HomeMy WebLinkAboutLand Use Case.CU.830 E Durant Ave.1990-CU-114 fcic�b-ou-t
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SUPTL.L•:Pll,NT AGRFLMISNT
THIS SETTLEt.;''NT AGREE,MENT made this day of
1980, by and among the Aspen Mountain Park
Partnership, a Colorado General Partnership ("AMII") , the City
of Aspen ("City") and the Smuggler Trailer Park Homeowners
Association ("Association").
WHEREAS, AMP is the owner of the Aspen Iountain Park
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("the Park") formerly the Smuggler Trailer Park, a mobile home
park consisting of approximately 87 mobile home sites, situate i
within the City b£ Aspen upon the real property more particularly
described in Exhibit "A" hereto (hereinafter sometimes the "real
!property"); and,
WHEREAS, the Association is all association of the
residents, or owners, or both of the Park; and,'
WHEREAS, although not restricted in terms of re.ntal and
resale price controls by deed, covenant, legislation, or otherwise
the Park historically has supplied a significant portion of the
employee housing inventory of the City; and,
WHEREAS, I,I•IP purchased the Park for investment purposes
with a view toi;,ard developing the entire real property into a
first class mobile home rental park; and,
WHEREAS, on October 9, 1979, AMP issued to tenants a
notice of a substantial rent increase for mobile home space:
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,within the Park; and,
II WHERLAS, in response to such rental.increase, the City
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threatened and began the preliminary institution of eminent
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i!; domain proceedings; and,
WHEREAS, in active negotiations, the City sand AMP have
pursued the resolution of on -going disputes concerning the
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(� Ijar}c in r.elaticin to (a) ttie monthly rents charged by AMP per.
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!� mobile home space, (b) the. installation of capital improvements
in the: ),,ark and (c.) thti prese.rvaL•iorz Of UIC Par): as a source of
ilous.ing
for
local C':u:��.OyUC.�
}�:; .^1C?dIl � G? conIr !nination, C2?lt:
colitrol
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of U,(-�
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F,MP and the City finally entered into the
F►e��'c +�n� nt: iiz )),- j Ilcipl e, attached hereto as Exhibit "B" with a
v.i.c:w tow;ird rc_,ol%ri-ng the disputes above -described pursuant to
which, Ili,,, the City was to purchase the Park from AMP
for to t:hc.j owners of the mobile homes; and,
WHERE. -AS, neither the City nor the owners of mobile
homes within the 'ark were able to consummate the purchase of the
Park 'pursuant to the Agreement in Principle due to financial
limitations; and,
WIiEmAS, due to a combination of the constant threat of
condemnation, resident unrest caused by potential displacement,
and inadequacy of rents due to controls directly imposed by the
City, AMP has agreed to divert from its original intent to
develop the. entire real property as a first class mobile home
rental park and has decided instead to liquidate its investment
in the entire real property; and,
WHEREAS, in an effort to arrive at a mutually
satisfactory settlement of the disputes above -described, AMP
has expended considerable sums for legal,surveying, architectural,
and project consultation fees at the behest of the City once it
became evident that neither the City nor the Association
financially were capable of consummating the Agreement in
Principle above -described; and,
WHEREAS, the City and Ai4P have agreed that the real
property may best be liquidated and employee housing units preserved
by providing for different arrangements in connection with different
portions of the real property; and,
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WHEREAS, in order to remove the cloud of threatened
condemnation to protect the City from the possible loss of a•
significant source of housing for local employees, and to I
protect the: investments of Association members in their mobile
homes frog escalating rents beyond their control, the parties '
are I iltual.l,r dosirou of :,ett.ling the dispute a}aovc!-described
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1;in the manner h ereinbelow set forth, without resort, or further
threatened resort, to formal legal proceedings, including eminent
domain proceedings.
NOW THEREFORE, in consideration of the foregoing
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,,premises, the making and performance of the mutual obligations
and convenants herein contained, and other good and valuable
;consideration, the receipt, sufficiency and adequacy of which
hereby are acknowledged, IT IS AGREED THAT:
1. IMPROVEMENTS TO PARK. Amp shall, as soon hereafter
as reasonably may be practical, undertake to relocate below grade
certain electrical wiring within the Park, relocate and upgrade
the water and sewer distribution system due to any relocation of
!existing mobile homes as hereinafter provided; provide for the
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linstallation of additional fire hydrants at such locations as the
!City may request; and relocate and resurface the roadway system
;within the Park in order to accomodate any relocation of existing
mobile homes and turning radii sufficient for emergency and
;support vehicle.
2. SALE OF MOBILE HOZIE SPACES. The present owners of
mobile homes within the Park shall have the right, collectively or
following the sale or exchange of the Park as hereinafter provided,
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to purchase the.mobile home spaces for a purchase price equivalent'
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to $25,000.00 per space. This offer shall remain open for a
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period of time coterminous with the time required for all parties
to employ their best efforts to complete financing arrangements
for the purchase, but in no event later_ than ��;; , 19$
I'P_MP and the City will employ their best efforts to arrange i
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'financing for all owners who elect to purchase their spaces and
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,
.the Association agrees fully to cooperate with AMP and the City
in this rccJard in terins of compiling such information as
I' procpr.cti_ve lendcrs may require, and the like. AMP will, if
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�i necessary, provide carryb.ack financing for up to 25% of the owner: i
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�i who elect to purc:11asc: their space but who are unable to qualify
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IIfor conventional outside financing, The $. 5,000.00 purchase puce
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above --provided :;hall, at: the election of the members of the
Association involved in tho. purchase, be deemed a mean per space
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price; provided, however, that the Association members shall be
required among themselves to apportion the purchase price as slial.1
yield, upon closing, a sum equal to $25,000.00 times the number of
spaces involved in the transaction. In the event that the actual
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cost of improvements described in paragraph one (1) hereinabove
is less than the product of $2,500.00 times the number of spaces
involved in -the sale transaction, the difference shall by'AMP
be Get aside for the benefit of the Association for such further
improvements to the Park as the Association deems necessary or
advisable.
3. STRUCTURE OF SALE. Closing of the purchase and sale{
of the mobile home spaces shall be conditioned upon receipt of thcd
governmental approvals necessary for the developments hereinafter
provided and will occur at a mutually agreed upon'date as soon l
hereafter as reasonably may be practical given (a) the efforts f
above -described to arrange financing and (b) the time required
to obtain the governmental approvals for such developments. In
order sooner to liquidate its investment hereunder, AMP shall have -
the right to sell to or exchange -with a third party the entire
real property or any portion thereof. Such third party shall
be entitled to all the rights granted hereunder and shall be bound.
by all terms of this Agreement. Upon the closing of any such
sale or exchange, such third party shall in writing assume any and
all obligations hereunder. Notwithstanding such sale or exchange,
MIP shall he entitled to reserve unto itself the rights to develop;
as set forth in paragraphs 5 and 7 hereinbelow.
4. • rMNTAL AND RTS?ILE PRICE CONTROLS. From and after thcl
closing Ltbove--provided, all spaces within the Park, including the
mobile 11011: s tburcupon :situate; :;hall be appropriately restricted
in term,; of rental and re:.sa).(_, price controls ill the manner . .
prc,ontly gencr.-JI.), appl:i.&t i-hrutighout the City and _ n which th"i j
City t )1(! time. LO .)r! a;t t:.hi_ r.011111ILlnj,-t:y Iwt:t:cr
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intcrest'•to the end that than and thereafter the entire Park shall,
be and remain controlled employee housing within t:he meaning of
existing legislation concerning housing of that character, and
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as such generally apt)licable legislation may from time to time
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be amended. Any mobile home spaces that are not gold to the �
owners of mobile hones and, hence, become owned by AMP shall
continue either to be rented or later sold by AMP at a monthly
rental or for a sales price, as the case may be, which shall be
consistent with their controlled character. Furthermore, the
owners -of mobile homes who do not elect to purchase their lots
shall not be entitled to sublet all or any portion of their
mobile homes except under such terms as are consistent with the
controlled character of this housing.
5. EXPANSION OF PARK. The Park will be expanded in
size principally in the rear acreage to accomodate 26 additional
mobile homes. Expansion and the relocation of any existing mobile,
homes in connection therewith will be done at the expense of AI4P
in the manner least in the circumstances intrusive upon existing
mobile homes and in accordance with a plan prepared pursuant to
Specially Planned Area criteria of the City Code. These mobile
homes and the spaces they occupy within the Park will be offered
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for sale, unfurnished, at a purchase price not to exceed$70,000.00,
rind appropriately restricted in the manner set forth in paragraph
4, hereinabove.
6. JZL:LOCATION OF EXISTING SINGLE FAMILY HOME. The
existing vict-or_ian style single -story frame house presently
situate in the front portion of the Park shall be relocated and
either resubdivided el�iewhere within the real .property or, a't_Ai•LP's
discretion, relocatcd outside the Park.
•7. I'REL MARKET DEVELOPMENT. AMP shall by the City be
given the right to develop 19 free market units on property, as
yet undetermined, either within the City or, if outside, capable
fl of being annexed. TI)i.s development right shall be transferable
and assignable. Development shall proceeLl in accordance with
exist-ing zoning af:fccting the property o.i-, in the case of annexed
i, property, with Planned Area criteria. The City agrees
(a) to, enact such enabling legislation or amendments to existing
legislation, including to its Growth Management quota system
legislation, as would accommodate and permit the foregoing
II development right: in erchancle for the conversion -to employee
II housing of the Park and the addition of 26 new employee housing
units, all as scat forth above; and (b) on the application of
AMP, to annex any property that may hereafter be acquired by AMP
for the purposes of the free market development above -described,
provided that such property otherwise is eligible for annexation
as eligibility is determined under Section 31-12-104, C.R.S., 1971
8. RETAINED PARCEL. AMP shall retain ownership of the
quadrilateral shaped piece of property consisting of& S" + acres
and situate at the northeasternmost section of the property
described in Exhibit "A" hereto.
9. FURTHER DOCUMENTS, COOPERATION, GOVERNMENTAL
APPROVALS, DISCLOSURE. The parties agree fully to cooperate with
each other to the end that the terms, conditions and provisions
hereof shall be fully implemented and effectual and to execute
►' such further docuinetns consistent herewith as may, in the
j circumstances, be necessary. The parties recognize that in order
to effectuate this Settlement Agreement further public proceedings
and applications may be necessary. AMP agrees to process any
such further applications as may reasonably be necessary and the
Association agrees to support such applications that are consistent
with this Settlement Agreement. The City, including its staff
and elected officials, agrees, to the maximum extent permissible,
consistent with statutory and other legal obligati-ons, to take
such steps and grant such approvals as are consistent herewith
and as may be
necessary.
The parties
agree
that this
Settlement j
i
Agreement and
arty other
understanding
shall
be fully
and publicly
disclosed.
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IN F11I12-COi' the . parties have executed this
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instrument tlie clay and year first above written.
ATTEST: CITY OF ASPEN
City Clerk Herman L el, Mayor
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ASPEN MOUNTAIN PARK PARTNERSHIP
1 ATTEST:
SMUGGLER TRAILER PARK iiOMEWONERS
ASSOCIATION
By
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1.0. COVENANT l�GAINST SUIT FOR DAMAGE'S. The parties
agree acid acknowledge that ,no action at law for damages shall be
�i maintainable against the City in the event it detcrmi'ics reasonably
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and in good faith that enabling legislation to effectuate this !
i Agreement may 'lot be passed; provided, however, that the City
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acknowledges, agrees and intends that, in reliance upon this
Agreement, AMP (a) shall immediately undertake to perform its
obligations hereunder, including installation of park improvements)
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arrangements -for financial. assistance in connection i.-ith the :gale
of the Park, and sale of the Park all as above provided and (b)
may enter into binding contracts for the purchase of property for
purposes of free market unit development, all to the end that
principles of vested rights and equitable estoppel, as contrasted
from monetary damages, shall apply to protect such reliance
activities of AMP notwithstanding the inability of the City to
pass such enabling legislation; and, provided further that in
the event this Agreement shall become the subject of litigation
commenced by other than the parties hereto AMP shall defend,
indemnify and hold the City harmless from and against any and
all costs associated with such litigation.
AN APPLICATION FOR
SUBDIVISION/CONDITIONAL USE APPROVAL
FOR THE
OBLOCR TOWNHOUSE PROJECT
Submitted by
THE OBLOCR PARTNERSHIP
400 West Main Street, Suite 100
Aspen, Colorado 81611
(303) 920-1142
Prepared by
VANN ASSOCIATES, INC.
Planning Consultants
230 East Hopkins Avenue
Aspen, Colorado 81611
(303) 925-6958
and
LIPRIN WARNER DESIGN PARTNERSHIP
400 West Main Street, Suite 100
Aspen, Colorado 81611
(303) 920-1142
TABLE OF CONTENTS
Section Page
I. INTRODUCTION
1
II. PROJECT SITE
3
III. PROPOSED DEVELOPMENT
6
IV. REVIEW REQUIREMENTS
16
A. Subdivision
16
B. Conditional Use
23
C. Growth Management Exemption
27
D. Alley Encroachment
28
E. Vested Property Rights
31
APPENDIX
A. Exhibit 1, Land Use Application
Form
Exhibit 2, Personal Representative's
Deed
Exhibit 3, Permission to Represent
B. Exhibit 1, Letter from Schmueser Gordon
Gordon Meyer
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0 to
I. INTRODUCTION
The following application requests subdivision approval
for the development of a fourteen (14) unit, multi -family
residential project on the so-called "Oblock" property. The
application also requests conditional use approval and
exemption from growth management for the project's four (4)
accessory dwelling units, permission to encroach under a
public alley, and vested property rights status for the
project's various development approvals. A separate
condominiumization application will be submitted upon sub-
stantial completion of the project (see Land Use Application
Form, Exhibit 1, Appendix A).
As the Vicinity Map on the following page illustrates,
the property is located adjacent to West End Street between
Cooper and Durant Avenues. The owner of the property is
Bass Cahn Properties, a New Jersey limited partnership (see
Personal Representative's Deed, Exhibit 2, Appendix A). The
project applicant is The Oblock Partnership, a Colorado
limited partnership which was formed to develop the proper-
ty. The partnership consists of the property owner and
Aspen Mountain Park II, the owner of the transferrable
development rights which are to be used to develop the
project. The Applicant's representative is Sunny Vann of
Vann Associates, Inc., Planning Consultants (see Permission
to Represent, Exhibit 3, Appendix A).
1
Vicinity Map
The application has been divided into three (3) parts.
The first part, or Section II. of the application, provides
a brief description of the project site, while Section III.
describes the Applicant's proposed development. The third
part, or Section IV., addresses the proposed development's
compliance with the applicable review requirements of the
Aspen Land Use Regulations. For the reviewer's convenience,
all pertinent supporting documents relating to the project
(e.g., proof of ownership, utility analysis, etc.) are
provided in the various appendices to the application.
While the Applicant has attempted to address all
relevant provisions of the Land Use Regulations, and to
provide sufficient information to enable a thorough evalu-
ation of the application, questions may arise which result
in the staff's request for further information and/or
clarification. The Applicant would be pleased to provide
such additional information as may be required in the course
of the application's review.
II. PROJECT SITE
The project site consists of two (2) distinct parcels
of land which are separated by a public alley. Each parcel
consists of six (6) townsite lots and contains eighteen
thousand (18,000) square feet of land area. More specifi-
cally, Parcel A consists of Lots D, E, F, G, H and I, Block
112, of the original Aspen townsite, while Parcel B consists
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of Lots N, O, P, Q, R and S. Lots D through I, and N
through S, have merged pursuant to Section 7-1004.A.5. of
the Regulations. As a result, each parcel is construed to
be an undivided lot for development purposes. The two
parcels, however, are to be developed as a unified site
pursuant to Section 7-1004.A.4. Both parcels are zoned
R/MF, Residential/Multi-Family.
As the property survey on the following page illus-
trates, the topography of the site slopes gently from
southeast to northwest. Existing site improvements are
limited to several outbuildings and a metal storage shed,
all of which are currently being removed from the site. The
brick house and wooden structure which are shown on the
survey have been previously removed pursuant to valid
demolition permits. Natural vegetation within the property
boundaries consists of several large evergreens and various
deciduous trees. Additional mature vegetation is located
within the public right-of-ways which abut the property.
Existing utilities in the immediate site area include
water, sewer, electric, telephone, natural gas, and cable
TV. A fourteen (14) inch and a six (6) inch water main are
conveniently located in Cooper and Durant Avenues, respec-
tively. An eight (8) inch sanitary sewer and electric,
1 telephone, natural gas and cable TV service are located in
the alley between the parcels.
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II. PROPOSED DEVELOPMENT
The Applicant proposes to construct two (2) multi-
family buildings containing ten (10) free market residences
and four (4) accessory dwelling units on the project site.
As the Site Development Plan on the following page illus-
trates, Parcel A will contain five (5) three bedroom free
market units and two (2) studio accessory units. Parcel B
will contain four (4) three bedroom free market units, one
(1) two bedroom free market unit, and two (2) studio
accessory dwelling units. Thirty-four (34) parking spaces,
or approximately one (1) space per bedroom, will be provided
in a subgrade parking garage which is accessed directly from
the alley.
The proposed development has been designed in compli-
ance with the dimensional requirements of the R/MF zone
district and the subdivision design standards of Section 7-
1004.C.4. of the Land Use Regulations. As Table 1 on page
8 indicates, the minimum required lot area for the proposed
unit mix is less than the property's total site area. The
proposed building envelopes meet or exceed all applicable
setback requirements, and the amount of site area to be
preserved as open space exceeds the minimum standard.
Approximately fourteen thousand eight hundred and sixty
(14,860) square feet, or forty-one (41) percent of the
project site, has been preserved as open space.
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Table 1
DEVELOPMENT DATA
1.
Existing Zoning
R/MF
2.
Total Site Area (Sq. Ft.)
36,000
Parcel A
18,000
Parcel B
18,000
3.
Minimum Required Lot Area (Sq. Ft.)
34,770
Free Market Units
9 - 3 Bdrm. Units�63q. Ft./Unit
34,770
1 - 2 Bdrm. Unit @ 2,100 Sq. Ft./Unit
2,100
Accessory Dwelling Units
4 - Studio Unitsi
None
4.
Maximum Allowable External Floor
36,000
Area @ 1:1 (Sq. Ft.)
5.
Proposed Building Area (Sq. Ft.)
70,830
Area Attributable to FAR
35,490
Area Exempt from FAR 2
35,340
6.
Minimum Required Open Space
12,600
@ 35 Percent Lot Area (Sq. Ft.)
7.
Proposed Site Coverage (Sq. Ft.)
Building Footprint
17,080
Area Attributable to Open Space
14,860
8.
Minimum Required Parking
33
@ 1 Space/Bdrm.
9.
Proposed Project Parking Spaces
34
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Pursuant to Ordinance #47, Series of 1988,
accessory
dwelling units are not counted for density
purposes.
2
Includes subgrade parking garage, portions
of afford-
able housing units, and exterior decks.
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It should be noted that the Land Use Regulations do
not require architectural review of the proposed develop-
ment. The Applicant, however, is prepared to submit
preliminary floor plans and elevations for information
purposes upon completion of the architect's schematic design
process. It is anticipated that these materials will be
available prior to the Planning and Zoning Commission's and
the City Council's review of the project. While final FAR
calculations are presently unavailable, for purposes of this
application, it may be assumed that the proposed develop-
ment's external floor area ratio will approximate 1:1.
As the schematic Parking Garage Plan on the following
page illustrates, each free market unit will have its own
enclosed parking area within the project's subgrade parking
garage. Direct access to each unit will be provided from
the garage level via private elevators and individual
enclosed stairways. A variety of storage areas and a
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central trash collection and compaction area are also
located on the project's garage level. While on -site
parking is not required for the project's four ( 4 ) accessory
dwelling units, one (1) space per unit has been incorporated
Iin the garage design. Vehicular access to the parking
garage has been provided from the alley at the west end of
the property in order to eliminate a curb cut on either
Cooper or Durant Avenue, and to facilitate turning movements
1 on West End Street.
9
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SITE: SECTION NORTH -SOUTH
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To enhance circulation, and to minimize vehicular/pe-
destrian conflicts, the garage design incorporates a tunnel
beneath the alley, thereby eliminating the need for a second
access ramp. The elimination of this ramp will facilitate
the Applicant's proposed improvement of the alley as an
attractive pedestrian space for the benefit of both project
residents and the public at large. The alley, however, will
remain open for passenger drop off and service vehicle
access. As the Site Section on the preceding page illus-
trates, sufficient depth exists above the tunnel to accommo-
date the alley's existing utilities. The Applicant will
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enclose these utilities within appropriate conduit as may
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be required by the individual utility companies.
The proposed accessory dwelling units will be located
on the garden level of free market units 1A, 2A, 1B and 2B.
Each studio unit will contain approximately four hundred and
forty (440) square feet of net livable area and an outdoor
patio. To enhance livability, the accessory units are
approximately forty-seven (47) percent larger than the
City's minimum size requirement of three hundred (300)
square feet. As the typical Accessory Dwelling Unit Plan
on the following page illustrates, the proposed units may
be accessed from both the outdoor patio and the adjoining
free market unit. The accessory dwelling units will be deed
restricted pursuant to the Housing Authority's guidelines
lfor "Resident Occupied" units.
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LEVEL 2 PLAN
1/8" = F-0"
CESSORY
SING
IT
TOWNHOUSES
a
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As the Landscape Plan on the following page illus-
trates, the project site will be extensively landscaped.
The landscape concept for the project focuses on two
separate areas: 1) the area adjacent to Cooper Avenue,
Durant Avenue and West End Street and 2) the project's
interior courtyard area and the alley. The design for the
area along the streets responds to existing conditions and
vegetation. Preservation of the existing trees is of
paramount concern and has been achieved by locating proposed
sidewalks accordingly. In keeping with Aspen's traditional
streetscape, the plan calls for the planting of additional
cottonwoods along Cooper Avenue and the relocation of
several spruce trees to West End Street.
The area between the buildings and along the alley has
been designed as a courtyard for the project. While the
alley will remain open to the vehicular traffic, it will be
widened near the center of the property and lined with trees
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in order to create a more pedestrian space. A low wall will
�I run the length of the buildings on both sides of the alley
to create a degree of privacy for the residences. The area
between the wall and the alley will be sodded and groupings
of evergreens and birch will be used to separate the
residences from one another. Various shrubs and season
flowering plants will be located among the trees and along
the wall. The overall intent will be to unify the building
grounds and to enhance the appearance of the alley.
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IV. REVIEW REQUIREMENTS
The proposed
development is
subject to both
subdivision
and conditional
use review.
An exemption
from growth
management, approval to encroach into the alley, and vested
property rights status are also requested. Each of these
review requirements is discussed below.
A. Subdivision
Pursuant to Section 3-101 of the Land Use Regula-
tions, land to be used for condominiums, apartments or any
other multiple dwelling units is by definition a subdivi-
sion. Consequently, the Applicant's proposed development
of a fourteen (14) unit, multi -family residential project
is subject to the City's review and approval. Such develop-
ments are reviewed pursuant to the provisions of Section 7-
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1004.C. of the Regulations. The specific subdivision review
criteria, and the proposed development's compliance there-
with, are summarized as follows.
1. "The proposed subdivision shall be consistent
with the Aspen Area Comprehensive Plan."
The 1973 Aspen Land Use Plan indicates that the
project site is located within the so-called "Mixed Resi-
dential" land use category. As noted previously, the
project site is zoned R/MF, Residential/Multi-Family. The
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proposed multi -family development is a permitted use in this
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zone district and is consistent with the Land Use Plan's
mixed residential designation. To the best of the Appli-
cant's knowledge, no other element of the Comprehensive Plan
contains recommendations which preclude, or otherwise
pertain to, the proposed development.
2. "The proposed subdivision shall be consistent
with the character of existing land uses in the area. The
proposed subdivision shall not adversely affect the future
j development of surrounding areas.'
The proposed development is consistent with the
character of existing land uses in the surrounding area,
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and will have no adverse effect on the area's future
development. The immediate site area consists of mixed
residential development, including numerous multi -family
condominium structures, several relatively new duplexes, and
a few older single-family residences. A substantial number
of the area's multi -family condominiums are rented in the
short term tourist market. With the exception of the
project site, the area is essentially fully developed.
3. 'The proposed subdivision shall be in
compliance with all applicable requirements of the Land Use
Regulations."
The proposed development has been designed to
comply with the applicable requirements of the underlying
17
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R/MF zone district and all relevant requirements of the
Aspen Land Use Regulations.
4. "The proposed subdivision shall not be
located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other
natural hazard or other condition that will be harmful to
the health, safety, or welfare of the residents in the
proposed subdivision."
No natural hazards adversely affect the develop-
ment of the property. Consequently, no adverse affect upon
the health, safety or welfare of the project's residents is
anticipated.
5. "The proposed subdivision shall not be
designed to create spatial patterns that cause inefficien-
cies, duplication or premature extension of public facili-
ties and unnecessary public costs.11
No governmental inefficiencies, duplication of
facilities, or unnecessary public costs will occur as a
result of the provision of public services to the proposed
development. All required utilities are currently available
in the immediate site area. All costs associated with the
installation of public improvements to serve the project
will be borne by the Applicant as may be required.
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In addition to compliance with the preceding
review criteria, the Land Use Regulations also require that
various improvements be provided in connection with the
proposed subdivision, and that specific standards be adhered
to in the subdivision's design. At the Applicant's request,
Mr. Jay Hammond, P.E., of Schmueser Gordon Meyer, Inc.,
Consulting Engineers, has reviewed the applicable require-
ments of the Regulations and discussed the project with the
City's referral agencies (see Exhibit 1, Appendix C). The
improvements and design standards which pertain to the
Applicant's proposed development, and the project's compli-
ance with- Schmueser Gordon Meyer's recommendations, are
summarized as follows.
1. Water. Water service to the proposed
development will be provided via the area's existing mains.
The Applicant will tap the fourteen (14) inch main in Cooper
Avenue with an eight (8) inch line and valve to be installed
in West End Street. A service line will be extended from
the eight (8) inch main to the units located on Parcel A.
A second service line will be extended from the six (6) inch
main in Durant Avenue to the units located on Parcel B. All
units will be individually metered. The Aspen Water
Department has indicated that connection to the existing
mains is acceptable, and that the municipal water system has
sufficient capacity to accommodate the project.
19
2. Sewer. The proposed development will be
served by the existing eight (8) inch sanitary sewer located
in the alley between Parcels A and B. According to the
Aspen Consolidated Sanitation District, anticipated flows
can be accommodated provided, however, that the Applicant
makes certain improvements to a segment of the existing
sanitary sewer system. More specifically, the Applicant
will be required to replace the existing sanitary sewer
located in the alley behind the Independence Building with
a larger line. The Applicant will commit to the required
upgrade as a condition of subdivision approval. As the
upgrade will benefit the District's system as a whole, the
Applicant will negotiate with the District to determine an
equitable basis for cost sharing.
3. Electric, Telephone, Natural Gas and Cable
TV. Electric, telephone, natural gas and cable TV service
i is presently located in the alley between Parcels A and B,
and will be extended to serve the proposed development as
necessary. All required extensions of these utilities will
be located underground and will conform to the applicable
extension policies of the individual utility companies.
j4. Easements. Easements to accommodate utility
extensions will be provided in compliance with the applica-
ble provisions of Section 7-1004.C.4.b. of the Regulations
as may be required. All utility easements to be conveyed
20
by the Applicant will be described in the project's subdivi-
sion agreement and depicted on the final subdivision plat.
5. Sidewalk, Curb and Gutter. There are
presently no sidewalks within the immediate site area. The
project site, however, is located within the sidewalk
district defined by City Council Resolution #19, Series of
1975. The Resolution requires the installation of a five
(5) foot wide sidewalk and curb and gutter along all street
frontages. As discussed previously, the Applicant will
j install a sidewalk around the periphery of the property.
Given the size of the trees along the Durant Avenue and West
End Street frontages, the Applicant will consult with the
City's Parks and Engineering Departments with respect to the
i
type and location of the sidewalk to be installed.
Both the Durant Avenue and West End Street
frontages presently contain a so-called "rolled" curb and
gutter as opposed to the more common "vertical" curb used
throughout the City. Although rough in places, the curb is
generally serviceable. No curb and gutter, however, is
presently available along Cooper Avenue. The Applicant will
replace the existing curb along Durant Avenue and West End
Street with vertical curb and gutter as may be required by
the Engineering Department, and will install curb and gutter
along the property's Cooper Avenue frontage. Asphalt will
be installed between the existing street to the gutter pan.
21
•
6. Fire Protection.
Fire protection for the
proposed development will be provided by the Aspen Volunteer
Fire Department. The project site is located approximately
six (6) blocks from the fire station, resulting in a
response time of approximately three (3) to five (5)
minutes. A fire hydrant is conveniently located at the
southeast corner of the property. An additional hydrant is
located across the street from the property at the corner
of Cooper Avenue and West End Street. The proposed develop-
ment is readily accessible to emergency and fire protection
vehicles via the alley and surrounding street system.
7. Drainage. The proposed development's storm
drainage system will be designed to maintain historic flow
rates with respect to surface water runoff and groundwater
recharge. On -site drywells will be utilized to intercept
and detain runoff from building roofs and impervious areas,
and to control the rate of groundwater recharge. The
parking garage will contain a sand and grease trap and a
sump which will pump snowmelt to the sanitary sewer. A
detailed stormwater drainage plan will be submitted in
conjunction with the Applicant's final plat submission.
8. Roads. No improvements to the existing
streets in the immediate site area will be required as a
result of the proposed project. The additional traffic
generated by the project will have no significant impact as
22
0
all streets are currently operating well below their rated
capacity. As discussed previously, sidewalks will be
installed by the Applicant along the property's street
frontages. Access to the project's subgrade parking garage
will be via the alley. These two design features should
significantly improve circulation and reduce vehicular/pede-
strian conflicts.
9. Final Plat. Section 7-1004.D.2.a.(1) of the
Land Use Regulations requires the preparation of a final
plat prior to City Council review of a subdivision applica-
tion. As the proposed subdivision does not involve the
creation of separate lots, and since the City Council may
require revisions to the project's design, it would appear
appropriate to delay the preparation of the final plat until
after Council review. The submission of a recordable final
plat and improvements agreement for staff review and the
Mayor's signature is a reasonable condition of subdivision
approval.
B. Conditional Use Review
Section 2 of Ordinance #47, Series of 1988, added
"Accessory Dwelling Units" to the list of conditional uses
in the R/MF zone district. Pursuant to Section 7-302 of the
Land Use Regulations, all conditional uses are subject to
the review and approval of the Planning and Zoning Commis-
sion. The specific review criteria for conditional uses,
23
and the proposed accessory dwelling units' compliance
therewith, are summarized below.
1. "The conditional use is consistent with the
purposes, goals, objectives and standards of the Aspen Area
Comprehensive Plan, and with the intent of the Zone District
in which it is proposed to be located."
The proposed accessory dwelling units have been
designed to comply with the recently adopted provisions of
Section 5-510 of the Regulations. Each studio unit will
contain approximately four hundred and fifty (450) square
feet of net livable area, is located within the proposed
multi -family structures, and will be deed restricted
pursuant to the Housing Authority's "Resident Occupied"
guidelines. Although not specifically required, one (1)
parking space will be provided for each unit in the proj-
ect's subgrade parking garage. The proposed accessory units
I
j are consistent with the purpose of the R/MF zone district
and with the City's policy of encouraging the voluntary
development of such units in its residential neighborhoods.
2. "The conditional use is consistent and
compatible with the character of the immediate vicinity of
the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and
activities in the vicinity of the parcel proposed for
development.',
24
0
•
The area immediately surrounding the project site
is devoted almost entirely to residential uses. The
inclusion of four (4) accessory dwelling units within the
proposed development is a desirable compliment to free
market residential development and, as discussed above,
consistent with current community goals and objectives.
3. 'The location, size, design and operating
characteristics of the proposed conditional use minimizes
adverse effects, including visual impacts, impacts on pedes-
trian and vehicular circulation, parking, trash, service
delivery, noise, vibrations and odor on surrounding proper-
ties. 11
The inclusion of accessory dwelling units within
the proposed development will have no adverse effect upon
surrounding properties. Given the size of the project site,
and the fact that the accessory units are located within the
proposed structures, no additional visual impact will occur.
Parking for the units will be provided and no significant
impact is anticipated on the existing road system.
4. "There are adequate public facilities and
services to serve the conditional use including but not
limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services,
hospital and medical services, drainage systems, and
schools. $I
25
•
•
As discussed under subdivision review, all
utilities and the public road system are adequate to serve
the proposed conditional use. Adequate fire protection is
available to protect the accessory dwelling units. Given
the limited nature of the use, no adverse impact on such
public facilities as hospitals, schools, etc. is antici-
pated.
S. "The Applicants commit to supply affordable
housing to meet the incremental need for increased employees
generated by the condition use."
The proposed free market units are exempt from
growth management. As a result, the provision of affordable
housing is not required. The Applicant's voluntary inclu-
sion of four (4) accessory dwelling units within the
project, however, should be viewed as a positive contribu-
tion to the solution of the community's affordable housing
I, problem.
6. "The proposed conditional use complies with
all additional standards imposed on it by the Aspen Area
Comprehensive Plan and by all other applicable requirements
of this chapter."
As discussed under criteria #1 above, the proposed
conditional use is consistent with the Aspen Area Comprehen-
sive Plan, the purpose of the underlying zone district, and
26
1
the specific standards which govern such uses. The struc-
tures in which the accessory uses are located have been
designed in compliance with all applicable dimensional
requirements of the R/MF Zone District.
C. Growth Management Exemption
All of the dwelling units within the Applicant's
proposed development are exempt from growth management.
INine (9) of the free market units will be constructed
utilizing the transferrable development rights which were
previously granted to Pitkin Limited, a Colorado corpora-
tion, in connection with their redevelopment of the Smuggler
Mobile Home Park for employee housing purposes. These
rights were expressly exempted from growth management by the
City at the time they were conferred upon Pitkin Limited.
The remaining free market unit, and the four (4)
accessory dwelling units, are also exempt from growth
management pursuant to Section 8-104.A.1.a. and Section 8-
104.B.1.d. of the Regulations, respectively. Section
. exempts the reconstruction of an existing
residence. As noted previously, the existing single-family
residence located at 820 East Durant was recently demolished
pursuant to a legally issued demolition permit. Section 8-
104.B.1.D. provides for the exemption of one (1) accessory
dwelling unit per free market unit subject to the Planning
and Zoning Commission's review and approval.
27
D. Alley Encroachment
As discussed in Section III. of this application,
the Applicant proposes to improve the project's vehicular
circulation by constructing an access tunnel beneath the
public alley located between Parcels A and B. Pursuant to
Section 19-5 of the Municipal Code, permission to encroach
into a public right-of-way is subject to review by the
Engineering Department and the approval of the City Council.
The specific review criteria promulgated by the Engineering
Department for such requests, and the proposed development's
compliance therewith, are summarized below.
1. "Circulation. Does the proposed encroachment
or vacation cause a potential problem with regard to
accessing property in the area. Could the request hinder
area circulation or prevent service vehicles or utility
companies from accessing facilities or other structures."
As the proposed encroachment will be located
beneath the alley, no adverse impact upon vehicular circula-
tion will occur. In fact, the proposed tunnel will elimi-
nate the need for a second access ramp to serve the proj-
ect's parking garage, thereby enhancing circulation in the
alley and reducing the potential for vehicular/pedestrian
conflicts. Existing utilities within the alley will
continue to be accessible as they are located above the
ceiling of the proposed tunnel.
WP
2. "Streets Maintenance. Does the proposed
encroachment or vacation create a possible problem for
street maintenance or snow removal operations."
The proposed vacation will have no effect upon
street maintenance or snow removal.
3. "Utilities. Could the proposed encroachment
or vacation interfere with existing or future utility needs
for the area."
As the Site Section on page 11 illustrates, the
proposed tunnel is located well below the surface of the
alley and beneath the existing utility lines which are
i
presently located therein. As recommended by Schmueser
Gordon Meyer, service lines will be enclosed within conduit
as may be required by the individual utility companies to
facilitate service and repair.
4. "Enforcement. Could the proposed encroach-
ment or vacation create or compound an existing problem for
I
traffic control, city police, or fire department personnel."
The proposed vacation will not create or compound
I an existing problem for traffic control, police or fire
i
department personnel.
5. "Expansion. Does the proposed encroachment
or vacation provide the opportunity for expanding the floor
29
0 ft
area of structures. Would such expansion require Growth
Management Approval."
As the proposed parking garage and tunnel are
located one hundred (100) percent below grade, they are
exempt from the calculation of floor area. The requested
encroachment, therefore, does not affect the size of the
proposed development.
6. "Income Space. Is the encroaching space
intended for commercial or other income producing space."
No income producing space will be produced as a
result of the encroachment. The sole purpose of the
subgrade tunnel is facilitate vehicular circulation.
7. "Adopted Plans. Considering whether the
proposed encroachment or vacation is consistent with any
adopted plan (i.e., trails, malls, improvement districts,
etc.)."
To the best of the Applicant's knowledge, the
proposed encroachment into the alley will have no adverse
impact upon any adopted plan for the area.
l 8. "Benefit. Considering whether the en-
croachment or vacation is beneficial to the City of Aspen.
Granting of encroachments should generally occur under one
of the following conditions.
Hue
a) To acknowledge an existing condition and
outline the owner's liability and responsibility for
maintenance and removal of the encroaching structure.
b) To license an encroachment that is a
public amenity.,,
Approval of the requested encroachment would be
beneficial to the public as it would permit the design of
a more efficient parking structure which in turn would
improve vehicular circulation and reduce the potential for
vehicular/pedestrian conflicts. The proposed encroachment
' will have no adverse affect upon existing utilities located
within the alley nor will public access be affected in any
way. All costs associated with the construction of the
proposed tunnel will be borne by the Applicant.
E. Vested Property Rights
j In order to preserve, as may be allowed, the land
use approvals which may be obtained as a result of this
f application, the Applicant hereby requests vested property
rights status pursuant to the provisions of Section 6-207
of the Land Use Regulations. It is understood by the
Applicant that, to establish such status, final approval of
the proposed development must be granted by ordinance of the
City Council. It is also the Applicant's understanding that
t no specific submission requirements, or review criteria
31
•
r-�7
other than a public hearing, are required to confer such
status.
32
1
a
r! 0*
B011H 580 463
EXHIBIT A
1. The lien for 1988 ad valorem taxes.
2. Exceptiuns and Mineral Reservations as contained in Patent
to Aspen Townsite recorded March 1, 1897 in Book 139 at
Page 216 as Reception No. 60156.
3. Any and all rights to minerals underlying the subject prop-
erty.
4. Easement for electric transformer granted to the City of
Aspen under terms and conditions as set forth in the
unrecorded Easement Agreement between Matthew Oblock and
said City of Aspen dated October 13, 1986.
5. Encroachment of "One Story Building" onto Cooper Avenue and
West End Street as shown on survey by Alpine Surveys dated
April 5, 1988 as Job No. 88-43.
6. Encroachment of 3 sheds onto alley of Block 112 as shown on
survey by Alpine Surveys dated April 5, 1988 as Job
No. 88-43.
-2-
dpl:tjt312
z 6) 00 EXHIBIT 2
eoaK 0
PERSONAL REPRESENTATIVE'S DEED
THIS DEED made by ELIZABETH SINCLAIR as Personal Representa-
tn,,o tive of the ESTATE OF MATHEW M. OBLOCK, JR., aka MATHEW M.
o d� OBLOCK, aka MATHEW OBLOCK, deceased, Grantor, to BASS CAHN
PROPERTIES, a New Jersey partnership, Grantee whose address is
Post Office Box 5078, Aspen, Colorado 81612.
WHEREAS, the above -named decedent in his lifetime made and
executed his Last Will and Testament dated October 6, 1978, which
Will was duly admitted to informal probate on October 13, 1987,
by the District Court, County of Pitkin, Stare of Colorado. Case
No. 87PR27; and
WHEREAS, Grantor was duly appointed Personal Representative
of said Estate on October 13, 1987 and is now qualified and act-
ing in said capacity.
THEREFORE, for and in consideration of the sum of One Mil-
lion Eight Hundred Fifty Thousand and Nu/100 Dollars
($1,850,000.00), pursuant to the powers conferred upon Grantor by
the District Court, Grantor does hereby sell and convey unto the
said Grantee, its successors and assigns forever, all of the fol-
lowing described lots or parcels of land, situate, lying and
being in the County of Pitkin and State of Colorado, to wit:
Lots D, E, F, G, H, I, N, 0, P, Q, R and S,
Block 112
City and Townsite of Aspen
with all appurtenances free and clear of all taxes, liens and
encumbrances, except those matters set forth on Exhibit A,
hereto.
EXECUTED this 9th day of December, 1988.
m
M o m
v, o
r
u
Cn
E.li Beth Sinclair, as
r f Personal Representative of, the
p Estate of Mathew M. Oblock, Jr.,
Ch Y aka Mathew M. Oblock,
t: n aka Mathew Oblock, Deceased
a _
C� rr•
STATE OF COLORADO ) DEC 08
ss.
COUNTY OF PITKINThe foregoing instrument was acknowledged before me this 9th
day of December, 1988, by Elizabeth Sinclair, as Personal Repre-
sentative of the Estate of Mathew M. Oblock, Jr., aka Mathew M.
Oblock, aka Mathew Oblock, Deceased.
Witness my hand and official seal.
;'O�Y Xommission expires: iuo-). 6 l9o'9
Notary Public
0OIA14D � �ON FORM�� EXHIBIT 1
1) Project Name
2) Proj ect Location Z<n7;7�
(indicate street address, lot & block number, legal description where
appropriate)
3) Present Zoning / 1 �rl� 4) Lot Size
r
5) Applicant's Name, Address & Phone
Ann -t
6) Representative's Name, Address & Phone #
7) Type of Application (please check all that apply):
Y Conditional Use Conceal SPA
Special Review Final SPA Final Historic Dev.
8040 Greenline Conceptual PUD Minor Historic Dev.
Stream Margin Final PUD Historic Demolition
Mountain View Plane ✓ Subdivision Historic Designation
Condcminiumizaticn Text/Map Amendment GM�S Allotment
lot Split/Imt Line ✓ GT)S cn
Adjust mie nt
8) Description of ENistin Uses (number and type of existing structises;
approximate sq. ft. ; number of bedrooms; any previous approvals granted to the
property) -
i
9) Description of Development Application
10) Have you attached the following?
✓ Response to Attachment 2, Mi_n i m m S1UEi Ssion 03ntents
Response to Attachment 3, Specific Stet i ssicn Oontents
Response to Attachment 4, Review Standards for Your Application
APPENDIX A
C�
MEMORANDUM
TO: Mayor and Council
THRU: Bill Efting, Acting City Manager �li i
FROM: Leslie Lamont and Amy Margerum, Planning
RE: Oblock Subdivision, Lots D-I and N-S, Block 112
(between Cooper and Durant on West End Street), Second
Readi_g Ordinance 14
DATE: April 9, 1990
SUMMARY: The applicant proposes to construct 10 free market
units and 4 accessory dwelling units. Subdivision review is
required. An encroachment license is necessary for the
development of the underground parking garage.
The Planning and Zoning Commission reviewed and approved the
conditional use for the accessory dwelling units. The Commission
also recommends to the Council subdivision approval with
conditions. The Planning Director approved the GMQS Exemption
for the replacement of one single family home.
Council, at the March 12 meeting, approved the first reading of
the Ordinance 14.
Staff recommends subdivision approval with conditions.
COUNCIL GOALS: The subdivision review process compliments
Council's goal #14.
PREVIOUS COUNCIL ACTION: At Council's January 22 meeting, the
Council concurred with the Attorney's interpretation that the
Lipkin Transfer of Development Rights (TDRs) are exempt from
employee housing requirements (Oblock is using 9 TDRs).
Council also directed staff to prepare a code amendment that
would enable a GMQS Exemption for accessory dwelling units in new
multi -family developments. Staff will include that code
amendment in a full package of code amendments planned for review
in the Spring.
BACKGROUND: The Planning and Zoning Commission reviewed this
proposal at their February 6 meeting. The Commission approved
the conditional use for accessory dwelling units and approved to
recommend to Council subdivision approval.
The Commission approved this project by Resolution. Please see
attached Resolution.
PROBLEM DISCUSSION: The applicants have demolished one single
family home and intend to construct a 10 free market/4 accessory
dwelling unit residential complex. Subdivision and conditional
use review are required.
The applicant proposes to use 9 Lipkin TDR's for the free market
units and one GMQS Exemption for replacement of the single family
home that had occupied the site. The accessory dwelling units
shall be included within four of the free market units.
An underground parking garage is proposed with one entrance ramp.
The garage will provide 34 parking spaces, or approximately one
space per bedroom. The project incorporates twelve traditional
city lots, six on either side of the alley. To facilitate the
parking garage with only one entrance ramp, the applicants will
need an encroachment license to construct a portion of the garage
underneath the alley. Staff recommends approval of the
encroachment license as an underground parking garage enhances
the site design and one entrance to the garage is preferable.
Please see attached Planning and Zoning memo, January 12, for a
complete subdivision review and conditions of approval.
ADVISORY COMMITTEE VOTE: 6 FOR 0 AGAINST 2 ABSTAINED
KEY ISSUES: 1) Although not required to review development/site
design plans, Council requested, and the applicant agreed, to
bring development plans for review at second reading.
2) Regarding the condition of approval that the applicant
consider extending the water main, Mayor Stirling requested staff
to research the water situation on Durant Street. According to
Jim Markalunas, slowly, connection by connection the ability to
provide an adequate water supply is being exacerbated by new
connections. An extension of the 8" Main will help that end of
town.
RECOMMENDATION: The Planning and Zoning Commission recommends
subdivision approval with conditions. Staff recommends approval,
on second reading, with conditions as outlined in Ordinance 14.
ALTERNATIVES: 1. Council may deny the encroachment license thus
requiring the applicants to either provide at grade parking or
construct two separate garages with two separate entrances.
2. Deny the subdivision.
PROPOSED MOTION: "I move to approve the subdivision with
conditions as outlined in Ordinance 14 and the Commission
Resolution 90-1."
"Move to adopt Ordinance 14, Series of 1990, on Second Reading.
"Move to approve Ordinance 14, Series of 1990, on Second Reading.
2
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Ordinance 14
B. Commission Resolution 90-1
C. Planning and Zoning Commission memo, January 12, 1990
• 0
WARP -UP SUMMARY SHEET FOR OBLOCK TOWNHOMES, LOTS D-I AND N-S,
BLOCK 112
The City Council, at their April 9 1990 meeting, granted
subdivision and vested rights and adopted Ordinance 14 Series of
1990 for the Oblock subdivision with the following conditions:
1. Prior to the issuance of a building permit a final plat shall
be filed subject to review and approval of the Engineering
Department. The final plat shall include but not limited to:
a. The surveyor's certificate must indicate that all
easements indicated on Title Policy No. 0-9941-38538, dated
December 9, 1988, have been shown on this plat.
b. Easements for transformers and utility pedestals subject
to review by the Engineering Department.
C. An above grade trash service area.
2. Prior to the issuance of a building permit a subdivision
agreement shall be submitted for review and approval by the
Planning Department. The Subdivision Agreement shall include but
not be limited to:
a. an agreement to join any future improvements districts.
b. language binding the applicant to bond for five years the
value of the large evergreens (removed for the garage ramp) for
relocation or replacement purposes.
3. Project approval shall be conditioned upon receiving an
encroachment license for the parking garage. If an encroachment
license is not granted then the applicant shall submit new site
plans for staff and P&Z review.
4. Prior to issuance of a building permit the applicant shall
submit a storm water drainage plan to be reviewed and approved by
the Engineering Department the plan shall include, but not
limited to, demonstration that the historic drainage pattern will
not be affected and all snowmelt facilities, foundation drains or
outside floor drains shall be connected to a dry well of the
storm sewer, in accordance with the Clean Water Act.
5. Prior to final approval, a portion of the existing fencing
should be relocated because it is in the public right-of-way and
blocks public use of the sidewalk area.
6. The City requests that if any boulders larger than 36" are
excavated on the site and are not needed that they be provided to
the City.
7. Prior to recordation of the subdivision agreement and final
plat, the applicant shall submit documentation to the Planning
Department demonstrating that downstream collection constraints
can be mitigated to the satisfaction of the Aspen Consolidated
Sanitation District. The actual cost and financial guarantee
shall be incorporated into the subdivision agreement.
• 0
8. Prior to the issuance of an excavation permit, the tunnel and
underground garage design shall be approved by the Aspen
Consolidated Sanitation District.
9. The 6 large spruce trees on West End Street and those along
Durant shall not be removed. Removal of any tree larger than 6"
in caliper shall require a tree removal permit.
10. The applicant shall work with the Parks Department to
relocate the clump of large evergreens being removed for the
construction of the garage ramp. The applicant shall also bond
for five years the cost of the trees (as determined by an
independent third party). In the event they do not survive
relocation the money shall be available for the Parks Department
to use for replacement vegetation.
11. The street and sidewalk improvements shall comply with the
Pedestrian Walkway and Bikeway Plan. In the event the plan is
not adopted they shall develop the street and sidewalk
improvements as depicted on the approved plans.
12. Prior to the issuance of a building permit the owner shall
record copies of deed restrictions for the 4 accessory dwelling
units subject to review and approval by the Housing Authority.
MEMORANDUM
TO: Mayor and Council
THRU: Bill Efting, Interim City Manager&*---'
FROM: Leslie Lamont and Amy Margerum, Planning
RE: Oblock __Subdivision, Lots D-I and N-S, Block 112
(between- 7,er a Durant on West End Street)
DATE:March 12,
SUMMARY: The applicant proposes to construct 10 free market
units and 4 accessory dwelling units. Subdivision review is
required. An encroachment license is necessary for the
development of the underground parking garage.
The Planning and Zoning Commission reviewed and approved the
conditional use for the accessory dwelling units. The Commission
also recommends to the Council subdivision approval with
conditions. The Planning Director approved the GMQS Exemption
for the replacement of one single family home.
Staff recommends subdivision approval with conditions.
COUNCIL GOALS: The subdivision review process compliments
Council's goal #14.
PREVIOUS COUNCIL ACTION: At Council's January 22 meeting, the
Council concurred with the Attorney's interpretation that the
Lipkin TDR's are exempt from employee housing requirements
(Oblock is using 9 TDR's).
Council also directed staff to prepare a code amendment that
would enable a GMQS Exemption for accessory dwelling units in new
multi -family developments. Staff will include that code
amendment in a full package of code amendments planned for review
in the Spring.
BACKGROUND: The Planning and Zoning Commission reviewed this
proposal at their February 6 meeting. The Commission approved
the conditional use for accessory dwelling units and approved to
recommend to Council subdivision approval.
The Commission approved this project by Resolution. Please see
attached Resolution.
PROBLEM DISCUSSION: The applicants have demolished one single
family home and intend to construct a 10 free market/4 accessory
dwelling unit residential complex. Subdivision and conditional
use review are required.
i 0
The applicant proposes to use 9 Lipkin TDR's for the free market
units and one GMQS Exemption for replacement of the single family
home that had occupied the site. The accessory dwelling units
shall be included within four of the free market units.
An underground parking garage is proposed with one entrance ramp.
The garage will provide 34 parking spaces, or approximately one
space per bedroom. The project incorporates twelve traditional
city lots, six on either side of the alley. To facilitate the
parking garage with only one entrance ramp, the applicants will
need an encroachment license to construct a portion of the garage
underneath the alley. Staff recommends approval of the
encroachment license as an underground parking garage enhances
the site design and one entrance to the garage is preferable.
Please see attached Planning and Zoning memo, January 12, for a
complete subdivision review and conditions of approval.
ADVISORY COMMITTEE VOTE: 6 FOR 0 AGAINST 2 ABSTAINED
KEY ISSUES: Please see attached Commission Resolution.
RECOMMENDATION: The Planning and Zoning Commission recommends
subdivision approval with conditions. Staff continues to
recommend approval with conditions as outlined in the Commission
memo.
ALTERNATIVES: 1. Council may deny the encroachment license thus
requiring the applicants to either provide at grade parking or
construct two separate garages with two separate entrances.
2. Deny the subdivision.
PROPOSED MOTION: I move to approve the subdivision with
conditions as outlined in the Commission Resolution 90-1.
I move to read Ordinance
Ordinance /4 .
CITY MANAGER COMMENTS:
I move to adopt on first reading
ATTACHMENTS:
A. Ordinance
B. Commission Resolution 90-1
C Planning and Zoning Commission memo, January 12, 1990
2
_. 6
VANN ASSOCIATES, INC.
Planning Consultants
uary 25, 199
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Oblock Subdivision/Conditions of Approval
Dear Leslie:
Outlined below are my comments with regard to the your
proposed conditions which are to be incorporated in the P&Z's
recommendation of approval for the Oblock Subdivision. For
simplicity, I have addressed the conditions in the same order
as they appeared in your January 12, 1989 memorandum to the
P&Z.
1. This condition would appear to be no longer relevant.
Since the proposed code amendment may not be completed
prior to Council approval of the Oblock project, a new
condition may be appropriate. This condition would
permit the inclusion of the four (4) accessory dwelling
units subject to the Council's adoption of the code
amendment. In the event the amendment does not occur,
the Applicant could eliminate the units. Obviously, the
code amendment would have to be in effect prior to
issuance of a building permit.
2. The 1nfGrnativii rE�rueSted i5 provided I17 Jiiil Moran' s
letter to Sandy Stuller dated January 4, 1989 regarding
the Lipkin TDR's and is summarized below.
Six (6) TDR's were used at Pitkin Reserve.
Two (2) TDR's are being used in connection with the
Gordon/Callahan subdivision.
Two (2) TDR's are held in inventory by John Elmore.
Nine (9) TDR's are being used in connection with the
Oblock Subdivision.
230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958
Based on the above, I believe this condition could be
eliminated.
3. A title policy will be submitted prior to Council review.
We would like to resolve the issue of easements with
Engineering prior to going to Council.
4. This condition should probably be revised to reflect the
P&Z's recommendation that sidewalks, curbs and gutters
be installed in connection with this project and that
the Applicant be allowed to pave the alley. An explana-
tion of the P&Z's rationale in your memo to Council would
be appreciated.
5. As trash vehicles will not enter the underground garage,
this condition would appear to be unnecessary.
6. Please note that the application specifically requests
that Council approve an encroachment license concurrent
with subdivision approval. The Engineering Department's
review requirements are also addressed in the applica-
tion. As Council will either approve the licence or deny
it, this condition would appear unnecessary. An alterna-
tive condition might be that if Council denies the
encroachment, the Applicant must submit a revised garage
plan for staff review and approval. In any event,
Engineering should provide a specific recommendation as
to whether the applicable review criteria have been met.
7. This condition could probably be consolidated with
conditions number 11 and 15. We will submit a detailed
drainage plan which addresses all of these conditions
for Engineering Department approval prior to issuance of
a building permit. The plan will accompany the actual
final plat.
8. No comment.
9. This condition should require that the requested ease-
ment(s) be depicted on the final plat.
10. No comment.
11. See condition number 7.
12. We are currently talking with the ACSD regarding the
nature and extent of the required improvements. I
believe that this condition should simply require that
the Applicant make such improvements as may be required
by the ASCD as a condition of connecting to the system.
The actual cost can be incorporated in the project's
subdivision improvements agreement and financially
guaranteed along with the project's other improvements.
lJ
•
13. This condition, and condition number 14, could be
combined with condition number 12. I believe you could
simply require that the garage encroachment design be
approved by the ASCD prior recordation of the final plat.
This would ensure that the sewer is not adversely
impacted.
14. See condition number 13.
15. See condition number 7.
16. It is not clear if this is a mandatory requirement. It
is not necessary to serve the project and should be, I
believe, at the option of the Applicant.
17. The last santence in this condition was not supported by
the P&Z and should, I believe, be removed. In its place
would be the Applicant's offer to bond the relocation or
replacement of the trees in question.
18. No comment.
No additional conditions are required, I believe, as a result
of the P&Z's motion. Should you have any questions, or if
I can be of any further assistance, please do not hesitate
to call. If possible, I would appreciate an opportunity to
review the draft resolution prior to its inclusion in the P&Z
packet. Thanks for the chance to offer my comments.
Very truly yours,
VANN ASSOCIATROT—INC.
Sunny VangF /AICP
SV:cwv
•
0
DAVID J. MYLER
SANDRA M.STULLER
ALAN E. SCHWARTZ
MYLER, STULLER & SCHWARTZ
ATTORNEYS AT LAW
MEMORANDUM
TO: Aspen City Council
FROM: Sand
DATE: January 15, 1990
RE: p ication; Lipkin TDR's
106 S. MILL STREET, SUITE 202
ASPEN, COLORADO 81611
(303) 920-1018
FAX 920-4259
The Planning Office, in its review of an application for the
development of part of Block 112, has raised a question, the
answer to which I would like your affirmation of before continued
processing of the application.
O'Block Application
The applicant (a partnership) has submitted an application
for subdivision and conditional use approval, and G14QS exemption,
for the development of 10 tree -market and 4 accessory dwelling
units. The site consists of two parcels (divided by an alley) at
the corner of Cooper and West End; is zoned RMF; and is now
vacant. The applicant proposes, in this application, to exercise
9 Lipkin TDR's. Consequently, as is apparent below, the applica-
tion is exempt from the GMQS process (with respect to the
free-market units). But an issue has arisen with respect to the
applicability of Section 7-1004 C.5. (part of Ordinance 47,
1988), which reads:
5. Affordable Housina. A subdivision which is
comprised of replacement dwelling units shall be
required to provide affordable housing in compliance
with the requirements of Art. 5, Div. 7, Replacement
Housing Program. A subdivision which is comprised of
new dwelling units shall be required to provide afford-
able housing in compliance with the requirements of
Art. 8, Growth Management Quota System. (Emphasis
added . )
Jim Moran, representing the applicants, has submitted to me a
letter dated January 4, 1989 (copy of it, and Alan Richman's
earlier letter, are attached), outlining his view that the
exercise of the Lipkin TDR's are exempt from any affordable
housing requirements. I have reviewed the history of the
creation of these TDR's and discussed it with Paul Taddune and
Bob Hughes (the attorneys involved) and offer the following.
• 9
MYLER, STULLER & SCHWARTZ
Memorandum to Aspen City Council
January 15, 1990
Page Two
History of Smuggler Park Mobile Home Park
Many of you will recall that in 1980 the City became in-
volved in maintaining the Smuggler Trailer Park as local housing
in the face of a then recent purchase and proposed rental rate
increase. Condemnation and purchase by the City were considered.
However, in lieu o-f either, in September of 1980 the City entered
into an agreement with the new owners and the home owners'
association to the effect that:
1. The owners would upgrade the utilities; sell
the lots at a stated price; assist owners with financ-
ing; restrict resale and rental prices; and expand the
park (originally 26; later 17 units).
2. The City would give the owners the right to
develop 19 free-market units, which right was transfer-
able. In addition, the City agreed to "enact such
enabling legislation or amendments to existing legis-
lation, including to its Growth Management Quota System
legislation, as would accommodate and permit the
foregoing development right in exchange for the conver-
sion to employee housing of the Park and the addition
of 26 new employee housing units...."
The City, at the time, had the 70/30 exemption from the GMQS for
the development of new affordable housing; but had no exemption
language for controlling existing housing. Consequently, to
effectuate the agreement, the City adopted Ordinance No. 69
(Series of 1981), which created an exemption from the GMQS for
projects in which at least 850 of the units, previously existing,
but uncontrolled, would be deed restricted. The Ordinance was
repealed a short time later.
Bob Hughes had occasion to generate a chronology of events
as outlined in his letter to Phoebe Ryerson (March 30, 1983) , a
copy of which is attached.
Subsequent Documents
The "nature" of the development rights was not spelled out
well in the September 1980 agreement. However, their attributes
were discussed in the development (PUD/subdivision), agreements
for the Smuggler Mobile Home Park and Pitkin Reserve (original
agreement and two amendments). In these documents, it is clearly
stated that the conversion of the 87 existing sites and develop-
ment of 17 new sites at Smuggler constituted the employee housing
component necessary to support the free-market development of the
0l/S1
MYLER, STULLER & SCHWARTZ
Memorandum to Aspen City Council
January 15, 1990
Page Three
19 TDR's as an exemption from or exception to the GMQS. Iiowever,
these agreements also state that development of the TDR's was
subject to all other land use regulations. For example, in the
"Second Amendment to PUD and Subdivision Agreement for the Pitkin
Reserve" (March 1984), a sentence was added to the section
pertaining to the TDR's as follows:
All of the nineteen (19) otherwise nonexempt free
market housing unit development rights not utilized in
connection with the actual construction of homes at The
Pitkin Reserve shall be retained by Owner and shall be
freely transferable to other properties, and alienable.
For these purposes, however, any development proposal
utilizing all or any portion of the free market housing
unit development rights shall be subject to all the
applicable review processes set forth in The Municipal
Code of the City of Aspen, with the single exception of
review under the Growth Management Quota System, which
shall not be necessary. (Emphasis added.)
The issue raised, then, is whether the affordable housing
requirements of the subdivision regulations (adopted after the
Smuggler Park agreement) are applicable so as to create an
affordable housing requirement for the O'Block development. My
conclusion would be that they do not:
1. From my reading of the record, I believe the
requirement of compliance with all other development
regulations applies to density established by the
underlying zoning and regulations (e.g., conditional
reviews, PUD and subdivision regulations) applicable to
specific site reviews and considerations.
2. The exception to the GMQS granted to the
TDR's was not merely an exception to the competition,
but also from the employee housing requirements deemed
satisfied by reason of the Smuggler development. There
was no place on the Smuggler property to develop these
free-market units; consequently, there was a need to
develop TDR's by contract. And, if these units could
have been developed on site, at that time, without the
need to provide additional affordable housing, it was
the intent of the City that they could be developed
elsewhere, and anytime in the future, without doing so.
Some of you may have participated in these negotiations and have
different recollections of what occurred and why; or may other-
wise disagree with my conclusions. It is the purpose of this
memo to ask for either _your disagreement with or endorsement of
this conclusion before the O'Block application is processed
further.
O1/S1
HOLLAND & HART
ATTORNEYS AT LAW
0
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D.C.
600 EAST MAIN STREET
Sandra M. Stuller, Esq.
Aspen City Attorney
106 South Mill Street, Suite 202
Aspen, Colorado 81611
TELEPHONE (303) 925-3476
TELECOPIER (303) 925-9367
JAMES T. MORAN
Re: Oblock Townhouses Subdivision Application
Affordable Housing Requirements
Dear Sandy:
This letter responds to your request that we furnish
evidence in support of the applicant's position that nine of the
Oblock free market units, by prior agreement with the City, have
been excepted from the requirement "to provide affordable housing
in compLiance with the requirements of Art. 8., Growth Management
Plan." Section 7-1004.C.5., Land Use Regulations of the City of
Aspen.
The Oblock Townhouses Project (the Project) consists of ten
free market units and four accessory units. Nine of the free
market units were previously authorized under the Precise Plan
and Subdivision Agreement for Smuggler Mobile Home Park and the
P.U.D. and Subdivision Agreement for Pitkin Reserve, both dated
February 22, 1982.
The Smuggler Mobile home Park Agreement was recorded on
April 8, 1982 in Book 424 at page 780; the Pitkin Reserve
Agreement on March 11, 1982 in Book 423 at page 417. Copies of
both agreements are enclosed.
The conversion of 87 previously unrestricted Smuggler mobile
home units to controlled employee housing, plus the construction
of 17 new controlled mobile home units, constituted "the employee
housing component necessary to sustain the free market
development at Pitkin Reserve", Smuggler Agreement, 11.A., p.5.
At that time, Pitkin Reserve was projected for 12 free market
units. The employee housing provided at Smuggler actually
generated 19 free market housing units which were excepted "from
compliance with the allotment procedures of the growth management
quota system" Smuggler Agreement, II.C., p. 6; Pitkin Reserve
Agreement, II.C., p. 5.
• HOLLAND & HA
RT
ATTORNEYS AT LAW
Sandra M. Stuller, Esq.
January 4, 1990
Page 2
Prior to the specific Smuggler and Pitkin Reserve
Agreements, the fact that the Smuggler units comprised t-he
employee housing for the 19 free market units was pretty clearly
expressed in a Settlement Agreement, dated September 22, 1980,
between Aspen Mountain Park Partnership (AMP), owner of the
Smuggler rrailer Park, the City of_ Aspen, and the Smuggler
Trailer Park Homeowners Association. A copy of the Settlement
Agreement is enclosed.
The recitals sketch the history of efforts to obtain,
upgrade, expand, and dedicate the Smuggler Trailer Park to
employee housing.
Paragraph 7 of the Agreement authorizes the 19 free market
units "in exchange for the conversion to employee housing of the
Park and the addition of 26 new employee housing units, all as
set forth above." Due to zoning and site conditions, the
proposed 26 new units eventually had to be reduced to 17.
The 19 development rights were transferable and assignable
and were available for use anywhere within the City, subject to
existing zoning. Settlement Agreement, Paragraph 7. Six of the
rights were used at Pitkin Reserve, two at the Gordon -Callahan
subdivision, two are held in inventory by John Elmore and nine
are to be used in the Oblock Project.
All of the conditions precedent to the full vesting of the
19 free market units have been met, performed or satisfied. See
Paragraph 4 of the letter, dated January , 1989, addressed To
Whom It May Concern, signed by the City's Planning Director and
Staff Attorney, a copy of which is enclosed.
We are informed that the Planning Staff has inquired about
the applicability to the Project of Section 7-1004.C.5. of the
Land Use Regulations of the City of Aspen. That section, which
is included in Division 10, Subdivision, provides, in part, as
follows:
"A subdivision which is comprised of new
dwelling units shall be required to provide
affordable housing in compliance with the
requirements of Art. 8., Growth Management
Quota System."
We understand that the Staff's concern arises because:
1. The Smuggler and Pitkin Reserve Agreements
speak in terms of excepting the 19 free
HOLLAND & HART
ATTORNEYS AT LAW
Sandra M. Stull.er, Esq.
January 4, 1990
Page 3
market units "from compliance with the
allotment procedures of the growth management
quota system", while
2. The above quoted housing .requirement appears
in the subdivision regulations rather than in
the growth management quota system.
We think there is no legal basis for the Staff's concern,
although we understand wiry they are currently inclined to
exercise the utmost caution in these matters.
Our position is that the Smuggler dedication, upgrading, and
additional unit construction constituted "the employee housing
component necessary to sustain" the 19 free market units,
including the nine which are to be used in the Oblock Project.
The employee housing associated with, or required for, the free
market units has already been furnished, six or seven years ago
to be precise.
Insofar as Section 7-1004, C.5. requires compliance with the
Growth Management Quota System, that is exactly what the free
market units have been exempted from. I am not alone in so
interpreting the relevant documents. The January, 1989 letter
from the Planning Director and the Staff Attorney concludes that
the free market development rights are exempt from "review under
the GMP and the requirement therein of providing employee
housing." (Emphasis supplied) You will also see that the opinion
letter exempts the Development Rights from the Affordable Housing
Impact Fee, which also was created under the Subdivision
Regulations, rather than under the G.M.P.
I originally intended to continue this letter by commenting
extensively on the legal issues that will be involved should the
City renege. However, those issues are so obvious that I've
decided simply to list some of them.
Estoppel and Vested Rights. Paragraph 10 of the Settlement
Agreement provides an interesting backdrop for the conventional
estoppel and vested rights arguments.
Prohibition against laws impairing the obligation of
contracts. Colo. Const., art.II, §11, See e.g. Aspen City
Charter §14.6, Aspen City Code §1-4.
Prohibition against laws retrospective in operation. Colo.
Const., art.II, §11.
HOLLAND & HART •
ATTORNEYS AT LAW
Sandra M. Stuller, Esq.
January 4, 1990
Page 4
Expressed intention of the parties. The parties
specifically expressed the intention that their agreements were
to be fully effectuated, performed and preserved, and that they
could be altered or amended only by written instruments executed
by all parties. Smuggler Agreement, XI.D and F, pp. 18, 19;
Pitkin Reserve Agreement, XII., D and F, pp. 16, 17. Compare
former City Code 524-11.3(i) where the right to enact subsequent
inconsistent legislation was specifically reserved in certain
circumstances.
I sincerely doubt that we'll have to get into any serious
discussion of the potential legal issues. The enclosed documents
make it very clear that the current applicant's predecessors have
already furnished the employee housing units required to sustain
the nine free market units which will be built on the Oblock
property. If the City Council now attempted to dishonor the
Smuggler/Pitkin Reserve Agreements, its credibility would be
totally destroyed, along with any realistic possibility of
negotiating future agreements for the provision of affordable
housing.
A final word about the formula used in the Smuggler/Pitkin
Reserve Agreements. Bob Hughes, who represented Pitkin Limited
and AMP, tells me that there was an ordinance which provided GMP
exemption for any project which was at least 70% employee
housing. Using the 70/30 formula as a point of beginning, the
final negotiated ratio, based on unit count, came out at 85/15.
I've asked Bob to get his files out of storage and look for any
additional relevant documentation. I'll let you know what lie
finds.
The Project is scheduled for presentation to the P&Z on
January 16. I hope we will have put Staff's concerns to rest by
then. I will be out of town beginning Monday afternoon, the 8th,
for the rest of the week. Sunny Vann can probably help if any
further questions arise, or I can be reached at my brother's home
I Houston (713) 852-1167.
You r-%--vre�y ,
r
J�[Pres T. Moran
J`1'M/ pa 1
Enclosure
cc: Sunny Vann
Robert W. Hughes,
Michael Lipkin
Esq.
•
E
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner j
RE: Oblock _Subdivi�on and Conditional Use
DATE: February 6, 1990
SUMMARY: At the January 16 meeting, the Commission directed
staff to prepare a Resolution reflecting your review of this
proposal. I have attached a draft Resolution for Commission
comments. I have not included the original January 16 memo but
will have it at the meeting for referrals.
COUNCIL COMMENTS: As you remember, staff wanted Council's input
regarding accessory dwelling units and whether the 1980 Lipkin
TDR's are required to provide affordable housing pursuant to
Subdivision.
At their January 22 meeting Council directed staff to prepare a
code amendment that would enable a GMQS Exemption for accessory
dwelling units in new multi -family developments. Council also
agreed with Sandy Stuller's interpretation that the Lipkin TDR's
are exempt from employee housing requirements.
ADDITIONAL REVIEW: In addition to reviewing the staff prepared
Resolution, the Commission requested the applicant to provide
perspectives and works in progress with respect to the design of
the project for review.
I�
L
L�
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner
RE: Oblock Townhouses Subdivision
DATE: D4cember 19, 1989
It was necessary to move the review of Oblock subdivision to the
January 2, 1990 P&Z meeting.
Council recently adopted a policy, at their December 11 meeting,
for scheduling projects. For some time, projects of 100%
affordable housing have been given first priority on the
schedule. The new policy is:
1st priority: 100% Affordable Housing
2nd priority: 100% of Existing Housing (Floor Area and Bedrooms)
Replaced and Deed Restricted
3rd Priority: Affordable Housing Zone District Proposals
As a result of this policy, the Billings proposal, which replaces
100% of existing floor area and bedrooms with deed restricted
housing, has been scheduled for the December 19 P&Z meeting.
For the Oblock project, it is necessary to reschedule the public
hearing for January 2, 1990. The applicant has already noticed
for a public hearing December 19, 1989.
Staff requests the Chairman to open the public hearing for Oblock
and continue the hearing to January 2, 1990.
•
MEMORANDUM
TO: Leslie Lamont
FROM: Yvonne Blocker, Housing
RE: Oblock Townhomes Subdivision, Conditional Use Review,
GMQS
DATE: November 24, 1989
SUMMARY: The Applicant proposes to construct two (2) multi -family
buildings containing ten (10) free market residences and four (4)
accessory dwelling units on the project site. Parcel A will
contain five (5) three bedroom free market units and two (2) studio
accessory units. Parcel B will contain four (4) three bedroom free
market units, one (1) two bedroom free market unit, and two (2)
studio accessory dwelling units. Thirty-four (34) parking spaces,
or approximately one (1) space per bedroom, will be provided in a
sub grade parking garage which is accessed directly from the alley.
APPLICANT: The Oblock Partnership, 400 West Main Street, Aspen,
Colorado, represented by Sunny Vann.
LOCATION: Parcel A consists of Lots D,E,F,G,H,and I, Block 112,
of the original Aspen townsite, Parcel B consists of Lots
N,O,P,Q,R, and S.
ZONING: R/MF, Residential Multi -Family.
APPLICANT'S REQUEST: The Applicant requests subdivision
approval for the development of a fourteen (14) unit, multi -
family residential project on the so-called "Oblock" property.
The Applicant also requests conditional use approval and exemption
from growth management for the project's four (4) accessory
dwelling units. A separate condominiumization application will be
submitted upon substantial completion of the project.
HOUSING COMMENTS: Section of Ordinance #47, Series of 1988,
which added "Accessory Dwelling Units" to the list of conditional
uses in the R/MF zone districts.
Pursuant to Section 7-302 of the Land Use Regulations, all
conditional uses are subject to the review and approval of the
Planning and Zoning Commission. The specific review criteria for
conditional uses, and the proposed accessory dwelling units'
compliance are approved based upon the following conditions:
1
1. The conditional use is consistent with the purposes,
goals, objectives and standards of the Aspen Area Comprehensive
Plan, and with the intent of the Zone District in which it is
proposed to be located.
The Applicant states that the proposed accessory dwelling units
have been designed to comply with the recently adopted provisions
of Section 5-510 of the Regulations.
The standard of Accessory Dwelling Units as per Section 5-510
requires that the unit shall contain not less than 300 square feet
of net livable area need be located within or attached to a
principal's residence.
It shall meet the Housing designee's guidelines for such units,
meet the definition of a Resident Occupied Unit and be rented for
periods of six months or longer.
The Owner of the principal residence shall have the right to, place
a qualified employee or employees of his or her choosing in the
Accessory Dwelling Unit.
The Applicant has stated that each studio unit will contain
approximately four hundred and fifty (450), square .feet of net
livable area. The units are located within the proposed multi-
family structures and will be deed restricted pursuant to the
Housing Authority's "Resident Occupied" guidelines. Although not
specifically required, one (1) parking space will be provided for
each unit in the project's sub grade parking garage.
HOUSING RECOMMENDATIONS: Staff recommends approval of the
conditional use for the construction of two (2) multi family
buildings to contain ten (10) free market residences and four
(4) accessory dwelling units on the project site based on the
following conditions:
1. The Housing Authority be provided with evidence of actual
net livable square footage of four hundred and fifty (450) square
feet for each accessory dwelling unit.
2. An approved and recorded copy of deed restriction be
provided to the Housing Authority prior to issuance of any building
permits.
3. The deed restriction shall meet the definition of
Resident Occupied Unit whic henceforth shall mean by definition,
" a person who lives and or works in Pitkin County for a minimum
of 30 hours per week and nine months per year."
4. The Owner of the principal residence shall have the right
to place a qualified employee or employees of his or her choosing
in the Accessory Dwelling Unit.
0
i
5. Written verification of employment of persons proposed
to reside in the Accessory Dwelling Unit shall be completed and
filed with the Housing Authority prior to occupancy and must be
acceptable to the Housing Authority.
6. The Accessory Dwelling Unit is limited to occupancy by
not more than two adults and related children.
7. Lease agreements executed for occupancy of the Accessory
Dwelling Unit shall provide for a rental term of not less than
six (6) consecutive months.
%_J MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont and Tom Baker
RE: Oblock_, Submdivision and Conditional Use Review
DATE: anuary 12, 1989 JIl r/1 p� c
-----------------
SUMMARY: The -applicant seeks Subdivision and Conditional Use
approval and GMQS Exemption for the development of 10 free market
units and 4 accessory dwelling units.
The Planning staff recommends a preliminary discussion and review
of this proposal. Staff has had some questions regarding the
provision of affordable housing. After a review of the record,
the City Attorney has resolved the question to the satisfaction
of the applicants. The Attorney, however would like to present
the matter to the Council in an advisory capacity at their
January 22 Council meeting.
The applicants request a review of the proposal at this P&Z
meeting to be continued to February 6. At the February 6
meeting, staff can make a recommendation to the P&Z, with
Councils, input regarding the provision of affordable housing.
APPLICANT: Oblock Partnership: Howard Bass, Bass Cahn Properties
as represented by Sunny Vann, Aspen
LOCATION: Lots D-I and N-S, Block 112, Aspen
ZONING: RMF
APPLICANT'S REQUEST: Conditional use and subdivision approval,
and GMQS Exemption for 10 free market units and 4 accessory
dwelling units. The applicant proposes to use 9, free market
development rights, that were created in 1980 due to a settlement
between the Aspen Mountain Park Partnership, the City of Aspen,
and Smuggler Trailer Park Homeowners Association. In total,
nineteen development rights were created and are exempt from
Growth Management Review.
REFERRAL COMMENTS: The following is a summary of referral
comments from other agencies. For more detail, please see
attached comments.
Engineering: The Engineering Department has the following
comments:
1. A title company policy is needed in order to confirm the
presence or lack of easements which may or may not need to be
vacated.
2. Current City policy regarding improvements in the public
right-of-way is unclear and in a developmental stage. At this
time, it appears that paving of alleys and installation of new
curb, gutter and sidewalk is prohibited. New policies may be in
effect by the time that the project goes to construction. The
City accepts the offers of construction of these improvements as
a promise to do so at such time as policy is established. This
should be written into the subdivision agreement together with
the agreement to join any future improvement districts.
3. Ample clearance into the underground garage is necessary for
proper trash collection.
4. Project approval shall be conditioned upon receiving an
encroachment license for the parking garage.
5. A drywell system should be used for snowmelt water.
6. A portion of the existing fencing should be relocated
immediately because it is in the public right-of-way and blocks
public use of the sidewalk area.
7. The applicant must provide easement for transformers and
utility pedestals as needed so none are located in the alley
right-of-way.
8. The City requests that if any boulders larger than 36" are
excavated on the site and are not needed that they be provided to
the City.
Aspen Consolidated Sanitation District: In a November 28 memo,
the ACSD had the following comments:
1. There is sufficient treatment capacity to serve this project.
2. The are significant downstream constraints in the collection
system that have to be upgraded for the project, the cost is
estimated to be $50,000.
3. Encroachment into the public right-of-way ability to maintain
the system may be impaired. Detailed plans and profile drawings
and cut sheets for vehicle access showing the sewer line profile
is necessary for further comment.
4. The service tunnel under the alley will have to be designed
in a manner that would allow for future sewer line grade changes
as needed.
5. All snowmelt facilities, foundation drains or outside floor
drains must be connected to a dry well of the storm sewer, in
accordance with the Clean Water Act.
2
Housing: In a November 24 memo, the Housing Authority recommends
approval of the proposal with the following conditions:
1. The Housing Authority be provided with evidence of actual net
livable square footage of 450 square feet for each accessory
dwelling.
2. An approved and recorded copy of deed restriction be provided
to the Housing Authority prior to issuance of any building
permits.
3. The deed restriction shall meet the definition of Resident
Occupied Unit which henceforth shall mean by definition, "a
person who lives and or works in Pitkin County for a minimum of
30 hours per week and nine months per year."
4. The owner of the principal residence shall have the right to
place a qualified employee or employees of his or her choosing in
the Accessory Dwelling Unit.
5. Written verification of employment of persons proposed to
reside in the Accessory Dwelling Unit shall be completed and
filed with the Housing Authority prior to occupancy and must be
acceptable to the Housing Authority.
6. The Accessory Dwelling Unit is limited to occupancy by not
more than two adults and related children.
7. Lease agreements executed for occupancy of the Accessory
Dwelling Unit shall provide for a rental term of not less than
six consecutive months with two shorter tenancies.
Water Department: The Water Department, in a November 15 memo
recommended that the applicant give serious consideration to
extending the 8" Main to the 6" Main in Durant Street to
increased the fire flows for the neighborhood. There is
sufficient capacity to provide service.
Parks Department: The Parks Department has met with the
applicant to discuss the vegetation located within the public
right -or -way and along the boundaries. The applicant, when a
sidewalk is installed will do so in a manner so as not to remove
the 6 large spruce trees on West End Street. The Parks
Department will approve the removal of some of the small
deciduous trees within the property boundaries requiring tree
removal permits.
Environmental Health: In a November 15 memo the Department
recommends that the applicant comply with all applicable laws and
regulations pertaining to air pollution which are: registration
of all gas and woodburning devices in a building, compliance of
air quality regulations and ambient air quality standards. The
3
0 0
applicant should contact the office for comment should mine
waste, waste rock or mine dumps be encountered during the
excavation phase of the project. Disposal of such materials off -
site is discouraged due to the possibility of excessive heavy
metals being present in the soil.
STAFF COMMENTS:
A. Proiect Descrintion
The project site is located at the corner of Cooper and West End
Street, zoned RMF. The site consists of two parcels divided by
the alley. Each parcel is 18,000 square feet. The parcel is now
vacant. A single family residence was recently demolished
pursuant to a legally obtained demolition permit. The two
parcels are to be developed as one site.
B. Review Process
1. GMQS Exemption for Replacement - The applicant seeks a GMQS
exemption, from the Planning Director for the replacement of the
one single family home.
2. GMQS Exemption Conditional Use Review for Accessory Dwelling
Units - The applicant proposes to develop 4 accessory dwelling
units on site. Pursuant to Section 5-206 accessory dwelling
units are a conditional use review by the Commission subject to a
public hearing.
Pursuant to Section 8-104 B.1.d., accessory dwelling units are
exempt from GMQS by the Commission. However the exemption
applies to the development of no more than one accessory dwelling
unit per each dwelling unit on a parcel containing a detached
residential unit or a duplex. The Land Use Code does not enable
a GMQS Exemption for accessory dwelling units in a multi -family
development. The Code does, however, enable the Council to
exempt deed restricted affordable housing units from GMQS. The
difference being accessory dwelling units are not defined as
affordable housing that is deed restricted to price and income
guidelines.
Thus, the proposed accessory dwelling units do not comply with
the exemption provisions of the Code. If the applicant wishes to
deed restrict the units to low, moderate or middle price
guidelines than the units may be exempted by Council.
3. Subdivision - Subdivision is a two step process first to the
P&Z then to Council with a public hearing at P&Z.
Pursuant to Section 7-1004 C.1., the general requirements for
subdivision are as follows:
4
LJ
1.(a) The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The Land Use Plan identifies this site as "Mixed
Residential" and the underlying zoning is RMF. The proposal is a
multi -family development permitted in this zone district. The
project is consistent with the Land Use Plan as it adheres to the
mixed residential nature of the site.
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: The project is consistent with the character of the
neighborhood. The surrounding land uses are high density multi-
family, duplex and some singly family residential.
(c) The proposed subdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: The proposed multi -family development is compatible
with surrounding development. The neighborhood is tourist
oriented with many short term rental complexes. A high density
development should not impact the neighborhood in a negative
manner. To concentrate higher density in this area is
advantageous within close proximity to transit and
retail/commercial services.
(d) The proposed subdivision shall be in compliance with
all applicable requirements of this chapter.
RESPONSE: Subdivision requires new dwelling units to provide
affordable housing. The applicants maintain that the 9 free
market units are being developed using Lipkin development rights
obtained during a settlement between Aspen Mountain Park
Partnership (AMP), the City of Aspen and the Smuggler Trailer
Park Homeowners Association. The settlement entitled AMP to 19
development rights that were exempt from review under the Growth
Management Quota System. The development rights are, however,
subject to all other applicable review processes set forth in the
Municipal Code of the City of Aspen.
Staff contends that this is a threshold issue. If the applicant
is to provide affordable, deed restricted, housing on -site then
the site plan and the combination of units may change. Staff is
hopeful the issue will be resolved during the City Attorney's
presentation to Council at their January 22 meeting. The
threshold issue should be resolved before the P&Z makes a
recommendation on this proposal.
Staff has, however, reviewed the conditions of subdivision that
are relevant to the proposal as submitted.
9
�J
•
Pursuant to Section 7-1004 C. 2 - 5, the pertinent subdivision
requirements are as follows:
2. (a) Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because
of flooding, drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or
any other natural hazard or other condition that will
be harmful to the health, safety, or welfare of the
residents in the proposed subdivision.
RESPONSE: There are no natural hazards that exist on the site
that would endanger the welfare of future residents.
(b) Spatial Pattern - The proposed subdivision shall not be
designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs.
RESPONSE: There are no unnecessary public costs associated with
this proposal. According to the application all public
improvements to serve the project will be borne by the applicant.
3 & 4. Improvements and Design Standards - following is a review
of the relevant subdivision standards:
(a) WATER- according to the application water service will be
provided via the area's existing mains. The 14 inch main on
Cooper Street will be tapped with an 8 inch line and valve to be
installed in West End Street. A service line will be extended
from the 8 inch main to the units located on Parcel A and a
second service line will extend from the 6 inch main in Durant to
the units located on Parcel B.
Please see Water Department referral comments. The Department
strongly recommends that the 8 inch main be extended to the 6
inch main in Durant Street so as to provide an interconnect to
increase fire flows for the neighborhood.
(b) SEWER- according to the application the proposed development
will be served by the existing 8 inch sanitary sewer located in
the alley. Please see ACSD referral comments. There is
sufficient treatment capacity to service the project however
there are significant downstream constraints in the collection
system requiring an upgrade before the project could connect to
the system. The applicant will commit to the required upgrade as
a condition of subdivision approval.
The ACSD is also concerned that their ability to maintain the
system may be impaired if the project is allowed to encroach into
the public right of way. The service tunnel under the alley must
be designed in a manner to allow for future sewer line grade
9
changes as needed.
Snowmelt can not be accepted directly into the system. All
snowmelt, foundation drains or outside floor drains must be
connected to a dry well of the storm sewer.
(c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV- according to
the application, these services are presently located in the
alley between parcels A and B. They will be extended to service
the development and will be underground.
(d) EASEMENTS- utility easements will be provided and will be
included in the subdivision agreement and depicted on the final
plat.
According to the referral comments from the Engineering
Department, existing easements should be confirmed, and ones to
be vacated should be identified.
(e) SIDEWALK, CURB, AND GUTTER- the applicant has committed to
the installation of sidewalk, curb, and gutters along all street
frontages. However the policy for public improvements in the
right-of-way in unclear. Until such time that the policy is made
clear the applicant's improvement proposal should only exist in
the subdivision agreement together with an agreement to join any
future improvement district.
At such time that the applicant develops the public improvements
the Parks department shall be consulted regarding the trees along
the Durant Avenue and West End Street.
(f) FIRE PROTECTION- according to the application the project is
6 blocks from the fire station. A fire hydrant is located at the
southeast corner of the property and another across the street
from the property at the corner of Cooper Avenue and West End
Street. The alley provides access into the proposed development
in case of an emergency.
(g) DRAINAGE- as previously discussed the snowmelt facility and
outside floor drains must connect to a dry well of the storm
sewer not directly to the sewer. The project will maintain the
historic flow rates for surface water runoff and groundwater
recharge. On -site drywells will be used to accept runoff from
building roofs and impervious areas. A detailed drainage plan
will be submitted at the time of final plat submission.
(h) ROADS- the subgrade parking garage will be entered off of the
alley. It is necessary for the applicant to obtain an
encroachment license to connect the two parcels via an
underground garage. At a March 1989 meeting between the previous
City Engineer and interested individuals, staff indicated that
the staff and council may not be in favor of the encroachment.
7
Approval of the project shall be conditioned upon approval of the
encroachment license.
The Planning staff believes that one exit and entrance to the
garage will have less impact on the surrounding road system. In
addition, the underground garage eliminates the eyesore of
surface parking. The garage also enables the project to provide
almost one parking space per bedroom including parking for the
accessory dwelling units.
No new road improvements are anticipated due to the development
of this project.
5. FINAL PLAT- the Code requires the preparation of a final plat
before City Council reviews the subdivision application. The
applicant intends to delay the preparation of the final plat
until after Council review thus incorporating project revisions
at that time. The submission of a final plat for staff review
shall be a condition of approval.
RECOMMENDATION: Pending the Council's resolution for the
provision of affordable housing, staff recommends approval with
the following conditions:
The accessory dwelling units shall be deed restricted units
to price and income as a GMQS Exemption is unavailable for
accessory dwelling units in a multi -family building.
It is also necessary for the applicant to identify how many
of the 19 development rights have been committed to other
projects. �04
Q,3 A title company policy is needed in order to confirm the
presence or lack of easeme is -hic may or may not need to be
vacated.
The City accepts the offers of construction of right-of-way
improvements as a promise to do so at such time as a City-wide
policy is established. This should be written into the
subdivision agreement together with the agreement to join any
future improvement districts.
Ample clearance into the undergroun garage is necessary for
proper trash collection.
Project approval shall be conditioned upon r ceiving an
croachment license for the parking garage.Cf> -, d_
S
Csi A drywell system hould be used for snowmelt water.
8. A portion of the existing fencing should be relocated
immediately because it is in the public right-of-way and blocks
E:
0
public use of the sidewalk area.
9. The applicant must provide
utility pedestals as needed so
right-of-way.. (-
•
easement for transformers and
none are located in the alley
10. The City requests that if any boulders larger than 36" are
excavated on the site and are not needed that they be provided to
the City.
1. The applicant shall demonstrate that the historic drainage
tern will not be affected.
12. The are significant downstream constraints in the collection
system that have to be Upgraded for the project, ther
co t-is
estimated to be $50, 000. E �� s,bc �� Ze 7n �0", �. �� C
1.3__:�) Encroachment into the public right-of-way ability to
maintain the system may be impaired. Detailed plans and profile
cx ' drawings and cut sheets for vehicle access showing the sewer line
profile is necessary for further comment.
1�1( 14. The service tunnel under the alley will have to be designed
in a manner that would allow for future sewer line grade changes
as needed.
All snowmelt facilities, foundation drains or outside floor
drains must be connected to a dry well of the storm sewer, in
accordance with the Clean Water Act.
The applicant give serious consideration to extending the 8"
Main to the 6" Main in Durant Street to increased the fire flows
for the neighborhood.
17 The applicant, when a sidewalk is installed will do so in a
manner so as not to remove the 6 large spruce trees on West End
Street. Removal of any tree larger than 6" in caliper shall
require a tree removal permit. Every effort should be made to
preserve the clump of large trees at the garage ramp location.
18. The applicant shall comply with all applicable laws and
regulations pertaining to air pollution which are: registration
of all gas and woodburning devices in a building, compliance of
air quality regulations and ambient air quality standards. The
applicant should contact the office for comment should mine
waste, waste rock or mine dumps be encountered during the
excavation phase of the project. Disposal of such materials off -
site is discouraged due to the possibility of excessive heavy
metals being present in the soil.
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January
To Whom It May Concern:
1989
This will confirm as accurate that:
1. By virtue of (i) the Precise Plan and Subdivision
Agreement for Smuggler Mcbile Home Park recorded in Book 424 at
Pages 780, et sea., of t o Pitkin County, Colorado real property
records ("Records"), and the completion of the development
activity contemplated therein, and (ii) the PUD and Subdivision
Agreement for The Pitkin Reserve recorded in Book 423 at Pages
417, et sea., and Amendments thereto recorded respectively in
Book 447 at Pages 59, et sea., and in Book 468 at Page 853, et
sea., of the Records (t-_ of the foregoing described recorded
agreements being herein collectively referred to as "Land Use
Agreements"), Pitkin Limited, a Colorado corporation, acquired
from the City of Aspen, Colorado, and became entitled to nineteen
(19) free market development rights ("Development Rights"), which
represer_t exceptions to anal exemptions from the free mar:% -et
development allotment review processes of the Growth Management
Quota Svstem ("GMP") cor.zained in Article 8, Sections 8-101, et
sea., of Chapter 24 of to Municipal Code of the City of aspen,
Colorado, and from the G:'�'s predecessor designation (Article XI,
Sections 24-11.1, et sec.) of the Aspen Municipal Code.
2. By virtue of the Land Use Agreements, the Develop-
ment Rights are freely transferrable and alienable by Pitkin
Limited or, as the case may be, by any transferee thereof.
3. To date, six of the Development Rights have been
utilized in connection with the subdivision known as The Pitkin
Reserve. One Development Right is being utilized in connection
with the Gordon Subdivision. No other applications for land use
apprcvais or any other development activity of which we are aware
has incorporated or is utilizing any of the Development Rights.
4. We are satisfied that all and any conditions
precedental to the full -.esting of the Development Rights in
Pitkin Limited have been :net, performed or satisfied.
5. The Develcpment Rights are exempt from the Afford-
able Housing Impact Fee c-eated under Section 7-1008 of the Aspen
Municipal Code, effective May 25, 1988.
You should be aware of the fact, however, that pursuant
to the Land Use Agreements, the Development Rights represent
exemptions from or exceptions to the GMP only and any development
proposal utilizing all or any portion of the Development Rights
is and shall be subject to all the applicable review processes
set forth in the Municipal Code of the City of Aspen with the
single exception of review under the GMP and the requirement
therein of providing employee housing.
Sincerely,
ASPEN/PITKIN PLANNING O FICE
BV
Alan Richman, Planning Director
PPROVED AN CONFIRMED:
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ICTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
IFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY
1CTIOI BASED UP'N ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
-HP01i TEN YEARS FROM THE DATE OF THE CERTIFIC"-'ION SHOWN HEREON.
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LEGEND AND NOTES
CALLS IN ( ) RECORD
•
FOUND SURVEY MONUMENT AS DESCRIBED
GAS LINE IN ALLEY AS PER ROCKY MOUNTAIN NATURAL
GAS MAP OF ASPEN DATED 5/20/62
SNOW ON GROUND AT TIME OF SURVEY 3/89
BUILDINGS AND FENCES TO BE DEMOLISHED
FENCES NOT SHOWN
DECIDUOUS TREE RELATIVE SIZE
EVERGREEN TREE RELATIVE SIZE
SPOT ELEVATION BASED ON A T.B.M. OF 7940 AS SHOWN
BASED ON THE 1974 COOPER AERIAL SURVEY OF ASPEN.
CURB FLOW LINE DRAINAGE
SANITARY SEWER LINE LOCATED IN ALLEY AS PER ASPEN
SANITATION MAP DATED: JUNE 1980
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UTILITY POLE
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6' C.I. WATER LINE IN DURANT AVE. AS PER AS?EN
WATER MAP DATED: JAN., 1974.
CERTIFICATION
I, ,'HEREBY CERTIFY THAT THIS PLAT IS
PLOTTED FROM FIELD NOTES OF A SURVEY MADE UNDER MY
SUPERVISION DURING MA)Z---1. Z�_.1989.
SIGNED:
C.A�/io M` C'iR oe P.L.S. 1�129
BUILDING PERMIT SURVEY
OF LOTS D-I AND N-S, BLOCK 112, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY COLORADO, CONTAINING 36,000
SQUARE FEET MORE OR LESS.
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FINAL PLAT OF T H E OWNER'S CERTIFICATE
I "= 20' KNOW ALL MEN BY THESE PRESENTS THAT BASS AND CAHN PROPWrIFS, A
\/ jj���� NEW JERSEY PARTNERSHIP BEING THE RECORD OWNERS AND PITKIN COUNTY
O B L O C K TOWNHOUSES S U B D V S O ICI BANK AND TRUST AS MORTGAGEES OF LOTS D,E,F,G,H,I,N,O,P,Q,R ANDS
0 20 40 BLOCK 112, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF
A 10 UNIT RESIDENTIAL CONDOMINIUM PROJECT COLORADO DOES HEREBY REPLAT SAID REAL PROPERTY INTO THE FINAL
LEGAL DESCRIPTION PLAT OF OBLOCK TOWNHOUSES SUBDIVISION. CITY OF ASPEN, PITKIN
OF LOTS D-I AND N-S, BLOCK 112, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO. COUNTY, COLORADO.
EXECUTED THIS DAY OF ,1990.
CONTAINING 36,000 SQUARE FEET MORE OR LESS
LEGEND AND NOTES
FOUND SURVEY MONUMENT AS DESCRIBED
EASEMENTS OF RECORD CONTAINED ON STEWART TITLE
GUARANTY COMPANY POLICY FOR TITLE INSURANCE NO
15764, DATED DECEMBER 09. 1983 HAVE BEEN SHOWN
ON THIS PLAT.
EASEMENTS FOR TRANSFORMERS AND UTILITY PEDESTALS
SHALL BE GRANTED BY THE OWNER AS MAY RE REQUIRED
BY THE CITY ENGINEER AND SHALL BE DEPICTED ON
THE CONDOMINIUM PLAT TO BE RECORDED
TO 'PHIS FINAI.
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PPROXIMATE LOCATION OF SIJBGRADE VEHICULAR TUNNEL AS DESCRIBED IN
ENCROACHMENT ; 3EEMENT 9,--'-gRDED IN BOOK AT PAGE .OF THE 1 ALL' BLOCK 112
)PITKIN COUNTY �.- ICE OF' T, ) CLERK AND RECORDER.
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TITLE CERTIFICATE
STEWART TITLE OF ASPEN, INC.. A LICENSED TITLE INSURANCE COMPANY
AUTHORIZED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, HEREBY
CERTIFIES THAT THE PERSON LISTED AS THE OWNER ON THIS PLAT DOES
HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE
AND CLEAR OF ALL LIENS AND ENCUMBRANCES. ALTHOUGH WE BELIEVE THE
FACTS STATED HEREIN ARE TRUE, THIS CERTIFICATE IS NOT TO BE
CONSTRUED AS AN ABSTRACT OF TITLE, AND IT IS UNDERSTOOD AND
AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES, NOR WILL
BE CHARGED WITH ANY FINANCIAL LIABILITY WHATSOEVER ON ANY
STATEMENT CONTAINED HEREIN,
TITLE
HOWARD BASS , OWNER
HARRIS A. CAHN, OWNER
STATE OF )
)sa
COUNTY OF )
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 1990 BY HOWARD BASS
AND HARRIS A, CAHN AS OWNERS.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
MORTGAGEES REPRESENTATIVE
STATE OF COLORADO )
)sa
COUNTY OF PITKIN )
THE FOREGOING MORTGAGEES CERTIFICATE WAS ACKNOWLEDGED BEFORE THIS
DAY OF . 1990 BY
AS MORTGAGEES REPRESENTATIVE.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I. JOHN M. HOWORTH. DO HEREBY CERTIFY THAT I AM A REGISTERED LAND
SURVEYOR, LICENSED UNDER THE LAWS OF THE STATE OF COLORADO AND
THAT IN MARCH, 1969 A SURVEY WAS PERFORMED UNDER MY SUPERVISION
AND DIRECTION OF THE HEREIN DESCRIBED REAL PROPERTY IN ACCORDANCE
WITH CRS 1973, TITLE 38, ARTICLE 51, AS AMENDED FROM TIME TO
TIME, AND THAT PLAT ACCURATELY AND SUBSTANTIALLY DEPICTS SAID
SURVEY. ALL EASEMENTS LISTED ON THE TITLE COMMITMENT REFERENCED
ON THIS PLAT ARE SHOWN AND THE PRECISION OF THE CONTROL SURVEY IS
GREATER THAN 1:10,000.
DATE GI )PI190 '1990.
JW M. HOWORTH PLS 25947, ASPEN SURVEf E. GIN* EERS, INC.
�Y COUNCIL APPROVAL
THIS FINAL PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN THIS DAY OF 1990 AS IRDINANCE NUMBER
SIGNED THT DAY OF
1990.
ATTEST
MAYOR: WILLIAM STERLING CITY CLERK
CITY ENGINEER'S APPROVAL
THIS FINAL PLAT WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF
ASPEN THIS DAY OF _ , 1990.
CITY ENGINEER
PLANNING AND ZONING
THIS FINAL PLAT WAS APPROVED BY THE ASPEN PLANNING AND ZONING
COMMISSION THIS DAY OF 1990.
DATED:
CHAIRMAN
CLERK AND RECORDER'S ACCEPTANCE
THIS FINAL PLAT AS ACCEPTED FOR RECORDING IN THE OFFICE OF THE
CLERK AND RECORDER OF PITKIN COUNTY AT O'CLOCK —.M. THIS
DAY OF 1990 IN PLAT BOOK AT PAGE AS
RECEPTION NUMBER
CLERK AND RECORDER
PREPARED BY
ASPEN SURVEY ENGINEER'S INC
/ a d SITE NOTARY PUBLIC 210 S. GALENA ST
P.O. BOX 2506
ASPEN. COLORADO 8 1 6 1 2
>CCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
VITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT. MAY ANY ACTION BASED UPON (303) 925-3816
1NY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. D A T E J 0 B N 0 .
8/ 90 19077
602 E. HYMAN AVE.
ASPEN, CO. 81611
STATE OF COLORADO)
)ss
COUNTY OF PITKIN )
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 1990 BY
OF STEWART TITLE OF ASPEN .
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
PPROXIMATE LOCATION OF SIJBGRADE VEHICULAR TUNNEL AS DESCRIBED IN
ENCROACHMENT ; 3EEMENT 9,--'-gRDED IN BOOK AT PAGE .OF THE 1 ALL' BLOCK 112
)PITKIN COUNTY �.- ICE OF' T, ) CLERK AND RECORDER.
9184
J
a
VICINITY MAP
8�p�1 � �' qh ;► �w
Aspen
�.p. p
c
c
c
c
LL
c
om
liv i i va 1 1 VV 1 tsu. 00 9184,
I I
CURB
EAST DURANT AVENUE
75.00' WIDE
TO
u
n
t
BE
W
W
rz
c w
_o
0 3
W o J
Ln
c~n ~
WI
TITLE CERTIFICATE
STEWART TITLE OF ASPEN, INC.. A LICENSED TITLE INSURANCE COMPANY
AUTHORIZED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, HEREBY
CERTIFIES THAT THE PERSON LISTED AS THE OWNER ON THIS PLAT DOES
HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE
AND CLEAR OF ALL LIENS AND ENCUMBRANCES. ALTHOUGH WE BELIEVE THE
FACTS STATED HEREIN ARE TRUE, THIS CERTIFICATE IS NOT TO BE
CONSTRUED AS AN ABSTRACT OF TITLE, AND IT IS UNDERSTOOD AND
AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES, NOR WILL
BE CHARGED WITH ANY FINANCIAL LIABILITY WHATSOEVER ON ANY
STATEMENT CONTAINED HEREIN,
TITLE
HOWARD BASS , OWNER
HARRIS A. CAHN, OWNER
STATE OF )
)sa
COUNTY OF )
THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 1990 BY HOWARD BASS
AND HARRIS A, CAHN AS OWNERS.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
MORTGAGEES REPRESENTATIVE
STATE OF COLORADO )
)sa
COUNTY OF PITKIN )
THE FOREGOING MORTGAGEES CERTIFICATE WAS ACKNOWLEDGED BEFORE THIS
DAY OF . 1990 BY
AS MORTGAGEES REPRESENTATIVE.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I. JOHN M. HOWORTH. DO HEREBY CERTIFY THAT I AM A REGISTERED LAND
SURVEYOR, LICENSED UNDER THE LAWS OF THE STATE OF COLORADO AND
THAT IN MARCH, 1969 A SURVEY WAS PERFORMED UNDER MY SUPERVISION
AND DIRECTION OF THE HEREIN DESCRIBED REAL PROPERTY IN ACCORDANCE
WITH CRS 1973, TITLE 38, ARTICLE 51, AS AMENDED FROM TIME TO
TIME, AND THAT PLAT ACCURATELY AND SUBSTANTIALLY DEPICTS SAID
SURVEY. ALL EASEMENTS LISTED ON THE TITLE COMMITMENT REFERENCED
ON THIS PLAT ARE SHOWN AND THE PRECISION OF THE CONTROL SURVEY IS
GREATER THAN 1:10,000.
DATE GI )PI190 '1990.
JW M. HOWORTH PLS 25947, ASPEN SURVEf E. GIN* EERS, INC.
�Y COUNCIL APPROVAL
THIS FINAL PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN THIS DAY OF 1990 AS IRDINANCE NUMBER
SIGNED THT DAY OF
1990.
ATTEST
MAYOR: WILLIAM STERLING CITY CLERK
CITY ENGINEER'S APPROVAL
THIS FINAL PLAT WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF
ASPEN THIS DAY OF _ , 1990.
CITY ENGINEER
PLANNING AND ZONING
THIS FINAL PLAT WAS APPROVED BY THE ASPEN PLANNING AND ZONING
COMMISSION THIS DAY OF 1990.
DATED:
CHAIRMAN
CLERK AND RECORDER'S ACCEPTANCE
THIS FINAL PLAT AS ACCEPTED FOR RECORDING IN THE OFFICE OF THE
CLERK AND RECORDER OF PITKIN COUNTY AT O'CLOCK —.M. THIS
DAY OF 1990 IN PLAT BOOK AT PAGE AS
RECEPTION NUMBER
CLERK AND RECORDER
PREPARED BY
ASPEN SURVEY ENGINEER'S INC
/ a d SITE NOTARY PUBLIC 210 S. GALENA ST
P.O. BOX 2506
ASPEN. COLORADO 8 1 6 1 2
>CCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
VITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT. MAY ANY ACTION BASED UPON (303) 925-3816
1NY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. D A T E J 0 B N 0 .
8/ 90 19077
602 E. HYMAN AVE.
ASPEN, CO. 81611
STATE OF COLORADO)
)ss
COUNTY OF PITKIN )
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 1990 BY
OF STEWART TITLE OF ASPEN .
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
0
•
TO: City Attorney
City Engineer
Housing Director
Aspen Water Department
City Electric
Environmental Health
Aspen Consolidated Sanitation District
Parks Department
FROM: Leslie Lamont, Planning Office
RE: Oblock Townhouses Subdivision, Conditional Use, GMQS
Exemption
DATE: Nd- ber 8, 1989
Attached for your review and comments is an application submitted
by Sunny Vann on behalf of his client, The Oblock Partnership,
requesting Subdivision approval as well as approval of
Conditional Use and GMQS Exemption.
Please review this material and return your comments to me no
later than November 20, 1989. Thank you.
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
vember 8, 1989
Sunny Vann
Vann Associates
230 East Hopkins Avenue
Aspen, Colorado 81611
RE: Oblock Townhouses Subdivision, Conditional Use and GMQS
Exemption
Dear Sunny,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the Aspen
Planning and Zoning Commission at a public hearing on Tuesday,
December 5, 1989 at a meeting to begin at 4:30 pm. The Friday
before the meeting date, we will call to inform you that a copy
of the memo pertaining to your application is available at the
Planning Office.
Please be reminded that the applicant is required to post the
property with a sign and mail notices to the adjacent property
owners.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
• 0
ASPEN WATER DEPARTMENT
TO: Leslie Lamont, Planning Office
FROM: Jim Markalunas
SUBJECT: c own Subdivis on
DATE: ' November 15, 1989
We have reviewed the applicant's proposed project and statements
pertaining to water. While we have indicated the connections, as proposed,
would be acceptable it is our recommendation that the applicant give
serious consideration to extending the 8" Main referenced (Water - pg 19)
to the 6" Main in Durant Street so as to provide an interconnect. Such an
interconnect would provide increased fire flows for the neighborhood if
needed.
Should the application be approved the Water Department will provide
service as referenced in this application, there being sufficient capacity to
provide such service.
cc: Sunny Vann
•
•
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, Interim City Engineer CK
Date: November 19, 1989
Re: Oblock Townhouses Subdivision, Conditional Use, GMQS
Exemption
Having reviewed the above referenced application and having made
a site inspection, the Engineering Department has the following
comments:
1. A title company policy is needed in order to confirm the
presence or lack of easements which may or may not need to be
vacated.
2. Current City policy regarding improvements in the public
right-of-way is unclear and in a developmental stage. At this
time, it appears that paving of alleys and installation of new
curb and gutter and new sidewalk is prohibited. New policies may
be in effect by the time that the project goes to construction.
The City accepts the offers of construction of these improvements
as a promise to do so at such time as policy is established.
This should be written into the subdivision agreement together
with the agreement to join any future improvement districts.
In the meantime, the improvements cannot be constructed. The
staff and council should take note that (1) there is currently a
sidewalk in place in front of the property adjacent to the Oblock
parcel on the Cooper Avenue frontage; and (2) there is an unpaved
portion of Cooper Avenue between where the current edge of
pavement is and where the curb and gutter would be. This space
is a road base surface and is used for parallel parking along
Cooper Avenue.
Pending future design considerations, the curb and gutter along
the Highway 82/Cooper Avenue frontage may be installed nearer
than typical to the property line in order to allow some pavement
width for bicycle usage, in conjunction with the widening which
was constructed east of there this summer for bicycles.
Staff and council may also want to consider requiring the
applicant to prune up the trees in the public right-of-way to a
height of seven feet above grade so that people are able to walk
in the sidewalk area.
3. Trash collection - There have been problems with at least one
other project which promised to provide trash collection in an
underground garage. As constructed, the clearance for the entry
to the garage was insufficient for access by trash collection
E
•
vehicles. Therefore care should be taken to provide ample
clearance for such vehicles.
4. Encroaching underground garage - The previous city engineer
met on March 30, 1989, with several individuals concerning the
concept of an encroaching, underground garage. At that time, it
was indicated that the city staff and city council would probably
not approve such an encroachment. However, it was stated that
staff and council might look more favorably upon such an en-
croachment if there were some public benefit such as some extra,
leasable parking spaces. This has not been discussed in the
current application, however the provision of unrequired parking
spaces for the accessory dwelling units may be interpreted as a
public benefit since the need for such parking on the street
would be removed.
The engineering department does not object to proceeding with a
discussion of the encroachment on the basis presented, but
council should be aware that there is an opportunity here to ask
for more consideration in the granting of an encroachment
license. Please note that the applicant has not applied for an
encroachment license for this portion of the project. Any
project approvals should be conditional upon applying for and
receiving an encroachment license for the parking garage. If a
license is considered, it is suggested that the applicant design
the garage such that only minor construction be necessary if the
city were to revoke the license at some time in the future. We
should not be permitting in perpetuity an encroachment which may
not prove to be viable at some time in the future. Specifically,
the applicant may want to consider designing for a second
driveway ramp if needed in the future.
5. Storm runoff - on page 22, the application discusses pumping
snowmelt water into the sanitary sewer. It is this reviewers
understanding that the sanitation district would not permit this.
The applicant may need to consider pumping this water to the
drywell system.
6. The submitted survey does not show the fencing which is
currently in place at the site. There is a portion of the
fencing which should be relocated immediately because it is in
the public right-of-way and blocks public use of the sidewalk
area.
7. The applicant must provide easements for transformers and
utility pedestals as needed so that none of these facilities are
located in the alley right-of-way.
8. The City requests that, in the event of major excavation on
the site, any boulders larger than 36" which are not needed by
the developer be provided to the City at the Marolt Property or
the snow dump for City or other public use.
cc: Bob Gish, Public Works Director
memo_89.111
• ASPEN*PITKIN •
ENVIRONMENTAL HEALTH DEPARTMENT
To: Leslie Lamont
Planning Office
From: Carolyn Hardin, Environmental Health Officer
Environmental Health Department
Date: November 15, 1989
Re: Oblock Townhouses Subdivision, Conditional Use, GMQS
Exemption
The Aspen/Pitkin Environmental Health Department has reviewed the
above -mentioned land use submittal for the following concerns.
The authority for this review is granted to this office by the
Aspen/Pitkin Planning Office as stated in Chapter 24 of the Aspen
Municipal Code.
SEWAGE TREATMENT AND COLLECTION:
The applicant has agreed to serve the project with public sewer
as provided by the Aspen Consolidated Sanitation District This
conforms with Section 1-2.3 of the Pitkin County Regulations On
Individual Sewage Disposal Systems policy to "require the use of
public sewer systems wherever and whenever feasible, and to limit
the installation of individual sewage disposal systems only to
areas that are not feasible for public sewers".
ADEQUATE PROVISIONS FOR WATER NEEDS:
The applicant has agreed to serve the project with water provided
by the Aspen Water Department distribution system. This
conforms with Section 23-55 of the Aspen Municipal Code requiring
such projects "which use water shall be connected to the munici-
pal water utility system".
AIR QUALITY•
In a review of the application, there was no comment concerning
the effect of this proposal on air quality issues. With that
understanding the following is offered.
The applicant shall comply with all applicable laws and
regulations that pertain to air pollution. Currently they are:
Aspen Municipal Code,
Ordinance 88-20 which requires the registration of all
gas and woodburning devices in a building.
130 South Galena Street Aspen, Colorado 81611 303/920-5070
• ASPEN46PITKIN •
ENVIRONMENTAL HEALTH OEPARTMENT
Oblock Townhouses Sub. Cond. Use.
November 15, 1989
Page 2
Ordinance 86-5 which describes types and numbers of
woodburning devices that can be installed.
Regulations 1,3 and 8 of the Colorado Air Quality
Control Regulations and Ambient Air Quality Standards.
These regulations address fugitive dust control plans,
emission control permits, and demolition of buildings
which may contain asbestos containing material.
No long term noise impacts are anticipated on the immediate
neighborhood as the result of this projects approval. However,
it is predicted that short term noise impacts on the neighborhood
will occur during the construction phase of this project. Should
complaints be received by this office, Chapter 16 of the Aspen
Municipal Code, titled Noise Abatement will be the document used
in the investigation.
CONFORMANCE WITH OTHER LAWS:
Not applicable.
CONTAMINATED SOILS:
The applicant is advised to contact this office for comment
should mine waste, waste rock or mine dumps be encountered during
the excavation phase of the project. Disposal of such materials
off -site is discouraged due to the possibility of excessive heavy
metals being present in the soil.
This is not a requirement, but simply a request based on past
experience in dealing with mine waste and possible negative
impacts to humans.
130 South Galena Street Aspen, Colorado E31611 303i 920- 50 0
•
•
MEMORANDUM
TO: Leslie Lamont, Planning Office
FROM: Bill Nes meet
DATE: (November 20, 1989
RE: Otte ' Townhouses S.u6division
I met with Sunny Vann, on October 3, to discuss the vegetation located
within the public right-of-way which abut the property, also, the natural
vegetation within the property boundaries.
Discussed as previously, the applicant will install a sidewalk around the
periphery of the property so not to remove the (6) large spruce trees, West
End St.
The Parks Department will approve removal of some of the small deciduous
trees within the property boundaries.
If you have any questions, give me a call.
•
•
.aspen Consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601
28, 1989
Lamont
ng office
Galena St.
CO 81611
Oblock Townhouses Subdivision
Leslie:
Our initial
from Dean
applicant's
is included
Tele. (303) 925-2537
comments on this project are summarized in a lette
Gordon, the project engineer, to Sunny Vann, th
representative. The letter was sent on 9-18-89, an
in the application as exhibit 1.
We have sufficient treatment capacity to serve this project a
this time. There are however significant downstream constraint
in our collection system that would have to be upgraded in order
for us to allow this project to connect to our system. The cost
of the downstream upgrading is estimated to be approximately
$50,000 and this amount would have to be deposited in escrow with
the District prior to our approval for service. The District does
not share development costs for projects, instead we require that
each development pay for it's impact upon our system.
From reviewing
concerns. If
right of way
We will need
the application we have the following additional
the project is allowed to encroach into the public
our ability to maintain our system may be impaired.
detailed plan and profile drawings and cut sheets
for vehicle access showing the sewer line profile for further
comment. The service tunnel under the alley will have to be
designed in a manner that would allow for future sewer line grade
changes as needed. We
proposed, all snowmelt
floor drains must be
in accordance with the
are not allowed to accept snowmelt as
facilities, foundation drains or outside
connected to a dry well of the storm sewer,
Clean Water Act.
call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
Sunny Vann
Vann and Associates
0
E
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 9/29/89
DATE COMPLETE:
PARCEL ID AND CASE NO.
2737-182-38-001 94A-89
STAFF MEMBER: L(--
PROJECT NAME: Oblock Townhouses Subdivision, Conditional Use,
GMOS Exemption
Project Address:
Legal Address: Lots D-I and N-S, Block 112
APPLICANT: The Oblock Partnership
Applicant Address: 400 West Main Street, Suite 100, Aspen,
REPRESENTATIVE: Sunny Vann, Vann Associates, Inc.
Representative Address/Phone: 230 E. Hopkins Avenue
Aspen, CO 81611 5-6958
-------------------------------------------------------------
-------------------------------------------------------------
PAID: YES NO AMOUNT: $1580.00 NO. OF COPIES RECEIVED: 6
TYPE OF APPLICATION: 1 STEP: 2 STEP:
S J P&Z Meeting Dat s�� PUBLIC HEARING: NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: •,YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REF LS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
N Envir. Hlth.
Aspen Consol.
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
o F p
DATE REFERRED: �� 0 :`�` INITIALS: /j"'"��
----------------------------------------------------------------
---------- ----------------- ----
------------------------------ -
FINAL ROUTING: DATE ROUTED- INITIAL:
Hity Atty City Engineer �ning Env. Health
ousing Other:
FILE STATUS AND LOCATION:' v"
NO V�� PUBLIC NOTICE
C: Oblock subdivision, Conditional Use and Growth
Management Exemption
\ NOTIC- B -that a public hearing will be held on
Tuesday, ecember 19, 1989 �t a meeting to begin at 4:30 pm
--before "this -men dnhiinn�' 'and Zoning Commission, 2nd Floor
4VMeeting Room --11 $1a Souu h Galena Street, Aspen, Colorado to
consider an application submitted by The Oblock Partnership
requesting Subdivision, Conditional Use Review and Growth
anagement i:1'cluptiCi� aL'�iprvv'Gl. The c.Ypli wait i rvNvs e s to
construct two multi -family buildings containing ten free market
and four accessory dwelling units on the property located on Lots
D-I and N-S, Block 112, City and Townsite of Aspen which is on
West End Street between Coope:: and Durant Streets. This is
t _ - 1 a _ 36,000 square feet u it u is zoned RI- 1`l l
For further information, contact the Aspen/Pitkin Planning •
` \O \`\1,c/�,� 130 S. Galena St., Aspen, CO 920-5090.
-Lg 0/C. Welton Anderson, Chairman
Co- # � Planning and Zoning Commission
Published in The Aspen Times on November 30, 1989.
C4+-r CfAsp en Account. l
LAW Orr10ES
OATES,
HUGHES 8C I'LNEZEVIC11
ppOrC»IONAL CORPORATION
SUITE ZOO
600 CAST HorKINS AVENUE
LCONARO M.OATES
ASPEN, COLORADO 91011
ROCCRT W. HUGHES
----- --
j AREA COOC 303
RICHARO A. KNEZEVICH
TCLCPMONE OZO-�700
O CBOAAN OUIHN
'
TCLECO PIER 920-1121
ch 30, 1983
BRAOLEY S. ABRAMSON
/
Mrs. Phoebe Ryerson
0247 Willoughby Way
Pitkin County, Colorado
Re: The Pitkin Reserve
Dear Phoebe:
This is a brief history of the events that led to
the discretionary land use approvals by the City of Aspen
for The Pitkin Reserve. This is long overdue in getting to
you; I apologize. In any event:
In January of 1978, William A. Levin, Alexander E.
Lipkin, and Thomas A. Pollak, doing business as Aspen
Mountain Park ("AMP") acquired title to the Smuggler Trailer
Park from Jesse and Esther Maddalone and Nelson and Shirley
Smith. During the preceding summer and fall, when news of
the pending sale became public, Messrs. Levin, Lipkin and
Pollak met with members of an association of the tenants at
the trailer park who were concerned about rental increases
for their mobile home spaces, which were compelled by the
arrangements of AMP for financing its purchase of the Park.
These meetings culminated in a Memorandum of Understanding
between AMP and the tenants concerning the terms of a reac-
quisition of the park by the tenants from AMP. Because
subdivision activities would be involved, the proposal would
have to be approved by the City. Moreover, the City in its
own right was understandably concerned about rental
increases in the park since it served a significant role in
the City's employee housing stock. The proposal set fortis
in the Memorandum of Understanding was presented in an open
public meeting of both the City Council and the City P & Z,
and while that proposal was not acceptable to the City, the
principals (i.e., AMP and the tenants) were encouraged to
continue their efforts.
Tf.S, HUGHES &- KNF-.Z VIC11, P.0
( 00
Mrs. Phoebe Ryerson
March 30, 1983
Page 2
Thereafter, following a subsequent announcement by
AMP of a rental increase and, in reponse, the institution
and notice by the City of condemnation proceedings against
the park under its housing*andurban renewal authority, the
City, the tenants and AMP arrived at an Agreement in
Principle whereby AMP was to sell the park to the tenants,
the City was to arrange the financing for the sale, NIP was
to develop additional employee housing at the park and was
to receive free market unit development credit under the
City's existing ordinance (i.e., the 70:30 Ordinance)
allowing for exemptions from the development allotment
procedure of its Growth Management Plan in exchange for the
development of new employee housing.
The Agreement in Principle was never implemented
because the City was unable to arrange the financing when
the money market began to escalate and the City was advised
that it could not undertake the financial risk involved in
underwriting the venture. Negotiations nonetheless con-
tinued between the parties and during the summer of 1980
several proposals were discussed in open public work
sessions, with the tenants, AMP, City staff members and the
City Council. The various proposals were also set forth in
the Aspen Times. The end result of these negotiations was
the Settlement Agreement of September 22, 1980, pursuant to
which AMP (i) virtually guaranteed (at its considerable
risk) the financing of the tenants so that they could
acquire the park; (ii) committed approximately 1/4 million
dollars to park improvements (to date in excess of half a
million dollars of improvements have actually been installed
and the work is not yet completed); and (iii) committed to
install more employee housing units at the park. In ex-
change, AMP was to receive free market development credit.
The Settlement Agreement was placed on the September 22,
1980 City Council agenda and was roundly discussed and
debated (and modified somewhat) and finally approved by a
majority vote of the City Council members. The Settlement
Agreement, in fact, provided no more than a conceptual
framwork against which future land use proposals of AMP
might be reviewed. It altered no rights of the City or of
AMP. Consisitent with all its other.duties and obligations,
the City agreed only to employ its best efforts to work to
implement the terms of the Settlement.
7_1
46
,,rrs, HucIiI:S & KNrzzEVICIi, P. G.
Mrs. Phoebe Ryerson
March 30, 1983
Page 3
At the time, however, AMP owned no land on which
it could employ the development rights contemplated by the
Settlement Agreement. Shortly and purely coincidentally
thereafter, the Aspen Institute began to run newspaper ads
in the Aspen Times offering for sale the twenty-six or so
acres that it owned and which is now The Pitkin Reserve.
AMP acquired title to the tract a few months later.
Because the property was in the County and AMP's development
rights were in the City, it was necessary to annex the
property to the City. This was accomplished upon the joint
petition of both AMP and the County - the only owners of
land in the area to be annexed. Additionally, in an open
public meeting of the Commissioners, the County granted to
AMP an exemption of the tract from the County's subdivision
regulations since all development activity would be reviewed
by the City. In connection with this proceeding, the County
was presented with AMP's conceptual scheme (i.e., number and
clustered location of homes) for the development of the
property, including the intention permanently to restrict in
excess of 18 acres to open sapce.
As is permitted by state law, annexation pro-
ceedings then occurred simultaneously with the processing of
the development proposal for the property through the City's
rigorous subdivision regulations. The annexation pro-
ceedings were, of course, publicly noticed and debated at
regularly scheduled City Council meetings. At the same
time, development plans for the renovation and sale of the
Smuggler Trailer Park were being processed through the
City's development review regulations. Also during this
time frame, after several public hearings and following the
recommendations of the housing Task Force Advisory Board in
its various written reports, the City adopted an ordinance
whereby a developer could receive free market development
credit (i.e., exemptions from the Growth Management Plan
allotment procedure) upon the conversion of existing
uncontrolled to deed restricted' employee housing. As a
result of the adoption of this (95:15) Ordinance, together
with the existing 70:30 Ordinance, AMP received 19 free
market development rights in exchange for its conversion
from uncontrolled to deed restricted parcels of the 87
,ES, HUciics & KriEZEVIClt, P.0
Mrs. Phoebe Ryerson
March 30, 1983
Page 4
mobile home spaces at the Smuggler Trailer Park and its
installation of 17 new deed restricted employee housing
mobile home units. At first 12 and now, after further
refinement to the development plan, 9 of these units are to
be installed at The Pitkin Reserve.
As you well know, the process of obtaining the
development approvals for The Pitkin Reserve took in excess
of one year. There were several public meetings during this
time and the development proposal was vigorously debated,
critiqued and improved upon. During the process, the City
and its demanding staff exacted several concessions from
AMP, including commitment to a greater capital outlay for
Smuggler Trailer Park improvements and increased downzoning
for The Pitkin Reserve. At the time, having to make these
concessions was somewhat frustrating because they
represented sizeable retreats-frcm the position that AMP
thought it had secured in the Settlement Agreement. The end
product, however, we all feel somehow justifies the
frustration and economic concessions. Perhaps Bill Dunaway
said it best in a September 24, 1981, editorial:
"Aside from leaving the land (Pitkin
Reserve) vacant, which is an unrealistic
dream for a private tract, it is hard to
conceive of a better development plan for
the twenty-six acres. It leaves twenty-
one acres as open space and provides for
fewer units at less bulk and height than
would be allowed under either City or
County zoning. Alternatives to Pitkin
Reserve would have more negative impacts
on the neighborhood * * * It would be a
good development plan for the site
without the Agreement, but by assuring
preservation of eighty-seven existing
low-cost employee units and allowing the
residents who live there and are of
inestimable value to the community to
purchase their lots, it benefits
everyone."
)nz'ES, IJUGHEs & IC EZEVl '. C.
Mrs. Phoebe Ryers
March 30, 1983
Page 5
I personally find the suggestion sometimes made
that somehow all of this evolved out of a secret, hastily
arrived at private deal to be offensive and startlingly
inaccurate. The review process - the vigorous debate that
attended the matter and the concessions from the developer
therefrom resulting - speaks ably and well for itself_ So,
too, in my opinion does the nearly three and one-half years
expended by Messrs. Levin, Lipkin and Pollak in their
commitment to the process as a means of solving the dual
problems of employee housing and quality development. The
land use review processes were meticulously followed
throughout in this case, and I firmly believe that the
experience of The Pitkin Reserve and of the Smuggler Trailer
Park demonstrates that the process works.
I hope this answers your questions and concerns.
If you require anything further, please do not at all
hesitate to ask.
I /
Sincerely, J
OATES, HUGHES & KNEZEVICI
By 1. �•, . ` J 1-4
Rgbert W. Hughes'
RWH/caa
cc: Alexander E. Lipkin
P.C.
ENCROACHMENT AGREEMENT
THIS AGREEMENT made and entered into this day if ,
1990, by and between the CITY OF ASPEN, Pitkin County, Colorado (hereinafter referred to
as "Aspen") and HOWARD BASS and HARRIS A. CAHN, sometimes known as Bass -Cahn
Properties, and hereinafter collectively referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described property located
in the City of Aspen, Pitkin County, Colorado:
Lots D, E, F, G, H, I, N, O, P, Q, R and S,
Block 112
City of Aspen, Pitkin County, Colorado
(hereinafter the "Project Site").
WHEREAS, said property abuts the public alley running generally east -west that
bisects Block 112, City of Aspen, Pitkin County, Colorado, and connects West End and Original
Streets.
WHEREAS, Licensee desires to encroach upon and below said right-of-way in
order to construct (including excavation), maintain and thereafter utilize for its intended purpose
a below -grade vehicular and pedestrian tunnel, which is to connect two below -grade parking
facilities to be constructed on the Project Site on either side of the alley.
WHEREAS, Aspen agrees to the grant of a private license of and for an
encroachment to be built subject to certain conditions.
THEREFORE, in consideration of the mutual agreement hereinafter contained,
Aspen and Licensee covenant and agree as follows:
1. A perpetual private license is hereby granted to Licensee to occupy,
maintain and utilize the above -described portion of the public right-of-way and beneath it for the
sole purpose described.
2. This license shall be subordinate to the right of Aspen to use said area for
any public purposes.
3. Licensee is responsible for the maintenance and repair of the public right-
of-way, together with improvements constructed therein, which Aspen, in the exercise of its
discretion, shall determine to be necessary to keep the same in a safe and clean condition.
4. Licensee shall at all times during the term hereof, carry public liability
insurance for the benefit of the City with limits of not less than those specified by Section 24-10-
114, C.R.S., as may be amended from time to time, naming the City as co-insured. Licensee
shall maintain said coverage in full force and effect during the term of this License and shall
furnish the City with a copy of such coverage or a certificate evidencing such coverage. All
insurance policies maintained pursuant to this Agreement shall contain the following
endorsement:
It is hereby understood and agreed that this insurance policy may
not be canceled by the surety until thirty (30) days after receipt by
the City, by registered mail, of a written notice of such intention
to cancel or not to renew.
5. Licensee shall save, defend and hold harmless against any and all claims
for damages, costs and expenses, to persons or property that may arise out of, or be occasioned
by, the use, occupancy and maintenance of said property by Licensee, or from any act or
omission of any representative, agent, customer and/or employee of Licensee.
6. This License may be terminated by Licensee at any time and for any
reason on thirty (30) days' written notice of Licensee's intent to cancel. This License may be
terminated by Aspen at any time and for any reason by resolution duly passed by the City
Council of the City of Aspen. Upon termination, Licensee shall, at Licensee's expense, remove
any improvements or encroachments from said property. The property shall be restored to a
condition satisfactory to Aspen.
7. This License is subject to all state laws, the provisions of the Charter of
the City of Aspen as it now exists or may hereafter be amended, and the ordinance of the City
of Aspen now in effect or those which may hereafter be adopted.
8. Nothing herein shall be construed so as to prevent Aspen from granting
such additional licenses or property interests in or affecting said property as it deems necessary.
9 . The conditions hereof imposed on the granted license of encroachment
shall constitute covenants running with the land, and binding upon Licensee, their heirs,
successors and assigns.
10 In any legal action to enforce the provisions of this Agreement, the
prevailing party shall be entitled to its reasonable attorneys' fees.
11. If the structure for which this License was issued is removed for any
reason, Licensee may not rebuild in the same location without obtaining another encroachment
license.
12. As soon following the construction of the tunnel as is practical, Licensee
shall furnish Aspen with a complete set of "as built" plans and specifications for the tunnel and
a centerline description of the area of the alley below which the tunnel is constructed, which
K
centerline description shall, as well, be incorporated into an Addendum to this Encroachment
Agreement making specific reference hereto. Such Addendum shall be executed by the parties
hereto and shall be placed of record in the Pitkin County, Colorado real property records.
IN WITNESS WHEREOF, the parties executed this Agreement at Aspen the day
and year first written.
ATTEST:
Kathryn S. Koch, City Clerk
STATE OF COLORADO )
s.
COUNTY OF PITKIN )
(SEAL.
CITY OF ASPEN, COLORADO
William Stirling, Mayor
LICENSEE:
Howard Bass
Harris S. Cahn
The foregoing instrument was acknowledged before me this day of
1990, by Howard Bass..
WITNESS my hand and official seal.
My commission expires:
Notary Public.
(Notarial Clauses continued on Page 4, following)
3
Cft
SUBDIVISION AGREEMENT
FOR
OBLOCK TOWNHOUSES
THIS AGREEMENT is made and entered into as of the day of ,
1990, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation and
home rule city (hereinafter referred to as "City"), and HOWARD BASS and HARRIS A.
CAHN (collectively sometimes referred to as "Bass -Cahn Properties" and hereinafter referred
to as "Owner"), with reference to the following:
RECITALS
WHEREAS, Owner has submitted to the City for approval, execution and
recordation a Final Subdivision Plat (hereinafter referred to as the "Plat") concerning the
construction of fourteen (14) fully self-contained dwelling units (comprising nine 3-bedroom and
one 2-bedroom free market units and four studio accessory dwelling units) on real property
owned by Owner more fully described as being (hereinafter referred to as the "Property"):
Lots D, E, F, G, H, I, and N, O, P, Q, R and S,
Block 112
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY, COLORADO
The foregoing described project is to be known as the Oblock Townhouses and will be
hereinafter referred to as the "Project";
WHEREAS, on February 6, 1990, the Planning and Zoning Commission of the
City of Aspen granted the conditional use application for four (4) accessory dwelling units for
the Project and recommended that the Aspen City Council grant subdivision approval for the
Project, and on April 9, 1990, the Aspen City Council adopted its Ordinance No. 14 (Series of
1990), a copy of which is hereto annexed as Exhibit "A" ("Ordinance 14"), by which it granted
subdivision approval for the Project and conferred upon the Project a vested right for the 3-year
period next succeeding the effective date of the ordinance in accordance with and pursuant to
the terms of Section 6-207 of the Land Use Regulations of the City of Aspen;
WHEREAS, the Aspen City Council is willing to approve, execute and accept
the Plat for recordation on the condition that Owner agrees to all matters contained in this
Agreement;
WHEREAS, the City desires to impose certain conditions and requirements in
connection with its approval, execution and recordation of the Plat as are necessary to protect,
promote and enhance the public welfare;
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully
perform all of the conditions and requirements imposed by the City;
WHEREAS, pursuant to Section 7-1005 of the Land Use Regulations of the City
of Aspen, the City is entitled to assurances that the matters hereinafter agreed to will be
faithfully performed by Owner and his successor and assigns; and
WHEREAS, Owner is willing to provide such assurances to the City.
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Durant Avenue, Cooper Avenue and West End Street frontages of the Project. The sidewalks
shall conform to the guidelines set forth in any Pedestrian Walkway And Bikeway Plan currently
in the process of being adopted, unless no such plan has been adopted by the time Owner
undertakes to install the sidewalks, in which event the sidewalks shall be installed in accordance
with the landscape plan, a copy of which is hereto annexed as Exhibit "B" (the "Landscape
Plan").
2. Curb and Gutter. Owner shall install, to then applicable City
specifications, approximately 650 linear feet of curb and gutter along Durant Avenue, Cooper
Avenue and West End Street in the proximity of the Project.
3. Additional Improvements. Owner shall implement, to the reasonable
satisfaction of the City Engineer, the remaining improvements to be incorporated in and about
the Project listed as items 3-11, inclusive, in the letter dated August 6, 1990, from Schmueser
Gordon Meyer, Inc. ("SGM Letter"), a copy of which is hereto annexed as Exhibit "C".
4. Financial Assurances. Owner agrees to secure the performance of the
construction and installation of the foregoing described public improvements and to guaranty one
hundred percent (100%) of the estimated cost of such improvements, which estimated cost, as
approved by the City Engineer, is agreed to be $107,871.00, as more particularly set forth in
the SGM Letter. Owner shall guaranty such cost in the form of a cash escrow with the City,
or a bank or savings and loan association, or by an irrevocable sight draft or letter of
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( • •
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual
covenants herein contained, and the approval, execution and acceptance of the Plat for
recordation by the City, it is mutually agreed as follows:
A. Construction Schedules
The City and Owner acknowledge that exact construction schedules cannot be
determined or agreed to at this time. It is, however, anticipated the construction of the Project
will begin no later than three (3) years from the vesting of the Owner's property rights in the
Project or by April 9, 1993. Thereafter, construction shall proceed apace in accordance with
the provisions of the Uniform Building Code, 1979 edition, as adopted and amended by the City
and codified in Article V, Section 7.140, et seq., of the Municipal Code of the City of Aspen,
Colorado. At the time of application for a building permit for any portion of the Project,
including the installation of Public Improvements, Owner shall provide the City Engineering
Department with a precise construction schedule for that particular phase of construction, to the
reasonable satisfaction of the Engineering Department and Chief Building Official.
B. Construction of Public Improvements
Prior to and as a condition to the issuance of a Certificate of Occupancy for any
of the dwelling units comprising the Project:
1. Sidewalks. Owner shall install, to then applicable City specifications,
approximately 650 linear feet of concrete sidewalks in the public rights -of -way adjacent to the
-3-
(00
assessment or tax accomplishes an equitable allocation of expenditures among the properties to
be served by the installation of such improvement(s). Furthermore, Owner agrees to join, upon
demand by the City, any improvement district formed for construction of such improvement(s)
including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks,
street lights, etc., in the area of the Project or to reimburse the City of Aspen directly, upon
demand therefor, if the City should choose to construct these improvements without the
formation of such a district; provided that any such reimbursement by Owner to City
accomplishes an equitable allocation of the costs of such improvement(s) among the properties
benefitted thereby.
D. Storm Water Drainage Plan
Prior to issuance of a building permit for any portion of the Project, Owner shall
prepare and submit, for the review and reasonable approval of the City Engineering Department,
a storm water drainage plan complying with the guidelines set forth in Section 7-1004C.4.f of
the Land Use Regulations of the City of Aspen, which plan shall include a demonstration that
the historic drainage pattern in the vicinity of the Project will not be adversely affected thereby
and that, in accordance with the Clean Water Act, all and any snow melt facilities, foundation
drains or outside floor drains incorporated into the Project are to be connected to a drywell or
the storm sewer. Evidence of the acceptance of such plan by the Engineering Department shall
be presented to the authority issuing the building permit.
E. Downstream Collection -
The Aspen Consolidated Sanitation District (the "District") has, in response to the
approvals given by the City for the Project, conceived and implemented, at a cost of $67,500.95,
M
commitment from a financially responsible lender that funds in the amount of such estimated cost
are held by it for the account of Owner for the construction and installation of the foregoing
described public improvements. This guaranty shall be delivered to the City prior to the
issuance to Owner of a building permit for any part of the Project, shall be in a form acceptable
to the City Attorney, and shall give the City the right, upon clear and unequivocal default by
Owner, to withdraw funds as necessary and upon demand, partially or fully to complete or pay
for any of the foregoing described public improvements or pay any undisputed outstanding bills
for work done thereon by any party, with any excess guaranty amount to be applied first to
additional administrative or legal costs associated with any such default before the unused
remainder (if any) of such guaranty is released to Owner. As portions of the required
improvements are completed, the City Engineer shall inspect them, and upon approval and
written acceptance, he shall authorize the release from the guaranty delivered by Owner of the
agreed estimated cost for that portion of the improvements, as set forth in the SGM Letter,
except that ten percent (10%) of the estimated cost shall be withheld until all proposed
improvements are completed and approved by the City Engineer.
C. Improvement Districts
In the event that any municipal improvement(s) of the kind contemplated in
Section 7-1004C.3. of the Land Use Regulations of the City of Aspen becomes in the sole
judgment or discretion of the City necessary or desirable to the area of the Project, Owner will
make no objection to any special assessment or special tax orproceeding therefor on the basis
that the Property is adequately served by existing improvements or on the basis that the Property
will not be served or benefitted by the improvement(s) proposed; provided that any such
Sim
(09
thereof, which estimated cost, as approved by the City Engineer, is agreed to be $49,195.00,
as is more particularly set forth in the detail of landscaping costs hereto annexed as Exhibit "D".
Owner shall guaranty such cost in the form of a cash escrow with the City, or a bank or a
savings and loan association, or by an irrevocable sight draft or letter of commitment from a
financially responsible lender. This guaranty shall be delivered to the City prior to the issuance
to Owner of a building permit for any part of the Project, shall be in a form acceptable to the
City Attorney and shall give the City the right, upon clear and unequivocal default by Owner,
to withdraw funds as necessary partially or fully to complete or pay for any landscaping
improvements or for the maintenance thereof or pay any undisputed outstanding bills, with any
excess guaranty amount to be applied first to additional administrative or legal costs associated
with any such default before the unused remainder (if any) of such guaranty is released to
Owner. As portions of the landscaping improvements are completed, the City Engineer shall
inspect them, and upon approval and acceptance, shall authorize the release of the agreed
estimated costs for that portion of the improvements, except that ten percent (10%) shall be
withheld until all proposed landscaping improvements are completed and approved, and an
additional twenty-five percent (25 %) shall be withheld, which shall be retained until the
improvements have been maintained in satisfactory condition for two years.
H. Removal and Relocation of Trees
Construction of the Project shall not impair, adversely affect or result in the loss
or removal of the six (6) large spruce trees on West End Street and those along Durant Street,
which trees are to remain where currently sited and survive construction activities associated
with the Project. No trees within the Project site with a caliper larger than 6" shall be removed
a plan for the satisfactory mitigation of the anticipated impacts of the Project upon downstream
sewage collection facilities. Prior to the issuance of a building permit for any portion of the
Project, Owner shall reimburse the District for the costs of conceiving and implementing such
plan or shall make suitably secure arrangements, satisfactory to the District in its reasonable
discretion, for the reimbursement to it on a deferred basis of such costs. Evidence of such
reimbursement or arrangement therefor shall be presented to the authority issuing the building
permit.
F. Regarding Existing Sewer Facilities in Alley.
Prior to the issuance of an excavation permit for anticipated excavation beneath
existing sewer facilities in conjunction with the tunnel to be installed to link the subgrade parking
facilities to be constructed on either side of the alley that bisects the Project site, Owner shall
demonstrate to the reasonable satisfaction of the authority issuing such excavation permit that
the plans for the tunnel and parking facilities have been reviewed and approved by the District
to its reasonable satisfaction and that any conditions made by the District to such approval have
been effectively incorporated into the plans.
G. Landscaping Improvements
Owner shall install landscaping within the Project consistent with the Landscape
Plan. The Landscape Plan depicts, inter alia, plant material, proposed treatment of ground
surfaces and other landscape features. Landscaping shall be completed in an orderly, logical
sequence consistent with planting seasons, climatological conditions and construction scheduling.
Owner agrees to ensure implementation of the Landscape Plan and its maintenance for the 2-year
period next succeeding its installation and to guaranty 125% of the current estimated cost
-7-
(0 *
unit(s) to which such Accessory Dwelling Unit is appurtenant so choose. None of such
Accessory Dwelling Units may be partitioned (through condominiumization or otherwise) from
the principal residential dwelling units to or within which such Accessory Dwelling Units are
attached or constructed. Prior to the issuance of a building permit for any portion of the
Project, Owner shall record in the Pitkin County, Colorado real property records a deed
restriction, in the form hereto annexed as Exhibit "E", confirming the controlled housing nature
l
of the four Accessory Dwelling Units to be incorporated into the Project.
J. Non -Compliance and Request for Amendments
or Extensions by Owners d
C,
In the event the City Council determines that Owner is not acting in substantial
compliance with the terms of this Agreement, the City Council may issue and serve upon Owner
a written order specifying the alleged non-compliance and requiring Owner to remedy the same
within such reasonable time as the City Council may determine. Within twenty (20) days of the
receipt of such order, Owner may file with the City Council either a notice advising the City
Council that it is in compliance, or a written petition requesting a hearing to determine any one
or both of the following matters:
(i) whether the alleged non-compliance exists or did exist, or
(ii) whether a variance, extension of time, or amendment to this Agreement
should be granted with respect to any such non-compliance which is
determined to exist.
-10-
without a valid tree removal permit having first been obtained from the City. In conjunction
with the construction of the garage ramp for the Project, Owner shall seek the advice of and
shall confer with the City Parks Department concerning the relocation of the clump of large
evergreen trees that are to be removed and relocated off the Property to a site to be determined
by the City Parks Department. Owner shall arrange, through a qualified independent third party
acceptable to the City in its reasonable determination, for a cost valuation of the trees, and each
of them, to be relocated and, as a condition to obtaining a permit for the removal of the trees,
shall obtain and furnish a bond or other assurance or security device, the condition of which
shall be that if, within the 5-year period next succeeding the relocation of the trees, any tree
does not survive such relocation, the value of each such tree, determined as above -provided,
shall be paid to the City's Park Department for replacement vegetation.
I. Accessory Dwelling Units
Owner shall construct four (4) Accessory Dwelling Units within the Project each
consisting of not less than 300 nor more than 850 square feet of net livable area (as defined in
the Land Use Regulations of the City of Aspen) and located within or attached to any four of
the principal residential dwelling units to be constructed within the Project, each of which
Accessory Dwelling Units shall meet the City's definition of a Resident Occupied Unit and be
rented for periods of six (6) months or longer. The owner(s) of any principal residential
dwelling unit to or in which any such Accessory Dwelling Unit is attached or located shall have
the right to place a qualified employee(s) of such owner's choosing in the appurtenant Accessory
Dwelling Unit; provided, however, that any or all of such Accessory Dwelling Units shall be
entitled to remain vacant and unoccupied should the owner(s) of the principal residential dwelling
0
ce 0
COO
registered or certified mail at the addresses indicated below, or at such other addresses as may
be substituted upon written notice by the parties or their successors or assigns:
If to City of Aspen:
If to Owner:
City Manager
130 S. Galena Street
Aspen, CO 81611
Bass -Cahn Properties
P.O. Box 5078
Aspen, CO 81612
With a Copy to: Robert W. Hughes, Esq.
Oates, Hughes & Knezevich, P.C.
533 E. Hopkins, Third Floor
Aspen, CO 81611
2. Ordinance 14 to Survive. Any of the terms and conditions to the
approval of the Project or obligations on the Owner's part to be performed as set forth in
Ordinance 14 not specifically addressed in this Subdivision Agreement shall nonetheless survive
the execution, delivery and recordation of this Subdivision Agreement and the performance of
Owner's obligations hereunder, shall burden the Project, shall run with the title to the Property
and shall be binding upon Owner, Owner's successors, grantees and assigns as fully, for all
intents and purposes, as though such terms, conditions or obligations were set forth in full
herein.
3. Binding Clause. The provisions hereof shall run with and constitute a
burden upon the title to the Property and shall be binding upon and shall inure to the benefit of
Owner and the City, together with their respective heirs, personal representatives, successors,
grantees and assigns.
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Upon the receipt of such petition, City Council shall promptly schedule a hearing to consider
the matters set forth in the notice and in the petition. The hearing shall be convened and
conducted pursuant to the procedures normally established by the City Council for other
hearings. If the City Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval granted herein shall be issued without a
finding by the City that substantial evidence warrants such action and affording Owner a
reasonable time to remedy such non-compliance. A final determination of non-compliance,
which has not been remedied or for which no variance has been granted may, at the option of
the City Council, and upon written notice to Owner, terminate any of the approvals contained
herein which are reasonably related to the requirement(s) with respect to which Owner has failed
to comply. Alternatively, the City Council may grant such variances, extensions of time or
amendments to this Agreement as it may deem appropriate under the circumstances. In addition
to the foregoing, Owner or its successors or assigns, may on his or their own initiative petition
the City Council for a variance, an amendment to this Agreement or an extension of one or more
of the time periods required for performance under construction schedules or otherwise. The
City Council may grant such variances or amendments to this Agreement or extensions of time
as it may deem appropriate under the circumstances.
K. Miscellaneous Provisions
1. Notices. Notices to be given to the parties to this Agreement shall be
deemed given if personally delivered or if deposited in the United States Mail to the parties by
-11-
4. Applicable Law. This Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen.
5. Severability. If any of the provisions of this Agreement or any paragraph,
sentence, clause, phrase, word or section of the application thereof in any circumstance is
invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and
the validity of any such provision, paragraph, sentence, clause, phrase, word or section under
any other circumstances shall not be affected thereby.
6. Entire Agreement - Amendment. This Agreement contains the entire
understanding and agreement between the parties hereto with respect to the transactions
contemplated hereby and may be altered or amended from time to time only by written
instrument executed by each of the parties hereto.
7. Acceptance of Plat - Ratification by Owner. Upon execution of this
Agreement by all parties hereto, the City agrees to approve and execute the final subdivision
exception plat for the project and to accept the same for recordation in the recording office of
Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner.
For his part, Owner hereby ratifies and confirms each and every representation and public
dedication made and set forth by Owner on said plat.
-13-
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above written.
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
Edward M. Caswall,
City Attorney
STATE OF COLORADO
THE CITY OF ASPEN, COLORADO, a
municipal corporation
By
William L. Stirling, Mayor
OWNER:
Howard Bass
Harris A. Cahn
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
, 1990, by THE CITY OF ASPEN, COLORADO, a municipal corporation, by
WILLIAM L. STIRLING, Mayor, and by KATHRYN S. KOCH, City Clerk.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
STATE OF COLORADO
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
1990, by Howard Bass.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
-14-
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w� • ��D�� � F��_R53
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LU U lQ
SECOND AMENDMENT TO PUD AND SUBDIVISION AGREEMENT
Q� co
FOR THE PITKIN RESERVE
O
�Bj WFLB�H THE AMENDMENT
PITKIN RESERVE RECORDED
COUNTY, COLORADO RECORDS
TO PUD AND SUBDIVISION AGREEMENT FOR THE
IN BOOK 447 AT PAGES 59-87 OF THE PITKIN
IS TO BE SUPERCEDED IN ITS ENTIRETY)
THIS AMENDMENT is made and entered into as of the 19th
day of March, 1984, by and between THE CITY OF ASPEN, COLORADO,
a municipal corporation (hereinafter referred to as "City"),
PITKIN LIMITED, a Colorado corporation (hereinafter referred to
as "the Owner"), and ASPEN MOUNTAIN PARK, a Colorado general
partnership (hereinafter referred to as "AMP")
RECITALS
1. The City, Owner and AMP are parties.to that
certain PUD and Subdivision Agreement for Pitkin Reserve re-
corded in Book 423 at Pages 417-446 of the Pitkin County,
Colorado real property records (the PUD and Subdivision Agree-
ment), and the Amendment thereto dated as of the loth day of
January, 1983, and recorded in Book 447 at Pages 59-87 of those
records.
2. Pursuant to Section V of the PUD and Subdivision
Agreement and to Section 24-8.26 of the Municipal Code of The
City of Aspen, Colorado, the Owner did by letter application
dated December 21, 1983, petition the City for a second amend-
ment to the PUD and Subdivision Agreement.
3. Following the recommendation of approval therefor
of its Planning and Zoning Commission, the City, acting through
its City Council at the duly constituted meeting thereof held'
March 19, 1984, approved the petition of the Owner for a second
amendment to the PUD and Subdivision Agreement and the parties
are desirous of confirming herein such approval and setting
forth such amendments. NOW, THEREFORE,
AMENDMENTS
IN CONSIDERATION of the premises, the mutual covenants
contained herein and in the PUD and Subdivision Agreement, the
parties hereby agree to and do amend the PUD and Subdivision
Agreement for Pitkin Reserve as follows, and by these presents
do hereby supercede for all purposes the Amendment to PUD and
Subdivision Agreement for The Pitkin Reserve recorded in Book
447 at Pages 59-87 of the Pitkin County, Colorado real property
records, and notwithstanding anything in either the Agreement or
the Amendment to the contrary contained it is agreed that:
V
SECTION OA.5.5 468 r:,7,-854
I. Second Amended Final Plat. The parties have
executed and caused to be recorded simultaneously herewith in
Plat Book J(o at PagejS-11 of the Pitkin County, Colorado real
property records the Second Amended Plat of The Pitkin Reserve
(hereinafter "Amended Plat"), which the Owner has submitted and
the City has accepted as being (a) superseding of the Amended
Plat for The Pitkin Reserve recorded in Plat Book 14 at Page 92,
et seq., of the Pitkin County, Colorado real property records;
and (b) in conformance with the proposed development for The
Pitkin Reserve and the PUD approvals first given and, as above
recited, as amended.
SECTION TWO.
All reference hereinafter is to the PUD and Subdivi-
sion Agreement for The Pitkin Reserve recorded in Book 423 at
Pages 417-466 of the Pitkin County, Colorado real property
records, to wit:
I. Amendments to Section I - General Development
Plan.
A. The third sentence of subsection A - Devel-
opment Parcel, is amended to read as follows:
"Approximately 79% of the Development Parcel
has been subdivided into 6 fee simple lots with
construction limited to approximately 500 of
that area by established building envelopes."
B. Subparagraph 1 - Free Market Development -
Lots 1-12, is amended to read as follows:
"(1) Free Market Development - Lots 1 through
6.
The Development Parcel shall contain not more
than six separately designated fee simple lots,
each as shown and noted on the Second Amended
Plat. Each such fee simple lot shall be deemed
augmented in size by an undivided one -sixth
(1-6th) interest in Lot 7 -- the Common Area
component of the Development Parcel described
below. Prior to its conveyance by the Owner to
any third party, each fee simple lot shall be
deed or covenant restricted upon such terms as
shall provide that in the event an owner of
such fee simple lot shall wish to lease the
home constructed or to be constructed thereon
any such lease terms shall, at a minimum, be of
-2-
00 OW
90OX 468 ms 855
six (6) month duration with no more than two
(2) shorter tenancies per year, and the docu-
ments of conveyance to any such fee simple lot
shall, as well, expressly recite that the
property is so restricted."
C. Subparagraph 3 - Common Area - Lot 13, of
subsection A is amended to read as follows:
"(3) Privately Owned Common Area - Lot 7.
Approximately 21% of the Development Parcel
shall consist of commonly owned area, which
shall be owned by the owners of Lots 1-6 as a
nonpartitionable undivided appurtenance to
their lots. The Common Area shall be managed
and maintained as provided in Section VIII,
paragraph C, below. The deed restricted
employee housing unit shall be located in Lot
7 . „
D. The site data tabulations annexed to the
Amendment to PUD and Subdivision Agreement as Exhibit "A" are
deleted and hereby superceded by the Summary and Site Data
Tabulations hereto annexed as Exhibit "A".
E. The heading of Subsection B - Public Open
Space - Lot 14, is amended to read Public Open Space - Lot 8,
and the last full sentence of Subsection B is amended to read as
follows:
"Ownership of such open space shall be in
Pitkin County, Colorado; provided, however, and
always, that the benefit of the above -described
open space restriction and dedication shall be
specifically enforceable by (1) the City and/or
(2) the Owner, its successors, grantees and
assigns, including the owners (or an associa-
tion thereof) of Lots 1-6 within the Develop-
ment Parcel."
II. Amendments to Section II - Interrelation of The
Pitkin Reserve and Smuggler Mobile Home Park.
A. Subsection C - Development Allotments, is
hereby amended to provide that six (6) rather than twelve (12)
of the nineteen (19) otherwise nonexempt free-market housing
units resulting from the conversion and construction processes
at the Smuggler Mobile Home Park are to be utilized in connec-
tion with The Pitkin Reserve.
N
FA56
B. Subsection C - Development Allotments, is
hereby further amended by the addition of the following new
sentence:
"All of the nineteen (19) otherwise nonexempt
free market housing unit development rights not
utilized in connection with the actual con-
struction of homes at The Pitkin Reserve shall
be retained by Owner and shall be freely
transferable to other properties, and alien-
able. For these purposes, however, any devel-
opment proposal utilizing all or any portion of
the free market housing unit development rights
shall be subject to all the applicable review
processes set forth in The Municipal Code of
the City of Aspen, with the single exception of
review under the Growth Management Quota
System, which shall not be necessary."
III. Amendments to Employee Housing Dedication and
Restriction. Section 3 - Employee Dedication Restriction, is
hereby amended in its entirety to read as follows:
"The Owner hereby covenants with the City
that the employee unit described above in
Section I, paragraph A(2) shall be restricted
in terms of its use and occupancy to a resident
caretaker -employee for and of the Owner of Lots
1-6 (or a collective association thereof), to
whom a monthly rental (which may be offset
against salary) may be charged not to exceed
"middle income" Quidelines from time to time
established by the City. In the event the
owners of Lots 1-6 (or a collective association
thereof) shall determine not to employ a
resident caretaker -employee, as above provided,
they (or it) shall have the right to lease the
unit to an individual(s) who shall otherwise
meet the income and occupancy eligibility
requirements generally established and applied
by the City in respect of employee housing and
who may be charged a rent not in excess of
"middle income" guidelines from time to time
established by the City, the proceeds of which
shall be used to defray common maintenance and
related costs associated with Lot 7 or other
facilities used in common by the owners (or an
association thereof) of Lots 1-6. The fore-
going covenant shall be deemed to run with Lot
7 as a burden thereto for the benefit of and
shall be specifically enforceable by the City
by any appropriate legal action including
-4-
00'
N
BONS; 469 Mr,=857
injunction, abatement, eviction or rescission
of any non -complying tenancy, for the period of
the life of the longest living member of the
presently existing City Council of the City of
Aspen, Colorado, plus twenty-one (21) years, or
for a period of fifty (50) years from the date
of recording hereof in the Pitkin County,
Colorado real property records, whichever
period shall be less."
IV. Amendments to Section VI - Easements, Rights of
Way, and Relocations.
A. The prefatory language in Section VI is I
amended to read as follows:
"The Amended Plat sets forth certain
easements, rights of way, and anticipated
relocations that will be necessary to cause the
improvements anticipated thereon, which ease-
ments, rights of way, and relocations include
the following:"
B. Subsection D - Access Easement, is hereby
amended to read as follows:
"The owner hereby dedicates and grants unto the
owner(s) of Lots 1-6 of The Pitkin Reserve and
to the owner(s) of Lot 7, Block 1, Pitkin Green
Subdivision, their successors, grantees and
assigns, the twenty -foot (20') access and
utilitv easement shown and indicated on the
Amended Plat for their sole and exclusive use
and enjoyment and that of their guests, invit-
ees and licensees."
V. Amendments to Section VII - Other Dedications.
A. The second sentence of Subsection A -
Exemption, is amended to read as follows:
"In the event the Owner hereafter deed res-
tricts the employee housing unit to be in-
stalled upon Lot 7 to low or moderate (rather
than middle) income and occupancy eligibility
guidelines, the City agrees at that time, and
upon the recording in the Pitkin County real
property records of such a restriction, to
exempt the employee housing unit from the
application of Section 20-18 of the Aspen
Municipal Code."
-5-
00
BOOK 468 rr:,]_8(58
B. Subsection B - Land Dedication, is amended
to read as follows:
"In respect of the free-market development to
occur on and within Lots 1-6 and the employee
housing unit to be installed upon Lot 7, the
City hereby (1) accepts the dedication of Lot 8
in the manner and upon the terms and conditions
set forth in Section I, Paragraph B, above, in
lieu of the cash payment referred to in Section
20-18 of the Aspen Municipal Code; (2) confirms
as accurate and accepts the valuation of Lot 8
and the calculation of the Park Dedication Fee
based thereupon set forth in the Land Valuation
and Park Dedication Fee calculation attached
hereto as Exhibit "G"; and (3) agrees that the
value of Lot 8 as such is sufficient at least
to meet the requirements of Section 20-18,
aforesaid concerning the requirement of the
dedication."
VI. Amendment to Section VIII - Open Space and
Common Area Management, Maintenance and Use.
A. Subsection A - General, is amended to read
as follows:
"The Amended Plat provides for a parcel that
includes open space dedicated for the benefit,
inter alia, of the City and a common area
component of the Development Parcel, the
undivided ownership of which, as hereinabove
provided, shall be in the owners of the sepa-
rately designated fee simple lots, 1-6.
Respective responsibilities, limitations,
covenants and agreements regarding the manage-
ment, maintenance and use of the open space,
including that to the south of the Greenbelt
Line, and common area component of the Develop-
ment Parcel include the following:"
B. Subsection B - Publicly Owned Open Space --
Lot 14, is amended to read as follows:
"Publicly Owned Open Space -- Lot 8. Lot 8
shall be owned by Pitkin County, Colorado, and,
as such shall be managed and maintained perma-
nently and entirely by Pitkin County within
such framework as it may establish but which
shall not be inconsistent with the open space
purposes in perpetuity for which the land was
dedicated as above set forth, and in this
r 000,sou-r 4g Ft R59
respect reference is specifically made to the
rights of the City therein, as described in
Section I, paragraph B, above."
C. Subsection C - Common Area -- Lot 13, is
hereby amended to read as follows:
'C. Privately Owned Common Area -- Lot 7. Lot
7, the common area component of the Development
Parcel, shall in its entirety be owned in
common by the owners of Lots 1-6, the owner(s)
of each lot to own an undivided interest
therein as a non -severable appurtenance to his
or her lot. As indicated elsewhere herein and
upon the Second Amended Plat, Lot 7 will be
improved with an employee -caretaker unit of
approximately 800 square feet of living space,
together with approximately 800 square feet for
storage space, will accommodate a twenty -foot
(201) easement for access to the lots and for
utility purposes and will support the landscap-
ing plan. Management and maintenance of Lot 7
shall be the responsibility of a collective
homeowners' association consisting of the
owners of Lots 1-6 and shall by it be under-
taken pursuant to such provisions as shall be
set forth in recorded covenants providing for
such policies and procedures governing the use
and maintenance of the common area, including
for necessary budgets and financial reserves to
be assessed against association members, and
shall insure permanently the fit and proper
maintenance, repair, replacement and enduring
first rate safety and quality of the entire
development, including its landscaped features,
common utility systems and paved areas.
Responsibility of the association in this
respect may by it be contractually delegated to
a private property management company or to a
salaried employee of the association. The
following as well shall apply to the associa-
tion hereinabove referred to:"
D. Subparagraph (3) - Membership Mandatory, of
Subsection C, is hereby amended to read as follows:
"(3) Membership Mandatory. Membership in the
association shall be mandatory for each owner
of the fee simple lots (1-6) and shall be
automatic upon the recordation of any instru-
ment transferring a legal or equitable interest
-7-
00
poop, . ,� 860
(excluding standard security interests) in or
to any of such lots."
E. Subparagraph (5) of Subsection C, is hereby
amended to read as follows:
"The homeowners' association shall have the
power to levy assessments which will become a
lien on individual fee simple lots (1-6) for
the purpose of paying the cost of operating and
maintaining common facilities;
F. Subparagraph (6) of Subsection C, is hereby
amended to read as follows:
"The Board of Managers of such homeowners'
association shall consist of at least three (3)
members who shall be owners of the fee simple
lots (1-6) within the development."
G. Subsection D - Building Restrictions, is
hereby amended to read as follows:
"The Owner agrees and hereby covenants that the
number of units that will be built within The
Pitkin Reserve shall not exceed six (6) free
market units plus one (1) employee -caretaker
unit and that all areas shown on the plat as
being open space or common area shall remain
perpetually so."
H. Subsection E - Party Wall Declaration, is
deleted in its entirety.
VII. Amendments to Section IX - Water Rights and
Availability. The first sentence of the second full paragraph
of Section IX is amended to read as follows:
"A 16" main waterline crosses the Development
Parcel and water service lines will be in-
stalled as shown on the utility sheets."
VIII. Exhibit G - Land Valuation and Park
Dedication Fee Calculation is hereby deleted and superceded by
the Land Valuation and Park Dedication fee calculation hereto
annexed as Exhibit "B".
IX. Remaining Provisions Unaffected. Except to the
extent expressly hereinabove set forth, and except as manifestly
inconsistent herewith, the remaining provisions of the PUD and
Subdivision Agreement for Pitkin Reserve are unchanged and in
QQ
$ON 468
effect as written and recorded in Book 423 at Pages 417 - 446 of
the Pitkin County, Colorado real property records.
IN WITNESS WHEREOF, the parties have executed
this Amendment to PUD and Subdivision Agreement for Pitkin
Reserve as of the loth day of January, 1983.
ATTEST:
Kath.ryr� K Clerk
o ert W.
r
ghes, Sec etary I
CITY OF ASPEN, a Municipal
corporation
By
illiam Stirling, May
By
PITKIN LIMITED, a Colorado
corporation
Kicha�l"Likin, President
ASPEN MOUNTAIN PARK, a
0 orad en ral artnership
,va ii
lexa der E. L kin, a Allgeneral partne , by Rober
W. Hughes, his
attorney -in -fact
M 040
eoox . 4 )
n•
DEVELOPMENT SUMMARY AND SITE TABULATIONS
Name:
The Pitkin Reserve
Number of Units:
6 free market units
and 1 PMH rental unit
Amenities:
caretaker/employee facility
above
storage
Unit Size:
developable area establishes
a
F.A.R. of 6,725 square feet
per
residence
Project Population:
approximately 93
Parking:
2 indoor spaces and 2 guest
parking
spaces in driveway per residence
Structures:
free standing single-family
residences
Acreage:
26± acres (includes 6 acres
of
railroad right-of-way)
Public Open Space:
19± acres
Development Site:
7± acres
Building Coverage:
approximately 25,000 square
feet
Paved Areas:
approximately 30,000 square
feet
EXHIBIT "A" TO SECOND AMENDMENT TO PUC AND
SUBDIVISION AGREEMENT FOR THE PITKIN RESERVE
-10-
010 �
BDD►; R �68
LAND VALUATION AND
PARK DEDICATION FEE CALCULATION
(calculated to the nearest 0.5 acre)
In accordance with Section 7-143 of the Aspen Building Code and
Section 20-18 of the Aspen Subdivision Code, the cash equivalent
for the park dedication fee and its determination for The Pitkin
Reserve Subdivision is as follows:
Purchase Price of Total Parcel $1,250,000.00
(20 acres)
Price Per Acre 20 71,428.60
Value of 7-Acre Development
Parcel x 7 500,000.00
Value Per Unit (6 units) 6 83,333.33
1% of Land Value Per Unit x .01 833.33
Fee per 4-Bedroom Unit*/ x 3 2,500.00
Value of 10.5-acre parcel
dedicated to open space 750,000.00
Difference between cash
equivalent of park dedi-
cation fee and value of
open space parcel
($2,500.00 x 6 = $15,000.00) 735,000.00
*/The park dedication fee for the employee housing unit to be
constructed on Lot 7 was calculated in the same manner as
above set forth and will proceed from the same land valuation.
EXHIBIT "B" TO SECOND AMENDMENT TO PUD AND
SUBDIVISION AGREEMENT FOR THE PITKIN RESERVE
-11-
• EXHIBIT "A"
ORDINANCE NO. 14
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION AND
VESTED RIGHTS FOR LOTS D-I AND N-S, BLOCK 112
WHEREAS, pursuant to Section 3-101 of the Aspen Land Use
Code, a development application requires subdivision review for
land to be used for condominiums, apartments or any other
multiple -dwelling units; and
WHEREAS, pursuant to Sections 8-104 and 7-1004 the
Commission reviewed the request for conditional use review for
accessory dwelling units and subdivision; and
WHEREAS, a duly noticed Public Hearing was held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on
r
February 6, 1990 to consider the conditional use review and
subdivision review application, at which time the Commission
reviewed the application; and
WHEREAS, the Commission considered the representations and
commitments made by the applicant and approved the conditional
use for four accessory dwelling units with conditions; and
WHEREAS, the Commission recommends to City Council
subdivision approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant subdivision for Lots D-I and N-S,
Block 112.
1
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
-, 1990, by Harris A. Cahn.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
subdivis.obl
Notary Public
-15-
Section 2-
That it does hereby grant subdivision as recommended by the
Aspen Planning and Zoning Commission, for the Oblock parcel
located between Cooper and Durant on West End, Lots D-I and N-S,
Block 112, with the following conditions:
1. Prior to the issuance of a building permit a final plat shall
be filed subject to review and approval of the Engineering
Department. The final plat shall include but not limited to:
a. The surveyor's certificate must indicate that all
easements indicated on Title Policy No. 0-9941-38538, dated
December 9, 1988, have been shown on this plat.
b. Easements for transformers and utility pedestals subject
to review by the Engineering Department.
C. An above grade trash service area.
2. Prior to the issuance of a building permit a subdivision
agreement shall be submitted for review and approval by the
Planning Department. The Subdivision Agreement shall include but
not be limited to:
a. an agreement to join any future improvements districts.
b. language binding the applicant to bond for five years the
value of the large evergreens (removed for the garage ramp) for
relocation or replacement purposes.
3. Project approval shall be conditioned upon receiving an
encroachment license for the parking garage. If an encroachment
license is not granted then the applicant shall submit new site
plans for staff and P&Z review.
2
4. Prior to issuance of a building permit the applicant shall
submit a storm water drainage plan to be reviewed and approved by
the Engineering Department the plan shall include, but not
limited to, demonstration that the historic drainage pattern will
not be affected and all snowmelt facilities, foundation drains or
outside floor drains shall be connected to a dry well of the
storm sewer, in accordance with the Clean Water Act.
5. Prior to final approval, a portion of the existing fencing
should be relocated because it is in the public right-of-way and
blocks public use of the sidewalk area.
6. The City requests that if any boulders larger than 36" are
excavated on the site and are not needed that they be provided to
the City.
z
7. Prior to recordation of the subdivision agreement and final
plat, the applicant shall submit documentation to the Planning
Department demonstrating that downstream collection constraints
can be mitigated to the satisfaction of the Aspen Consolidated
Sanitation District. The actual cost .and financial guarantee
shall be incorporated into the subdivision agreement.
8. Prior to the issuance of an excavation permit, the tunnel and
underground garage design shall be approved by the Aspen
Consolidated Sanitation District.
9. The 6 large spruce trees on West End Street and those along
Durant shall not be removed. Removal of any tree larger than 6"
in caliper shall require a tree removal permit.
10. The applicant shall work with the Parks Department to
3
relocate the clump of large evergreens being removed for the
construction of the garage ramp. The applicant shall also bond
for five years the cost of the trees (as determined by an
independent third party). In the event they do not survive
relocation the money shall be available for the Parks Department
to use for replacement vegetation.
11. The street and sidewalkimprovements shall comply with the
Pedestrian Walkway and Bikeway Plan. In the event the plan is
not adopted they shall develop the street and sidewalk
improvements as depicted on the approved plans.
12. Prior to the issuance of a building permit the owner shall
record copies of deed restrictions for the 4 accessory dwelling
units subject to review and approval by the Housing Authority.
Section 3:
w
" S That is does hereby grant Vested Rights for this subdivision
for a period of three (3) years from the effective date hereof in
accordance with the terms and provision of Section 6-207 of the
Aspen Land Use Code.
Section 4•
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 5:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
4
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 6•
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 7•
A public hearing on the Ordinance shall be held on the
day of 1990 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
-'` by the City Council of the City of Aspen on the day of
�frjfi 1990.
William L. Stirling, Mayor
ATTEST:
Kathryr. �.Koch,
City Clerk
FINALLY, adopted, passed and approved this 9�-day of
1990.
William L. Stirling, Yiayor
ATTEST:
Kathryn Xoch, City Clerk
5
P.O. Box 2155
EXH1" Aspen, Colorado 81612
(303) 925-6727
August 6, 1990
Mr. Sunny Vann
Vann Associates, Inc.
230 E. Hopkins
Aspen, Co. 81611
RE: Oblock Property
Estimated_ Cost_ of Public Im r�ov_ements
Dear Sunny:
This letter is in follow-up to our discussion of July 19, 1990 regarding a
schedule of costs for public improvements for the Oblock Property. I have
identified public improvements pursuant to Aspen Municipal Code, Section 7-
1004C.3.A. and have included only improvements that will provide an upgrade of
existing main utility lines or improvements within the right-of-way, such as
curb, gutter, sidewalk and pavement. I have not included in these cost estimates
service lines, or cost elements such as demolition, on the belief that the city
would not undertake demolition work in the event the project did not commence.
I would anticipate that financial guarantees will be required pursuant to Aspen
Municipal Code, Section 7-1005.D. requiring a guarantee for 100% of the estimated
cost of public improvements. As you know, the City Engineer will need to sign
off on both the list of improvements and the estimated costs thereof.
Public improvements relevant to the Oblock Parcel include the following:
1. Sidewalk - 650 In.ft. x 5 ft. wide =
361 sq.yd. @ $25 sq.yd. $ 9,025
Base course 361 sq. yd. x .II yd. =
40 cubic yds. x 2 ton/cu.yd. = 80.22
tons @ $18/ton $ 1,444
Handicap ramps 2 each @ $400 $ 800
Subtotal -Sidewalk $111270
2. Curb and gutter 650 In. ft. @ $13
per In.ft. $ g.450
3. Alley pavement 200 In.ft. x 20 ft.
wide = 444 sq.yd @ 3" depth = 37.04
cu.yd. x 2 ton/cu.yd. = 74.08 tons @
$50/ton $ 3,704
1512 Grand Avenue, Suite 212 • Glenwood Springs, Colorado 81601 • (303) 945-1004
C 04P
•• EXHIBIT "B"
J
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N�j�1NdM•NIMdI"j
August 6, 1990
Mr. Sunny Vann
Page 3
3 phase primary in conduit 250 In. ft.
@ $40/In.ft. $10,000
Service transformer I each @ $15,000 $15,000
70 In. ft. single phase in conduit
@ $30/In.ft. $ 2,100
Connection to existing system (Lump Sum) $ 2,000
Subtotal electric improvements I291100
7. Sanitary Sewer Line replacement. The following estimate is for
replacement of the sewer line in the area of the tunnel
construction. The sewer line replacement is the first of several
items that are required in terms of relocations over the tunnel
structure and would seem appropriate for financial assurance with
the City in the event tunnel construction work were commenced, but
not completed,by the developer. You will note that I have not
included any estimates under the sewer line category for off -site
improvements such as an upgrade of the line in the alley behind
Crossroads Drug. I have also assumed that we will not disturb the
existing manhole in the middle of the alley adjacent to the Oblock
parcel. Sewer replacemnt costs are as follows:
50 In. ft. PVC sanitary sewer @
$35/ln.ft. $ 1,750
Temporary rerouting of sewer
flows around the tunnel project $ 2,500
(Pavement replacement is covered by the
alley paving item 3 above)
Total sewer line replacement $ 4L250
8. Phone line in conduit 70 In.ft.
@ $10/ln.ft. $_-700
9. Gas line replacement 70 In.ft.
@ $15/In.ft. $ 1,050
Temporary routing around the project
site $ 1,000
Total for gas line I_21050
(- 00 (
•
August 6, 1990
Mr. Sunny Vann
Page 2
Base course 444 sq.yd. x 6" = 74.07
cu.yd. x 2 ton/cu.yd. = 148.15 ton x
$18/ton $ 2,667
Prep subgrade $ 1,500
Subtotal -Paving $ 71871
4. Street lights - Aspen Antique style
6 each at $3750 �2?,500
5. Water line - as you may recall based on discussions with Jim
MarkaIunas of the Aspen Water Dept. on August 16, 1989, he indicated
that we would be permitted to tap an existing 14 inch main in the
Cooper Avenue right-of-way with an 8 inch ductile line main
extension along West End Street for possible future interconnect by
the City of Aspen. This short main extension, which I would now
estimate at approximately 75 feet in length, would represent a
portion of a public water system improvement allowing a future
interconnect to Durant Avenue. The estimated cost of this main
extension is as follows:
75 In. ft. 8" VIP main @ $35/In.ft. $ 2,625
8" Tee, I each @ $275 $ 275
Tie in to existing main(Lump sum) $ 1,000
8" plug, I each @ $150 $ 150
8" gate valve, I each @ $675 $ 675
Pavement repair 75 In.ft. x 20 ft. _
167 sq.yd. x .11 yd. = 18.56 cu. yd. x
2 ton/cu.yd. = 37 tons @ $50/ton $ 1,855
Subtotal, water main extension $_61580
6. Electric Extension - As you may recall, in a discussion with Don
Gilbert, the City's Electric Superintendent on August 18, 1989, he
indicated that the project would require an extension of 3 phase
primary from Original Street along the existing alley. He further
indicated that any existing lines in the area of the proposed tunnel
will require placement in conduit. Electric system improvement
estimates are as follows:
C •' EXHIBIT "D"
•� Ni r. DALY ENrrki,kisr,;
Julia Marshall Lan,lscahe Architect Post O(lice Box Soto
Aspoi, Colora,lo V 1 o 12
IM 025 1621
OBLOCK
LANDSCAPE COST ESTIMATE
AUGUST 26, 1990
TREES:
Aspen:
(5) Single stem
2"
caliper
@ $140.00 ea.
$700.00
(5) Multi stem
2"
caliper
@ $175.00 ea.
$875.00
Mountain Ash:
(18) Single stem
2"
caliper
@ $250.00 ea.
$4, 500.00
White Fir:
(12)
12'
@ $500.00 ea.
$6,000.00
Western River Birch:
(18)
4'-5'
@ $125.00 ea.
$2,250.00
Spruce:
(4)
12'
@ $550.00 ea.
$2,200.00
Cottonwood:
(5)
2"
caliper
@ $225.00 ea.
$1 ,1 25.00
----------------------------
TREETOTAL•
$17,650.00
SOP
15,600 square feet
@ .35/square foot
$5,460.00
PERENNIALS:
50 square feet
@ $6.00/square foot
$ 3 0 0.0 0
GROUND COVERS:
3,280 square feet
@ $3.75/square foot
$12,300.00
TOPSOIL
235 cubic yards
@ $15.00/cubic yard
$3,525.00
LABOR:
$9,960.00
----------------------------
TOTAL•
$49,195.00
COO
r 0•
August 6, 1990
Mr. Sunny Vann
Page 4
10. Cable TV in conduit 70 In. ft.
@ $10/ln.ft.
II. Backfill tunnel excavation. While not a public improvement under
the normal definition, it would seem appropriate to consider the
possible expense associated with restoring the tunnel excavation in
the event the developer begins such work within the public right-of-
way but is unable to complete it for some reason. I would
anticipate that the City would want funding available to provide
structural backfill within the excavation for the tunnel and restore
the alley to its prior condition. Given the depth of the tunnel
structure, I would view the worst case condition as a
fully excavated hole for the tunnel structure that would require
backfill by the City or the City's contractor to restore the alley.
The estimated cost of this work is as follows:
Placement of 1200 cu.yd of
structural fill @ $12/cu.yd. 1141400
Total estimate for all public
improvements _$107.871
As we discussed in our meeting of July 19th, it is entirely possible that the
developer will decide to place a higher level of improvements in the alley or
on the sidewalks fronting the property. From the standpoint of financial
assurances however, it seems appropriate to provide guarantees for the standard
level of public improvements required or installed by the City itself. You may
wish to refer to my letter to you of August 24, 1989 regarding special conditions
and options with respect to public improvements.
I hope this letter will be adequate for cost estimate purposes for the financial
assurance requirements for the City of Aspen. Please feel free to contact me if
I may provide additional information or detail regarding these cost estimates or
discuss amendments with you.
Respectfully submitted,
SCHMUESER GORDON MEYER,
Go
�7S
J y W. Hammond, P.E.
rincipal-Aspen Office
JH/ja9181
owner's choosing in the unit, (ii) no tenancy shall be shorter in duration than six (6) consecutive
months, and (iii) the occupant(s) must be a resident of Pitkin County, Colorado, at the time of
his or her qualification through the Housing Authority and/or employed in Pitkin County for a
minimum of thirty (30) hours per week, nine months of the year, at the time of qualification and
must continue to meet such residency, occupancy and profile requirements throughout his or her
occupancy of the Accessory Dwelling Unit. The rent that may be charged for any of the
Accessory Dwelling Units may be whatever shall be negotiated between the owner thereof and
the occupant(s), without regard to the income level of the occupant(s) or any other rental price
restriction of the Housing Authority.
3. None of the Accessory Dwelling Units may be partitioned (through
condo miniumization or otherwise) from the principal residential dwelling units to or within
which such Accessory Dwelling Units are attached or constructed.
4. Neither this deed restriction nor any of the covenants contained herein shall
be modified, released or waived in any respect except by written instrument executed by both
the Owners, or the Owners' successors, grantees or assigns, and the City of Aspen, Colorado,
and duly recorded in the Pitkin County, Colorado real property records.
IN WITNESS WHEREOF, Owner has hereunto set its hand and seal as of the
day and year first above written.
OWNER:
Howard Bass
Harris A. Cahn
STATE OF COLORADO )
s.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
1990, by Howard Bass.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
(Notarial Clauses continued on Page 3, following)
2
COO r-00
EXHIBIT "E"
DEED RESTRICTION FOR
ACCESSORY DWELLING UNITS AT
OBLOCK TOWNHOUSES SUBDIVISION
THIS DEED RESTRICTION is made and given as of the day of
, 199_, by HOWARD BASS and HARRIS A. CAHN (collectively "Owners")
with reference to the following:
WITNESETH:
WHEREAS, Owners are the record owner of the following described real
property situate in Pitkin County, Colorado, to wit (the "Property"):
Lots D, E, F, G, H, I and N, O, P, Q, R and S,
Block 112,
CITY AND TOWNSITE OF ASPEN
WHEREAS, Owners have proposed the construction on the Property of fourteen
(14) fully self-contained dwelling units consisting of nine 3-bedroom and one 2-bedroom free
market units, and four studio Accessory Dwelling Units.
WHEREAS, pursuant to the provisions of that certain Subdivision Agreement for
Oblock Townhomes recorded in Book _ at Pages _, et seq., of the Pitkin County, Colorado
real property records, Owners are required at this time to deed restrict the Accessory Dwelling
Units to be constructed within the project in the manner hereinbelow set forth.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration, the receipt, sufficiency and adequacy of which hereby are
acknowledged, Owners hereby declare, covenant and agree for themselves, their successors,
grantees and assigns, that the following shall run with the title to the Property, shall be a burden
thereupon and shall be enforceable by the City of Aspen against anyone now or hereafter owning
any manner of record interest in the Property, to wit:
1. When constructed, the four Accessory Dwelling Units approved for the
Project shall contain not less than 300 nor more than 850 square feet of net livable area [as
defined by the Regulations of the Aspen/Pitkin County Housing Authority ("Housing
Authority")], and each Accessory Dwelling Unit shall be attached to or constructed within one
of the remaining ten free market residential units.
2. While occupancy of the Accessory Dwelling Units, or any of them, shall
not be mandatory and there shall be no obligation on the part of the owner(s) of any of the
Accessory Dwelling Units to rent the unit, if any Accessory Dwelling Unit is rented: (i) the
owner of the principal residence within or to which the Accessory Dwelling Unit is constructed
or attached shall have the right to place a qualified employee(s), as hereinafter defined, of such
C 00
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
1990, by Harris A. Kahn.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
agmts\deed. res
Notary Public
91
day of
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
1990, by Harris A. Kahn.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
agmts\deed.res
Notary Public
R,
AL.TA Ovvner's Policy - 16 1 871
/7 7614
POLICY OF TITLE INSURANCE ISSUED BY
TE`�A- l*%'-'i` TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein,
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title,
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only
to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A.
ti'I'l;«,%,izrr rrITLE' GUARANTY C O N P A N 5"
Chairrnan of the Board
Countersigned: Q\`1 00 1I-EE cl/
Afz-
AutVrized Signatory 19 0 8 ,zo��
.. a
�srEX ASM10"'
Company
City, State
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company wi
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for valve without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant hod paid value for the estate or interest insured by this
policy.
14ta
Pa9� 1 of
serial No. 0-9941- 38538
001 (Rev. 6/87)
ALTA OWNER'S POLICY 0
PD/LMP
SCHEDULE A
Order No.: 15764 Policy No.: 0 9941 38538
Date of Policy: December 09, 1988 At 11 : 40 AM Amount of Insurance: S 1,850,000.00
1. Name of Insured:
BASS CAHN PP.OPEP.TIES , A NEW JEP.SEY PARTNEP.SHIP
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
BASS CAHN PROPERTIES, A NEW JEP.SEY PAP.TNEP.SHIP
4. The land referred to in this policy is described as follows:
Lots D, E, F, G, H, I, N, 0, P, Q, R and S,
Block 112
CITY AND TOVINSITE OF ASPEN
--ounty of Pitk_in, State of Colorado
Stewart Title of Aspen, Inc.
602 E. Hyman
Aspen, CO 81611
303-925-3577
f
AUTHORIEED COUNTERSIGN .E
STEWART TITLE'
CODE 0012 (Rev- W67) Page 2 GUARANTY COMPANY
ALTA OWNER'S POLICY •
C '
SCHEDULE B
Policy No. -) yy4 1
This policy does not insure against loss or damage (and the company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession not shown by the public records
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
ind -i11 unpaid t-i:Ke3 an'--, assessments and an:- unredeemed
ta._ .;aL�,.
Thy r 1 t?_t ]t Ln•- Lusl^ns in anvr 'general ^r specific water
CQRS"C�7nC'1, fir-:'_' protection, soil conservation or other
1is`rl_t or in anv water Service or street
improvement lrea.
F- ,7- rtt-ris and Mineral P-� er%ations as contained in Patent to
.sren T-)--dn•- ite recorded March 1, 1397 in Bo-Dk 179 at Faze 21,�
;Iil�.;
:and aLl rL•7ht:i to minerals underlvinq the subiect orover*7_ .
[1'=ITE: ; ev-ren,:e of mineral ri•7hts from the surface state is
e�ijen•_eIi b--, Deed re.-orded in B_ok 131 at Parie 81, and 'ether
instri.rmerits.
?. Eas-ement- C -r •�ls-•-trig- gran=former Tranted. to the City of Aspen
'.In•ier germs :3nli _?nllition= as set forth in the unrecorded
Ea ern- rir '1.-Treement b-Lt-,reen Matthew lblock. and said City of
aGc.-�n •i.ate,l r1.._ t;,bar L 3 , 1981*5 .
1'!. En 'r �.3 _ttment •-r 'n� �t•_!r Buildinri" onto Cooper- Avenue and
[^1? r En•j I'r ?-'r i_ sk-town on sur vev b7.r Alpine Survevs dated
�.r.'r L L 5-, L::188 a5 .lob No. 88-43 . -
Ll. En•_r:••-t•_hment of t stied, :onto alley of Block 112 as shown on
survev by Alpine Surveys dated April 5, 1988 as Job No. 88-43.
l L1—1 of Trust dated December 49, 1989, executed by Bass Cahn
Frig^rta New Jersev partnership, to the Public Trust?_ 01
Filkir, '-'- 1unty, I -I,) !3e-ure an indebtedness of S1, F5'�,')I�'3.'�'�, in
fa«=r ')f Elizabeth 8inclairf as Personal Representative of the
Estat -_)r Matthew '''block, Deceased, recorded E',cember 09, 1988
in Bu•31< 536 at Page 41,7-4 as Reception No. 306744.
S 7' I'; N*'.1
6 13 i R.- 6 8 71 P i1 q e 3 f 7 U A R A STY I I I ?I P AN I
_ :�-^ '�-." +�= :.: �e-�^ t.? .,,tee • �. . '-. ., ". •.ti- - - - �.., ._..... _ _ •�: ••ti ! v - - css.
BASS CAHN PROPERTIES ENDORSEMENT TO TITLE POLICY Form 100. 31
SERIAL NUMBER 0 9941 38538 CHARGE
No. 15764 S 718.80
ISSUED BY
STE"WART 9111[TLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Th- .mcrtn" heretiv r.=11r.es I-fle VI'llred a,7ainst loss which the
H«
itl.=.(.1re,l sh i. L L phys ica L , but not aesthet is ,
r.'l 1t e• f 1 the 1 I e o F'. c or
i:tma•T_ _ imtr�_✓_menr_s {is_inrr �.n h_ land at Ca__ f �li_v
'•
- rt_tr,_f. tei thetei, rn thtarectfter r.es1tLtin�T from the exercise of anv
rvrhts to use the land under rh,- mineral interest referred to in
E:_.eet L on If•_ . and. �f �_Y►edule B ! "the mineral rights" , ,
•
,fb1e_f_. hv.:iwever, r,-) the E,,Ll,,rainq terms and conditions:
L . Tl)-� to=l.ir-d sha L l n-t it -T the Company promptly in gar i t ins in
_ase kn..aTaLe•i,Te shaLl --,:)me to an in.s,_lred hereunder of anv actual or
thre_f.tened exercise nt the mineral rights.
.. The--ompanv shall have the right, at its casts, to take anv
a_ ti_n ahi-N: in it s opininn may be necessary or desirable in order
r �:
,,,•
f-� the ,ompanv to avoid or minimise the extent of its liability
under this endorsement, including, but not limited to anv cr all .:)f
'
the f. LL,_-eiin,T:
�•
a , Ln the I:ompany s or*m rirTht , or in the name of the insured for
the _ompan:r s benetit, to institute, prosecute and pursue to
tinal determination anTr proceedings at law or in equity, or
be[.:ir•e arfv mt_fnii_ -i1, administrative, �r regulatory tribunal or
P -
+�
;
board;
LI
e ont iriu,-Lt ion Pa(Te
N n.-
This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the
provisions hereof. it
Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated. t
Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature, this the 0 9 t h'.
day of December 1988
'
ti11, E NVI�1111 IZ'1, 11, I11,1. E.
Gl(A HA NTY r'rIM 1•AV5"
}"
> Chairman of the Bo rt1
�,r�t�E-Cfi4`_ Prrrtiulrnt
•
Counter si d by
P'4; ••.' .99 `_
1,
`opeQpr';Z�<i
Auth iced iy story
1 9 0 8 �o a;
/T
�.
I Stewart Title of As D e n
Compan
n-C—
.'"'
. W y IAnse "1,
EhOOHilw•lNTE-9904-
003 50M
ORDER NO.: 15764 0
0
Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 9 9 41 3 8 5 3 8
Continuation of Schedule Form 100. 31
t. Ln the ::m► in7 ..icin r L 7ht . or in the name of the insured for
r►1- -mr�-ink h-'R-'C L' t-:- —Dmp-� L the giving of security bond or
.!nd-art-1k Ln,x 1-, r rh- r—r,ion or Persons from whom the insured is
ant Lt L--�A by L._iecurit.v, bond or undertaking, and in the
=ame imDunt --it: icn,_-lnt_, I-) -which the insured would have been so
-nr it leil had rhi 3 not been insured; and
t-; ret.itn ;r b- raid ,,gat of any such security, bond or under-
takinq, or .hut- or in;, •:ompensation or funds recovered by the
-'ompany or the trn41-ited, such amount as will reimburse the Company
E-Dr .al L pavm-�nt3 ma-ie to the insured by the Company by reason of
the insur.an:_ acf._-,rded by this endorsement, together with all costs
_tn.7-xiienses by the :ompany in connection therewith,
in,: lud Ln,.T :ir r,,rnet, ;
No rbitit;. benetir., or defenses are intended to or shall be
•ieemed to i l..)w or be made .available to any person or entity other
than the insured bt*i reason of the insurance afforded by this
erriorsemen t . in;i the insured acrrees that all of the insured " s
ri,Tht:s and remedia i-,iaLnst third parties relating to the subiect
matter of tiL'.i er i-rsernent: shall be deemed to have remained intact,
-n the same in,anner as Lf this endorsement had not been issued.
TILLS endorsement, i:i made a part of said policy and is subject to
the -chedulcs. -:onditions and stipulations therein, except as
m-dif ied by the r)ro:,-is uns hereof.
f
Page
STEW.,Ikiv ' TITLE.
GUARANTY COMPANY
CONDITIONS AND STIPULATIONS
•
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Company would have hod against the named insured, those who
succeed to the interest of the named Insured by operation of low as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge
or notice which may be imputed to on insured by reason of the public records as
defined in this policy or any other records which import constructive notice of
matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and improve-
ments affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred
to in Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, Nays or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the land is
insured by this policy.
(e) mortgage': mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records': records established under state statutes at Date of Pol-
icy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge. With respect to Section
1(o)(iv) of the Exclusions From Coverage, "public records" shall also include
environmental protection liens filed in the records of the clerk of the United States
district court for the district in which the land is located.
(g) "unmorketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would entitle
a purchaser of the estate or interest described in Schedule A to be released from
the obligation to purchase by virtue of a contractual condition requiring the
delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of on insured only so long as the insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or convey-
ance of the estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a Purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
an insured hereunder of any claim of title or interest which is adverse to the title
to the estate or interest, as insured, and which might cause loss or damage for
which the Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable. If prompt notice shall
not be given to the Company, then as to the insured all liability of the Company
shall terminate with regard to the matter or matters for which prompt notice is
required; provided, however, that failure to notify the Company shall in no case
prejudice the rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own cost
and without unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall
hove the right to select counsel of its choice (subject to the right of the insured to
object for reasonable cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured in
the defense of those causes of action which allege matters not insured against by
this policy. f
(b) The Company shall have the right, at its own cost, to institute and prose-
cute any action or proceeding or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or interest, as insured, or
to prevent or reduce loss or damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive any provision of this
policy. If the Company shall exercise its rights under this paragraph, it shall do so
diligently.
R) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent jurisdic-
tion and expressly reserves the right, in its sole discretion, to appeal from any
adverse judgment or order.
(d) In all cases whet•, policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give 'he Company oil
reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit-
nesses, prosecuting or defending the action or proceeding, or eiferhnq settle
ment, and (ii) in any other lawful act which in the opinion of the tArnuany may
be necessary or desirable to establish the title to the estate or interest as -nsured.
If the Company is prejudiced by the failure of the insured to turmsh'he required
cooperation, the Company's obiigations to the insured under the policy shall ter-
minate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or dam-
age signed and sworn to by the insured claimant shall be furnished to the Com-
pany within 90 days after the insured claimant shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possi-
ble, the basis of calculating the amount of the loss or damage. If the Company is
Prejudiced by the failure of the insured claimant to provide the required proof of
ass or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such proof of loss or
damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the Com-
pany, all records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably pertain
to the loss or damage. Further, if requested by any authorized representative of
the Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the insured claimant to submit for examination under oath, pro-
duce other reasonably requested information or grant permission to secure rea-
sonably necessary information from third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the foliowing
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to Pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation, and the policy shall be surrendered to the Company for
cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company
is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the joss or dam-
age provided for under this polity, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the Com-
pany up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
porogroPhs (b)(i) or (ii), the Company's obligations to the insured under this pol-
icy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute
or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or dom- ,
age by reason of matters insured against by this policy and only to the extent
herein described.
(continued and concluded on last page of this policy)
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0 EXHIBIT 3
September 25, 1989
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
i
Dear Ms. Lamont:
Please consider this letter authorization for Sunny Vann of
1 Vann Associates, Inc. to represent the Oblock Partnership in
the processing of our application for subdivision/condition-
al use review. 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.
Sincerely,
THE OBLOCR PARTNERSHIP
Howard s
Bass Ca n Properties
1 II
Michael Lipkin
Aspen Mountain lark II
SV:cwv
APPENDIX B
SCHMUESER 6WON MEYER
September 18, 1989
Mr. Sunny Vann
Vann Associates, Inc.
230 East Hopkins Avenue
Aspen, CO 81611
RE: Cblock Parcel
Dear Sunny:
•
CONSULTING ENGINEERS & SURVEYORS
P.O. Box 2155
Aspen, Colorado 81612
(303) 925-6727
EXHIBIT 1
I have, at your request, inspected the Oblock property (Lots D through
I and N through S, Block 112, O.A.T.) and contacted the various primary
utilities with regard to service availability and technical concerns
with respect to the proposed tunnel.
Utilities
Generally, all utilities contacted indicated the ability to serve and
expressed no major concern over the proposed tunnel that might preclude
its construction. Most utilities suggested that their facilities be
placed in conduit or sleeved in the tunnel area.
More specific utility information follows:
Water
In a conversation with Jim Markalunas on August 16, he indicated that
service is available to the project. He suggested tapping the 14-inch
transmission main in Cooper Avenue with an 8-inch ductile line and
valve in the West End street right-of-way. The north structure would
then tap to the 8-inch line and provide the future ability for the City
to complete an interconnect between Cooper and Durant. The 8-inch main
should only be about 50 feet long.
The south structure can tap directly to the existing 6-inch main in
Durant. Both structures should have individual meters to each unit.
Sanitary Sewer
I spoke to Tom Bracewell on August 16. He indicated that the ability
to serve is dependent upon the upgrade of an existing line in the alley
that is three blocks to the west of the project site. The existing
line in the alley behind the Independence Building is apparently under-
sized to handle the additional flow of a major project. Tom indicated
that the Sanitation District would require the upsizing of this line as
a condition of service. The alley line would comprise about 350 feet
of new main.
1512 Grand Avenue, Suite 212 • Glenwood Springs, Colorado 81601 9 (303) 945-1004
•
•
September 18, 1989
Mr. Sunny Vann
Page two
I would suggest that the upsizing of the line is a benefit to the
District system as a whole and accounts for a capacity increase well
beyond the needs of this project alone. It would seem appropriate, on
behalf of the client, to offer some cost sharing or rebate agreement
approach for the further utilization of the upgrade.
Tom expressed no special concern over the proposed tunnel. He noted
that the existing 8-inch sewer has a slip -lining which may pose some
problems in replacing a section, but indicated no objection to place-
ment over the tunnel. Survey information appears to show plenty of
clearance to meet sewer grades over the tunnel.
Electric
I met with the City Electric Superintendent, Ion Gilbert, on August 18.
1 He indicated that the project would require three-phase primary that
would need to be extended into the project site from the west side of
Original Street (250 feet) along with a transformer for the structure.
Don requested conduit for any lines in the area above a tunnel
structure.
Single-phase power is already available for construction use.
Gas
Ray Patch indicated that 11ocky Mountain could serve the project and
also suggested sleeving their lines over any tunnel. He noted that the
existing gas line in the alley must be maintained during all construc-
tion activity as it is a "dead end" line servicing structures to the
east.
Phone and Cable TV
Though I was unable to get direct convents from the phone and cable
companies, I note pedestals in place along the alley for both. I would
anticipate that service is available and, given the low power nature of
their lines, that replacement over the tunnel would not pose a problem.
Stone Drainage
The proposed structures transform property from mostly vegetation to
nearly 50% structure. The project will require nearly 750 cubic feet
of drywell capacity to meet City drainage standards. These drywells
should be located as far from the structures within the property bound-
ary as possible. Locations appear to be available in the northeast
corner of the north site and along the south frontage of the south
site.
•
September 18, 1989
Mr. Sunny Vann
Page three
The depth of the structure will require close coordination with a soils
consultant to determine that drywells can function on site without
impacting the structure itself, or interfering with existing ground-
water. Drywell overflow may be accommodated by routing back into the
structure for pickup by a sump discharging to the surface or a storm
drain.
Drainage of the garage level would require a sand and grease trap and
sump that would pump flows to the sanitary sewer. Roof, surface and
patio drains would generally route to the drywells. We are confident
that a drainage plan, meeting City requirements, can be generated and
will provide detailed volume calculations for the project at Final
Plat.
Roads and Traffic
Existing traffic volume data does not indicate specific count infor-
mation for West End Street adjacent to the site, but does indicate
average daily volumes of 4700 vehicles on Cooper, 1300 vehicles on
Durant and 3400 vehicles on Original during peak winter season. Street
configuration would tend to indicate a volume in the low 1000 range on
West End. All streets are well below capacity.
The proposed parking access on the alley results in no new conflicts on
adjacent streets with traffic entering and exiting the project on
existing alley alignments. Trip generation analysis for several
downtown condominiums projects (TDA, Inc. Aspen Lodge Transportation
Study, 1983) would indicate that two trip ends per day per parking
space (one round trip is two trips ends) , with parking provided at one
space per bedroom, represents a conservative (high) estimate, particu-
larly for a project this close to downtown. This generation would
represent the addition of about 66 vehicles per day to the adjacent
street network with a peak hour impact of 20 vehicles. Both numbers
represent a small impact, easily absorbed by adjacent streets.
The subgrade parking on the plan will eliminate any demand for on -
street parking by the project residents and avoids even the conflicts
normally associated with head -in parking off the alley.
I believe the above information adequately responds to the items you
had requested in our meeting of September 13. Call me if I may provide
further information.
J
September 18, 1989
Mr. Sunny Vann
Page four
Respectfully submitted,
SCHMUESER GORDON MEYER, INC.
Jay W. Hanm►ond, P.E.
Principal - Aspen Office
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�SPEN/PITKIN PLANNING OFFI(e
130 South Galena Street
Aspen, 303) 920-50901611 / qfq- ( q
LAND USE APPLICATION FEES
City
00113-63250-134 GMP/CONCEPTUAL
00125
00123
00115
County
00113
00125
00123
00113
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
REFERRAL FEES:
-63340-205
-63340-190
-63340-163
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63450-146
REFERRAL FEES:
-63340-205
-63340-190
-63360-143
PLANNING OFFICE SALES
00113-63080-122
-63090-123
-63140-124
-69000-145
Name:
Address
GMP/FINAL
SUB/CONCEPTUAL
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
SUBTOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY/COUNTY CODE
COMP. PLAN
COPY FEES
OTHER
Phone:
Project:
SUBTOTAL
TOTAL
Check # Date:
Additional billing: #of Hours: