Ingersoll, LLP in Denver to complete a lease agreement) Z ~ . Address landscaping: weeds issues, and properly complete seeded areas and planting beds. (The COA has completed all reseeding; we will have to wait for next summer to observe the successful germination and growth or lack thereof.) ZZ. The Condo I Board is requesting the installation of boulders to help prevent the irrigation from being damaged by cars. (The city is willing to help with this. The city also notes that the sprinkler heads that are being damaged are at 18 from the side of the road and therefore can only be damaged by individuals deliberately driving of f the road.) 23. Address and repair all issues raised by third party roof commissioner and address hazardous areas identified by O'Callaghan. (ROOF WORK HAS BEEN COMPLETED TO THE SATISFACTION OF THE ROOF COMMISSIONING AGENT AND THE SNOW DROP AREAS IDENTIFIED WILL RECEIVE SNOW FENCING. ) 24. Address all Phase I punch list and warranty issues presented by Board and O'Callaghan Prop Mgt. Phase 1 punchlist and warranty issues include: d~ The fire system has more than the average trouble codes, error codes, dact, and communication errors. Progaurd is aware of the buildings that have chronic problems and have been meeting with Seimens to find a solution. The system is going to require slot of Technical work to get the problems fixed. The buildings involved include, but are not limited to: 42 Mining Stock Place ("MSP"), 99 MSP, 129 MSP, 44 Callahan Court ("CC"), 45 CC, 185 Forge Road ("FR"), 19 Lindvig Court ("LC"). (PROGUARD IS WORKING TO RESOLVE ALL ISSUES AND THE CITY IS WAITING ON THEIR REPORT OF CONDITIONS. SEIMENS IS SENDING A NEW PANEL FOR INSTALLATION AND TESTING. IF THIS PANEL SOLVES THE ISSUES THEN THEY WILL REPLACE TROUBLESOME. IF THIS PANEL DOES NOT RESOLVE THE ISSUES THEN MORE TROUBLESHOOTING MUST BE DONE. THIS IS NOT A FIRE REPORTING DEFECT THAT WOULD JEPORDIZE THE REPORTING OF A FIRE. ) b~ Fire Sprinkler system commissioning completion. Pro Guard did not complete a review of storage areas, which are causing system malfunctions. (PROGUARD IS WORKING TO RESOLVE ALL ISSUES AND THE CITY IS WAITING ON THEIR REPORT OF CONDITIONS.) C~ There are several areas in which the siding is popping out, or cracked, and the paint is either peeling or the wrong color. Shaw has fixed some of the areas that were popped out and are in the process of getting the rest replaced. They are in contact with the manufacturer to find a solution for the peeling and discolored paint. (SHAW IS ADDRESSING THIS AS A WARRANTY ISSUE AND IS SCHEDULE FOR CORRECTIVE ACTION IN AUGUST.) d~ 163 FR has a small gas leak in the mechanical room. Source Gas confirmed that the meter was not installed by them and did not belong to them. (THE METER WAS PART OF THE TESTING PROGRAM BY THE NATIONAL RENEWABLE ENERGY LABORTORY IN BOULDER. THE METER HAS BEEN REMOVED.) C~ 124 FR, 170 FR, 99 MSP have had blowers replaced due to a leak or gush of water coming down from the ceiling onto the boiler. 170 FR was checked in the Page 3 of 5 Ver S Sept. I, 2009 < Exhibit A mechanical room by John Y (who?). and he said he didn't see any water at the time however he did not go into the units above to investigate the bath /shower to see if this was the source of the water. (SHAW IS ADDRESSING THIS AS A WARRANTY ISSUE.) fl The staircase lighting at 34 Molly Court ("MC") has not worked for more than 2 years. The City's Property Manager Terri Kappelli was aware of this issue due to constantly burning out light fixtures. The electrician came out to look at it but didn't have time to fix it. His suspicion was that the wiring inside the storage unit next to the stairs had been damaged. (SHAW HAS ADDRESSED THIS AS A WARRANTY ISSUE. COMPLETE.) g~ The common building 2nd bathroom area has the installed but there is no grout. (THIS BATHROOM WAS NOT TO BE FINISHED AND WAS NOT TO EVEN BE TILED THEREFORE THE TILE THAT WAS INSTALL WAS NOT GROUTED.) ~'1~There are some circulating pumps that are not wired, including but not limited to 42 MSP. (SHA W IS ADDRESSING THIS AS A WARRANTY ISSUE.) 1~ 124 FR common entrance door to the storage units is missing the lock. (SHAW IS ADDRESSING THIS AS A WARRANTY ISSUE; MATERIALS HAVE BEEN ORDERED.) ~~ 170 FR is missing the common entrance storage door, the entire door! (SHAW IS ADDRESSING THIS AS A WARRANTY ISSUE; MATERIALS HAVE BEEN ORDERED.) ~(~ 55 MSP unit 102 and 129 MSP unit 102 have uncompleted landscaping dirt areas underneath the bedroom windows. The neighborhood cats have made these areas into litter boxes. (SHAW HAS ADDRESSED THIS AS A WARRANTY ISSUE AND IT IS COMPLETE.) ~~ 67 MC dirt area between the parking lot and sidewalk is not landscaped per the City's plans and specifications.. (COA DESIGNING PLAN. NO SHRUBS WILL BE PLANTED BECAUSE THEY WOULD BE DESTOYED BY SNOW REMOVAL.) Rl~ 170 FR, 129 MSP, and 44 CC -snow slides either from upper roof or solar panels onto the stairs or the side walk. Steve Bossart is aware of the issues and will be contacting Roof Tech. (SHA W IS ADDRESSING THIS AS A WARRANTY ISSUE; MATERIALS HAVE BEEN ORDERED.) Il~The entrance doors to the trash /recycling areas at transit 2 & 3 do not close properly. Rick Wilson had worked on them but as soon as they were unhooked for the trash removal they wouldn't close again. The City shall oversee and pursue this issue unto completion and to the satisfaction of O'Callaghan and the Owner Representatives. (SHAW IS ADDRESSING THIS AS A WARRANTY ISSUE.) O~There are dead trees that require replacement at the following locations: Retention Pond behind the single family houses/lots, 123 FR unit 201 parking lot side, 123 FR unit 206 parking lot side, 185 FR parking lot side between units 102 & 103, 185 FR at the end of the parking lot next to the side street, in between 185 FR & 163 FR street side, 123 FR between units 202 & 203 street side, MSP big sod area I st tree closest to the common building, 55 MSP next to unit 201, 161 MSP in front of unit 204 half dead. (THIS WAS A WARRANTY ITEM AND WORK OF REPLACEMENT IS COMPLETE.) ~~ Native grass at 185 FR parking lot side is very sparse and unsatisfactory. (SHAW AND THE CITY HAVE RESEEDED THESE AREAS SEVERAL TIMES.) Page 4 of 5 Ver 5 Sept. I, 2009 Exhibit A (,~ 42 MSP all the bushes on the courtyard side at unit 105 died, were removed by O'Callaghan and require replacement. (SHAW IS ADDRESSING THIS AS A WARRANTY ISSUE; WORK IS COMPLETE.) I'~ 42 MSP courtyard side in front of unit 106 is not landscaped per the City's plans and specifications. (SHAW IS ADDRESSIGN THIS AS A WARRANTY ISSUE; WORK IS COMPLETE.) S~ Parking signage needs to be installed and re-striping requires completion. (We are aware that City staff is wolfing for input for Burlingame Condo 1 Board members. CITY HAS DEVELOPED A PLAN FOR THE ROAD RIGHT OF-WAYS AND THE HOA PARKING AREAS. THE CITY IS WORKING WITH THE STREETS DEPARTMENT TO ORDER AND INSTALL SIGNS ALONG THE STREETS AND WILL WORK WITH THE HOA WHEN SO DIRECTED WITHIN THE PARKING LOTS.) t~ Weed Removal (The type of weeds, the location of those weeds, and the method of removal will be decided at a meeting on site; at least one board member from the Condo Board and one member of the Master Association board -must be a homeowner, not city staff -will be present to approve the conditions of removal. The conditions of removal will be approved in writing; a representative from the COA Parks department and Asset department must also be present; the weeds will then be removed by pulling, cutting or spraying, one time only, within two weeks; after this one-time event the City of Aspen will be relieved of any and all responsibility for removal of weeds.) Page 5 of 5 RECEPTION#: 564794, 11/25/2009 at 11:02:05 AM, t of 3, R $15.00 Doc Code AMEND DEC Janice K. Vos Caudill, Pitkin County, CO AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BURLINGAME RANCH AFFORDABLE HOUSING,SUBDIVISION ' WHEREAS, Declaration of Covenants, Conditions and Restrictions of Burlingame Ranch Affordable Housing Subdivision was recorded October 10, 2005 at Reception Number 516002, in the real property records of the County of Pitkin, State of Colorado; and ' WHEREAS, Recordation of Signature Page for Declaration of Covenants, Conditions and Restrictions o£ Burlingame Ranch Affordable Housing Subdivision was recorded April 17, 2006 at Reception Number 523046, in the real props=rty records of the County of Pitkin, State of Colorado; and WHEREAS, an Amendment to the Declazation of Covenants, Conditions and Restrictions of Burlingame Ranch Affordable Housing Subdivision was recorded October 21, 2009 at Reception Number 563774, in the real property records of the County of Pitkin, State of Colorado, which amended the requirements for an amendment to the Declazations regazding the increase in Units that may be created as-set forth in Article I,~Section 32; and WHEREAS, at a duly called meeting of the homeowners' association convened on October 28,.2009, at which a quonun was present, a motion was presented to adgpt ari amendment to the Declazation of Covenants, Conditions and Restrictions of Burlingame Ranch Affordable Housing Subdivision; and WHEREAS, the amendment proposed was submitted to a vote of the Association as follows: Shall Article I, Section 32, be amended as follows, with text being removed is delineated with strikethrough, '''^°` `-°~°^ ~^--~^•'°d ~ and Text being added is bold and underline. Text being added looks like this: "Units that May be Created" means ~ '•'~°`''°'' "''''" °'° E23H) two-hundred fifty-eight (2581. Units, including within this total thirteen single family homes, which shall be the maximum number of Units that may be subject to this Declaration." and WHEREAS, the proposed amendment was presented to the Homeowners for vote pursuant to Article XII, Section 6(a) and 6(d), as amended; and WHEREAS, pursuant to such vote, eighty-nine (86) unit owneis voted in favor of the amendment, one (1) unit owner opposed the amendment. Pursuant to Article XII, Section 6(d) of the Declarations and state statute, this amendment passed; and ' WHEREAS, the City of Aspen by Resolution No.~ ;Series of 2009, approved and consented to this amendment as required by Article XII, Section 6(c) of the Declazation. 'NOW, THEREFORE, the following amendment shall be incorporated into and become part of the Declazation of Covenants, Conditions-and Restrictions of Burlingame Ranch Affordable Housing Subdivision: Article I, Section 32, is hereby amended as follows, with text being removed is delineated with strikethrough, Tyr o~= :b -r:,mov lf~el~C-like-thi^, and Text being added is bold and underline. _ Text being added looks like this: "Units that May be Created" means ~ '- ''`°'' `'''''° "'° "~~' tWO- hundred fifty-eight (258) Units, including within this total thirteen single family homes, which shall be the maximum number of Units that may be subject to this Declazation." Henceforth, Article I, Section 32 of the Declazation of Covenants, Conditions and Restrictions of Bwlingame Ranch Affordable Housing Subdivision shall read as follows: "Units that May be Created" means two-hundred fifty-eight (258) Units, including within this total thirteen single family homes, which shall be the maximum number of Units that may be subject to this Declaration." IN WITNESS WEREOF, this Amendment to the Declaration of Covenants, _ Conditions and Restrictions of Burlingame Ranch Affordable Housing Subdivision, is here y executed by the President of the Subdivision Association on this ~'n^day of~, 2009, pursuant to a duly conducted vote of e Unit Owners. ~~ Tom McCabe President of ,Burlingame Ranch Affordable Housing Association, Inc. Attest: Jafm Laatsch ecretary (Notarization offollowing page.) STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this day o~~009, by Tom McCabe, President of Burlingame Ranch Affordable Housing Association, Inc. WITNESS my hand and official seal. My commission expires: MjOenniMla- E~Yw Oi~QfPOIs