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HomeMy WebLinkAboutLand Use Case.S Aspen St.0067.2009.ASLUOW 2M.sLu ° omm Ate" n SOUTH ASPEN bi SUS&V V"TED RIGHTS EXM 2M 07 7 0 00+ J L� u THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0067.2009.ASLU 2735 07 3 80 001 0 SOUTH ASPEN ST CHRIS BENDON VESTED RIGHTS EXTENTION VANN ASSOCAITES 12.08.09 CLOSED BY ANGELA SCOREY ON: 5.28.10 3 - O �? - -DSO - , UO(o? 2 • �iS(..VI File Edit Record (Navigate Form Reports Format Tab Help i d) A Char A Routing Status Fees Fee Summary M Actions Attachments Routing History Valuation ArchfEng Custom F gilds Sub Permits G7 i Permit t Permit type N�u I.�nd tJM ti Address 10 SOUTH ASPEN ST Aptf5uite $ City ASPEN State CO - 8p 81611 g Permit Information Master permit Routing queue +07 Applied 0 'r z j Project Status Approved Description SOUTH ASPEN STREET SUBDIVISIONIPUD VESTED RIGHTS EXTENTION IssuedMCI Final Submitted VANN ASSOCIATES 925 6958 Clock ® Days ® Expires '10l102010 Submitted via Owner Last name ICENTURION PARTNERS, LL, ••• Fist name Phone Address Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Last name ASPEN LAND FUND, LLC First name Phone Cuet t 24960 ••• Address Lender Last name IFirst name Phone ,( ) - _ Address Displays the permit lender's address C� -Vt �S-43 1 J L,,10 _ p a v 2>632 r 1 D Cc� C1 eAC AspenGold5 (server) argelm Edrt �, 1 of 1 0 • 2'7 3� 07 ' '3 ' YO - oo ) ,.l 00 G? - ZO0q - A& L L� CJ �i ilJ "WA File File Edit Record Navigate Form Reports Format Tab Help ►x► ►J-��®:�'.-11umal Main , yaluatwn Custom F(elds gct. Feet Parcels Fee S.., _ Sub Pamits Attachments Rolitry Status RoutUp Listory Permit Type aslu A Land Us Permit t 0067.2009.ASLU Address 7 AptjSute Cty FAS State CA Zip 1611 J Permit Information Master Perrot RUN Queue asW7 Apptpd 110/1512009 Project —_ ---- --- J Status Jig Approved _. Description S�N STREET SIMWISIONAW VESTED RIGHTS EXTENTION Issued Firol �— Submitted VANN ASSOCIATES 925 6958 Clock Days EM*es 00/1 200 10 fOwner Last Name iiCENTLPION PARTNERS, LL( First Name 3 00 S SPRING ST SUITE 301 Phone (949) 250-8800 ASPEN CO 81611 - Owner Is Apart? Applicant Last Name 1 5PEN LAND FUND, LLC First Name 300 S SPRING ST Phone (970)544-1797 Cust t 4960 — 301 J AA5PEN CO 81611 Lender Last Name First Name'. Phone Perm* Venders lull address G,/ c-� W AspenGolkb) _ f Record 1 of 1 0 ATW4� P0 1 (0? 1 1001 Cr N1 RESOLUTION NO.96 (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. 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-year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the 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 finds 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. 96, Series of 2009. Page 1 0 • 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 welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1• ` 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 parcels 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. 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. At the time the "COWOP" land use application' for a lodging/fractional ownership development on this property is either approved, not approved, or is withdrawn, 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 remain valid for twenty-four additional months from the effective date of such action. 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 are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2• Due to the Applicant's voluntary participation in the COWOP process for a lodging / 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 permit 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 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. City Council Resolution No. 96, Series of 2009. Page 2 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. Section 6• A duly noticed public hearing on this Resolution was held on the 9"' day of November and the 7"' day of December, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINAL Y, resolved, adopted, passed, and approved by a 4 to a vote on this � day of ��i-Vv, 2009. Approved as to form: Approved as to content: --Jd P. Worcester, City Attorney Michael C. Ireland, ayor Kathryn S. Kbch, City Clerk City Council Resolution No. 96, Series of 2009. Page 3 0 • Chris Bendon From: John Sarpa [JohnSarpa@centurion-partners.com] Sent: Wednesday, December 16, 2009 11:14 AM To: Chris Bendon; vannassociates@comcast.net Subject: RE: Townhomes vested rights That is fine with me as I meant to call you about the 2016 part since it was not discussed. How did your code amendment re vesting go with P&Z? John Sarpa Centurion Partners 300 South Spring Street Suite 301 Aspen, Colorado 81611 Tel. 970-544-8336 Cell 970-379-2595 Fx. 970-544-8271 Email JohnSarpa@Centurion-partners.com -----Original Message ----- From: Chris Bendon[mailto:Chris.Bendon@ci.aspen.co.us] Sent. Wednesday, December 16, 2009 11:12 AM To: John Sarpa; vannassociates@comcast.net Subject: Townhomes vested rights John: I think I made a boo-boo on Reso 96. 1 amended condition number 1 to reflect the 24-month cushion, but didn't change the language in the intro to that section that speaks to an extension through 2016. I'd like to correct it as a scriveners error and have it resigned with your blessing. Attached is the highlighted section. Cheers, Chris -----Original Message ----- From: Chris [mailto:chrisb@ci.aspen.co.us] Sent: Wednesday, December 16, 2009 9:18 AM To: Chris Bendon Subject: This E-mail was sent from "RNPB6141 E" (Aficio MP 7500). Scan Date: 12.16.2009 11:18:15 (-0500) i i 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 welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: i Section 1• The Aspen City Council does hereby exten ttoZJanuLary�28 2016 the sta1(d ry vested rights as approved by Ordinance No. 32, Series of 2003, for parcels 1, 2, 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for t South Aspen Street Subdivision/PUD with the following conditionr515P / 1. This extension is for the sole purpose of enabling the cont' ued review of the "COWOP" application for an alternate development plan n this site vis-a-vis lodging and fractional ownership uses. At the time "COWOP" land use application for a lodging/fractional ownership develop ent on this property is either approved, not approved, or is withdrawn, includ' g any time necessary for a public vote or referendum, the vested rights asso 'ated with the "townhomes project" approved pursuant to Ordinance 32, Series 2003, shall remain valid for twenty-four additional months from the effectiv date of such action. A six- month period of inactivity shall constitute a with awal of the application. 2. 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 Asperi including, but not limited to; building, fire, plumbing, electrical and mechanicaycodes, and all adopted impact fees. The developer shall abide by any and all s�ch building, fire, plumbing, electrical and mechanical codes, and impact fees/ that are in effect at the time of building permit, unless an exemption therefr�m is granted in writing. Section 2• / Due to the Applicant's voluntary p cipation in the COWOP process for a lodging / fractional ownership development o this site and its suspension to date of the building permit process for the townhomes p oject, the Applicant in its discretion may reactivate its building permit application at any t' e prior to the expiration date described above. Section 3• All material representations �id commitments made by the applicant pursuant to the development proposal app ovals 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. City Council Resolution No. 96, series of 2009. Page 2 • RESOLUTION NO.96 (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N . 32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department rece' ed an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of ann and Associates, requesting approval of a five-year extension of the vested right granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, ries of 2003; and, WHEREAS, City Council adopted Ordinance N . 32, Series of 2003, which approved a subdivision/PUD and awarded Vested P operty Rights status for the development of fourteen (14) free-market residential is and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested right for the project were subsequently extended via the adoption of City Council Reso tion 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 4escribed 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 finds 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. 96, Series of 2009. Page 1 Section 4• This Resolution shall not affect any existing litigation and shall not operate as anatement of any action or proceeding now pending under or by virtue of the ordinances epealed or amended as herein provided, and the same shall be conducted and conclu under such prior ordinances. Section 5• If any section, subsection, sentence, clause, phrase, or portion of Resolution is for any reason held invalid or unconstitutional in a, court of competent ' sdiction, such portion shall be deemed a separate, distinct and independent provi ' n and shall not affect the validity of the remaining portions thereof. Section 6• A duly noticed public hearing on this Resolution was h d on the 9 h day of November and the 70' day of December, 2009, at 5:00 PM in the Ci ouncil Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and day of dj-� 2009. Approved as to form: P. Worcester, Attest: Kathryn S. ch, City Clerk by a `f to a vote on this - Approved as to content: Michael C. Ireland, City Council Resolution No. 96, Series of 2009. Page 3 1 • • 6`6 MEMORANDUM ul TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director t� RE: South Aspen Street Subdivision/PUD — Extension of Vested Rights Resolution - 96, Series 2009. HEARING DATE: December 7, 2009 SUMMARY: At the hearing on this item on November 17'', a resolution was adopted extending the vested rights for the South Aspen Subdivision projects — also known as the "townhomes project." The Applicant subsequently requested City Council reconsider the wording of the adopted resolution. The Council agreed to reconsider the wording and scheduled the item on tonight's agenda. Attached is a revised resolution. The Applicant is comfortable with the revised language as proposed. ORIGINAL WORDING FOR CONDITION NO.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. 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 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 twenty-four additional months from the date of such denial or withdrawal or through January 28, 2013, whichever date is later. A six-month period of inactivity shall constitute a withdrawal of the application. REVISED WORDINiG FOR CONDITION NO.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. At the time the "COWOP" land use application for a lodging/fractional ownership development on this property is either approved, not approved, or is withdrawn, 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 remain valid for twenty-four additional months from the effective date of such action or through January 28, 2013, whichever date is later. A six-month period of inactivity shall constitute a withdrawal of the application. ATTACHMENTS: Resolution No. 96, with revised text Exhibit A — email from John Sarpa n • Page 1 of 1 Chris Bendon From: Krystal England [KrystalEngland@centurion-partners.com] Sent: Monday, November 30, 2009 11:21 AM To: Chris Bendon Cc: John Sarpa Subject: FW: South Aspen Street townhomes vested rights extension For inclusion in the packet for the next meeting... From: Krystal England Sent: Monday, November 23, 2009 9:37 AM To: jennifer.phelan@ci.aspen.co.us Cc: John Sarpa; 'CJHeaphey@hollandhart.com' Subject: South Aspen Street townhomes vested rights extension 6;cF;h+E fl [Jennifer, below please find text of a letter from John Sarpa to City Council regarding reconsideration of the ordinance that was approved last Tuesday afternoon. Please circulate this to the Council as soon as possible in advance of the meeting tonight. Thanks, Krystal] Dear Mayor and City Council: The intent of this letter is to confirm our understanding of the result of last week's discussions regarding the extension of the vested rights for the town homes on South Aspen St. During our hearing on Tuesday, Nov. 17, much of our discussion was focused on the amount of time AFTER a Cowop hotel project is approved and BEFORE it can be built. We had requested a minimum of three years extension of the town home vested rights after such an approval, and it was our understanding that after the Council members' discussion of the matter, it was agreed to extend the vested rights for up to 2 years after the approval, denial or withdrawal of the hotel project. Because there was some question as to this understanding, we have asked for a confirmation of this outcome. Since as was discussed in detail last week, the entire purpose of the hearing for us was to seek an extension of the previous vested rights deadline of January 2011 in order to proceed with the hotel approvals, we of course would not agree to any condition that might shorten that time frame. If we had agreed that upon approval of the hotel project the town home vested rights would simultaneously expire, it would in fact shorten the previous deadline if the hotel were approved at anytime next year (2010). Since such an approval is at least a possibility, we would not be able to agree to that condition. We had anticipated and understood that the wording for the final vested rights extension resolution would reflect an extension for up to 2 years after any disposition of the hotel efforts/approvals (approval, denial or withdrawal) and no later than 2013. The hotel Cowop has made good progress and there is more to be done before the group's work comes before the Council. We sincerely appreciate the Council's assistance in helping that critical process proceed. Sincerely, John Sarpa Krystal England Centurion Partners LLC 300 South Spring St, Suite 301 Aspen, CO 81611 o: 970.544.8336 f: 970.544.8271 c: 970.343.0731 krystalenglandt�centurion_partners.com 11 /30/2009 _ bl% I�o� 1���F off-- ,,why, p�►ti�-d ry� of fwm� D5C-161"{-, appw� Airp MWA,.,- mofe- 44t., 4uwv� t" cane w40 . fao2,vv�i K I2ik �a a,4�r .lpl�- A4 Iles 'ro Sys :- dA5W%u... a— . did Kk 6� ji!CO w. -f-1t-- (�- A�P'trtv- '�� •JDhh VVWIftWWMn 3 uv5. "i Zc013 vA, 0 ne 000 u l j`d6eialfTN ow vvoa q� {ryf C. 44� writ a • Mayor Mick Ireland and City Council (VIA EMAIL) Dear Mayor Ireland and City Councilmen, i November 11, 2009 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, considerable 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 process 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 necessari agreements are io 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 will 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 ly, hn Sarpa Aspen Land Fund II Authorized Signatory i -f 7- MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director RE: South Aspen Street Subdivision/PUD — Extension of Vested Rights Resolution - 9, 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 18d', 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 January 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 are 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 near 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.q, 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. I, 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 NO. 32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. 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-year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the 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 finds 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 welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1 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 parcels 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 are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2• Due to the Applicant's voluntary participation in the COWOP process for a lodging / 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 permit 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 awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This Resolution shall not affect any existing litigation and shall not.operate as an abatement of any action or proceeding now pending under or by virtue of the 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 9t' 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 52009. Approved as to form: John P. Worcester, City Attorney Attest: Kathryn S. Koch, City Clerk Approved as to content: Michael C. Ireland, Mayor City Council Resolution No. Series of 2009. Page 3 Exhibit A Option #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 parcels 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 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 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 are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. 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 parcels 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 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 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 are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. is 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-x�'b1 F 13 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, SV: cc IA' , AICP LLC John Sarpa, Aspen Land Fund II, LLC c:\oldc\bus\city.ltr\ltr45303.cb5 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 0 VAN N ASSOCIATES, LLC Planning Consultants October 7, 2009 HAND DELIVERED Mr. Chris Bendon Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 • 95iiV1 41;* RECEIVED OU IS 2009 GI I Y ur mot-tN COMMUNITY DEVaopMENT Re: South Aspen Street Subdivision/PUD Vested Rights Extension Dear Chris: Please consider this letter an application to extend the vested rights for the South Aspen Street Subdivision/PUD, a free market residential/affordable housing project 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 Summay, attached hereto). The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Regulations by the owner of the property, Aspen Land Fund II, LLC (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. A land use application form, application fee agreement, and a list of property 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 0 0 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. A new 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 the 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 26.308.010.C. of the Regulations, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summarized below. 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Section 2 of Ordinance No. 32, Series of 2003, requires the Applicant to record a final PUD development plan, a PUD agreement, and a subdivision plat memorializing the South Aspen Street Subdivision/PUD's development approval. All of these instruments were recorded on April 25, 2007. 0 0 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 alia, the preparation and recording of all necessary PUD documentation, the development of final architectural and engineering plans and specifications, additional environmental testing and monitoring, the demolition of the Mine Dump Apartments, 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 5v:cwv Attachments cc: John Sarpa Arthur C. Daily, Esq. d:\oldc\bus\ciry.app\app45303.ex4 • 0 EXHIBIT CITY OF ASPEN s 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 26.308.010 C. Extension or Reinstatement of Vested Rights http://www.aspenpitkin.com/depts/38/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 w � 2 ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3MFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Vince Higens-vince@sopris.net TJ Davis-t d@sopris.net Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net Brandi Jepson-brandi@sopris.net (Closing & Title Assistance) Issued By La'dekwuance 06 poradon Home Office: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5M i-800446-7086 B 1004-268 0 0 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 6, 2006 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Proposed Insured: (b) ALTA Loan Policy -Form 1992 Proposed Insured: (c) ALTA Loan Policy -Form 1992 Proposed Insured: Case No. PCT15438PR2 Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN LAND FUND 11 LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC 601 E. HOPKINS, ASPEN, CO. 81611 970-92: 1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUT HORI= AGENT Countersigned: "t Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th P.M., bears N 53°20'28" East 814.56 feet; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14*50'49" E 130 feet to the point of beginning. EXCEPTING therefrom: The portion described in Book 232 at Page 362. The above parcel is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast 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 Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Block 6, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more particularly described as follows: Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian., bears N 53°20'28" East 814.56 feet more or less; thence along the Southerly right of way line of Dean Avenue S 75'09'11" E 330 feet, more or less to the Westerly right of way line of Aspen Street; thence along said right of way line of Aspen Street S 14'50'49" W 130 feet, more or less to the Northerly right of way line of Juan Street; thence along said right of way line of Juan Street N 75'09'11" W 330 feet, more or less to the Easterly right of way line of Garmisch Street; thence along said right of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning. EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder of Pitkin County, Colorado. Said Parcel 1 is also described as follows: Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less, - thence along the Southerly right-of-way line of Dean Avenue S 75'09'11" E 330 fee, more or less, to the Westerly right-of-way line of Aspen Street; thence along said right-of-way line of Aspen Street S 14'50'49" W 130 feet, more or less to the Northerly right-of-way line of Juan Street; thence along said right-of-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly comer of that parcel of land described in Book 232 at Page 362; thence N 40*21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way line of Garmisch Street; thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning. PARCEL 2: That portion of the Northeast one -quarter of the Northeast one -quarter (Lot 1) of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition; thence N 75'09'11" W 181.25 feet; thence S 14°50'49" W 78.00 feet; thence S 03°55'43" W 164.99 feet; thence S 75*09'11" E 150.00 feet; thence N 14°50'49" E 240.00 feet to the point of beginning. ALSO KNOWN AS Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as follows: Beginning at the Northwesterly comer of Lot 13, Block 11, Eames Addition; thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20, Block 11, Eames Addition; thence N 03°55'43" E 164.99 feet; thence N 14`50'49" E 78.00 feet: thence S 75'09'11" E 31.25 feet to the point of beginning. 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 Northerly boundary line of said Block 11; thence S 14°50'49" W 100.00 feet along the Easterly boundary line of said Block 11; thence N 75*09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said Lot 7; thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning. SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS: Beginning at the Southwest comer of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547 bears N 55° E a distance of 0.7 feet, - 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 Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan Street a distance of 180.00 feet to the Northeast 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 Westerly right-of-way of Aspen Street in the City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030; thence N 75'09'11" 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. E 0 AND The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN. January 14, 2009 Mr. Chris Bendon, Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Bendon: EXHIBIT s REcEIVED °cr 1 s Cl ! Y Z009 10W&k1Ty p�(Op� * ' '��IY I Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application to extend the vested rights period for the South Aspen Street Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN LAND FUND, LLC a Colorado limited liability company c:\oldc\bus\city.Itr\ltr45303.cb4 EXHIBIT LAND USE APPLICATION APPLICANT: Name: Z'41< 1-2FVAII-2 GGG Location: Se='—W 771«' 4:: 5 t 7 —/- 14 S i V� 9 _n (Indicate street address, lot & block number, legal description where appropriate) ,1 n '— Parcel ID # (REQUIRED) C' n o X ,A M REPRESENTATIVE: (f, Name: Address: Phone #• PROJECT: Name: Address: ¢ Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use E9" Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment /1' 4e3e70Re514W EXISTING CONDITIONS: (description of existingbuildings, uses, previous approvals, etc.) NA PROPOSAL: (description of proposed buildings, uses, modifications, etc.) x� Have, you attached the following? FEES DUE: $ VP 'e-Application Conference Summary Attachment #1, Signed Fee Agreement 1A ❑ Response to Attachment #3, Dimensional Requirements Form [�esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards • EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Z::41414-17 6e C _ -1 O (hereinafter APPLICANT) AGREE AS FOLLOWS: Z "� � M C 1. APPLICANT has submitted t C Y a lication r T o rr = (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series Af 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a det��ination of application completeness, APPLICANT shall pay an initial deposit in the amount of $,,/.a O which is for G staff hours of Community Development sta time, and if actual recor edd costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director g:\support\forms\agrpayas.doc 11 /30/04 Billing Address and Telephone Number: Required ,cf'S/�f Go �%44/ 0 Easy Peel® Labels Use Avery® Template 5160® 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALYEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE #3D ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT.TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 0 A Bend along line to Feed Paper expose Pop -Up EdgeTm j 205 EAST DURANT 1 B LLC 205 E DURANT 1 B ASPEN, CO 81611 APRIL FAMILY TRUST 3501 S 154TH ST WICHITA, KS 67232-9426 BARBEE MARY K LIV TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BLUE LLOYD JR PLEAS ALEXA PO BOX 1569 GRAYTON BEACH, FL 32459 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 EXHIBIT t D I 8 1 603 SOUTH GARMISCH LLP 603 S GARMISCH ST ASPEN, CO 81611 ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 BASMA AKRAM & NADA 6318 23RD ST NW BOCA RATON, FL 33434 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRENNAN JOHN PATRICK 31 TRAINORS LANDING ASPEN, CO 81611 BROWN JAMES R JR 195 HUDSON ST #4B NEW YORK, NY 10013 CABELL JOE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CASPER MARY LYNN 124 E DURANT #4 ASPEN, CO 81611 CHIATE PROPERTIES LLC 20628 ROCKCROFT DR MALIBU, CA 90265-5342 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 i ♦ Bend along line to • AVERW 51600 i � Use Avery® Template 51600 �aper expose Pop -Up Edge' j CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DAVIS CAROL L 7838 HILLMONT ST HOUSTON, TX 77040-6108 DONCER ASPEN LP 9651 W 196TH ST MOKENA, IL 60448 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G 701 S MONARCH ST #2 ASPEN, CO 81611 FARR BRUCE K & GAIL H PO BOX 4844 ANNAPOLIS, MD 21403 FLETCHER JAY R PO BOX 3476 ASPEN, CO 81612 GARMISCH LLC C/O MIE PROPERTIES 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, FL 33496-1323 COPE SHADOW MOUNTAIN LP CROW MARGERY K & PETER D 419 WINNEBAGO DR 46103 HIGHWAY 6 & 24 JANESVILLE, WI 53545 GLENWOOD SPRINGS, CO 81601 CZAJKOWSKI MICHAEL DANCING BEAR LAND LLC CZAJKOWSKI SANDRA J PO BOX 571 90 LA SALLE ST APT 16G ASPEN, CO 81612 NEW YORK, NY 10027 DAYBREAK ASPEN LLC DOLINSEK JOHN 22 PERKINS RD 619 S MONARCH ST GREENWICH, CT 06830 ASPEN, CO 81611 DUNN STEVEN G EAST JAMES COLLIER TRUSTEE 107 JUAN ST 5800 R ST ASPEN, CO 81611 LITTLE ROCK, AR 72207 ELLIS JAMES BYRON ELLIS PAUL DAVID 17 1/2 FLEET ST 100 E DEAN ST #2F MARINA DEL REY, CA 90292 ASPEN, CO 81611 EVANS DAVID COURTNEY FALL CREEK CONSTRUCTION LLC PO BOX 952 PO BOX 10420 ASPEN, CO 81612 ASPEN, CO 81612 FAULKNER JOHN L FELDMAN SELMA 2433 ROCKINGHAM ST 300 S POINTE DR APT 2403 ARLINGTON, VA 22207 MIAMI BEACH, FL 33139-7329 FREIRICH MARK A FRIEDKIN THOMAS H & SUSAN J PO BOX 774056 PO BOX 1116 STEAMBOAT SPRINGS, CO 80477 RANCHO S, NTA FE, CA 95067 GILBERT DONALD C 2004 TRUST GILLESPIE .JOHN E REV TRUST 67 TURTLE BACK RD S 775 GULFS! ]ORE DR #4219 NEW CANAAN, CT 06840 DESTIN, FL 32541 GLICKMAN EDWIN C GOLDSMITH ADAM D 2322 LAZY O RD SMITH RONA K SNOWMASS, CO 81654 PO BOX 9069 ASPEN, CO 31612 Etiquettes faciles a peter A Repliez a la hachure afiin de www.avery.com Sens de rouMor [n rohnr`I Pnn-1InTM 1-800-GO-AVERY Easy Peel® Labels IR10 S Bend along line to AVERYO 51600 Use Avery® Template 51600 Feed Paper �� expose Pop -Up EdgeT"" j GREGORY NEIL MARTIN & LYNETTE GREINER JERRY M & TERESA U GROOS NICHOLAS D 1801 PITTWATER RD 330 BICKLEY RD 210 N INDUSTRIAL PARK RD MONA VALE NSW 2103 GLENSIDE, PA 19038 HASTINGS, MI 49058 AUSTRALIA, HANG TEN ADVENTURE HARRIS NORMAN LINDSAY JR HARVEY JEFFREY & NANCY 2305 CANYON BLVD #200 100 E DEAN ST UNIT 1 E 711 S DEARBORN ST - #507 BOULDER, CO 80302 ASPEN, CO 81611 CHICAGO, IL 60605 HATCHER HUGH S HEIM WILLIAM D HENRY WAYNE SCOTT 205 E DURANT AVE APT 2E 124 E DURANT AVE APT 1 PO BOX 2383 ASPEN, CO 81611 ASPEN, CO 81611-1769 GRAPEVINE, TX 76099 HILL EUGENE D III & JOAN L TRUST HINES TOM & CAROLYN HOLLY TREE INVESTMENTS LLC 3310 KINGSLEY CT 21 TRAINORS LNDG 4823 HOLLY TREE DR PEBBLE BEACH, CA 93953 ASPEN, CO 81611-1652 DALLAS, TX 75287 HORTON KAREN JANE TRUST HOTEL DURANT IAVARONE GIANFRANCO & RITA 588 S PONTIAC WAY 122 E DURANT 341 ORIENTA AV DENVER, CO 80224 ASPEN, CO 81611 MAMARONECK, NY 10543 ICAHN LIBA IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE PO BOX 11137 2409 GREEN ST 219 E LAKE SHORE DR #5D ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 J&E HANSEN LLC JAMES FAMILY TRUST JOHNSON KERRI & DEREK C/O EDWARD HANSEN 1 CASTLEWOOD CT 117 JUAN ST #1 255 SEASPRAY AVE NASHVILLE, TN 37215-4617 ASPEN, CO 81611 PALM BEACH, FL 33480 JOHNSTON MARGARET S 9.87% JUAN STREET HOA KABERT INDUSTRIES INC 30 DEXTER ST 119 JUAN ST PO BOX 6270 DENVER, CO 80220 ASPEN, CO 81611 VILLA PARK, IL 60181 KAPLAN BARBARA KAUFMAN STEVEN KINGSBURY FAMILY TRUST 3076 EDGEWOOD RD 0554 ESCALANTE PO BOX 198 PEPPER PIKE, OH 44124 CARBONDALE, CO 81623 HOLDERNESS, NH 03245 KLINDWORTH J TODD & HEATHER KOSTER DEREK N KUHLMAN JEFFREY W & CARI D PO BOX 25318 100 E DEAN ST #2E 48 TRAINORS LANDING RD ST CROIX, VI 00824 ASPEN, CO 81611 ASPEN, CO 81611 Etiquettes faciles a peter ; A Repliez a la hachure afin de ; www.avery.com io nnhnrit AVERY® 51600 1 rhSens de reve reP-U eler le Po ' 1-800-GO-AVERY PTM i ® i ♦ Bend along line to AVERY® 51600 1 Easy Peet Labels Use Avery® Template 51600 j isPaper expose Pop -Up EdgeTM jis S A KULLGREN NANCY A LACY ROANE M JR LARKIN THOMAS J & MARYANN K 205 E DURANT AVE UNIT 2-C PO BOX 367 1 SHELDRAKE LN ASPEN, CO 81611 WACO, TX 76703-0367 PALM BEACH GARDENS, FL 33418-6820 LEONARD-PECK SHEILA KATHRYN LEVY HELEN JOAN TRUST LEVY HYMAN & GAIL RR 1 PO BOX 375-P 421 WARWICK RD PO BOX 1365 VINEYARD HAVEN, MA 02568 KENILWORTH, IL 60043-1145 BOCA RATON, FL 33429-1365 LIBMAN KENNETH J LIFT ONE CONDOMINIUM ASSOC LIFT ONE LLC 72.40% 800 S MONARCH ST #2 131 E DURANT AVE 24 LINDENWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 LITTLETON, CO 80127 LOCHHEAD RAYMOND R & EMILIE M LU NANCY CHAO TRUST LUNDHOLM KERSTIN M 200 SHERWOOD RD 38 CORMORANT CIR 115 JUAN ST PASO ROBLES, CA 93446 NEWPORT BEACH, CA 92660 ASPEN, CO 81611 MACDONALD KENNETH HUGH REV MACGREGOR ROBERT DUNCAN MACHUCA EDGAR F TRUST 710 E DURANT AVE STE W 6 11 TRAINORS LANDING 44 W HANNUM ASPEN, CO 81611-2070 ASPEN, CO 81611 SAGINAW, MI 48602 MAGES LAWRENCE M & MARY K 84% MANDICH ROBERT M MARK KENNETH A 216 LINDEN AVE 100 DEAN ST #3F 200 PANTIGO RD WILMETTE, IL 60091 ASPEN, CO 81611 EAST HAMPTON, NY 11937 MCCONNELL THOMAS W & KAY L MCKENZIE BART B & PAIGE PARAVANO MCNAMARA CHRISTIANE J TRST 3814 OAKHILLS 4840 30TH ST NORTH PO BOX 1053 BLOOMFIELD HILLS, MI 48301 ARLINGTON, VA 22207-2716 ASPEN, CO 81612 MENDEL M MARK MONIGLE ETHEL M MOORE JOHN W 50% MENDEL GRACE A - JT TENANTS 803 S GARFIELD ST 10426 WHITEBRIDGE LN 1620 LOCUST ST DENVER, CO 80209 ST LOUIS, MO 63141 PHILADELPHIA, PA 19103 MORGAN MICHAEL L MULKEY DAVID A DR TRUSTEE MURRAY DENIS 115 JUAN ST 2860 AUGUSTA DR PO BOX 3770 ASPEN, CO 81612 ASPEN, CO 81611 LAS VEGAS, NV 89109 NOBLE GUY T NOREN LARA L & STEPHEN C NORTH LAUDERDALE PETROLEUM LLC PO BOX 9344 11211 FONTHILL DR 6318 23RD ST NW ASPEN, CO 81612 INDIANAPOLIS, IN 46236-8630 BOCA RATON, FL 33434 ttiquettes faciles a peter ; A Repliez a la hachure afin de ; de-. www.avery.com ' nVCRV® cunO i —Sens rPVPIPw IP TPF]D!d Pon-UDTM ! 1-800-GO-AVERY Easy Peel® Labels A Bend along line to AVERY® 51600 i Use Avery® Template 51600 Feed Paper expose Pop -Up EdgeTM 0 S OLSON PAUL S & DIANE C PO BOX 2936 BRECKENRIDGE, CO 80424 PASCO PROP LLC SMITH PATRICK A 360 SOUTHFIELD RD BIRMINGHAM, MI 48009 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK PROPERTIES C/O HOWARD A WILL JR N 9242 SOUTH SHORE DR EAST TROY, W 1 55120 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGW OOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOW E 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 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 PIECE OF THE PIE LLC PO BOX 2492 ASPEN, CO 81611 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 ROARING FORK MTN LODGE ASPEN LLC RINGSBY GRAY TWO CREEKS BLDG PO BOX 1292 PO BOX 6237 HAIKU, HI 96708 SNOWMASS VILLAGE, CO 81615 ROBERT FAMILY TRUST ROBLES ENRIQUE ALVAREZ ALVAREZ CRISTINA 771 FERST DR MONTES URALES 350 ATLANTA, GA 30332-0245 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RUDERMAN ERIC P & MIMI E RYAN ELIZABETH H 1536 OGDEN ST 419 WINNEBAGO DR DENVER, CO 80218-1406 JANESVILLE, WI 53545 SCHAINUCK LEWIS I & MICHELLE T SCHAPIRO MARC & 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 -y. Etiquettes faciles a peter ; A Repliez a la hachure afin de ; www.avery.com Sens de i �+ u— io —harit AVERY® 51600 i rhnm1-800-GO-AVERY PmPnt reveler le rebord Pop -Up" i Easy Peel® Labels A Bend along line to Use Avery® Template 51600 j oraper expose Pop -Up Edger' j 0 QAVERY@ 51600 1 SIMON HERBERT REV TRUST SKY BLUE LLC 27.60% SLOAN SUSAN MARIE 8765 PINE RIDGE DR 5743 CORSA AVE # 101 500 S ORANGE AVE INDIANAPOLIS, IN 46260-1778 WESTLAKE VILLAGE, CA 91362 SARASOTA, FL 34236 SM-15 SOLONDZ TAMI S SOUTH POINT CONDO LLC SEELBACH WILLIA - C/O PO BOX 2829 150 N MARKET 45000 S WOODLAND ASPEN, CO 81612 WICHITA, KS 67202 CHAGRIN FALLS, OH 44022 SOUTH POINT CONDOMINIUM SOUTHPOINT-SUMNER CORP SPAULDING RICHARD W & THOMPSON ELEANOR M ASSOCIATION 3940 7TH AVE #212 200 WHEELER RD 2FL 205 E DURANT AVE #2F SAN DIEGO, CA 92103 BURLINGTON, MA 01803 ASPEN, CO 81611 SPRING LANE INVESTMENTS LLC STANTON JAMES C/O WORLD-WIDE HOLDINGS CORP STAPLETON DAVID W 206 E DEAN ST #2A 8 OAK LAKE DR BARRINGTON, IL 60010-5914 950 THIRD AVE 18TH FL NEW YORK, NY 10022 ASPEN, CO 81611 STEINER DONALD R STONE FAMILY TRUST STARK RENEE A BUCKHEAD GRAND 1 THROCKMORTON LN 205 E DURANT AVE APT 1 D 3338 PEACHTREE RD #3307 MILL VALLEY, CA 94941 ASPEN, CO 81611-3813 ATLANTA, GA 30326 STRAWBRIDGE GEORGE JR STUART FAMILY TRUST SZYMANSKI WILLIAM R & LYNNE E 3801 KENNETT PKE BLDG #B-100 1 CASTLEWOOD CT 131 E DURANT AV #409 WILMINGTON, DE 19807 NASHVILLE, TN 37215-4617 ASPEN, CO 81611 TELEMARK APARTMENT 2 LLC TAROCH HOLDINGS LTD TAYLOR ELAINE D C/O ANDREW HILL 315 E HYMAN AVE #305 W301 N9430 COUNTY TRUNK E 20351 NE 61 ST CT ASPEN, CO 81611-2909 HARTLAND, WI 53029 REDMOND, WA 98053 TELEMARK ASPEN LLC THREE REEDS LLC TOLLEFSON JON S & JOANN M 55 SECOND ST 2224 VIA SEVILLE RD NW 38 TRAINORS LANDING COLORADO SPRINGS, CO 80906 ALBUQUERQUE, NM 87104-3096 ASPEN, CO 81611 TOWNE PLACE OF ASPEN CONDO TUCKER TIMOTHY H & PATRICIA A TYDEN FAMILY FARMS PTNP ASSOC INC 809 S ASPEN ST 1730 IROQUOIS TR C/O ASPEN LODGING COMPANY ASPEN, CO 81611 HASTINGS, MI 49058 747 S GALENA ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS VANDER WALL DEAN ROBERT & VANTONGEREN HAROLD V & LIDIA M RLLP BEVERLY J 2000 E 12TH AVE BOX 8 210 AABC STE AA PO BOX 189 DENVER, CO 80206 ASPEN, CO 81611 LONE PINE, CA 93545 ttiquettes faciles a peter Re liez a la hachure afin de ' www.avery.com i Sens de p ' i i*itico� to nnharit a,VFRYO 51600 .ti . ,o,„e.,* r6v6ler le rebord Pop UpT"' ; 1-800-GO-AVERY Easy Peel® Labels A Bend along line to Q AVERY® 51600 i Use Avery® Template 51600 Feed Paper expose Pop -Up EdgeTm j WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOODSON TATJANA REV TRUST PO BOX 1845 WILSON, WY 83014 WUGALTER JOEL 131 E DURANT AVE #209 ASPEN, CO 81611 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 WOW LIFT ONE LLC C/O WARSTLER ROBERT T 3225 ELK CANYON CIR SEDALIA, CO 80135-8573 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 WRIGHT LISA PO BOX 3770 ASPEN, CO 81612 Etiquettes faciles a_peler r+cn® I Se AL de Repliez a la hachure afin de __ r6v6ler le rebord Pop-UpTM www.avery.com 1-800-GO-AVERY ' 1 EXHIBIT ORDINANCE NO.32 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH ASPEN STREET SUBDIVISION/PUD AND FINAL PLANNED UNIT DEVELOPMENT PLAN INCLUDING SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS FOR AFFORDABLE IIOUSING AND RECONSTRUCTION OF A DEMOI,ISl1ED MI11; I'I-I+?AMII,V BUILDING, REZONING TO 11111 WITH A PUD OVI RI.AY, AND A SPECIAI, REVIEW TO ESTABI.ISII'1'ilE AFFORDABLE, IIOUSiNG PARKING REQUIREMENT'S FOR THE PROPER'rY'I'O 13E DESCRIBED AS PARCELS 1, 2, AND 3, OF 'rim SOUTH ASPEN STREET 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 IL 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 L/TR, and Special Review to establish the off-street parking requirements for the property described as, Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel 2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen, Parcel 3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the development property consists of three (3) parcels zoned LJTR and R-15 with a Lodge and PUD Overlay, and, WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivision; the City Council may approve, approve with conditions, or deny the land use requests made by the Applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning. and Zoning 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, 486407 �I Page: 1 of 10 08/04/2003 11:49R eI i VIO nnvTr PITKIN COUNT! CO R 51.00 D 0.00 WHEREAS, during a duly noticed public hearing on June 3, 2003, the Planning and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero (3-0) vote, recommending that City Council approve the proposal with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the Ashen/Pilkin County Ilonsing Authority, the applicable; returral agcocic.,k, and has taken and considered public umuncnl at a public hearing; and, WHEREAS, the: City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of. the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commwtity 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 IT ORDAINED BY THE CM COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby rezones Parcel 2, and a portion of Parcel 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen, to L/TR (Lodge/Tourist Residential) and rezoned Parcels 1, 2, and 3 of the South Aspen Street Subdivision/PUD with a Planned Unit Development (PUD) overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the South Aspen Street Final PUD Plan, which includes application for Final PUD, Subdivision, Growth Management Quota System Exemptions (GMQS) for Affordable Housing and for the reconstruction of the multi -family building to be demolished (Mine Dump Apartments), and for Special Review to establish the off- street parking requirements for the development of fourteen (14) free market town homes and seventeen (17) affordable housing units subject to the following conditions: A Subdivision/PUD Agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Land Use Code Section 26.445.070(C). 486407 II i " 0a904D 9 0011:49A SILVIR DR VIS i LN COUWTY CO III .00 i r� 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 witli reception numbers for physical improvcmunls, and Ilse location of utility pedestals. h. An illustrative situ plan Of the hrOtjed showing the prolx►sul improvements, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. c. A drawnn representing the project's architectural character. d. revised drainage plan and re rt, including an erosion control (!plan, shall be r a Colorado licensed Civil Engineer, in w c wells will only be allowed to handle runoff from foundation drains, parking garage ramps, and roof drains. All other runoff shall be directed towards. the City's storm water system. e. Cprovements sed infrastructure plan indicating that all road shall b ned. The plan shall also indicate that there s e no super -elevated curves permitted. Juan Street and South Garmisch Street (to the extent of Parcel 1's street frontage) shall be widened to 27 feet as measured from the outer edges of the curbs. The minimum slope of Juan Street shall be .75%. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: Dimensional Requirement Proposed Development Minimum Lot Size 6,000 sf. Lot Area Per Dwelling Unit 1,100 sf. per bedroom. (81 bedrooms on 89,127 sf of lot area that applies to density calculations) Minimum Lot Width 60 feet Front Yard Setback 10 ft. per parcel Side Yard Setback 5 ft. per parcel Rear Yard Setback 10 ft. per parcel Maximum Height 28 feet except where deed restricted Percent of Open Space 27% (cumulative over all 3 parcels) 111111 4864Oi I I Page: 3 of 10 t I 08/04/�003 ii:49R eon u.n nn�ite nTTV1\1 ^ni 1\tTV nn a t4 AA T /A AfA Allowable External .83:1 (73,381 sf. cumulative over all three FARparcels) AH Off -Street Parking 30 Parking Spaces (2 spaces for each dwelling unit of 2 or more bedrooms, and 1 space for each one bedroom and studio unit)(cumulative over all threeparcels) Free Market Off -Street 28 Parking Spaces (2 spaces For each dwelling Parking unit of 2 or more: hedrooms, and I space fir each one be:drount and studio unit)(cunnilalive; - -over all t1iree1 parcels) 4. 'Thc building permit application shall include the following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off - site replacement or mitigation of any removed trees. e. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. ?. A letter from the primary contractor to the Community 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 Storm Water Management (Erosion Control) Permit because the land area of the development is over an acre. j. A PM-10 mitigation plan for review and approval by the Environmental Health Department or a cash -in -lieu payment in the amount to be calculated by the City Environmental Health 486407 i ?age: 4 of 10 I I - , � I� 08/04/2003 11 -9q ZILJIR DAVIS PITKIN .OUNTY CO R 51.00. D 0.00 0 • Director that is to be used entirely to implement PM-10 reduction methods. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. The Applicant shall agree Ihat there will lie no construction material or dumpstcrs stored on the puhlic rights-ol=way unless a temporary encroachment license is granted by the City Engineer. In addition, the Applicant shall submit a full set ol'conslruction management plans as part ol'thc building permit application, and (he management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and, b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. 7. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it in accordance with the applicable regulations. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall enter into a Water Service agreement. 10. The Applicants shall at their sole expense install a new eight (8) inch water line within South Garmisch Street and Juan Street. In addition, the Applicant shall abandon the existing six (6) inch water line that exists in South Garmisch and Juan Street. The point of beginning for the main replacement on South Garmisch Street shall be the existing valve complex (serving the Barbee PUD) north of the intersection of Dean and Garn isch. u�lIINI�INIIu!NII�NGIPiq�hl6tilUl °�66�i,�.,. 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 Laps prior to applying for new water taps. 12. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. If new sewer lines are required, then the existing service must he excavated and disconnected at the main sewer line. No clear water connections (root, Foundation, perimeter drains) shall be allowed to drain to ACSD lines. All improvements below grade shall require the use of a pumping station. The Applicant shall install an oil and sand separator in the parking garage that meets the Aspen Sanitation District's standards. In addition, the Applicant shall enter into a shared service agreement if more than one unit is served by a single service line. 13. Elevator shaft drains shall flow thru an oil and sand interceptor. 14. The Applicant shall fund proportionate costs associated with the development for the replacement. of the main sanitary sewer lines located 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 containment areas must be approved by the Aspen Consolidated Sanitation District prior to issuance of a Certificate of Occupancy on any of the units within the development. 17. The Applicant shall at their sole expense replace the existing substandard sewer line located in the alley of Block 61 between S. Garmisch and First Street in First Street. 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 right-of-way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right -of -Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The 1�,iI�IIIII�BIWWUIIIIII�IIVIIVI�lllll °as°°' •.e. Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. All plantings along the edge of the subject properties or within the public right-of-way shall be of a size and a species that will not require major maintenance (pruning, trimming due to over growth) by the City or the developer. 20. All exterior Iibhlinb shall meet the City of Aspen Lighting Code requirements set forth in band U5c COLIC Scction 26.575.150, as may he amended Irom time to time. 21. The Applicant shall pay a proportional amount of the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance on each of the units. 22. All affordable housing units to be constructed on Parcel 3 of the PUD shall obtain certificate of occupancies prior to the issuance of a certificate of occupancy on any of the free market units within the development. In addition, the free market units on Parcel 2 shall not be issued Certificates of Occupancy until all of the affordable housing units on Parcel 2 have 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. 21 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 regarding rent control legislation. The deed of conveyance shall contain such terms and conditions that are mutually acceptable to the City and the Applicant. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 24'. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and the City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. 25. The mix of affordable housing categories shall be as follows: 2-1 Bedroom Category 1 Units 2-1 Bedroom Category 2 Units 2-3 Bedroom Category 1 Units 7-3 Bedroom Category 2 Units 4-3 Bedroom Category 3 Units ���Il�kgI�IIIIpI�I�VINII�II�NNIII,a° °°��3P 26. The deed restrictions on the affordable housing units on a given parcel shall be filed in conjunction with an application to condominiumize the free market units but prior to issuance of a Certificate of Occupancy on any of the units on said parcel.-. The deed restrictions shall meet the following: a. The deed restrictions on the affordable housing units shall be defined by the rental price terms in the Aspen/Pitkin County Alordable I lousing Guidelines in affect at the time of hinal PUD 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 marking on -uan Street that prohibits on -street parking. 30. The Applicant or their successors or assigns shall maintain the common driveway between Parcels 2 and 3. . 31. The Applicant shall install an adequate fire alarm system throughout the development as determined by the Fire Marshal. The Applicant shall also install fire sprinkler systems and fire extinguishers that meet the requirements of the Fire Marshal. The Applicant shall meet with the Fire Marshal prior to building permit issuance to review alarms and sprinkler system plans. 32. Soil nails shall not be allowed within or under the public right-of-way. 33. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer for excavation in the public right-of-way. 34. The Applicant shall provide a form of mitigation approved by the City Engineer for increased vehicular traffic on South Aspen Street, causing a revocation of the road's 15-year pavement warranty that results from accelerated road deterioration. The Applicant shall be proportionately reimbursed by future developments that cause a substantial increase in vehicle trips on the portion of South Aspen Street that is subject to the 15- year pavement warranty. I I 1148640 I Page: 8 cf 10 I ! ( 08/�4/2003 11:49 .. „T 1—TC 7TT(7W rn11GITV rn 17 Ft WN D 0.00 35. The Applicant shall provide a twenty-five (25) foot wide improved public access way with drive -on, slanted -face curbs and a stabilized shoulder on Dean Avenue for vehicular access into Parcel 1's affordable housing units. 36. The City Engineering Department recommends that the Applicants obtain flood insurance for the proposed units if available. 37. The Applicant shall install tree saving construction fences around the drib line ol'any trees to be saved. a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip line. 38. A native vegetation protection fence shall be installed on the western property boundary of Parcels 1 and 2 between Parcels 1 and 2 and the Barbee Family Subdivision Property. The fence shall be installed and inspected by a City of Aspen Parks Department Representative prior to construction. There shall be no storage of construction materials, back fill, tools, or construction traffic beyond this protective fence. There also shall be no excavation or disturbance of the native area beyond this protective fence. 39. The Applicant or their successors or assigns shall maintain the Open Space on the site including the Park proposed on Parcel 1. 40. Pet waste stations shall be installed in the Park. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 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. 486407 page: 9 of 10 I i I I 08/04/2003 p 0.20 ��.,.e .,T:<TN C0UN7Y CO R O_ .00 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of June, 2003. I le en Kau tl t e , ayor Attest: r Kathryn S. [ h, City Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Attest: Kathryn S. h, City Clerk Approved as to form: John f Wo�r, City Attorney j0000� Helen eru ayor I 4864Q1 Page: 10 Of 10 I l 05//04120030011 :49R R 51.00 5ILV:R DAMS PITKIN COUNTY CO • • EXHIBIT RESOLUTION NO. (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Departmenf received an application from Aspen Land Fund.11, 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 a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the 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 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 finds 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. 7-1 Series of 2009. Page 1 0 s vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, SAS, the City Council fords that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, TBEREFORE, 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 Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: That 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 are in effect at the time of building permit, 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 documentationpresented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4- This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the 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.12, Series of 2009. Page 2 s n �J Section 6• A duly noticed public hearing on this Resolution was held on the 9 h day of February, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by a Ito © (---) vote on this day of 2009. Approved as to form: John f Worcester, City Attorney Attest: Kathryn S. , City Clerk City Council Resolution No. Series of 2009. Page 3 Approved as to content: Michael C. Ireland, Voyor • MEMORANDUM • TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director Q6 RE: South Aspen Street Subdivision/PUD — Extension of Vested Rights Resolution - 96, Series 2009. HEARING DATE: November 23, 2009 SUMMARY: After the hearing on this item on November 17th, the proposed resolution was adopted. The Applicant would like City Council to reconsider the wording of the adopted resolution. This was likely a misunderstanding between staff and the City Council. Staff believes the applicant should be allowed to redress the issue and gain clarity on Council's approval. Attached is a revised resolution containing amended language and a version with plain text. Staff drafted this revision and believes the Applicant is comfortable with the revised language. A motion to reconsider can be offered by a Council member of the prevailing side and can be seconded by any Council member. The motion was adopted by a 4-0 vote. If the reconsideration vote is positive, the item and hearing are reactivated and the item will need to be calendared. The hearing can be at the same meeting or at a future meeting. The Applicant will request the hearing be held on Monday night's meeting. ATTACHMENTS: Proposed Resolution No. 96, with strike/add text Proposed Resolution No. 96, with plain text Vz� /'Q RESOLUTION NO.96 (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. 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-year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the 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 finds 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. 96, Series of 2009. Page 1 • 0 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 welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1 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 parcels 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: 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 "GOIA10n» land use 141./1./11Vuti Vai 1V1 M 1V4blllb/11 kVt1 V11U1 eA%er-ship development on this pr-ep--.7 uYYiv:vu and veVanria.right, ineluding any time neeessa-1 public- vote or- the vested rights asjseeiatedwrtl"tevip.4ofnes pr-e eet'-appr-evepufsuant to Or-dinance 322 series of 2003, shall e vaeated and eensidefed null and void -.—At the time the "COWOP" land use application for a lodging/fractional ownership development on this property is either approved, not approved, or is withdrawn, 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 remain valid for twenty-four additional months from the effective date of such action denial or withdrawal or through January 28, 2013, 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 are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2• Due to the Applicant's voluntary participation in the COWOP process for a lodging / 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 permit application at any time prior to the expiration date described above. Section 3• City Council Resolution No. 96, Series of 2009. Page 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 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. Section 6: A duly noticed public hearing on this Resolution was held on the 9th 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 Attest: Kathryn S. Koch, City Clerk Approved as to content: Michael C. Ireland, Mayor City Council Resolution No. 96, Series of 2009. Page 3 )., r �+. 1 RESOLUTION NO.96 (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. 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-year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the 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 finds 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. 96, 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 welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1• 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 parcels 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. 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. At the time the "COWOP" land use application for a lodging/fractional ownership development on this property is either approved, not approved, or is withdrawn, 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 remain valid for twenty-four additional months from the effective date of such action or through January 28, 2013, 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 are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2• Due to the Applicant's voluntary participation in the COWOP process for a lodging / 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 permit 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 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. City Council Resolution No. 96, Series of 2009. Page 2 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. Section 6• A duly noticed public hearing on this Resolution was held on the 9t' 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 92009. Approved as to form: Approved as to content: .John P. Worcester, City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk City Council Resolution No. 96, Series of 2009. Page 3 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),'ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED P BL C HEARING DATE: S•'60 , 200 STATE OF COLORADO ) ss. County of Pitkin ) I, _� & 3 c0-1-e- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned .Unit Developments; Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signatu e The foregoing "Affidavit of Notice" was acknowled ed before me this 2 7 day of qchnkr 5200 , by ot WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTE RE: SO H ASPEN STREET SUBDIVISION / RIGKrS PUD, REQUEST FOR EXTENSION OF VESTED NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 9, 2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 13o S. Galena St., Aspen, to consider an application submitted by Vann Associates, LLC representing Aspen Land Fund, LLC. owner of the subject Property. The applicant is requesting an extension of their vested rights for an approved project of 14 free-market townhomes and 17 affordable housing units in accordance with Section 26.308.010 of the Municipal Code. The property is located along the west side of South Aspen Street, generally between the Shadow Mtn. Condominiums to the south and the Lift One Condos to the north. The subject property is legally described as the South Aspen Street Subdivision/Planned Unit Development Lots 1, 2, and 3, as described on the plat thereof recorded April 27 2007 with the Pitkin County Clerk and recorder as reception number 537080 In Book 83, Page 50. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920.5690, Chrishend-Ouasnen All written correspondence related to the application should be sent to the above e-mail or physical address. APplscant. Aspen Land Fund II, LLC 300 South Spring �o Centurion Partners, LLC P g Street, Suite 301, Aspen CO' 81611 represented by Vann Associates, LLC Planning Consultants. 230 East Hopkins Avenue, S/ Michael C. Ireland Aspen, CO 81611. Mayor, Aspen City Council Published in the Aspen Times Weekly on October 25, 2009. (41804011 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE � ADDRESS OF PROPERTY: :�`���5%�Td% , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200,(!,l STATE OF COLORADO ) ss. County of Pitkin ) I 7'i�rJ 9nlnrlv�9i7`iS (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. —ZPosting of notice: By posting of notice, which lorm was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearingRd was continuously visible from thday of 200 to and including the date and time of the public hearing. A photograph gfthe posted notice (sign) is attached hereto. Mailing of notice. By the mailing; of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government. school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on nexi page) 9 • Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me thisday of oa m-)16 i2 , 200�, by 0 15 t�-�� WITNESS MY HAND AND OFFICIAL SEAL ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 0 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY:%'Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200-2- STATE OFCOLORADO ) ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ot'notice: By posting of notice, which 1orm was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200 , to and including the date and time of the public aring. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the ou'lrers and goi,ernmental agencies so noticed is attached hereto. (continued on next page) 0 0 Re-oning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged of tJo\1Q-k3rr . 200a, by KRN s-TAL— J. 81""OTT NORRIS NOTARY I'I-1$TJ C STA,-Pt? or, COLORA.DC.- me this q day WITNESS MY HAND AND OFFICIAL SEAL M r commission expires: �\ L. , -Z) N tary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY?-fAIL 9 • PUBLIC NOTICE RE: SOUTH ASPEN STREET SUBDIVISION/PUD, REQUEST FOR EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 9, 2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Vann Associates, LLC representing Aspen Land Fund, LLC, owner of the subjecf property. The applicant is requesting an extension of their vested rights for an approved project of 14 free-market townhomes and 17 affordable housing units in accordance with Section 26.308.010 of the Municipal Code. The property is located along the west side of South Aspen Street, generally between the Shadow Mtn. Condominiums to the south and the Lift One Condos to the north. The subject property is legally described as the South Aspen Street Subdivision/Planned Unit Development Lots 1, 2, and 3, as described on the plat thereof recorded April 27, 2007 with the Pitkin County Clerk and recorder as reception number 537080 in Book 83, Page 50. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920.5090, chris.bendon@ci.aspen.co.us. All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: Aspen Land Fund II, LLC c/o Centurion Partners, LLC, 300 South Spring Street, Suite 301, Aspen, CO, 81611 represented by Vann Associates, LLC Planning Consultants, 230 East Hopkins Avenue, Aspen, CO 81611. s/ Michael C. Ireland Mayor, Aspen City Council Published in the Aspen Times on October 25, 2009 City of Aspen Account � EXHIBIT Easy Peel® Labels Use Avery® Template 51600 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALYEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BERHORSTJERRY BERHORST CAROLE 7161 LINDENMERE DR BLOOMFIELD HILLS, MI 48301 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE #3D ASPEN, CO 81611 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CHAPIN ANZLE TRUST 1887 STILLWATER ST ST PAUL, MN 55110-8507 Bend along line to i j Feed Paper expose Pop -Up EdgeTM j 205 EAST DURANT 1 B LLC 205 E DURANT 1 B ASPEN, CO 81611 APRIL FAMILY TRUST 3501 S 154TH ST WICHITA, KS 67232-9426 BARBEE MARY K LIV TRUST 625 SKYLINE DR CODY, WY 82414 BIEL ALEXANDER L & LEE M 381 LOVELL AVE MILL VALLEY, CA 94941 BLUE LLOYD JR PLEAS ALEXA PO BOX 1569 GRAYTON BEACH, FL 32459 BRIGHT GALEN 407 S HUNTER ST #3 ASPEN, CO 81611 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CALKINS GEORGE W 105 S CHEROKEE DENVER, CO 80223-1834 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 603 SOUTH GARMISCH LLP 603 S GARMISCH ST ASPEN, CO 81611 ASPEN KABINN LLC C/O NIKE COMM/NINA KAMINER 75 BROAD ST RM 500 NEW YORK, NY 10004-2415 BASMA AKRAM & NADA 6318 23RD ST NW BOCA RATON, FL 33434 BILLINGSLEY FAMILY LP 1206 N WALTON BLVD BENTONVILLE, AR 72712 BRENNAN JOHN PATRICK 31 TRAINORS LANDING ASPEN, CO 81611 BROWN JAMES R JR 195 HUDSON ST #413 NEW YORK, NY 10013 CABELLJOE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CASPER MARYLYNN 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 ® Use'Avery'D Template 51600 Feed Paper expose Pop -Up EdgeT* AVERW 51600 1 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DAVIS CAROL L 7838 HILLMONT ST HOUSTON, TX 77040-6108 DONCER ASPEN LP 9651 W 196TH ST MOKENA, IL 60448 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ETKIN DOUGLAS M & JUDITH G 701 S MONARCH ST #2 ASPEN, CO 81611 FARR BRUCE K & GAIL H PO BOX 4844 ANNAPOLIS, MD 21403 FLETCHER JAY R PO BOX 3476 ASPEN, CO 81612 GARMISCH LLC C/O MIE PROPERTIES 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, FL 33496-1323 COPE SHADOW MOUNTAIN LP 419 WINNEBAGO DR JANESVILLE, WI 53545 CZAJKOWSKI MICHAEL CZAJKOWSKI SANDRA J 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DAYBREAK ASPEN LLC 22 PERKINS RD GREENWICH, CT 06830 DUNN STEVEN G 107 JUAN ST ASPEN, CO 81611 ELLIS JAMES BYRON 17 1/2 FLEET ST MARINA DEL REY, CA 90292 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 FAULKNER JOHN L 2433 ROCKINGHAM ST ARLINGTON, VA 22207 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GILBERT DONALD C 2004 TRUST 67 TURTLE BACK RD S NEW CANAAN, CT 06840 GLICKMAN EDWIN C 2322 LAZY O RD SNOWMASS, CO 81654 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 DANCING BEAR LAND LLC PO BOX 571 ASPEN, CO 81612 DOLINSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 EAST JAMES COLLIER TRUSTEE 5800 R ST LITTLE ROCK, AR 72207 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FALL CREEK CONSTRUCTION LLC PO BOX 10420 ASPEN, CO 81612 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, FL 33139-7329 FRIEDKIN THOMAS H & SUSAN J PO BOX 1116 RANCHO S, :NTA FE, CA 95067 GILLESPIE JOHN E REV TRUST 775 GULFS! SORE DR #4219 DESTIN, FL 32541 GOLDSMITH ADAM D SMITH RONA K PO BOX 9069 ASPEN, CO 81612 Etiquettes faciles a peter ; Repliez a la hachure afin de ; :vww.avery.com Utilisez le gabarit AVERY@ 51600 Sens de � .ti��..e..,e..+ reveler le rehord Poe-UnTM ! 'f-Rfln-[;f)-AVFRV Easy Peeler Labels ♦ Bend along line to AVERY® 5160® Use Avery® Template 5160® . Feed Paper �� expose Pop -Up EdgeT 1 GREGORY NEIL MARTIN & LYNETTE GREINER JERRY M & TERESA U GROOS NICHOLAS D 1801 PITTWATER RD 330 BICKLEY RD 210 N INDUSTRIAL PARK RD MONA VALE NSW 2103 GLENSIDE, PA 19038 HASTINGS, MI 49058 AUSTRALIA, HANG TEN ADVENTURE HARRIS NORMAN LINDSAY JR HARVEY JEFFREY & NANCY 2305 CANYON BLVD #200 100 E DEAN ST UNIT 1 E 711 S DEARBORN ST - #507 BOULDER, CO 80302 ASPEN, CO 81611 CHICAGO, IL 60605 HATCHER HUGH S HEIM WILLIAM D HENRY WAYNE SCOTT 205 E DURANT AVE APT 2E 124 E DURANT AVE APT 1 PO BOX 2383 ASPEN, CO 81611 ASPEN, CO 81611-1769 GRAPEVINE, TX 76099 HILL EUGENE D III & JOAN L TRUST HINES TOM & CAROLYN HOLLY TREE INVESTMENTS LLC 3310 KINGSLEY CT 21 TRAINORS LNDG 4823 HOLLY TREE DR PEBBLE BEACH, CA 93953 ASPEN, CO 81611-1652 DALLAS, TX 75287 HORTON KAREN JANE TRUST HOTEL DURANT IAVARONE GIANFRANCO & RITA 588 S PONTIAC WAY 122 E DURANT 341 ORIENTA AV DENVER, CO 80224 ASPEN, CO 81611 MAMARONECK, NY 10543 ICAHN LIBA IMHOF FAMILY TRUST IMREM SUE GORDON TRUSTEE PO BOX 11137 2409 GREEN ST 219 E LAKE SHORE DR #5D ASPEN, CO 81612-9627 SAN FRANCISCO, CA 94123 CHICAGO, IL 60611 J&E HANSEN LLC JAMES FAMILY TRUST JOHNSON KERRI & DEREK C/O EDWARD HANSEN 1 CASTLEWOOD CT 117 JUAN ST #1 255 SEASPRAY AVE NASHVILLE, TN 37215-4617 ASPEN, CO 81611 PALM BEACH, FL 33480 JOHNSTON MARGARET S 9.87% JUAN STREET HOA KABERT INDUSTRIES INC 30 DEXTER ST 119 JUAN ST PO BOX 6270 DENVER, CO 80220 ASPEN, CO 81611 VILLA PARK, IL 60181 KAPLAN BARBARA KAUFMAN STEVEN KINGSBURY FAMILY TRUST 3076 EDGEWOOD RD 0554 ESCALANTE PO BOX 198 PEPPER PIKE, OH 44124 CARBONDALE, CO 81623 HOLDERNESS, NH 03245 KLINDWORTH J TODD & HEATHER KOSTER DEREK N KUHLMAN JEFFREY W & CARI D PO BOX 25318 100 E DEAN ST #2E 48 TRAINORS LANDING RD ST CROIX, VI 00824 ASPEN, CO 81611 ASPEN, CO 81611 Etiquettes faciles a peter ; A Repliez a la hachure afin de ; www.avery.com Utilisez le gabarit AVERY® 51600 Sens de reveler le rebord Po -U 1-800-GO-AVERY j chargement P PT"" i Easy PeelO Labels i ♦ Bend alongline to I ® ' Use AveryTemplate 51600 •j Peed Paper expose Pop-p EdgeT� a AVERY® 5160® 1 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LEONARD-PECK SHEILA KATHRYN RR 1 PO BOX 375-P VINEYARD HAVEN, MA 02568 LIBMAN KENNETH J 800 S MONARCH ST #2 ASPEN, CO 81611 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACDONALD KENNETH HUGH REV TRUST 44 W HANNUM SAGINAW, MI 48602 MAGES LAWRENCE M & MARY K 84% 216 LINDEN AVE WILMETTE, IL 60091 MCCONNELL THOMAS W & KAY L 3814 OAKHILLS BLOOMFIELD HILLS, MI 48301 MENDEL M MARK MENDEL GRACE A - JT TENANTS 1620 LOCUST ST PHILADELPHIA, PA 19103 MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 LACY ROANE M JR PO BOX 367 WACO, TX 76703-0367 LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH, IL 60043-1145 LIFT ONE CONDOMINIUM ASSOC 131 E DURANT AVE ASPEN, CO 81611 LU NANCY CHAO TRUST 38 CORMORANT CIR NEWPORT BEACH, CA 92660 MACGREGOR ROBERT DUNCAN 710 E DURANT AVE STE W 6 ASPEN, CO 81611-2070 MANDICH ROBERT M 100 DEAN ST #3F ASPEN, CO 81611 MCKENZIE BART B & PAIGE PARAVANO 4840 30TH ST NORTH ARLINGTON, VA 22207-2716 MONIGLE ETHEL M 803 S GARFIELD ST DENVER, CO 80209 MULKEY DAVID A DR TRUSTEE 2860 AUGUSTA DR LAS VEGAS, NV 89109 NOREN LARA L & STEPHEN C 11211 FONTHILL DR INDIANAPOLIS, IN 46236-8630 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEVY HYMAN & GAIL PO BOX 1365 BOCA RATON, FL 33429-1365 LIFT ONE LLC 72.40% 24 LINDENWOOD LN LITTLETON, CO 80127 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MARK KENNETH A 200 PANTIGO RD EAST HAMPTON, NY 11937 MCNAMARA CHRISTIANE J TRST PO BOX 1053 ASPEN, CO 81612 MOORE JOHN W 50% 10426 WHITEBRIDGE LN ST LOUIS, MO 63141 MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 NORTH LAUDERDALE PETROLEUM LLC 6318 23RD ST NW BOCA RATON, FL 33434 I°tiquettes faciles a peter ; A Repliez a la hachure afin de ; www.averycom I ltiliCP7 la naharit AVFRVO 5160 i Sens de ­Sens rPVGICr In rok—i D—IInTM I 'I_4fln_G/1_A\/CGV Easy PeelO Labels A Bend along line to I a gVERY® 5160� Use,Avery® Template 51600 Feed Paper expose Pop -Up Edge 1 OLSON PAUL S & DIANE C PO BOX 2936 BRECKENRIDGE, CO 80424 PASCO PROP LLC SMITH PATRICK A 360 SOUTHFIELD RD BIRMINGHAM, MI 48009 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 ROARING FORK PROPERTIES C/O HOWARD A WILL JR N 9242 SOUTH SHORE DR EAST TROY, W 1 55120 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 S C JOHNSON AND SON INC TAX DEPT 412 1525 HOWE ST RACINE, WI 53403 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 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 PIECE OF THE PIE LLC PO BOX 2492 ASPEN, CO 81611 ONEILL ROGER PO BOX 711 LAKE GENEVA, WI 53147-3579 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 RINGSBY GRAY ROARING FORK MTN LODGE ASPEN LLC PO BOX 1292 TWO CREEKS BLDG HAIKU, HI 96708 PO BOX 6237 SNOWMASS VILLAGE, CO 81615 ROBERT FAMILY TRUST ROBLES ENRIQUE ALVAREZ 771 FERST DR ALVAREZ CRISTINA ATLANTA, GA 30332-0245 MONTES URALES 350 LOMAS CHAPULTEPEC MEXICO DF MEXICO, 11000 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SCHAINUCK LEWIS I & MICHELLE T 2900 OCEAN BLVD CORONA DE MAR, CA 92625 SCHERER ROBERT P TRUST 239 GILBERT ST ASPEN, CO 81611 SEVERY CHARLES LAMB 9.87% 30 DEXTER ST DENVER, CO 80220 SHEFFER DOUGLAS & BARBARA PO BOX 2763 BASALT, CO 81621 SILVER SHADOW AKA 651 MONARCH CONDO ASSOC 651 MONARCH ASPEN, CO 81611 RYAN ELIZABETH H 419 WINNEBAGO DR JANESVILLE, WI 53545 SCHAPIRO MARC & PATRICIA 1685 TAMARAC DR GOLDEN, CO 80401 SCHUMACHER JUDY M 0115 GLEN EAGLES DR ASPEN, CO 81611 SEVERY FAMILY TRUST 70.39% 1077 RACE ST APT 1004 DENVER, CO 80206-2829 SHENK ROBERT D 0326 HWY 133, STE 120 CARBONDALE, CO 81623 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 Etiquettes faciles a peter® Se de Repliez a la hachure afin de { www.averycoM Utilisez le gabarit AVERY 5160O 1 chargement reveler le rebord Pop-UpTM i 1-800-GO-AVERY Easy PeelO Labels ♦ Bend along line to AVERY® 5160® Use Avery® Template 51600 Feed Paper expose Pop -Up EdgeT 1 SIMON HERBERT REV TRUST 8765 PINE RIDGE DR INDIANAPOLIS.IN 46260-1778 SM-15 SEELBACH WILLIA - C/O 45000 S WOODLAND CHAGRIN FALLS, OH 44022 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 STRAWBRIDGE GEORGE JR 3801 KENNETT PKE BLDG #B-100 WILMINGTON, DE 19807 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 SKY BLUE LLC 27.60% 5743 CORSA AVE # 101 WESTLAKE VILLAGE, CA 91362 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SOUTHPOINT-SUMNER CORP 3940 7TH AVE #212 SAN DIEGO, CA 92103 STANTON JAMES C/O WORLD-WIDE HOLDINGS CORP 950 THIRD AVE 18TH FL NEW YORK, NY 10022 STEINER DONALD R BUCKHEAD GRAND 3338 PEACHTREE RD #3307 ATLANTA, GA 30326 STUART FAMILY TRUST 1 CASTLEWOOD CT NASHVILLE, TN 372154617 TAYLOR ELAINE D W301 N9430 COUNTY TRUNK E HARTLAND, WI 53029 THREE REEDS LLC 2224 VIA SEVILLE RD NW ALBUQUERQUE, NM 87104-3096 TUCKER TIMOTHY H & PATRICIA A 809 S ASPEN ST ASPEN, CO 81611 VANDER WALL DEAN ROBERT & BEVERLY J PO BOX 189 LONE PINE, CA 93545 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 SPAULDING RICHARD W & THOMPSON ELEANOR M 200 WHEELER RD 2FL BURLINGTON, MA 01803 STAPLETON DAVID W 206 E DEAN ST #2A ASPEN. CO 81611 STONE FAMILY TRUST 1 THROCKMORTON LN MILL VALLEY, CA 94941 SZYMANSKI WILLIAM R & LYNNE E 131 E DURANT AV #409 ASPEN, CO 81611 TELEMARK APARTMENT 2 LLC C/O ANDREW HILL 20351 NE 61 ST CT REDMOND, WA 98053 TOLLEFSON JON S & JOANN M 38 TRAINORS LANDING ASPEN, CO 81611 TYDEN FAMILY FARMS PTNP 1730 IROQUOIS TR HASTINGS, MI 49058 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 Etiquettes faciles a peter ; A Repliez a la hachure afin de ; www.avery.com Sens de Utilisez le aabarit AVERY® 51600 ' .t._.,..,�..._. reveler le rehnrrl Pnn-IInTM ! 1-Rrlrl-C;CI-AVFRV Easy PeelO Labels Use Avery® Template 51600 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOODSON TATJANA REV TRUST PO BOX 1845 WILSON, WY 83014 WUGALTER JOEL 131 E DURANT AVE #209 ASPEN, CO 81611 A Bend along line to A j Feed Paper expose Pop -Up Edger j WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 WOW LIFT ONE LLC C/O WARSTLER ROBERT T 3225 ELK CANYON CIR SEDALIA, CO 80135-8573 aAVERY@ 51600 1 WOODING MERRITT B PO BOX 339 HOPE, NJ 07844 WRIGHT LISA PO BOX 3770 ASPEN, CO 81612 Etiquettes faciles a peter I A Repliez A la hachure afin de ; i r+ilicc� Ic naharit AVFRYO 5160® A.Sens de__...,._.,... reveler le rebord POD-UDTM � www.avery.com 1-800-GO-AVERY I 4 IV tool r-, 4 I- W, 4 71 oll a _ PRIVATE PARKING NO 11 ICE OF PUBIC HEARING A.S.C. DATE NOVEMBER 9,2009 __.. TIME 5:oo P_M_— — EMPLOYEES PLACE CITY COUNCIL CHAMBERS .. — CITY HALL, I30 S. GALEN_A f ASPEN, CCO BODY ASPEN CITY COUNCIL ONLY ...... .. _...... — TYPE/PURPOSE: rr CIE�R;, ;, hire, TO CONSIDER AN APPLICATION REOUESTING_AN EXTENSI.ON.OF VESTED RIGHTS FOR AN APPROVED PROJECT OF 14... FREE MARKET TOWNN'�' AND 17 AFFORDABLE HOUSING UNLTS IN ACCORDAII(` C.T..ION 16.108.010 OF THE MUNICIPAL - s CODE. ....... APPLICANT ASPEN LAND FUND II,.-LLC C 0-CENTURION PARTNERS,_ILC.300 SOUTH SPRING STkEET, SUIT/E.l01. Aft-0O3_$.I611 �a,• _...... _ -- PROPERTY THE-SUB.LECT PROPERTY IS LEGALLY DESCRIBED AS THE SOUTH :— ASPEN STREET SUBDIVIS.ION'PLANN.ED UNIT. DEVELOPMENT 1 LOTS l; 2 AND 3, AS DESCRIBED ON THETHEREOF ..._PLAT RECORDED APRIL 27, 2007 WITH THE PIKIN COUNTY CLERK AND RECORDER AS RECEPTION NUMBER 537080 IN BOOK 83 PAGE 50. - FOR FURTHER INFORMATION CONTACT: CHRIS BENDON CITY OF ASPEN COMMUNITY DEPARTMENT ELTPAESE130 S. GALENA ASPEN, 920-5090 7Z IF, Nov NOTICE OF PUBLIC HEARING' DATE NOVEMBER 9 ' 2009 T I M E 5:00 P.M. . . .. . ....... PLACE CITY COUNCIL CHAMBERS CITY HALL, 130 S. GALENA ST., ASPEN CO BODY ASPEN CITY COUNCIL TYPE I PURPOSE: TO CONSIDER i REQUESTING AWN E.XIENSIDN Of VESTED .RIGHT 5_fQR_AN APIROVED MARKETTAW 101 MEMO AND II-AtfORDABLE HOUSI NIT.5 IN ACORDANCE-VITH .SECTION 26-308.010 OF THE MUNICIPAL ...................... . . APPLICANT ASPEN LAND FUND 11, tL[_C O.-CEITURION PARTNERS, LLC, 300 50 U T H S P Rj-U- S[FE T,21 PROPERTY THE SUBJECT PROPERTY IS LEGALLY DES CRI BED.-A5.1TIff-W... ASPEN STREET SUBDIVISIO�J.PLANNID LIN LOTS 1, 5 RIBED ON THE fLAj THER.01jauf J-A RECORDED APRIL - 27, 2007 WITH THE PIKII QUNT-y(JERK � AND RECORDER AS RECEPTION NUMBER 5310$11IN 0.9.9183, PAGE 50. FOR FURTHER INFORMATION (ONTA(T; CHRIS BENDON, CITYLOPMEN1 OF ASPEN COMMUNITY DEVEDEPARTMENT 130 S. GALENA ST-, ASPEN, CO (970) 920-5090 { AU NOTICE OF PUBLIC HEARING RING DATE NOVfMBER9,2D09 TIME s:DOP.ra,._ PLACECITY. (OUN(IE(HAMIERS__.___ _.,_—. dFDIAI(l5 (ITYHAII I305 GA1tHAST AWN`{0 _ �PEHLAND BODY ASPEN(ITY(0UN(H___ CH" THIS . T EKTENTS TYPE/PURPOSE: RO1EflEO TO CONSIDER AN APPLICATION REDUESIIHG AIi •+"W11 H Of dock IO VESTED RIGHTS FOR AN APPROVED MJil "f BY THE ROAPJNG MARKET IOWHHOMES AND I AFFORDABLE Hi ; 1' OWNED A((ORDAN(E WITH SECTION._26.J08.oIU UF_Iti, ,, I;AL RAll1' 10 (ODE. ul THE APPLICANT CITY AND it ASPEN LAND FUND 11. LL( ('0 (MRION PARTNERS LLC, 3..00 CITY AND g FH ASPEN � _ Y SOUTH SPRING STREET, SUI E 301. ASPEN, CO, 81..6J 1 DARY OF — WIHERLY PROPERTY VNEO OR OF -WAY: THE SUBJECT PROPERTY IS LEGALLY OFS(RIBED AS THE SOUTH IUE ALL ASPEN STREET SURDIVISI Oil 'PLANNto 111111' DFYFCOPMENT 40NANCH LOTS I, 2 A1411 3, AS DCStRIBED ON THE PLAT IHFRFOF EFT AMU RECORDED APRIL 27, 2007 WITH III[ PIKIN (OUIIIY CLERK TREY TO AND RE(ORUER AS R((EPIION NUMBER 537DI0 IN BOOK 83. LOCATED PAGE, SO, FOR FURTHER IIIFORMAIIOFI (ONIACT; CHRIS TENDON CITY OF ASPEN (OMMUNII•F VEY(OPMENt DEPARTMENT 130 GALENA ST., ASPEN, (0 (970) 920-509D r i ✓�' _ a s SIGN #4 LOCATION —= — •f0/211200910:45 am —414 + �.•� � �� 4�14 RESOLUTION NO.!I— �1� � N �bft1A (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. 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 a subdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the 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 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 finds 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 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 Subdivisiorv?UD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following condition: That 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 are in effect at the time of building permit, 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• 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.17—, Series of 2009. Page 2 Section 6: A duly noticed public hearing on this Resolution was held on the 9h day of February, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by ato © (_-_) vote on this day of 2009. Approved as to form: John f. Wor, ester, City Attorney Attest: Kathryn S. , City Clerk Approved as to content: Michael C. Ireland, yor City Council Resolution No., Series of 2009. Page 3