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Home My WebLink AboutLand Use Case.985 King St.0008.2011.ASLU0008.2011.ASLU 985 KING ST PARCEL 2737 04 753 002 SUBDIVISION AMENDMENT [0 Â» N 03 1 1 , - Si UJ (5]L 4 , 0008.2011.ASLU 985 KING ST PARCEL 2737 04 753 002 SUBDIVISION AMENDMENT 1 S U ~72412 - 6-ES> ' 1 :*:4 1'4Â·.rÂ· THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0008.2011 .ASLU PARCEL ID NUMBER 2737 04 753 002 PROJECTS ADDRESS 985 KING STREET PLANNER JENNIFER PHELAN CASE DESCRIPTION SUBDIVISION AMENDMENT REPRESENTATIVE PETER FORNELL DATE OF FINAL ACTION 3.16.11 CLOSED BY ANGELA SCOREY ON: 04.06.11 n le-- RECEIVED MAR 25 2011 1.->Â«c 1 1 CITY OF ASPEN 1 9-Â» fTc Â»el j COMMlINITY DEVELOPMENT Utet C~ i-' j v *4 Â«>10* co ~64 & 01-/ 66$1 â‚¬61Â« / 0 Cl 1 0 0 ~9 Â» 1 ~Arti~~ ( ef- V o oc ft Le---- Â°--3 1 0<- 090%0-0 l- 04- 9 26 4 \.Vâ‚¬-3 -3 - 5 -5 < 3Â«Â« < 3--L *J< 1/ ily 4 0-Ly-C *41Â« tri 1 0 1 3 21Â«c/Â«14 1 4 1Â« v 0 4 24-~4 Fixwing w/ RF & 2-way repeaters Â»e-=/4 + * Cdo int - t\A 1/ w. , 0 --Ch 363 / *Al:Ja. ..4, IL 4 1 SATTruck , p Mountain Top A RF Relay C - 1 ---//=-\ Finish Line (if need) -'Me#<~li~IN, 2 Roof Top Rx Site 0, DP:Ilt:I!~ 12/ 1-7 WEB r-/-| RF Rx Truck -JJ 7 Mobile Unit 1.-C>-4_*_i ex_-~ Helicopter w/ LO-EX) 00 RF & 2-way Relay ~ Camera System, A Virro TV Mobile Unit \ CO > ~4117 Screen Lj/,C) Team Car w/ A In-car Camera System Comm Car w/ Computer Rx& RF Transmitter 1 %---i~ aj':I'Il-/.i----1 . Hospitality ==r===--1. -*--- Monitors en==- / ~ RF Camera Bil<7 1.*.1-8 -7-- Bike w/ f. C -7 , 7 14'-3 '. O.. a Computer A 1- I -'. System '. 2,24 -3 1? Finish Line f Hard Camera ~â‚¬-244/ \J To: Community Development From: Peter Fomell Date: February 22, 2011 Re: Application for 985 King Dear Sirs, Thank you for your assistance with my efforts at 985 King. To describe briefly, our plans are to retire an income eligible resident requirement on the Premises at Lot 2, Astor Subdivision and utilize the FTE credit program to retire credits equal to the requirement for the existing dwelling. The income restricted occupancy requirement is defined in the original Subdivision Agreement recorded May 14, 1980 under reception #223991 in Book 388 Page 852. That agreement requires a qualified occupant, but does not define the unit as an ADU or AHU as the program was not created at the time. Although the agreement defines half of the units of Astor subdivision as affordable, it does not describe any size, bedrooms, category or square footage ofthose units. The restriction mentioned in the aforementioned document is restated under the amended subdivision agreement completed in 1994 under Book 754 and Page 394 under the under the section titled as Agreement within Paragraph 3 subsection C extending the 1980 agreement as to remain in full force and effect on Lot 2. Those pertinent documents have been attached for your review. Another form attached identifies the home as having 3450 sq. ft. ofFAR requiring an individual to mitigate 1.15 FTE's. This process complies with the land use code pertaining to the retirement of one mitigation with another, as well as the new land use section with regard to certificates of housing credit. This is not only an appropriate use within the code, but presents the unique opportunity to retire an asset in the housing department which we cannot monitor with an asset in the housing department which the community has complete review and authority over (AHUs). Further, an owner of an unmonitored who retires their deed restriction with FTE credits assists in the creation of additional affordable housing locally without any further free market development. Upon approval, the applicant will purchase and retire 1.15 FTE credits with the Housing Authority, simultaniously an amendment to the Subdivision agreement for Astor Subdivision and the deed restriction for Lot 2 shall be retired from the deed ofthe Parcel. SincerÂ¢, / 1 1, / d.. Of Peter MEMORANDUM TO: Cindy Christensen, APCHA FROM: Jennifer Phelan, Deputy Planning Director~ RE: Subdivision Amendment, Astor Subdivision DATE: March 11,2011 APPLICANT /OWNER: CURRENT ZONING & USE: The Larry S. Lawrence Medium-Density Residential with a Planned Unit Development and Mara B. Lawrence overlay (R-6/ /PUD). Approved as a duplex residence with one unit Family Trust, Larry being deed restricted at Category 2. Lawrence PROPOSED LAND USE: REPRESENTATIVE: Applicant requests the ability to retire the existing deed restricted unit Peter Fornell via purchase of Affordable Housing Credits. LOCATION: Figure 1: Vicinity Map 11<*Ai: :'Â· D T Lot 2, First Amended Plat, Astor Subdivision, ~41'1Â». commonly known as E '' . 4,4 9.- 0 7,4/,8 985 and 988 King Street >'. Â·Â·t Â¥0 efr, /9' ' al'"latill . 44; *..i .7 - -4 -,7.4&"1"vidyr:9/*Â¢ -'. Irlilialillihilil . 10'f *Â£. 222.1-,- ' 4-05* FI'~9/ ....t . / C .2 5 *1 -/44/:-f~i fjqfli r,ya IM"6/1 4 . %*Trs* /3 ?2 Â§$$4@ 976. t / ' ,,dh.14 -:s -Â·-..: + ~EEN ST* Od ' LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting approval of the following land use approval from the City Council: Subdivision Amendment for a change to an approved plat that is consistent with the approved plat (same number of lots) pursuant to Land Use Code Section 26.480 (City Council is the final review authority who may approve, approve with conditions, or deny the proposal). PROJECT SUMMARY: The Applicant is requesting to retire an existing deed restricted 1/2 of a duplex unit with the purchase of affordable housing credits. Following is a history of the subject site known as Lot 2,985 and 988 King Street: â€¢ The Astor Subdivision was a three (3) lot subdivision approved in 1980. The subdivision improvements agreement (SIA) permits up to "two (2) dwelling units per lot for a total of six (6) dwelling units." Additionally, three (3) out of the six (6) dwelling units within the subdivision were required to be deed restricted and occupied "by low, moderate, and middle income" residents. â€¢ In 1994 the first Amended Plat of the Astor Subdivision was approved and created a fourth lot (Lot 1, 955 King Street). As a condition of approval, Lot 1 was required to provide a Category 1 unit on-site. The remaining three lots original deed restrictions from the 1980 approval were required to remain in effect(Lot 2,985 and 988 King Street (the subiect lot): Lot 3,993 and 995 King Street; and Lot 4, 981 King Street). â€¢ In 1995, the existing duplex was demolished and replaced on the subject site with a new duplex. A 482 sq. ft. net livable area, one bedroom unit was deed restricted at Category 21 . At 482 sq. ft. of net livable area, the unit does not meet the minimum 600 sq. ft. required for a one bedroom, Category 2 unit. STAFF RECOMMENDATION: The retirement of the Category 2 rental unit via Affordable Housing Credits appears to have merit, particularly in cases where compliance has been problematic for APCHA. Community Development staff recommends approval of the Subdivision Amendment to permit the use of Affordable Housing Credits conditioned on the credits being Category 2: however, APCHA should determine the number of FTEs required to be mitigated by the credits. ATTACHMENTS: Exhibit A: Astor subdivision plat (1980) Exhibit B: Astor subdivision agreement (1980) Exhibit C: First amended plat, Astor subdivision (1994) Exhibit D: Amended subdivision agreement (1994) Exhibit E: Deed restriction 1 Building permit plans show a studio unit located in the basement; however, the unit is actually located at grade. Staff cannot determine the unit configuration as floor plans for the change order to the building permit were not on file. FINAL PLAT 3ook 9 pole 67 ASTOR SUBDIVISION A ..... 0, .... DE.C.ille I /00â€¢~ 46' 0/ p./.A /5/ AND ....1/JATE' ir. SECTIONÂ· 7. TOWâ€¢.S+UP Â£ 50Â·'Tit RaNG:L 6,4 WrEST SF 7- IT. Plqi.CIDA_ ME.J.... CIT. OF ASPEN I PhTKâ€¢~ COJNT Â¥, COLOFIADC [1.[EGEN,Ilm E IN(n,Ir[15 7-%-)* I ./O -S ./-SA../CAP AS 022.CÂ·.'BED /1 cALLS W C ) ....C>EAD Il- PRoPEMTY LÂ¢NE' ~Al 4 v OWNERS & SUBDIVIDERS --1------ PENCE LAI Ck -TOR . .. 0 'e,vER pre./ 2 Tb .EP-0.9 2 -I 2.-. / 0- - â‚¬2281 rda \ Se,S .W ST ( 80/ 864' ASPEN. CO~OMACO 81.1 2.WRvEY 925 ~566 t50â€¢u_EdL_ -S RE-SAQ ./CAP 23'/ la-r DEDICATION 0 ./1- T. BOK 4 WEd/1NVE 17 W ,/ - v, - WATE' LIN,E 73,9 KNOIN Ali MEN eY T HE M Pite 'Eh'" TMAT C.L ASTOR & â‚¬,0 , Ae OWNE"F A Â°ORT,ON OF aECTION -7. TOW "Al P IC SOUTH. RANeE - WES' OF â„¢E. 67.4 PR,NIJPAL MERIDIAN. PART OF LOTS 2, 3.4, AND 5...OCK 5 AND PAR-r OF LOT' S AND I I 6 - GAS _INE 5, 00/ 6. IUGHS ADD,-TION. AND A PART OF QUEEN 3TREET MO)/E FULLY DESC/,SED AS rodOwl ~, SE-*NNIN..T A PCÂ·NT ON TME SOL,THEMILY ..NE OF â€¢UNG OTREET. -. POINT mE~N. 3,8 v . DeS 26 FEET .FUM CORNELA NO I J TiRACI ~C>, ..Ay .3PE.N ADD, 7,014 4 TMENCE 5 24-DO N â€¢42 63 FEET . UNDE.C.I.ED E..EMENTS , .--V>I.FA4. TMENCE 6 38-26 . 76 16 FEET. _ w ___FOR ./151'.6 ...... 1 riENCE N 7~~29 W :4S 2 FFET. THENCE N 27-'59 E '42 6/ MEET, bEWE. --6.--6 -0- G- - - . 193i 1.WENCE.34-46 2 9~ 75 .t=LT -9 /64E SOU-.Â·~EHLÂ¥ LINE Og â€¢<1NG 31/ECT . i. KING ST~f~ JT1.-'-.1.. 2,0,-" y&.3~ -_ W _ r.lE,CE I 66-2, v. '227 â€¢We ~EE-1. M.- AOLE -7 Â» 1 LONTAN NG 45,28(2 SQUaaE FEET. 'ACIE OR ..Â£33 -1AVE Gâ„¢ -â„¢EME C-'f~,ESENTS ,-Ar) e,7 PLATTED Ah,0 t>JBD V'DEl ' -_* . S â€¢2/Â·ESAR 1--ENCE 3 642-2 I Z55 02 +CET ALON~ i lE- baelâ€¢â€¢ERLY Li NE OF.,Ne 3T9EET ~0 Tr,/ POINT OF .%0./. .Â·Â©M,ZONTAL P~SMAN 2~ble ) ~ / ~ COP WAX -40 008. iCL U'r .4,11 v EASE'V,ENT~b Bowk ,â€¢EQEC- C L ..7OR I 1.2 *MI NTO 4-arb JNDE' .... AND STILE OF ASÂ·rom SJ.01'41SION AN' D. IR/eN Z,UU,Cal L Â¤~GP B cur.TFKX,1 (Ga sz.') R '0' L ,~ R 8%el '4 */4 ~1Â¥+ - / â€¢02 ce .. 1 I FWas Ox #Ag..S'i % '4 ~--11,3_.,~Â£ .....,TED T.~s.ir.*4*roll- gao ./ S.ATE OF COLORADO 3 53 .E=*14,1 /9 k--521\ 6/ .0-/=eml--- 1 I al i= COuNTÂ¥ oF liT/14 i ~Â£ 'OREGOING 1.431"914' WA' ACKNOWLEDerED MEFORE ME -T,4.5 4144>A- 0,0 ~1~)11.L , '922. 9 1 * COMeteD,OrN EUm~Es 2*â€ž./6 Y~Uu.Â·Â£ e . 7--W Pi ..= ta =, 0 1 ; liz! DU.LE' 1.%// F L+**~ 1 NO rA,e PUSLIC ~ITNt.35 MY HAND AND *.14 5EAL 2 1 0 18 9 . 1 SURVEYOR'S CERTIFICATE 34 151 e 24 1 1 i .... .. ....DE ...... .......iNLO De ...... LEFO i.Â¥ ./.1 i =AVE .....RED TIS ..Al Of= ./.C' '.AlliS. FAR~ SuBC>,v,5). :AT Â»5. IDCATION OF +1/ Ou~ :5 DE 600/DARY AND D-/ PEATUR ARE ACCURATEe' IND Zl 3 5 C......LY SHOWN ....ON. 3.Ar T.E ./ME ARE 5/5.-D o./ r,/ID ......5 AND TIA- THE PLATTED O/5 CONICAM % T.OS' INâ€¢<03 cru i.it GMeue.Â© ./ i : 10 ....ING 1: 3 , NED 229 MC.~~~ ~Â» . %1 ~3 20,0 MEe*W ERED LAND 4-OR Na 161*9 24/ il,li , 1 , 1 1 f CC~UNTÂ¥ 0/ PI~~/14 LOT Z =E 1 742'12']'<Z.5th.;LL) 1-44=.....,6:"Aa=AP ri-J,-4.9 * '/'25 1 SQ F.r- STATE 7 -Ck,ADO ~ 51 2 DISTÂ·]le' 0/0 ALUM CAP Tiâ€¢E FOREGOING INSTRUMEN-5 9,45 AC.)*-4.Â£66 ED BEFO,RE .E THIS _Uaj DAY OF .1 ~1, 1 ,19-L.eY DAVOW .4-1,DE / M.... , 71 % m..155â€¢ON mdÂ© 14Â·Zon I - , . VJiTNISS .. MAND ./. OFFICIAL ... NOTARY ~L]6L,G ' ~ PLANNING a ZONING COMMISSION APPROVAL 2--2 , 1 I i 2â„¢ 2/,3 P. IGS ..DIA. ARIA 1 TN I ..AT OF Awn- .JIC)IV Se' TO ..4Â£ CITN =2F *PEN' WAI APPICWCO SY -44/ CITI OF A.PEN . ANN~40 AND ZON,N~ 6/ ~â€¢5260|tbey' 0 . 00â€¢MisSâ€¢oN n.,a ..LL_ D.v or -â€¢rhaL.Â·-__-, i.Â£4 â€ž,2,5~Â·0>*~ 0 11 : ASPEN CITY COUNCIL APPROOAL 44 4 1.9 P.AT OF ASTO' 3UBDI//10. 10 THE ./T' oF A.PEN IS -IR= APPROVIC ./ TME ./. COUNC'L OF ASPEN T.,3 1 1.... 5-1 92 r 1 w..NES' COFAMR ATTESTÂ·. , r C. I CLEI~ - M. 6,8= , L CITY ENGINEER' S APPROVAL C lu 1 lim TAil . AT OF AÂ¥OÂ¥9 sueD,Ve,toN TO-442 (I-Â¥ 0.~ ASPEN ,- -FFE:/ APPROVED Sâ€¢, hIEE Cill ENG.INEER. <31/ OF \193. 1 56 1 LOT I ASP'N 1 T}415 11 DAY OF A/*46 ,%93*L <DJu.*MA_ itS. 2,9 *H 1 b CL-r' ENG.~NEEÂ·I RECORDING CERTIFICATE COUNTÂ¥ OF PRIN J { ...... CE'TiftÂ¥ T.Al .... liAr ....To,t .....v[SI.. TO .... glÂ¥ O/ JUPEN .... ACIE'TED FOR FILING N MY ; OFFâ€¢CLE AT _2:k OCLOCK ON TMEE _litbOAY OF ,19-Al ..c .... DULY FUD N P_AT 200/.- tap / A-re.Qi 2 7 1.-C.=pi.ON 104 225992- ---/%Â£5-4 /* -AN: /11-KiN COUNTY C.... 4.cof..9 3(AllE 00. = 2Â®,v ...:%r/#/ ILYA..I, INDEX PREPAiED .Â¥ 0 20 X 152 ./El. 1 5JRÂ·,i, r=V INGI NEERS. WIC 10 40 BOX 2506 f_En'FiCArES ./PIN, CO/CRAD. .6 / ! 5,-:. DElai-b L_~25 - se,~. :: E. ./. :Eve'ED MAâ„¢- e '460 SeÂ·â‚¬ET I. â€¢ _-EE-e~ r Ac# b f F./K C ... 2/1 2,/C./2-N) EN\Â«A / + 1 11/111- TE 12.\ i .. - . le'l 6 Â·1 i Recorded 11:01 AM May 14 1980 Reception# Loretta Banner Recordar 22399$ 800K388 uu852 ..1., 4 44 - 9 i SUBDIVISION AGREEMENT p Astor Subdivision .- 1 441 :9 Â· - THIS AGREEMENT, made and entered into this 13th day of 9 May, 1980, by and between C, L. ASTOR & CO, , a Colorado general partnership (hereinafter referred to as "owner") and Airt the CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter ---â€¢ F referred to as the "City") . 1-3.iz: Ck-Y.-1-1 MÂ·-,Â·t: i WITNESSETH_: --------- WHEREAS, the owner has submitted to the City for sub- division approval, execution and recording, a Final Plat of the Astor Subdivision consisting of three (3) lots situate on 1 ' ::2 1 certain real porperty in the City of Aspen, Pitkin County, Colorado as is more particularly described on Exhibit "A" 143 Oil . 7,2 ... attached hereto and incorporated herein by this reference, and 4...fl'..:1- i WHEREAS, the City has fully considered such Final Plat and is willing to grant approval of and execute the Plat in th#1 lei .i conjunction with owner's agreements contained herein, all as required by virtue of the subdivision regulations of the City fule- 6f Aspen, and ,Â£62 4 58 492 WHEREAS, the owner is willing to accept the conditions %*22, s 76'NO-i- contained herein and to enter into this agreement with the City 9*N. 1.*Polt in return for the execution of the Final Plat; *4. 8835: NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Any building constructed on Lot I of the , Astor Subdivision shall contain not more than two (2) dwelling Â£:muy: - i , :31422- units.. 1 . 1&51% 2. The current maximum permissible development in the Astor Subdivision is two (2) dwelling units per lot for a 020 '5164 total of six (6) dwelling units. Any future development of the ts,ORF 1 property over and above these six (6) units shall be subject 14*$43 14714 81261 1** 1 .' 1 KIt \ , .73 1 .1 , + .11 - li . 1 Whall; u Â· ' 111 6 1- - 1$%~ -TY&*0WJP :ZVO:=2:3 2=>52,=1)53Â·-42â€¢â€¢unt.r==2~T-u-1,+ .-.-=. .-.1- 1~2--.-- J r--I:- - he,G-emâ€¢~*3* 1***1349 32;PMFAM#**WAM'.4 4 . 412Â« Dr.3 ir.42$40.k / 1.... -1-:'.~'.4.i.. 800K 388 ;Al: 853 1.4 to the receipt of growth management approval and allotment as such is defined and regulated by the City Code. 3. Owner agrees to deed restrict three (3) out of f. 4 +.Ii 21;'4-1 the total six (6) dwelling units in the subdivision so that the S. restricted units shall be used and occupied solely by low, f ... moderate and middle income individuals as defined by Housing Income-Eligibility Guidelines established by the City Council of the City of Aspen within the provisions of Section 24-10.4 (b) (3) * WN-.9 f 9 of the Municipal Code of the City of Aspen. 4. The covenants and agreements of the owner ~ ~ ' .-5,-3~':-3-1 feÂ·': h f herein shall be deemed covenants that run with the land, shall 4.9.31 4 burden the land included within the subdivision, and shali bind 9 and be specifically enforceable against all present and subsequent R owners thereof, including the owner, its successors in interest, grantees and assigns. 5. On execution of this agreement by all parties . ;:9% hereto and receipt by the City of appropriate recording fees, the City agrees to approve and execute the Final Plat and t6 authorize the recording of the same in the real property records in Pitkin County, Colorado. (~ â€žv ~.Y , 6. Owner agrees to enter into a sidewalk, curb #4Â·41 and gutter improvement district in the event one is formed. 4.4- 3/ .rÂ· 2 IN WITNESS WHEREOF, the parties have executed this '24.671 1 0 ,Â·:Â·,52Â·.â€žAg"ement the day and year first above written. 1%14 , >Â·(31.-: Rt<* f~ .1 2 -- :. .1 3 - CITY OF ASPEN 01*01 .el.. -50 ~ 44,?~412(-42]/Koch 41-- -+11 ....... 1.......1. 6 - . HeEman Edel 4 1 Mayor *iiâ‚¬& c, L, ASTOR & CO, . .T Â¢{'P. ~: * AN*. 4 imt/: i <D By 1 QX24-aa~99~4-ze-5 Carla L. Astor 10* General Partner E. Em AÂ¢*6 - - - 4Â¥2*7 . A -I - IP fl , ,%*imil *I.*. - -5 -:t 7Â» WK">71 Re@EÂ¢16'9*MMR*3*3*3%%20395-- .' 83 14 Ut= eÂ®088 au854 4 1 b> I STATE OF COLORADO ) ) ss. 4. COUNTY OF PITKIN ) I 1 1 The foregoing instrument was acknowledged before me this day of May, 1980, by HERMAN EDEL, Mayor, and KATHRYN S. 1 KOCH, Clerk of the City of Aspen. Witness my hand and official seal. My con-Aission expires : My Cernmisslon expircs January 29,198* .Â·14; A , , 02/1 2:24>4 904Uo)03,4. ~. Â·,~ Notary Public 14: â‚¬\C, t.- STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) ....f jon'/%,...' The foregoing instrument was acknowledged beforA* me this' 11 71} day of May, 1980, by CARLA L. ASTOR, as general partner for C. L. ASTOR & CO. , a Colorado general partnership. Witness my hand and official seal. 5 My commission expires : 9-0~1~ 11/ Mi 1 *368 0700 '40, .~ "114411,1, 'f" -it ~- 1 - i 2174=:p 4 Â«41 .l ... 3~,1,71;3.3,drik\*f~.:,..~2 .. f Notary pllb,ryc k.'-19..:4065 ..3 : ' h **M## . . ~ 3 f, 1 â‚¬ 3 " 4 1~ R. ~.1.1-1 403 y24*41%*Ffrl Â·:94, 1~\; 8,0~+1*44â‚¬ft 45#*Mil/'Ill/.9/~1./A~//%17V.>..../.Il. Ml.. .:=A..,- 800K 388 PM,855 r- ) Exhibit A" to Subdivision Agreement c 51 Astor Subdivision 11:.1, A portion of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Part of Lots 2, 3, 4, and 5, Uk-1 Â·Â·C 2-Â¥ Block 5 and part of Lots 5 and 6, Block 6, Hughes Addition, ir.04 and a part of Queen Street more fully described as follows: Begidhing at a point on the Southerly line of King Street, said point being S. 18Â°33' E. 385.26 feet from Corner No. 11 47*4 24030* W. 142.63 feet, Tract 40, East Aspen Addition, thence S. 44?I thence S. 38026' W. 76.76 feet, thence N. 73Â°29' W. 145.21 feet, thence N. 23039' E. 142.87 feet, thence N. 66021' W. 107,58 feet, thence N. 34Â°45' E. 93.75 feet to the Southerly line of King 1Â·ik: Street, thence S. 66'21' E. 255.32 feet along the Southerly %4.. ' line of King Street to the point of beginning. 27 1 Â·f - fÂ¢ -29% ..5 . h. 1Â·{ 4 4,4 it-4: *di. 4 7,0 01 1 i :1./. J. :Â·A- 4%/ 191 11 I. t 14 1 4.4. 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I.:q.* AT'E' â€¢.EEMEâ€¢- - -- . 4.~'DE' 4,0-2,Â£q â€¢Â· :06 IMIL_ 4 --E . 1 4 1 .â€¢. 'AÂ· V 20' -Eâ€¢, ....0. --r- I ...' a./ I I. 49[ 4- ~OUN.' C. I *' I 5'JE oc ./_04.>< . Al ..,Â· ..~ â€¢â€¢â€¢ E -- ~C *AL; â€¢~1. 22397. 4 N. .. .... ......~ ,..4--a 1 . I. ....El . 911.i<.A:Kn:'31'Â©25 ~~'~~:'t....rÂ·,ic 2.Â· 4 2(>M ...â€¢Â·Â· 3. i.'PE. SCRVE) ENC JNEER. 'NE 14â‚¬4'.*.Clut,yiÂ°â€žr. + :82: .78'Â·M *â€¢ ~E'J,+LV ./.Ell ..E . Iâ€¢. . â€¢ ..[ 0 1. 6- Wkâ€¢T * R *% /I . ./1 . . r. I Â¢ 60, 2506 , 1 S..i - 0, '. LIT 6-" â„¢l .9 k., 3- 3 -1. TE~ I. I ~W .- % IV I :rE 40 ' p* 3uet'~13!. 3 44 "E ... P Book 39 4JE. 26 ~><fobn-D ./ l) AMENDED SUBDIVISION AGREEMENT FOR LOTS 1, 2, 3 AND 4, ASTOR SUBDIVISION, FIRST AMENDED PLAT CITY AND TOWNSITE OF ASPEN CD U ...4 -1 r - Ul THIS AGREEMENT is made this 2 9- day of (11Â·/1.-*,-u, 1994, between C.L. E % ASTOR & CO., a partnership (the "Owner") and THE (MTY OF ASPEN, a municipal corporation (the "City"). III RECITALS Y WHEREAS, Owner owns that certain real properly (the "Property") located in the City of Aspen, County of Pitkin, which shall be legally described as: -7 Lots 1, 2, 3 and 4, Astor Subdivision, First Amended Plat, -0 -J Townsite of Aspen, County of Pitkin, State of Colorado; and Zh r..J WHEREAS, the Owner had previously subdivided the property into a three (3) lot o m subdivision, known as the Astor Subdivision, which Plat is recorded in Plat Book 9 at Page 2 1 67, records of Pitkin County, Colorado; and _1 Z A <0 WHEREAS, on March 28, 1994, the City Council of the City of Aspen, bv o Â·Â· Ordinance No. 4-94 granted approval pursuant to Sections 24-7-1004,24-7-903 and 24-4- ~ ~ 207 of the Municipal Code of the City of Aspen (the "Code") for the re-subdivision of the r -0 Astor Subdivision creating one (1) new lot for development purposes, providing PUD approval and GMQS exemption for one (1) on-site affordable housing unit, and vesting e properly rights status for the project; and - WHEREAS, on February 28, 1994, the City Council of the City of Aspen, by r o Resolution No. 8-94 granted a GMQS allotment for one (1) single-family dwelling unit for ~ m the newly created Lot 1; and JO Ul WHEREAS, the approval of such re-subdivision by the City was conditioned upon the Owner complying with certain requirements, including the entering into and execution of a Subdivision Agreement for the Property; and tÂ·Â·J JU WHEREAS, the Owner has submitted to the City for approval, execution and r R recordation an amended subdivision plat for the Property (the "Plat") and the City agrees â‚¬ to approve, execute and record the Plat on the agreement of the Owner to the matters - described herein, subject to the provisions of the Code and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters as are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owner and the Owner's successors and assigns; and DAVIS K & RECO F DOC WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: AGREEMENT 1. Description of Subdivision. The Subdivision which the City Council approved consists of amending the Astor Subdivision Plat by adding a newly created Lot 1, which amended subdivision shall consist of four (4) duplex lots in the R-6 Zone district. The Owner of Lot 1 shall be permitted to construct a single-family, free market residence, within the building envelope depicted on the Plat, together with an attached or detached, one bedroom affordable housing unit, subject to compliance with the conditions of this Agreement and with the dimensional requirements of the underlying zone district applicable to a duplex lot. 2. Acceptance of Plat. Upon execution of this agreement by all parties hereto, the City agrees to approve and execute the first amended plat for the Astor subdivision submitted herewith and reduced-size copies of which are attached hereto as Exhibit A, which conforms to the requirements of Section 7-1004 of the Code. The City agrees to accept such plat for recording in the office of the Pitkin County Clerk and Recorder, upon payment of the recordation fee and cost to the City by Owner. 3. GMOS Exemption. The conditions for granting a GMQS Exemption for Lot N 03 1 are set forth as follows: f -0 A. The owner shall submit appropriate deed restrictions for a one o bedroom, Category 1 affordable housing unit to the Aspen/Pitkin w County Housing Authority for approval, prior to issuance of any 1 building permits for Lot 1. Upon approval by the Housing Authority, m in the Owner shall record the deed restrictions with the Pitkin County m Clerk and Recorder's Office. Gi 1.3 B. Prior to issuance of any building permits for Lot 1, a copy of the recorded deed restrictions for the new dwelling unit must be forwarded to the Planning Office, Ln C. The deed restrictions for Lots 2, 3 and 4 of the original Astor subdivision affecting one-half (1/2) of the existing duplexes as set forth in the Subdivision Agreement recorded in Book 388 at Page 852, records of Pitkin County, shall remain in full force and effect. D. All material representations made by the owner in the application and during public meetings with the Planning and Zoning Commission and City Council shall be considered conditions of approval, unless amended by other conditions. 4. Subdivision and Planned Unit Development Approval. The conditions for approval of the Amended Subdivision and Planned Unit Development are set forth as follows: 371569 B-754 P-398 06/ A. The owner shall place the following note on the final plat: "Lot 1 shall access the parcel across the existing access easement. No road cut off King Street is permitted for Lot 1." B. A drainage plan shall be approved by the City Engineer, prior to issuance of a building permit. C. The owner shall construct a sidewalk along Lot 1 of the Astor Subdivision, prior to the issuance of a Certificate of Occupancy for the new residence. The owner shall sign a sidewalk, curb, and gutter agreement prior to the execution and recording of the Final Plat. D. The right-of-way width to be granted by the owner shall be acceptable to the City Engineer and indicated on the Final Plat. E. The name of the subdivision shall be the Astor Subdivision, First Amended Plat. F. The Final Plat shall include a note specifying that the minimum lot area of Lot 1, Lot 2 and Lot 3 have been varied pursuant to Section 24-7-903 (B) (4). The total lot area of all lots within the subdivision exceeds the minimum lot area requirements for the zone district for duplex lots. G. The owner shall pay their fair share of paving and improving the access easement with all lots which use this easement. H. The electric utilily line located in the proposed Lot 1 building envelope shall be relocated and placed underground at the expense of the Lot 1 property owner. I. The Astor subdivision shall be restricted from further subdivision which results in no more than four lots. J. All material representations made by the owner in the application and during public meetings with the Planning and Zoning Commission and City Council shall be considered conditions of approval, unless amended by other conditions. 5. Vesting of Rights. The rights granted by the approved site specific En development plan shall remain vested for three (3) years from the date of final adoption of Ordinance 4-94. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified therein or in the Municipal Code shall also result in the forfeiture of said vested rights. The approval granted shall be subject to all rights of referendum and judicial review. Nothing in the approvals provided by Ordinance 4-94 shall exempt the site specific development plan from subsequent reviews and/or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approval granted and vested herein. 371569 B-754 P-399 06/28/94 03:45P PG 3 OF The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all properties subject to land use regulation by the City of Aspen, including but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. 6. Notices. Notices to the parties shall be sent by United States certified mail u to the addresses set forth below or to any other address which the parties may substitute ;2 in writing. y -0 To the Owner: (Il C.L. Astor & Co., a Partnership 4 c/o Mrs. Carla Billings w 2727 DeAnza Road, Shore Drive #33 4 San Diego, CA 92109 To the City of Aspen: City Manager 130 South Galena Street Aspen, Colorado 81611 /.J with a copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 7. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 8. Amendment. This agreement may be altered or amended only by written instrument executed by the parties. 9. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Attest: THE CITY OF ASPEN, a municipal corporation %01104 xx KATHRYN~ tÂ°QU ---- JOHN BENNETT P-400 06/ 8/94 03: PG 4 OF 5 Approved as to form: C-ki f Q /rtixtba City,{(07nff w 01 -,/ gl BY: ~4224,* -0 Carla Billtngs, General Partner U C.L. Astor & Co., a Partnership T Ln STATE OF COLORADO } } SS. COUNTY OF PITKIN } Acknowledged before me on this 75â‚¬ day of L,#>07(-6, , 1994 by John Bennett, Mayor, and Katherine M.' koch, City Clerk. O t.0 0 My Commission expires: My Commlielon Â®(pir- 9/27/96 Witness my hand and official seal. C 4. D -11 [.4 /1 1 C--An'Mt/P) )19 blvib 1'1 Aft,LL Q Nd~ary Public < - .- " f) in Acknowledged before me this g ( day of JU Â¥0-- '46<(j' ,*1994 by Carla Billings, General Partner for C.L. Astor & Co,. -11 O ln My Commission expires: MÂ»f (31 /1 11 Witness my hand and official seal. 4*20. Â»-1 2:3~/A KAREN A.MAGUIRE : 52Â·Â«1,~SA NoÂ·rurÂ¥ pusucâ‚¬Al!0OAmA F. th#at#J CO-SSIOW NUMBER 994849 \252,0,7/P-PAL OFACE IN @AN DIEGO COUCY fT'-'1/' 11Â¥ COMâ€¢19GtoN EXP. 11*Y 1 1. i *92 2 P-401 06/ 22-1 4Â» 1-\-- E I I < OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR AN EMPLOYEE DWELLING UNIT THIS AGREEMENT is made and entered into this 1 0 day of October, 1995, by Bass/Cahn Properties (hereinafter referred to as "Owner"), whose address is 985 King Street, located in the County of Pitkin, and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority"). WITNESSETH WHEREAS, Owner owns real property more specifically described as Lot 2, Astor Subdivision, according to the 1 st Amended Plat recorded on June of 1994, in Book 34, Page 86 (hereinafter referred to as "Real Property"), which Real Property shall contain a duplex unit with ont unit consisting of a one bedroom, 482 net liveable square foot unit (hereinafter "Employee Dwelling Unit"). For purposes of this Agreement, the Employee Dwelling Unit, the Real Property, and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Properly", and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Employee Dwelling Unit to employees and their families who are employed in Pitkin County and meet the qualification guidelines established and indexed by the Authority on an annual basis. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. Owner hereby covenants that the Employee Dwelling Unit described above shall at all times remain a rental unit and shall not be condominiumized. 2. The use and occupancy of the Employee Dwelling Unit shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis. Owner shall have the right to lease the Employee Dwelling Unit to a "qualified employee" of his own selection. Such individual may be an employee of the Owner, provided such person(s) fulfills the requirements of a qualified employee. 3. The Employee Dwelling Unit shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shail mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children) nor shall the Employee Dwelling Unit be used a guest house or guest facility. 4. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Unit shall be completed and filed with the Authority by the Owner of the Employee Dwelling Unit prior to occupancy thereof, and such verification must be acceptable to the Authority. 5. The Employee Dwelling Unit shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Unit, the Owner is granted ninety (90) days in which to locate a qualified employee. If no employee is placed by the Owner, the Authority may rent the Employee Dwelling Unit to a qualified employee. 388001 8-801 P-605 12/06/95 10:04A PG 1 OF 3 REC DOC 146 SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 16.00 388001 B-801 P 000 12/06/45 10:04A PG 2 OF; 6. The maximum rental rate shall not exceed the Category #2 rental rate as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the unit on the date of execution of this deed restriction is $676. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment only, and not maximum income or asset limitations. 7. Lease agreements executed for occupancy of the Employee Dwelling Unit shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employee(s) for the Employee Dwelling Unit. 8. This Agreement may be removed by the Owner with the approval of the Pitkin County Board of County Commissioners, subject to the requirement that the Employee Dwelling Unit is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a "dwelling unit" as defined in the Pitkin County Land Use Code and must meet otherwise applicable code requirements. 9. Unless modified as stated above, this Agreement shall constitute covenants running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Authority, the Board of County Commissioners of the County of Pitkin, Colorado, and their respective successors, as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. 10. This Agreement further guarantees compliance of Ordinance No. 45, Series of 1995. IN WITNESS HEREOF, the parties hereto have executed this instrument on this date and year above first written, OWNERS: t f A k-%442 Howard 86&6-/61..,/ STATE OF (10 { 0 001 ALD , couNTY f Â£ /6 4 ) ss ) / The fpregoing instrument was acknowledged before me this 26 day of October, 1995, by Howe U /3.9 9/ WITNESS MY hand and official seal. AI~$'"1'*My Commission expires: 8,36 -97 Date A LU 1 1. pbi:/2, A IR-&%(I~ 0. QEY)~~~ Notary Public OU r 2 ..5- .6.FIES, ACCEPTANCE BY THE HOUSING AUTHORITY The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By:-11~. ~--. Elizabeth Knzmanich, Chairperson Mailing Address: Executive Director Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen, CO 81611 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 6 A- The foregoing instrument was acknowledged before me this L day of ,A)/ UeÂ»k#*,1995, by Elizabeth Krizmanich. WITNESS MY hand and official seal. My Commission expires: 1 03 (14 Date e O... Â¢1 *f .....9% ( CINDY "& t. CHRISTENSEN f 14bterf'Public ~ ,/O Â¢ OF COLO iwor'Iddr\985king edu 388001 8-801 0-607 12/06/95 10:04A PG 3 OF 3 3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander - 970.429.2739 DATE: 01.25.11 PROJECT: 985 King Street, Subdivision Amendment APPUCANT Lany Lawrence REPRESENTATIVE: Peter Fomell- 970.379.3434 TYPE OF APPLICATION: Subdivision, Other Amendment DESCRIPTION: The prospective Applicant would like to amend the Astor Subdivision to allow the use of the City's Certificate of Affordable Housing Credit program. As it existsl the Astor Subdivision consists of four lots, each with an approved plan for employee housing mitigation. Lot 1, was required through a 1994 Subdivision Agreement to deed restrict a Category 1 affordable housing unit to the Aspen Pitkin County Housing Authority (APCHA). Lots 2, 3, and 4 (all duplexes) are required to have 50% of the dwelling units deed restricted. Lots 2,3, and 4 were approved at an earlier date with a Subdivision Agreement signed in 1980. The language for these three duplexes is less dear than the 1994 approval, but it is clear to the point that half of the duplex units shall be "used and occupied solely by low, moderate and middle incorne individuals as defined by Housing Income-Eligibility Guidelines established by the City Council...". Staff recommends that the Applicant (representing Lot 2) speak with APCHA to confirm the exact deed restriction of these duplex units. If approved, the Applicant will likely have to purchase Affordable Housing Credits to mitigate for the free-market portion of the existing duplex. Upon an initial inspection, the free-market portion is approximately 3,450 sq. ft. of floor area, which would equate to 1.15 full-time equivalents (FTEs). Upon submission of the Land Use Application, the Applicant shall have final calculation of floor area for the free-market component, completed by a licensed architect. The Applicant will need to submit a Land Use Application requesting an Amendment to the Subdivision Development Order. This type of amendment, being that it does not meet the /nsubstantia/ amendment criteria, would be a Substantial (or Other) amendment and reviewed by City Council. Public noticing is required. A referral fee will be assessed for an APCHA review. Below are the book and page numbers of the subdivision agreements and plats relevant to the Astor Subdivision. â€¢ Amended Subdivision Agreement, 1994 - Book 754, Page 397 â€¢ City Coundl Approval for Lot 1 Affordable Housing Plan, 1994 - Book 747, Page 185 â€¢ 1994, First Amended Plat of Astor Subdivision - Book 34, Page 86 â€¢ Astor Subdivision Agreement, 1980 - Book 388, Page 852 â€¢ Original Astor Subdivision Plat, 1980 - Book 9, Page 67 Below are links to the Land Use Application form and Land Use Code for your convenience. Land Use Application Form: http:/Mwm.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures RECEIVED 26.480 Subdivision 26.480.080 Amendment to subdivision development order FEB 1 9 2011 26.540 Certificate of Affordable Housing Credit CITY OF AbPEN Review by: - Planning Staff for compliance/completeness COMMUNITY DEVELOPMENT - City Council for approval Public Hearing: Required Planning Fees: $1,470.00 Deposit for 6 hours of staff time. Additional staff time required is billed at $245/hour Referral Fees: Housing Referral - $212 (minor review) Total Deposit: $1,682.00 Total Number of Application Copies: Ten (10) To apply, submit the following information: 1~ 1. Total Deposit for review of application. 2 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. il~t, oâ€¢~~. Street addressandlegal description oftheparcel on which developmentis proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. >~4. Completed Land Use Application. 4-- 5. Signed fee agreement. ~ 46. Pre-application Conference Summary. ~ 7. An 81/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 18. Proof of ownership. 9. Proposed amended subdivision plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 1 -- ROD DYER - ARCHITECT Â«7 8 2.Â« P.O. BOX 4131 /2/0 0.(-1 ,-, L'...1- (/1/3 \ 1 i :4 1.J-- A v. 4 7 6 ASPEN, COLORADO 81612 / 1 11 1 970-379-3519 \03 dyerarch@amail.com < r-7 --/ -7 ra~ ':- 'Â·1 ~ 7-4 i f.3 1 Â» 03 1 February 9, 2011 h .dj / I ' Zoning Officer Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: 985 King Street The following calculations are based on plans and elevations dated 10-3-95 filed with the City Building Department for the above referenced project address and section 26.575.020 of the City of Aspen Land Use Code. 1. GENERAL: Upper Level: Total upper level area equals 1,539.8 s.f. minus stairway and 'Open to Below' area totaling 111 s.f. leaving a net total area of 1428.8 s.f. Grade Level: Excluding Garage area of 409.5 s.f. the net total area is 1,862.1 s.f. 2. DECKS: Based on an Allowable Floor Area of 3,990.5 s.f. x 15% the allowable deck area is 598 s.f. The actual deck area is 438 s.f. therefor, existing decks do not contribute to FAR. 3. GARAGE: The existing Garage measures 409.5 s.f. and is exempt from FAR calculation. 4. SUB-GRADE AREAS: The total area of the Basement is 1,719.5 s.f., minus 975 s.f. for the ADU leaving 744 s.f. toward calculation of FAR. Exposed area of the sub grade level is 22%, therefore; 744 s.f. x .22 = 163.7 s.f. net below grade FAR area. TOTAL EXISTING FAR = 3,454.6 s.f. UPPER LEVEL: 1,428.8 s.f. GRADE LEVEL: 1,862.1 s.f. LOWER LEVEL: 163.7 s.f. TOTAL FAR: 3,454.6 s.f. Note: See attached plans for calculated areas. If you have any questions concerning these calculations, please do not hesitate to call. Thank you for your consideratione Rod Dyer Rod Dyer - Architect .. j \.lf '.1 + s 1 -t) 2 64 -fj~.c~ 1 / t- Fli c 1Â«PloÂ·~ f t d.-7-/ oÂ«~'CUVV# l>'Urt- co- 0.-4.0/ E U F d -4 A k k t 1 7 , r/-01 1. 1 4*F , c 0 4~'-1*-+43-v1 on 4 k Â« (4- diy / A '0 / 2 1/.-/ t/ff 047.-15 'A,k 1,7/. 27,1/f Â»1 i /05'44-1 r O <-2 V=.JJ- f 113 oi < A(- 41 41.,-4- If C h i 4 :; 6 6 -1.#L)- ~v e v c 1, 5 1 1/ \ k-%/ 2 LÂ« 7 4/f A_Â»_A-/-- - -C i Ele<- fabvi_Â« i I Â£_< oi M :of i ouj 444 Pc /1 :p-eÂ« ; co 9260 1 9 10 3 99Â· 3434 p,Â·fe~.a~ ~Â©cowÂ·~c~>1-~ nj-- 1 11 !1 PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: January 27, 2011 at 9:00 AM Case No. PCT23084P 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: THE LARRY S. LAWRENCE AND MARA B. LAWRENCE FAMILY TRUST DATED NOVEMBER 3,2000 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 2, FIRST AMENDED PLAT, ASTOR SUBDIVISION, according to the Map thereof recorded June 28, 1994 in Plat Book 34 at Page 86. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: 11 - .4 CL.- / 7 fr7~-*4*N L\, SCHEDULE B - SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE SCHEDULE B SECTION 2 EXCEPTIONS 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, 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. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded August 29, 1958 in Book 185 at Page 69. 8. Covenants as set forth in instrument recorded May 14, 1980 in Book 388 at Page 850, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 9. Subdivision Agreement recorded May 14, 1980 in Book 388 at Page 852, and Amended Agreement recorded June 28,1994 in Book 754 at Page 397. 10. Easements, rights of way and all matters as disclosed on Plats of subject property recorded May 14, 1980 in Plat Book 9at Page 67 and recorded June 28,1995 in Plat Book 34 at Page 86. 11. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 4, Series of 1994 by City of Aspen recorded April 11, 1994 in Book 747 at Page 185. 12. Terms, conditions, provisions and obligations as set forth in Sidewalk, Curb and Gutter Improvement Agreement recorded June 28,1994 in Book 754 at Page 402. 13, Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded July 6,1994 in Book 754 at Page 878. 14. Restrictive covenant as set forth in Deed recorded July 26,1995 in Book 788 at Page 204, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction and Agreement for an Employee Dwelling Unit, recorded December 6,1995 in Book 801 at Page 605. 16. Lis Pendens affecting subject property was recorded January 31, 2008 as Reception No. 546253, entitled Aspen/Pitkin County Housing Authority, plaintiff VS Larry S. Lawrence and Mara B. Lawrence, Trustees of the Larry S. Lawrence and Mara B. Lawrence Family Trust dated November 3,2000, defendants. ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: LcuÂ» I LG-Lk,)~ f v-4 -RL Location: 3 0-6 /<5~ 179 64 f->p>zi- C--CD (Indicate street address, 102 & block number, legal description where appropriate) Parcel ID#(REQUIRED) 0)33-07-Â£-1 -53 002 AÂ«-4 ~ =u der<q ~Â© :1 APPLICANT: Name: /1Â©47 2=urpace Address: 9, 5 2/ Ar St Phone #: 93-5- FE 39 REPRESENTATIVE: Name: <Re* i- Fqi r~â‚¬ b 1 Address: qÂ°O AN,Alaw; Grf. B Phone #: 3 14Â· 3434 TYPE OF APPLICATION: (please check'all that apply): GMQS Exemption Â£ Conceptual PUD El Temporary Use GMQS Allotment ~1 Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greentine, Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split ~1 Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment ~21~ Other: U Conditional Use EXISTING CONDITIONS: (description ofexisting buildi~s, uses, previous approvals, etc.) a AN e. ifÂ«4 cun e PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Ce.4-re-i /-f) C) i,Â·71 c - ti ce -4 f _g lave you attached the following? FEES DUE: $ //Ot.1 3 Pre-Application Conference Summary 3 Attachment #1, Signed Fee Agreement 21 Response to Attachment #3, Dimensional Requirements Form J Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an lectronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. El El El n CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Lio-re-' 1-n A , e.,AAC .-- ~lip( Falh~ <~ (hereinafter APPLICANT) AGREE AS FOLLOWS. / 1. APPLICANT has submitted to CITY an gpplicatiÂ°Tfor 9 85 KI a R S\- _5 utda--2, 6% /4-e,Â·C!/h Â¢RT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT' S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Presefvation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a de~mination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~/4-%1 5, which is for ((~> hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT A 49.4 By: By: -i, ' -7 Chris Bendon Community Development Director Date: 44 ~ i 1 Billing Addresseand Teleph~le Number: 4/03 f'0\410,Â«0 I nrkt iJpt- , C..O 9 * 39-9- 91 3 4 ....'...................'./. I. .. .,452#<:*;+ I #B63>665565)2665. -p -' --vife:flibÂ»;4;y.5I~~+'it~~~~~53 37): , : 9 . I Â·4 . *+ I .- *Ill ... + 1 +IIi Ill . ; 1 , *EkÂ«**Â»23Â«4.:92:....9-3-f It' T-lft : 4 , . ..2 - 2 1 :1>: hE Fâ‚¬ i : Â·?:A 16 1 .. ..1 - A i. % 01.. 6: ..#5*9.Ij : , glg'Â« Q 4e Â¥ 7. 1 , /Â«.4 ,/. 4/ 3 e =/ 1 1 9%1.------ 4,414 4*42,2 4 Â»/ ./ 1 / *1 . 889 6/4 @r 4, 44-16 + / 43 A : /1 Â¥r- : 1. " .... QI - 2 Â· I . . 44, f.9 - 0 * ../f. Itf 4 +304 U 1 r . . i ' ..43 . I. iL I -Â» u 1 Â¥ay '.:.: 2 21. 6' : .1. l, ..,0 * 1 ..+49E1 liR I .., I f L 1 1 . i. . 1 2 k ... 5%' /'-- , 66:+*:.r ; . U 11...'I.L... 1 z. ... .. 1 Sec. 26.304.010. General. This Chapter sets out the common procedures for review of all development applications, unless otherwise specifically stated. Generally, all proposed development shall be subject to the following six (6) step approval process. (1) A pre-application conference between the applicant and a staff member ofthe Community Development Department; (2) Submission of the development application and fees by the applicant; (3) Determination of completeness and review of the development application by the Community Development Director; (4) Review of the development application by the relevant decision-making body; (5) Receipt of a development order or certificate of zoning compliance; and (6) Receipt of a building permit. Sec. 26.304.020. Pre-application conference. A. General. Prior to the formal filing of a development application, unless waived by the Community Development Director, the applicant shall confer with a member of the staff of the Community Development Department to obtain information and guidance regarding the format and processing of the development application. The purpose of such a conference is to permit the applicant and the Community Development Department staffto review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the submission of an application. The Community Development Director may decide as part of the pre-application process to hold pre-application work sessions with decision-making bodies if it is determined that such work sessions would provide the Community Development Completed with Drew Alexander City of Aspen Land Use Code Part 300, Page 3 4 4 Department or the applicant with additional information or guidance necessary to the preparation or processing of an application for development. B. Issues of discussion. Issues that may be discussed at the pre-application conference may include, but are not limited to, the following: 1. Proposed development. The applicant should describe the general nature of the proposed development including, if applicable, proposed land uses and their densities; proposed placement o f buildings, structures and other improvements; character and location of common open space or treatment o f public uses; preservation o f natural features; preservation of properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; protection of environmentally sensitive areas; proposed off-street parking and internal traffic circulation and total ground coverage ofpaved areas and structures. Located within application 1. Review procedure. The Community Development Department staffmember shall identify procedural review requirements for the proposed development and applicable review standards and terms o f this Title that apply to the review o f the proposed development. This should include identifying those stages ofthe common review procedure which apply, which decision-making body or bodies will review the development application and the approximate length of the development review procedure. 1. Referral agencies. The Community Development Department staff member shall identify the City, State and Federal agencies that are required to review the proposed development, provide the applicant with persons at these agencies to contact about review procedures and generally describe the information which will be needed to satisfy the concerns of the relevant City, State and Federal agencies. 1. Application contents. The Community Development Department staffmember shall establish the contents of the development application required to be submitted for the proposed development. This should include descriptions of the types of reports and drawings required, the general form which the development application should take and the information which should be contained within the application. 1. Application copies and fee. The Community Development Department staffmember shall identify the number of copies of the development application that are required to be submitted for the proposed development, along with the amount of the fee needed to defray the cost of processing the application and an estimate o f the number of hours of staff review time associated with the fee. 1. Written summary. Following the conclusion of the conference, the applicant shall be presented with a written summary of the meeting. One (1) copy ofthis written summary should be submitted back to the Community Development Department at the time of submission of the development application. (Ord. No. 1-2002, Â§ 5 [part]) City of Aspen Land Use Code Part 300, Page 4 Sec. 26.304.030. Application and fees. A. General. The requisite number of copies of the development applications shall be submitted to the Community Development Director containing all of the information and materials specified by the applicable sections of this Title and such additional information or materials identified in the preapplication conference. The development application shall be accompanied by the applicable fee. (See Chapter 2.12 for schedule of fees.) B. Application. At a minimum, all development applications shall include the following information and materials. 1. Contained within a letter signed by the applicant, the applicant's name, address and telephone number and the name, address and telephone number of any representative authorized to act on behalf of the applicant. The street address, legal description and parcel identification number of the property proposed for development. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application. An 816" x 11" vicinity map locating the subject parcel within the City ofAspen. A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. A site improvement survey certified by a registered land surveyor, licensed in the state, showing the current status of the parcel including the current topography and vegetation. (This requirement or any part thereof may be waived by the Community Development Director ifthe project is determined not to warrant a survey document.) A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. Additional materials, documentation or reports as deemed necessary by the Community Development Director. Completed within application C. Building model. The Planning Director may require the applicant to prepare an accurate three (3) dimensional massing model, built to scale, that depicts the proposed development, any existing buildings on the site that will remain following the proposed development and topography on the site, with a contour interval of not less than two (2) feet. Conditions that would cause the Planning Director to require the model to be prepared include, but are not limited to, a finding that the project is a City of Aspen Land Use Code Part 300, Page 5 complex development, is a project of great public significance or involves a site that has unique topography or sensitive natural or man-made features or is highly visible. 1. Before preparing the model, the applicant shall confer with the Planning Director to determine whether the model should also show topography and existing buildings on properties adjacent to the subject property, to provide a neighborhood context for the proposed development. 2. The applicant shall provide the model for inspection by the Planning Director no less than one (1) week prior to the initial meeting at which the application will be reviewed by a decision making body so the Director may confirm the accuracy and completeness ofthe model. 3. Following conclusion of the review ofthe project, the applicant shall submit photographs of the model so documentation of the appearance o f the model can be part of the record of the application. D. Consolidation of applications. If an applicant has requested the consolidation of development applications, the Community Development Director may waive any overlapping application submission requirements in the consolidated development application. (See Subsection 26.304.060.B, Modification ofreview procedures). E. Copyrighted materials. The City will not accept for development application or recordation purposes any materials to which copyright applications have been made unless the applicant shall waive all claims and indemnify the City. Any person submitting a development application shall consent that any document submitted to the City a part of the development application may be utilized by the City in any manner deemed necessary, including recording at the county clerk and recorder, to preserve the representations made during the development review process. F. No multiple applications. The City shall not accept or review more than one (1) development application concurrently on any one (1) property or portion of a property. To submit a new application on a property, any active development application must be vacated. (Ord. No. 56-2000, Â§ 16; Ord. No. 40-2003, Â§ 1) Sec. 26.304.040. Initiation of application for development order. An application for a development order may only be initiated by (1) a person or persons owning more than fifty percent (50%) of the property subject to the development application and proposed development; (2) the City Council or the Planning and Zoning Commission for the purpose of amending the text of this Chapter or the Official Zone District Map (Chapter 26.310) or to designate a Specially Planned Area (SPA) (Chapter 26.440) and (3) the City Council, Planning and Zoning Commission or Historic Preservation Commission for the purpose of designating an H, Historic Overlay District or designating a property on the Aspen Inventory of Historic Landmark Sites and Structures. (Ord. No. 1-2002, Â§ 5 [part]) City of Aspen Land Use Code Part 300, Page 6 Sec. 26.304.050. Determination of completeness and review by the Community Development Director. A. Determination of completeness. After a development application has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application until the deficiencies are remedied. I f the application is determined to be complete, the Community Development Director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Title and it shall not preclude a request for additional information or materials in the future to complete the review of the development application. Upon a determination of completeness, the applicant may be asked to submit additional copies of relevant documents as requested. B. Review and recommendation by Community Development Director. 1. Comments on application from City staff. When the development application is determined complete by the Community Development Director, copies shall be distributed to appropriate City staff persons, departments and referral agencies. Any comments from the department of community development and other referral agencies shall be returned to the Community Development Director prior to submitting a recommendation to the applicable decision-making body. 2. Report and recommendation. The Community Development Director shall compile all comments and recommendations from appropriate City staff persons, departments and referral agencies and shall make a written report and recommendation to the appropriate decision-making body on the development application. The written report and recommendation shall state whether the application conforms to the review standards pertaining to the relevant development approval sought and whether it should be continued, approved, approved with conditions or disapproved. The Community Development Director shall attach any referral agency comments to the report and recommendation. C. Setting the hearing. The Community Development Director shall establish a place and time certain for the hearing, if required, on the development application, pursuant to the requirements of this Title. If the hearing is a public hearing required to be noticed, the applicant or the Community Development Director shall cause public notice to be given pursuant to the procedure and requirements established in Subsection 26.304.060.E. City of Aspen Land Use Code Part 300, Page 7 Sec. 26.304.060. Review of a development application by decision-making bodies. A. Review procedures and standards. Specific development review procedures and standards for different types of development applications are set forth in the relevant chapters of this Title. They include the following: . 1 Permitted Uses: Chapter 26.404 Variances: Chapter 26.314 Residential Design Standards: Chapter 26.410 Development involving the Aspen Inventory of Historic Landmark Sites and Structures or in an H, Historic Overlay District:Chapter 26.415 Conditional Uses: Chapter 26.425 Special Review: Chapter 26.430 Development in Environmentally Sensitive Areas: Chapter 26.435 Specially Planned Areas (SPA): Chapter 26.440 Planned Unit Developments (PUD): Chapter 26.445 Temporary Uses: Chapter 26.450 Growth Management Quota System (GMQS): Chapter 26.470 Subdivision: Chapter 26.480 Amendments to Text and Zone District Map: Chapter 26.310 B. Modification of review procedures. 1. Combined reviews. The procedures for reviewing development plans and applications where more than one (1) development approval is being sought simultaneously may be combined or modified whenever the Community Development Director determines, in consultation with the applicant, that such combination or modification would eliminate or reduce duplication and ensure economy of time, expense and clarity; provided, however, that all public noticing normally associated with the subject development application(s) is maintained and that a thorough and full review of the application and proposed development as otherwise required by this Title is achieved. Sketch plan review. If the Community Development Director, in consultation with the applicant, determines that a proposed development application may be complex, have the potential for significant community interest, involves a public facility or the proposed project would benefit from additional community input, the Community Development Director may schedule a joint meeting with the City Council and either the planning and zoning commission, the historic preservation commission or both, for a sketch plan review. A sketch plan review may be held either before or after an application is submitted and determined to be sufficiently complete by the director of the Community Development Department. If it is scheduled after an application is determined complete by the Community Development Director, the sketch plan review meeting shall be conducted prior to any other land use review proceeding required by this Code. A sketch plan review meeting shall be noticed by publication, mailing and posting (See Subsection 26.304.060[E] Paragraph [3]) and the joint meeting shall be conducted as a public meeting. The minutes of the joint meeting shall become part o f the formal record of City of Aspen Land Use Code Part 300, Page 8 the proceedings before the City Council and the decision-making body which has been invited to attend the joint meeting with the City Council. A quorum of the City Council shall not be required to conduct a sketch plan review hearing. The Community Development Director may invite particular members of the public (stakeholders) to attend and participate in the sketch plan review hearing. At the conclusion o f the public meeting, the members o f the City Council, decision-making body invited to attend the joint meeting and stakeholders (if invited to attend) may offer the applicant advisory suggestions regarding the proposed application, but shall not make any decisions regarding the application for development. Applicants shall not be entitled to rely upon any decisions, comments or suggestions made by the members of the joint public meeting as no attempt shall be made to approve a development proposal even on a conceptual level at a sketch plan review. 1. Development determined to be reasonably necessary for the public convenience or welfare of the public. If the Community Development Director, in consultation with the applicant, determines that a proposed development may be eligible for consideration as a development that is reasonably necessary for the convenience or welfare of the public in accordance with Section 26.500.040, the Community Development Director shall cause the application to proceed in accordance with Section 26.500.050 above. 2. C. General hearing procedures. The following general procedures shall apply to the conduct of all hearings regarding the review of a development application by decision-making bodies. 3. Oath or affirmation. The chairperson of the decision-making body or the Mayor may require that testimony and evidence shall be given under oath or by affirmation to the body conducting the hearing. Rights of all persons. Any person may appear at a public hearing and submit evidence either individually or as a representative of another person or an organization. The chairperson of the decision-making body or the Mayor may require anyone representing another person or an organization to present written evidence of their authority to speak on behalf of the person or the organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified and, if appearing on behalf of another person or an organization, state the name and mailing address of the person or the organization. Due order of proceedings. The decision-making body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. The order of proceedings shall be as follows: 4. a. The Community Development Director shall present a narrative and/or graphic description of the development application. b. The Community Development Director shall present a written and oral recommendation. This recommendation shall address each factor required to be considered by this Title and the Aspen Area Community Plan prior to development approval and shall be made available City of Aspen Land Use Code Part 300, Page 9 to the applicant and to the decision-making body at least two (2) working days prior to the hearing. c. The applicant shall have the burden to demonstrate that the application and proposed development comply with all applicable provisions ofthis Title and the Community Plan and to present all information deemed necessary and appropriate to evaluate the development proposal. The applicant must also demonstrate, through an affidavit, that all required public notice regarding the application review process was timely given in accordance with this Title. d. The Community Development Director may respond to any statement made by the applicant or any public comment. e. The applicant may respond to any testimony or evidence presented by the Community Development Director or public. 1. Testimony. In the event any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer shall be made prior to the conclusion of the hearing. Continuance of hearing. The decision-making body conducting the hearing may, on its own motion or at the request of any person, continue the hearing to a fixed date, time and place. Assuming valid notice was properly given in the first instance, no second or new notice shall be required where a hearing is continued. An applicant shall have the right to request and be granted one (1) continuance; however, all subsequent continuances shall be granted at the discretion of the decision-making body conducting the hearing, only upon good cause shown. Where a public hearing has been adjourned, the hearing may only be reconvened upon the giving of all notice(s) as would be required for an initial public hearing. Other rules to govern. Other matters pertaining to the public hearing shall be governed by other provisions of this Code, applicable to the decision-making body conducting the hearing and its adopted rules of procedure, so long as the same are not in conflict with this Title. The City's decision- making bodies may adopt rules o f procedure to limit the number o f development applications which may be considered at a hearing. 7. Record. 2. A. Records of hearing. All hearings shall be recorded by audio tape or other similar recording device. A copy of the audio tape of a hearing shall be provided upon the request of any person and the payment of a fee covering the reasonable cost thereof. 3. b. Record. The transcript of oral proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all applications, exhibits and papers submitted in any proceeding before the decision-making body, the report and recommendation of the City o f Aspen Land Use Code Part 300, Page 10 Community Development Director and the decision and report of the decision-making body shall constitute the record. D. Actions by decision-making bodies. All decision-making bodies shall act in accord with the time limits established in this Title. Action shall be taken as promptly as possible in consideration of the interests of the citizens of the City. Depending upon which decision-making body has final approval authority over a given development application, a site specific development plan may only be approved by written resolution of the planning and zoning commission or historic preservation commission or by ordinance adopted by the City Council. Any land use approval which places any burden upon or limits the use of private property shall be by ordinance. All resolutions and ordinances granting final approval for a site-specific development plan shall: 1. Be preceded by a public hearing following public notice by publication (See Subparagraph 26.304.060.E.3.a, below); and Include the following provisions: a. The rights granted by the approval of this site-specific development plan shall remain vested for a period of three (3) years from the effective date of the approved development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by this Code within one-hundred- eighty (180) days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). b. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Subsection 26.304.070.A of this Chapter. c. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. d. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City provided that such reviews and approvals are not inconsistent with this approval. e. The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the City. City of Aspen Land Use Code Part 300, Page 11 E. Public notice. 1. General. Whenever a notice of a public hearing is required, notice shall be provided to the public, pursuant to the terms of this Section. We will complete anv required notice 1. Content of notice. Every notice shall include the name and address of the applicant, the type of development application sought, date, time and place of the hearing, the address and legal description ofthe subject property if applicable, a summary of the development application under consideration and identification of the decision-making body conducting the hearing and such other information as may be required to fully apprise the public of the nature of the application. 1. Manner of notice. Every notice shall be given in one (1) or more of the following manners, as specified in this Title for each type of development: a. Publication of notice. Publication of notice shall be provided by the applicant or the Community Development Department at least fifteen (15) days prior to the public hearing through publication in the legal notice section of an official paper or a paper of general circulation in the City. b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy ofthe form from the Community Development Department. The notice shall be posted at least fifteen (15) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high and shall be composed of letters not less than one (1) inch in height. c. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the Community Development Department. The mailing shall contain that information described in Paragraph E.2 above. At least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail or hand delivered, to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses o f property owners shall be those on the current tax records o f Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. d. Rezoning or text amendment. Whenever the Official Zoning District Map is in any way to be changed or amended incidental to or as part o f a general revision of this Title or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation or otherwise, the requirement of an accurate survey map or other sufficient legal description o f and the notice to and listing o f names and addresses o f owners o f real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. City of Aspen Land Use Code Part 300, Page 12 e. Notice to mineral estate owner. An applicant for surface development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that notice has been provided to the mineral estate owner. F. Re-submittal of a previously denied application. After a final decision that results in the denial of a development application by the appropriate final approving body, an applicant wishing to resubmit the same plan for approval: 1. May not submit the same development application or one (1) substantially the same, as determined by the Community Development Director, for a period of one (1) year from the date of the most recent ruling of denial; or 1. May submit a revised application that adequately addresses all of the stated reasons for denial. The Community Development Director shall determine whether a) a new submittal adequately addresses all of the stated reasons for denial and can proceed with a submittal; or, b) a new submittal is sufficiently enough altered from the project denied that it qualifies as a new application for a different project. In either scenario, such application shall be treated as a new application for purposes of review and scheduling. (Ord. No. 7-2000, Â§2; Ord. No. 1-2002, Â§5 [part]; Ord. No. 9-2002, Â§4; Ord. No. 52-2003, Â§3) Sec. 26.304.070. Development orders. A. Publication of development approval. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Title, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City, a notice advising the general public ofthe approval of a site-specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to the Land Use Code of the City and Title 24, Article 68, C.R.S., pertaining to the following described property: [parcel address and legal description], by [ordinance or resolution-] of the [City Council or other appropriate decision-making body], numbered: [enter ordinance or resolution number]. B. Development order-issuance. Following the publication of the published notice as set forth at Paragraph A above, the Community Development Director shall issue a written development order which shall contain, at a minimum, the following information: City of Aspen Land Use Code Part 300, Page 13 1. The property owner's name, mailing address and telephone number. 1. The street address and legal description of the parcel. -1-12Â£itten description of the site-specific plan. Identification of the land use approvals received and the date of such approvals. A copy of the ordinance(s) or resolution(s) shall be attached. ,1;Re=-effective date of the development order. A notice disclosing to the applicant the expiration date of the development order and the availability of a procedure for seeking an extension of the development order pursuant to Subsection 26.308.010.C. Complete within application C. Effective date of the development order. The effective date of a development order including one (1) which authorizes allotments under the growth management quota system pursuant to Chapter 26.470, shall be the date ofpublication ofthe notice ofthe approval of the site specific development plan as set forth at Subsection A above. D. Expiration of development order. The development order shall not expire but shall be subject to any amendments to the Land Use Code, that have been adopted since the development was approved, after the period of vested rights has expired. Vested property rights, including allotments received pursuant to Chapter 26.470, shall expire on the day after the third (3rd) anniversary of the effective date of the development order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075 below, or unless an exemption or extension of the approval is granted by the City Council pursuant to Section 26.308. Once a complete building permit application submittal has been accepted, the development order shall remain valid subject to applicable limitations of the International Building Code, the International Residential Code and adopted policies o f the Chief Building O fficial; regarding the timely pursuit and execution of a building permit. In no case shall a development order be valid more than ten (10) years. (Ord. No 4-2010, Â§1) E. Revocation of development order. The approval of a site-specific development plan and subsequent issuance of a development order may be made with or without conditions. Failure to fully abide by the terms of any of the conditions of approval may result in the revocation of the development order and all associated vested property rights in accordance with Subsection 26.308.010.E. F. Abandonment of application. If an applicant fails to pursue the approval of a site-specific development plan in a timely fashion after filing an application for same, the application shall be considered abandoned. For purposes o f this Subsection, failure to pursue the approval of a site- specific development plan in a timely fashion shall mean a failure on the part of the applicant to take any action with the Community Development Department in furtherance of the application for a period of at least one year. An abandoned application shall render all previously issued land use approvals, which do not constitute the approval of a site-specific development plan, void unless the Community Development City of Aspen Land Use Code Part 300, Page 14 Director determines that reinstatement o f the application is in the best interests of the City. (Ord. No. 5-2000, Â§6) Sec. 26.304.075. Building permit. A. Application. 1. Recordation and fees. Prior to the submission of an application for a building permit, all documents reflecting and memorializing final development approval for which a building permit is requested shall be reviewed and approved by the City of Aspen and recorded in the county clerk and recorder's office. Proof of such recording shall accompany the building permit application. Documents reflecting or memorializing final development approval shall include, but not be limited to, a final plat, a resolution or ordinance granting final development approval, a subdivision or other improvements agreement, a development agreement and/or deed restrictions which may be required as a condition of development approval. Prior to the submission of an application for a building permit, all fees associated with a project's land use review shall be paid in full. Unless otherwise determined by the Community Development Director, the Chief Building Official shall not accept building permit applications for which all documents and agreements have not been recorded or land use review fees have not been paid. 2. Contents. An application for a building permit shall be submitted to the Chief Building Official. The application shall include scaled plans, drawings, depictions, studies, and reports sufficient to demonstrate compliance with applicable codes and regulations o f the City o f Aspen, codes and regulations of outside agencies with jurisdiction, and the allowances and limitations ofthe Development Order. The application shall be submitted in a form and manner as prescribed by the Community Development Director, as may be amended from time to time. The application shall be accompanied by the applicable permit review fees, some or all of which may not be refundable upon denial or withdrawal o f the application. Attached to the application shall be a copy of the development order (if applicable) and an improvements survey meeting the standards and requirements of the City Engineer that has been prepared and certified by a registered land surveyor. The improvements survey shall include a site plan which conforms to the requirements set forth at Subsection 13.20.020(b) Paragraph (2) for a tree removal permit. 3. Completion Review and Acceptance. The Chief Building Official shall review the contents of the building permit application for completion in a timely manner. Applications found complete shall be reviewed for compliance with applicable codes and regulations of the City of Aspen, codes and regulations of outside agencies that have jurisdiction, and the allowances and limitations of the Development Order. Applications found incomplete shall be returned to the applicant along with all review fees. Partial or incomplete applications shall not be accepted. Acceptance of a complete application shall not imply compliance or prohibit the Chief Building Official from requesting additional information or amendments to the plans in order to determine or achieve compliance. B. Compliance Review and Issuance. Upon receipt of a completed application, the Chief Building Official shall timely refer copies of same to the Community Development Director and such other City of Aspen Land Use Code Part 300, Page 15 appropriate City staff and/or departments and outside agencies for compliance review. The application shall be evaluated to determine whether the proposed development: 1. Complies with the International Building Code and other applicable construction codes; 1. Complies with the adopted requirements, specifications, and regulations of the City of Aspen and outside agencies with jurisdiction; 3. Complies with zoning requirements and the allowances and limitations of the Development Order, development agreements and land use approvals and entitlements granted by the City, and all conditions thereon. 4. Is subject to review, impact, cash-in-lieu, dedication, permitting or other similar development fees or taxes. The Chief Building Official shall provide to the applicant a summary of such fees to be collected by the City upon issuance of the building permit, or phases thereo f. If the application does not comply with the above enumerated requirements, written notice shall be timely provided to the applicant specifying the deficiencies. No further action shall be taken on the application until all deficiencies are remedied by the applicant. If the applicant does not address the deficiencies within a reasonable timeframe, as determined by the Chief Building Official, the application shall be denied. Upon cure of all deficiencies, the Chief Building Official shall again review the application for compliance, which may again include referring the application to appropriate City or outside agencies. I f the application does comply with the above enumerated requirements, a building permit shall issue upon payment of all applicable City fees and other fees collected by the City on behalf of outside agencies. The Chief Building Official may choose to issue permits for portions or phases of a project in compliance with the allowances and limitations of the International Building Code and the policies of the Community Development Department. (Ord. No 4-2010, Â§2) City of Aspen Land Use Code Part 300, Page 16 Sec. 26.480.010. Purpose. The purpose of this Chapter is to: (a) assist in the orderly and efficient development of the City; (b) ensure the proper distribution of development; (c) encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; (d) improve land records and survey monuments by establishing standards for surveys and plats; (e) coordinate the construction of public facilities with the need for public facilities; (f) safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; (g) acquire and ensure the maintenance of public open spaces and parks; (h) provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluffs, hillsides or similar geologic features or edges of rivers and other bodies of water; and (i) promote the health, safety and general wel fare of the residents of the City. Sec. 26.480.020. Applicability and prohibitions. This Chapter shall apply to the subdivision of all land in the City, unless it is exempted pursuant to Section 26.480.030. A. General prohibitions. 1. It shall be unlawful for any person to develop, lease or sell any parcel of land, including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City until it has been subdivided and a plat recorded in the office of the County Clerk and Recorder pursuant to the terms o f this Chapter. 2. A written agreement to sell or lease an interest in a parcel of land which is expressly conditioned upon full compliance by the seller with this Chapter within a specified period of time and which expressly recites that seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration paid by the buyer, shall not constitute a violation of this Chapter. City of Aspen Land Use Code Part 400, Page 162 B. Development allotment. No development order for a subdivision shall be approved pursuant to the provisions of this Chapter unless the applicant has been awarded a development allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management Quota System. Subdivisions of land zoned Affordable Housing Planned Unit Development (AH-PUD) are exempt from this prohibition. C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired to create or extend a nonconformity or to avoid or circumvent any provision o f this Chapter. D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any part of a lot be joined with a part of any other lot for conveyance or construction, unless the application has been made pursuant to the terms of this Chapter. E. Aspen Townsite lots. If two (2) or more lots within the Original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this title and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or addition thereto includes alllands depicted on the Aspen incorporation plat ofrecord, dated 1880, plus any lot or parcel annexed to the City since that time which constitutes a nonconforming lot of record, plus any lot or parcel which has not received subdivision approval by the City or County, but excludes any subdivided lot in the City which conforms to the requirements o f this Title. (Ord. No. 44-2001, Â§1) Sec. 26.480.030. Exemptions. The following development shall be exempted from the terms of this Chapter: A. General exemptions. 1. Lot line adjustment. An adjustment o f a lot line between contiguous lots if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and City of Aspen Land Use Code Part 400, Page 163 c. The corrected plat will meet the standards o f this Chapter and conform to the requirements ofthis Title, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR or permitted density o f the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. 2. Lot split. The split of a lot for the purpose of the development of one (1) detached singlefamily dwelling on a lot formed by a lot split granted subsequent to November 14,1977, where all o f the following conditions are met: a. The land is not located in a subdivision approved by either the Board o f County Commissioners or the City Council or the land is described as a metes and bounds parcel which has not been subdivided after the adoption o f subdivision regulations by the City on March 24,1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements ofthe underlying Zone District. Any lot for which development is proposed will mitigate for affordable housing pursuant to Subsection 26.470.070.B. c. The lot under consideration or any part thereof, was not previously the subject o f a subdivision exemption under the provisions o f this Chapter or a "lot split" exemption pursuant to Subsection 26.470.040.C. 1.a. d. A subdivision plat which meets the terms of this Chapter and conforms to the requirements of this Title, is submitted and recorded in the o ffice of the County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. e. The subdivision exemption agreement and plat shall be recorded in the o ffice of the County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration o f the plat by the City Council will be required for a showing of good cause. City of Aspen Land Use Code Part 400, Page 164 f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g. Maximum potential build-out for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single- family home. 3. Approved subdivision. All subdivisions approved prior to the effective date ofthis Chapter, except those lots contained within an approved subdivision which are intended or designed to be resubdivided into smaller lots, condominium units or multi-family dwellings. 4. Historic Landmark lot split. The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one (1) new single-family dwelling. The Historic Landmark lot split shall meet the requirements of Subsections 26.480.030.A.2 and 4, Subsection 26.470.070.C and Subsection 26.415.120.A of this Code and the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R- 15, R- 15A, RMF or O Zone District. b. The total FAR for both residences shall be established by the size o f the parcel and the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. In the Office Zone District, the following shall apply to the calculation ofmaximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the subdivision exemption plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 Zone District. I f any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the Zone District. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards.If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the Zone District will be applied. c. The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Paragraphs 26.415.120.B.1.a, b and c are only permitted on the parcels that will contains an historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel. City of Aspen Land Use Code Part 400, Page 165 5. Exempt timesharing. The creation of time-span estates that comply with the requirements for exempt timesharing, pursuant to Section 26.590.030 of the Code. This subdivision exemption shall not be used to create any new lots or dwelling units. (Ord. No. 55-2000, Â§11; Ord. No. 1-2002, Â§11,2002; Ord. No. 9-2002, Â§9; Ord. No. 21-2002, Â§7; Ord. No. 34-2003, Â§1) Sec. 26.480.040. Procedures for review. A development application for a subdivision approval or exemption shall be reviewed pursuant to the procedures and standards in this Chapter and the common development review procedures set forth at Chapter 26.304. A. Lot line adjustment and exempt timesharing. After an application for a lot line adjustment or exempt timesharing has been determined complete by the Community Development Director, the Director shall approve, approve with conditions or deny the application. B. Exempt subdivisions. 1. Steps required: One - a public hearing before City Council. 2. Notice requirements: None except for an application for a lot split which shall require publication, mailing and posting (See Section 26.304.060[E][3] Paragraphs [a],[b] and [c].) 3. Standards ofreview: Section 26.480.050. 4. City Council action: Ordinance approving, approving with conditions or disapproving application for subdivision exemption. C. Subdivisions. Approval of a development order for a subdivision shall require review and recommendation for approval, approval with conditions or disapproval by the Planning and Zoning Commission followed by a review and approval or approval with conditions by the City Council. This application may be consolidated with a development application for conditional use, special review, ESA review, GMQS allotment, code amendment and/or rezoning. 1. Step One - Public hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for subdivision. b. Notice requirements: Publication, posting and mailing. (See Section 26.52.060 [E][3] Paragraphs [a],[b] and [c]). c. Standards ofreview: Section 26.480.050. d. P&Z action: Resolution recommending approval, approval with conditions or disapproval of subdivision. 2. Step Two - Public hearing before City Council. City of Aspen Land Use Code Part 400, Page 166 a. Purpose: To determine if application meets standards for subdivision. b. Notice requirements: Publication, mailing and posting in addition to the requisite notice requirements for adoption of an ordinance by City Council. c. Standards ofreview: Section 26.480.050. d. City Council action: Ordinance approving, approving with conditions or disapproving subdivision. (Ord. No. 21-2002, Â§8; Ord. No. 27-2002, Â§Â§18,19) Sec. 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. 2. The proposed subdivision shall be consistent with the character o f existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. 4. The proposed subdivision shall be in compliance with all applicable requirements o f this Title. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because o f 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 wel fare o f the residents in the proposed subdivision. 2. Spatial pattern efficient. 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. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: City of Aspen Land Use Code Part 400, Page 167 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas and/or the goals ofthe community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement housing program. A subdivision which is comprised o f new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System.one required housing is being replaced bv another housing use. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, Â§2; Ord. No. 12,2007, Â§Â§29,30) Sec. 26.480.060. Application. A. Review by the Planning and Zoning Commission. The contents o f a development application for a subdivision approval for review by the Planning and Zoning Commission shall include the following: 1. The general application information required in common development review procedures set forth at Section 26.304.030. 2. One (1) inch equals four hundred (400) feet scale City map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks and the zone district in which the proposed subdivision and adjacent properties are located. 3. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirtysix (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the City and the street system in the area o f the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the City of Aspen Land Use Code Part 400, Page 168 proposed subdivision will meet the design standards ofthis Chapter and this Title and shall contain the following itemized information: a. The name o f the proposed subdivision, which shall not be the same or similar to any name used on a recorded plat in this County. b. The name, address and telephone number of the owner/applicant, designer of the proposed subdivision and the licensed surveyor. c. The location and boundaries of the proposed subdivision. d. A map showing the existing and proposed contours of the land in the proposed subdivision at two-foot intervals, where the slope is less than ten percent (10%) and fivefoot intervals where the slope is ten percent (10%) or greater and the designation of all areas with slope greater than thirty percent (30%). e. The location and dimensions of all existing streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities and other significant manmade or natural features within or adjacent to the proposed subdivision. f. The location and dimensions of all proposed streets, alleys, easements, drainage improvements, utilities, lot lines and areas or structures reserved or dedicated for public or common use in the proposed subdivision. g. The location, size and type of existing vegetation and other natural landscape features and the proposed limits of any excavation or regrading in the proposed subdivision, including the location of trees with a trunk diameter of six (6) inches or more measured four and one-half (4M) feet above the ground and an indication of which trees are proposed to be removed. Where large groves are to remain undisturbed, single trees need not be located. h. The designation of all areas that constitute natural hazard areas including but not limited to snowslides, avalanche, mudslide, rockslide and the one-hundred-year floodplain. i. Such additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters as may be required by the planning agency or other reviewing agency. j. Such other information as may be required by the planning agency or other reviewing agency in order to adequately describe proposed utility systems, drainage plans, surface improvements or other construction projects contemplated within the proposed subdivision in order to assure that the proposed subdivision is capable ofbeing constructed without an adverse effect upon the surrounding area. k. Site data tabulation listing acreage of land in the proposed subdivision, number, type and typical size of lots, structures and/or dwelling units; number ofbedrooms per dwelling City of Aspen Land Use Code Part 400, Page 169 unit; ground coverage of proposed structures and improvements including parking areas, streets, sidewalks and open space and the amount of open space that is being provided pursuant to Paragraph 26.480.040.C.5.a. 1. In the case ofa division of land into condominium interests, apartments or other multifamily or time-share dwelling units, the location of all proposed structures, parking areas, structures and/or areas for common use. m. Where the proposed subdivision covers only a part of the applicant's adjacent holdings, a sketch plan for such other lands shall be submitted and the proposed streets, utilities, easements and other improvements of the tract under review shall be considered with reference to the proposed development of the adjacent holdings. n. Letters from the public or private utility companies that will service the proposed subdivision with gas, electricity, telephones, sanitary sewer, water and fire protection facilities stating they can service the proposed subdivision. 4. GIS data. All subdivision applications shall submit the requirements specified in Subsection 26.480.040.C. and Subsection 26.480.040.D in a digital format acceptable to the Community Development Department. Base information shall be obtained from the Community Development Department. B. Review by City Council. Subsequent to review by the Planning and Zoning Commission and prior to review of the development application for plat by the City Council, the applicant shall submit the following additional application contents: 1. A final plat drawn with permanent ink on reproducible linen or Mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (114) inches on the left hand side of the sheet and a one-half (14) inch margin around the other three (3) sides o f the sheet. It shall include: a. Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). b. A systematic identification o f all lots and blocks and names for all streets. c. Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such. City of Aspen Land Use Code Part 400, Page 170 d. An identification of the streets, alleys, parks and other public areas or facilities and a dedication thereof to the public use. An identification of the easements as dedicated to public use. Areas reserved for future public acquisition shall also be shown. e. A written survey description of the area including the total acreage to the nearest onethousandth (0.001) of an acre. f. A description o f all survey monuments, both found and set, which mark the boundaries o f the subdivision and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. 2. A statement by the land surveyor explaining how bearings, i f used, were determined. 3. A certificate by the registered land surveyor as to the accuracy of the survey and plat and a statement that the survey was performed in accordance with Title 38, Article 51, C.R.S. 1973, as amended from time to time. 4. A certificate by a Corporate Title insurer, that the person or persons dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. 5. Certificates showing approval of the final plat by the City Engineer, Community Development Director and the Planning and Zoning Commission. 6. A certificate showing approval of the plat and acceptance of dedications and easements by the City Council, with signature by the Mayor and attestation by the City Clerk. 7. A certificate of filing for the County Clerk and Recorder. 8. Complete engineering plans and specifications for all improvements to be installed in the proposed subdivision, including but not limited to water and sewer utilities, streets and related improvements, trails, bridges and storm drainage improvements. 9. A landscape plan showing location, size and type of proposed landscape features. 10. Copies of any monument records required of the land surveyor in accordance with Title 38, Article 53, C.R.S. 1973, as amended from time to time. 11.Any agreements with utility or ditch companies, when applicable. 12. Any subdivision agreements as required by this Chapter. City of Aspen Land Use Code Part 400, Page 171 Sec. 26.480.070. Subdivision agreement. A. General. Prior to approval of a subdivision, the applicant and City Council shall enter into a subdivision agreement binding the subdivision to any conditions placed on the development order.owner and applicant shall complv B. Common park and recreation areas. The subdivision agreement shall outline any agreement on the part ofthe applicant, to deed public lands, open space, public facilities and other improvements to the City or other entity. C. Landscape guarantee. In order to ensure implementation and maintenance of the landscape plan, the City Council may require the applicant to provide a guarantee for no less than one hundred twenty-five percent (125%) of the current estimated cost of the landscaping improvements in the approved landscape plan, as estimated by the City Engineer, to ensure the installation of all landscaping shown and the continued maintenance and replacement of the landscaping for a period of two (2) years after installation. The guarantee shall be in the form of a cash escrow with the City or a bank or savings and loan association or an irrevocable sight draft or letter o f commitment from a financially responsible lender and shall give the City the unconditional right upon demand to partially or fully complete or pay for any improvements or pay any outstanding bills or to withdraw funds upon demand to partially or fully complete or pay for any improvements or pay for any improvement or pay any outstanding bills for work done thereon by any party. 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 cost for that portion of the improvements, except that ten percent (10%) shall be withheld until all proposed improvements are completed and approved and an additional twenty-five percent (25%), which shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. D. Public facilities guarantee. In order to ensure installation of necessary public facilities planned to accommodate the subdivision, the City Council shall require the applicant to provide a guarantee for no less than one hundred percent (100%) of the current estimated cost of such public improvements, as estimated by the City Engineer. The guarantee shall be in the form specified in Subsection 26.480.050.C and may be drawn upon by the City as specified therein. As portions of the public facilities improvements are completed, the City Engineer shall inspect them and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except ten percent (10%) which shall be withheld until all proposed improvements are completed and approved. E. Recordation. The subdivision agreement and plat shall be recorded in the office of the County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline i f the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one City of Aspen Land Use Code Part 400, Page 172 hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps or declarations or any other documents required to be recorded to accomplish a condominiumization in the City. (Ord. No. 9-2002, Â§10) Sec. 26.480.080. Amendment to subdivision development order. r 1 A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and_reRmsgniation~limitinglhe_approved plat. ~7137Other amendment. Any other amendmentsaIFEEippi*83-6ythe City Council, iigui~-----~ that the proposed change is consistent with the approved plat. I f the proposed change is not consistent ~ with the approved plat, the amendment shall be subject to review as a new development application I~ for plat. . -1-C.-Plat-vacation.Vication-of-an-approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment and shall only be approved by the City Council if good cause is demonstrated. Sec. 26.480.090. Condominiumization. A. General. Where a proposed development is to include a condominium form of ownership or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision plat reflecting all condominiumized units or that portion o f the development to be condominiumized, shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions ofthis Section. B. Procedure. A development application for a condominiumization shall be reviewed and approved, approved with conditions or denied by the Community Development Director, pursuant to the procedures and standards in this Section and Common Development Review Procedures set forth at Chapter 26.304. No condominiumization shall be approved by the Community Development Director unless compliance with all application portions o f this Section, applicable portions of this Chapter and applicable portions o f this Title are demonstrated. 1. Contents of application. The contents of a development application for a condominium or condominiumization shall include the following: a. The general application information required in Common Development Review Procedures set forth at Section 26.304.030. b. A condominium subdivision plat drawn with permanent ink on reproducible Mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered City of Aspen Land Use Code Part 400, Page 173 margin o f one and one-half (1M) inches on the left hand side of the sheet and a one-hal f (h) inch margin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales are not acceptable. If it is necessary to place the plat on more than one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project as it relates to the rest o f the City and the street system in the area o f the proposed condominium. (3) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. (4) A statement by the land surveyor explaining how bearings, if used, were determined. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat and a statement that the survey was performed in accordance with Title 38, Article, 51, C.R.S. 1973, as amended from time to time. (6) A certificate by a corporate Title insurer, that the person or person dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. (7) Certificates showing approval of the final plat by the City Engineer and Community Development Director. (8) A certificate of filing for the County Clerk and Recorder. (9) Copies of any monument records required o f the land surveyor in accordance with Title 38, Article 53, C.R.S. 1973, as amended from time to time. 2. Recordation. The approved condominium subdivision plat shall be recorded in the office of the County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part o f the applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. City of Aspen Land Use Code Part 400, Page 174 26.540.010 Purpose. There are two main purposes of this chapter: to encourage the development of affordable housing; and to establish a new option for housing mitigation that immediately offsets the impacts of free market development. A Certificate of Affordable Housing Credit is issued to the developer of affordable housing that is not required for mitigation. Another entity can purchase such a Certificate and use it to satisfy housing mitigation requirements. Establishing this transferable Certificate creates a new revenue stream that can make the development of affordable housing more economically viable. Establishing this transferable Certificate also establishes a new option for mitigation that reflects built and occupied affordable housing, thereby offsetting the impacts of free market development before those impacts are felt. This section describes the process for establishing, transferring and extinguishing a Certificate of Affordable Housing Credit. (Ord. No. 6-2010, Â§5) 26.540.020 Authority. The Planning and Zoning Commission is authorized, at a public hearing meeting the noticing requirements of Section 26.304.060.E Public Notice, to approve, approve with conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit in the form of a resolution, subsequent to a recommendation of the Community Development Director. (Ord. No. 6-2010, Â§5) 26.540.030 Application and fees. All applications shall include the information required under Chapter 26.304, Common Development Review Procedures. In addition, all applications must also include the following information. A. The net livable square footage of each unit. B. If applicable, the conditions under which reductions from net minimum livable square footage requirements are requested according to Aspen Pitkin County Housing Authority Guidelines. C. Proposed category of each unit. City of Aspen Land Use Code Part 500, Page 60 D. Proposed Full-Time-Equivalents housed by the units in increments of no less than fiveone- hundredths (.05). (Ord. No. 6-2010, Â§5) 26.540.040 Review criteria for planning and zoning commission A Certificate of Affordable Housing Credit may be established by the Planning and Zoning Commission, pursuant to the adoption of a Resolution, if all of the following criteria are met: A. A Certificate of Occupancy has been issued for affordable housing units that have been deed-restricted subsequent to the adoption of Ordinance No. 6, Series of 2010, and pursuant to the requirements of Section 26.470.070.4(a-d). B. The affordable housing units are not for the purpose of mitigating impacts of development, or a requirement or obligation of a Development Order. C. A recommendation of the Aspen Pitkin County Housing Authority Board of Directors has been made, establishing the number of Full-Time-Equivalents (FTEs) accommodated by the affordable housing units, pursuant to Affordable Housing Guidelines, as amended. (Ord. No. 6-2010, Â§5) not required int this application 26.540.050 Procedures for Issuing a Certificate of Affordable Housing Credit. Once the Planning and Zoning Commission has approved the creation of a Certificate of Affordable Housing Credit through adoption of a Resolution, the Community Development Director shall issue a Certificate of Affordable Housing Credit in a form prescribed by the Director. A. Content of the Certificate. The originating certificate is the certificate of affordable housing credit initially memorializing the housing credit. The content of the originating certificate shall include the following information: 1. A number of the certificate in chronological order of their issuance. 2, Parcel identification number, legal address and the street address of the affordable housing. 3. The number of Full Time Equivalents (FTEs) accommodated by the affordable housing units, in increments of no less than five-one-hundredths (.05). 1.15 required to mitigate 3450 sq.ft. B. Issuance of the Certificate. At the time of issuance of a Certificate by the City, a letter acknowledging receipt and acceptance of the certificate shall be submitted by the owner to the Community Development Department. (Ord. No. 6-2010, Â§5) City of Aspen Land Use Code Part 500, Page 61 26.540.060 Authority of the certificate The certificate may be utilized in whole or in part, including fractions of an FTE no less than .05 FTE, to satisfy affordable housing mitigation requirements in accordance with other applicable sections of this Title. (Ord. No. 6-2010, Â§5) 26.540.070 Transferability of the certificate A. A Certificate of Affordable Housing Credit may be sold, assigned, transferred, or conveyed in whole or in part, in increments no less than five-one-hundredths (.05). Transfer of Title shall be evidenced by an assignment of ownership on the actual certificate document. Upon transfer, the new owner may request the City re-issue the certificate acknowledging the new owner. Re-issuance shall not require re-review by the Planning and Zoning Commission. B. The market for Certificates of Affordable Housing Credit is unrestricted and the City shall not prescribe or guarantee the monetary value of a Certificate of Affordable Housing Credit. C. The Community Development Director shall establish policies and procedures not inconsistent with this Chapter for the printing of certificates, their safe-keeping, issuance, record-keeping, and extinguishments. D. (Ord. No. 6-2010, Â§5) 26.540.080 Extinguishment of the certificate. A. Upon approval of a land use application pursuant to Chapter 26.470, the Community Development Director shall extinguish all or part of a Certificate of Affordable Housing Credit, as applicable, to be noted in the subsequent Development Order. B. When all of a certificate is extinguished, the city shall void the certificate. C. When part of a certificate is extinguished, the city shall issue a replacement certificate amending the certificate in increments of no less than .05 FTE. (Ord. No. 6-2010, Â§5) 26.540.090 Criteria for Administrative Extinguishment of a Certificate The Community Development Director shall extinguish all or part of a certificate of Affordable Housing Credit for the purposes of meeting mitigation requirements if the application meets one or more of the following criteria: A. An Ordinance approved under this Title that includes a condition describing required housing mitigation has taken legal effect, and the portion of the Certificate to be extinguished is equal to the mitigation required in terms of FTEs as calculated under Aspen Pitkin County Affordable Housing Guidelines, as amended. B. A Development Order has been issued that satisfies housing mitigation pursuant to Section 26.470.060.2(c)vi, or Section 26,470.060.2(c)7, and the portion of a Certificate to be City of Aspen Land Use Code Part 500, Page 62 extinguished is equal to the mitigation required, according to Aspen Pitkin County Affordable Housing Guidelines, as amended. If the portion of the Certificate to be extinguished satisfies mitigation requirements under Section 26.470.050.B.6 General Requirements, the required number of FTEs, in increments of no less than .05 FTE, shall be calculated pursuant to Section 26.470.100 Employee/Square Footage Conversion. (Ord. No. 6-2010, Â§5) Section 26.540.100 Appeals An applicant aggrieved by a determination made by the Community Development Director or Planning and Zoning Commission, pursuant to this Section, may appeal the decision to the City Council, pursuant to the procedures and standards of Chapter 26.316, Appeals. (Ord. No. 6-2010, Â§5) To: Drew Alexander From: Peter Fornell Date: February 4, 2011 Re: Application for 985 King Dear Drew, Thank you for your assistance with my efforts at 985 King. To describe briefly, our plans are to retire an ADU on the Premises and utilize the FTE credit program to retire credits equal to the requirement for the existing home. Another form identifies the home as having 3450 sq. ft. of FAR requiring an individual to mitigate 1.15 FTE's. This process complies with the land use code pertaining to the retirement of one mitigation with another, as well as the new land use section with regard to certificates of housing credit. This is not only an appropriate use within the code, but presents the unique opportunity to retire an asset in the housing department which we cannot monitor (ADUs) with an asset in the housing department which the community has complete review and authority over (AHUs). Further, an owner of an ADU who retires their deed restriction with FTE credits assists in the creation of additional affordable housing locally without any further free market development. Upon approval, the applicant will purchase and retire 1.15 FTE credits with the Housing Authority, simultaniously the Housing Authority shall release their name from the property deed ofthe Parcel. Sincerely, /\1 1 11 Ad 4/1 R I #0 Ifi4 Peter Die Edit Record Navigate Ferm Reports Format Iab Melp i @ 43 *< k ./ 23 8 - i *j e a ..46 2 - . E H 4 B )1 0 ..2 1 lump i :i ~, - E O G - ~241@BE i~{i *-:~ t...~? 2 :~"4 43 .3 M Iin : dustom fields R outing S tatut Fees Fee SummarM ]|Actions ~4 R outing History Conditions , Valuation Arch/Eng Sub Bermits Parcels ~ Permit type IE~ |Aspen Land Use : Permit # 1 0008.2011.AS LU Addiess 1985 KING ST : Apt/Suite | City PASPEN ~ StateICO--- Zip 81611 1 Permit Information g. 1 Master permit ~ ' Routing queue aslu07 1 Applied 2/10/2011 t prolect | Status pending Approved DescriptionISUBDIVISION AMENDMENT TO RETIRE ADU ~ Issued i ' 1 Final : r -' Â· Â·Â·Â·Â· - -Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â· Submitted 'PETER FORNELL-379-344 1 Clock Running Daysi 0 I Expi,es : 2/5/2012 | Submitted via ~ : Owne, Last name LAWRENCE LARRY 1 First name ~ i 6309 HARTLEYDR --- LA JOLLA CA 92037 Phone[]- Address Applicant E Owner is applicarit? 0 Contractor is applicant? Last name ,AJAX APARTMENTS LLC f 1 First name . |!402 MIDLAND PARK PL | VASPEN CO 81611 | Phone :[970] 948-3434 _~ Cust # 28820 d Address! Lender 11 1 Last name I First name Phone.{ 1 - Address I E nter the permit type code AspenG old5 (server) 1 0 f '93 U 69 2 Â» seloN 10 0 xogiool , sdnoig qel , . 12 -0 /