HomeMy WebLinkAboutLand use Case.1000 E Hopkins Ave.0083.2011.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0083.2011.ASLU
PARCEL ID NUMBER NO PARCEL
PROJECTS ADDRESS 1000 E. HOPKINS AVE
PLANNER CHRIS BENDON
CASE DESCRIPTION SUBDIVISION AMENDMENT
REPRESENTATIVE JODY EDWARDS
DATE OF FINAL ACTION 12.22.11
CLOSED BY ANGELA SCOREY ON: 12.22.11
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE DETERMINATION
1000 East Hopkins Condominiums
JURISDICTION: City of Aspen
EFFECTIVE DATE: /� November 22, 2011
APPROVED BY: APPROVED
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p' .� 2Z G Ia Community Bendon Develop ment Director
• COMMUNITY DEVELOPMENT DIRECTOR
f:ITYOFASPEN
Purpose:
The Community Development Director is issuing this Administrative Determination to
specifically waive a burden and restriction placed on 1000 East Hopkins Condominiums (the
"Property ").
Background:
In 1991, the Property was burdened with a rental restriction (for the benefit of the City) that
restricted rental of units to six month minimum leases, with no more than two shorter term
leases per year in accordance with then- existing Municipal Code Section 7- 1007A.1(c). The
rental restriction is set forth in Section IV.2 of the Subdivision Agreement for 1000 East
Hopkins Avenue, Aspen Colorado recorded December 6, 1991 in Book 663 at Page 863 as
Reception No. 339258 of the Pitkin County Records ( "Subdivision Agreement "). Previously
existing Code Section 7- 1007A.1(b) imposed rental restrictions on condominiums but not on
similar structures that were not condominiumized. Such Municipal Code Section 7-
1007A.1(c) is no longer in existence and Section 38- 33.3 -106, Colorado Revised Statutes,
prohibits imposition of a restriction on a structure because of the nature of the ownership of
the structure as a condominium.
Determination:
In accordance with the procedures, standards and limitations of Title 26, this Administrative
Determination acknowledges that the City agrees it will not enforce and hereby waives any
right to enforce Section IV.2 of the Subdivision Agreement.
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SUBDIVISION AGREEMENT O COLORADO EAST HOPKINS AVENUE
ASPEN •
THIS SUBDIVISION AGREEMENT is made and entered into by
and between VALLEY -HI of and EL CI Y OF ASPEN, COCo "tge
partnership As") pursuant �i
Aspen ") rsuant to 57 -1005 of the Municipal Code of the City of ,
Aspen.
WHEREAS, the Owner has submitted to the City of Aspen for
I approval, execution and recordation the final Plat of the 1000 East
Hopkins Townhouse Condominiums for a tract of land situated within P
the City of Aspen, more fully described as follows: i.
,�
its N and S, Blocks 25 and 26, Lots t
4 H, I and A, Blocks 25 and 26, plus
remainder of vacated Cleveland 'wow ! Street,
i
County of Pitkin, Ire
State of Colorado,
with a street address of 1000 East Hopkins Avenue, Aspen, Colorado II
81611 (the "Plat "); and
•
' WHEREAS, the City of Aspen has fully considered and
reviewed the Plat and has determined that it is consistent with the 4 1 k provisions, terms and conditions of that certain Ordinance granting
• subdivision approval with conditions, which Ordinance was approved
t by the Aspen City Council on June 10, 1991 (hereinafter "Ordinance -
No. 8, Series of 1991 "); and
WHEREAS, the City of Aspen has imposed certain conditions
and requirements in connection with its approval, execution and
i recordation of the Plat and the granting of approval pursuant to
I Ordinance No. 8, Series of 1991, such natters being lfdeemednn neces-
y sary to promote, protect and enhance the public
! WHEREAS, Owner is willing to acknowledge, accept, abide
by and faithfully perform conditions imposed
$ by the City of Aspen in approving the Plat;
7 WHEREAS, under the authority of Chapter 24, Article 7, I
I
C Section 7- 1005(C) and (D) of the Municipal Code of the City of
t
Aspen, the City of Aspen is entitled to security and assurance that
the matters hereinafter agreed to will be faithfully performed by
1 Owner.
'f NOW, THEREFORE, in consideration of the foregoing
1 premises, the mutual covenants contained herein, and the approval, k.
,) ex and acceptance of the Plat for recordation by the City of `
Aspen, it is mutually agreed as follows:
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I. GENERAL DEVELOPMENT PLAN
By Ordinance No. 8, Series of 1991, the City of Aspen has
granted the Owner approval for the demolition of existing improve-
ments on the subject Property and for the construction of four '•�
free- market condominium units with a permissible floor area ratio
totalling approximately 13,380 square feet for the free market It
units, and for four deed restricted affordable housing units `
containing not less than 750 square feet each (50% of which shall
be above grade). The total permissible floor area ratio for the i •
subject property shall not exceed 1.111 on parcel 1 of the subject
Property. Two- thirds of the additional .1 floor area ratio shall t
be used for affordable housing. All improvements shall be
constructed in accordance with the Plat submitted to and approved
by the City of Aspen.
• ': II. STREAM MARGIN REVIEW AND DEDICATION OF TRAILQ i lk
1. Stream Margin Review. No development shall be
permitted within one hundred feet, measured horizontally, from the
high water line of the Roaring Fork River, such high water line as
depicted on the Plat. All approved development shall take place
entirely within parcel 1.
2. Dedication of Trails.
(a) Fisherman's Easement. Owner hereby dedicates s
a fisherman's easement in the Roaring Fork River including the land
measured five feet horizontally from the edge of the river as
depicted on the Plat. i
(b) Trail Easement. Owner hereby dedicates af
fifteen foot wide trail easement within the one hundred year flood tr. —
plain as depicted on the Plat.
III. PLANNED UNIT DEVELOPMENT AP r AND VARIANCES l
1. Rear Yard Set -Back Variance. Owner shall be
permitted to construct improvements on the subject Property with a
zero rear yard set -back between parcel 1 and the City of Aspen
alleyway, limited to the building footprint necessary to accomao-
date the affordable housing units as depicted on the Plat.
2. }ieight Variance. Owner shall be permitted to
increase the permissible height for the north two - thirds of the
improvements on the subject Property by two feet. it
I
3. Parking Reauirements. Owner shall be required to (;-
construct twelve parking spaces in the underground parking area.
Parking spaces shall be assigned one to each affordable housing I•
unit and two to each free market housing unit. No other parking 1 �l
shall be required. Affordable housing unit owners shall not be
precluded from using free market unit parking spaces on a space
,� available basis and so long as such use does not interfere with
free market unit owners' use of the parking spaces.
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4. Limitation on Development of Parcel 2. No further
development shall be permitted on parcel 2 of the subject Property.
IV. CONDOMINIUMIZATION AND DEED RESTRICTIONS ..,
• 1. Condominiumization. Owner shall be permitted to
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condommize the free - market and the affordable housing units in
the configurations depicted on the PUD plan. Owner shall cause to
be recorded a Condominium Declaration and Condominium Plat covering
all of the condominium units.
2. Minimum Lease Terms. All residential units shall be
restricted to six month minimum leases, with no more than two l
shorter tenancies per year in accordance with S7- 1007A.1(b) of .,
Chapter 24 of the Municipal Code of the City of Aspen. i.
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3. Affordable Housing Impact Fee. Because Owner shall
construct four affordable housing units on the subject Property,
j the obligation which would otherwise exist pursuant to S7-
, 1007A.1(c) of Chapter 24 of the Municipal Code is hereby waived.
li
! 4. Deed Restriction of Affordable Housing Units. The
affordable housing units shall be deed restricted, and Owner shall
enter into resale agreements with the Aspen /Pitkin County Housing :_�
• j Authori providing for the followings
I
1 (a) Each of the affordable housing units shall be '
i separately condominiumized, with the Condominium Plat depicting
i each unit as containing at least 750 square feet, two bedrooms,
p.
with at least 508 of the square footage being above grade.
(b) The affordable housing units, with the
exception of the initial sale by Owner to purchasers, shall be . 4�
listed through the Aspen /Pitkin County Housing Authority.
(c) For purposes of sale, three of the units shall ,'
be deed restricted to middle income (that is, the highest income V
category, or category four) price guidelines. One unit shall be
deed restricted to moderate income, category three price guide-
lines. b
(d) For rental purposes, all of the affordable 5
• housing units shall be deed restricted to moderate income, category f
two price guidelines, but in no event shall the square footage
rental he less than $0.89. i.
(e) For purposes of qualifying purchasers and /or Iii
renters of the affordable housing units, Owner shall rely upon any \/1
of the qualification guidelines for any income category as such are j
established from time to time by the Aspen /Pitkin County Housing � .
Authority.
(f) Owner shall be entitled to sell an affordable
housing unit in conjunction with the sale of a free- market unit
j regardless of whether or not the purchaser qualifies under afford- \•
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able housing guidelines; provided, however, the affordable housing
units shall be occupied by a qualified employee.
(g) Upon, issuance of a building permit for
improvements to the subject property, Owner shall pay to the
Aspen /Pitkin County Housing Authority a cash -in -lieu amount of
$45,000.00.
V. CONSTRUCTION AND IMPROVEMENTS i
1. Water. Owner shall extend the existing service 1•
water line to service the building sites. Domestic water shall be
obtained through the City of Aspen Water Department.?
2. Sewer Line. Owner shall extend the existing sewer
line to service the building sites. Sewer service shall be
provided through the Aspen Consolidated Sanitation District. :Jam w
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1 3. Improvement District. Owner shall join an improve-
ment district if such district is formed.
4. Fire Alarm System. Fire alarm and sprinkler systems
II
shall be designed and installed in accordance with the requirements
of the Fire Marshall. i ,
5. Vecetation /Erosion. Vegetation protection and -._�
erosion control methods shall be installed at the northern
perimeter of parcel 1 prior to excavation and clearing and shall •
1 remain in place throughout construction.
I 6. Demolition. Demolition of the existing apartment '.�
t building on the subject Property shall not occur prior to issuance
of a building permit for new construction, unless deterioration or
- i casualty to the existing structure requires demolition for health
i and /or safety purposes.
I VI. NON - COMPLIANCE AND REOUEST FOR AMENDMENTS
OR EXTENSIONS BY OWNER
In the event that the City of Aspen determines that Owner
is not acting in substantial compliance with the terms of this
Agreement, the City of Aspen shall notify the Owner in writing
asking that the Owner remedy the alleged non - compliance within such
reasonable time as the City of Aspen may determine, but not less
I than forty -five days. If the City of Aspen determines that Owner
has not complied within such time, the City of Aspen may issue and
serve upon Owner a written order specifying the alleged non -
s compliance and requiring the Owner to remedy the same within thirty
days. Within twenty days of the receipt of such order, Owner may
file with the City of Aspen either a notice advising the City of I'
Aspen that he is in compliance or a written petition requesting a
i hearing to determine one or both of the following matters:
(a) Whether the alleged non - compliance exists or' '
did exist, or •
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(b) Whether a variance, extension of time or
amendment
non-compliance is determined to exist. respect to any
suchon- compliance
Upon receipt of such petition, the City of Aspen shall
promptly schedule a hearing to consider the matters set forth in
the order and in the petition. The hearing shall be convened and
• conducted pursuant to the procedures normally established by the
• City of Aspen for other hearings. If the City of Aspen determines
by a preponderance of the evidence that a non- compliance exists
which has not been remedied, it may issue such orders as may be ap- =1
propriate; provided, however, no order terminating any approval
granted herein shall be issued without a finding of the City of
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Aspen that substantial evidence warrants such action and affording
the Owner a reasonable time to remedy such non - compliance. A final
determination of non-compliance which has not been remedied or for ' `
' which no variance has been granted may, at the option of the City f
. of Aspen, and upon written notice to the Owner, terminate any of
the approvals contained herein which are reasonably related to the
1 requirement(s) with which Owner has failed to comply. Alternative-
- ; ly, the City of Aspen may grant such variances, extensions of time
or amendments to this Agreement as it may deem appropriate under
the circumstances. `
. ' In addition to the foregoing, the Owner or his successors r_:411;7
I or assigns may, on his own initiative, petition the City of Aspen
for a variance, an amendment to this Agreement or an extension of Ill
one or more of the time periods required for performance under the ,
! `:
Construction Schedules or otherwise. the City of Aspen may grant
1 such variances, amendments to this Agreement, or extensions of time
as it may deem appropriate under the circumstances.
I VII. EASEMENTS OF RIGHTS -OF -WAY. '
1 The Plat sets forth certain easements and rights -of -way
't for the use of the owners of the improvements on the Property and
i the general public and which are dedicated to thepeo�tual us :::"'
all utility companies and providers for the purpose
utilities land drainage replacing, repairing more fully n et forth underground onthe
Plat.
VIII. FINANCIAL ASSURANCE
At the time Owner proposes to construct improvements on
1 the su Property, a letter of credit or other financial secnr- F':
ity in a form and amount reasonably satisfactory to the City of II
; Aspen shall be provided as security for the completion of such t;
improvements, which amount shall be based upon the estimated costs
of constructing said improvements as reflected on the engineer's 'I
estimates attached hereto as Exhibit "A," unless such financial
security is waived by the appropriate administrative body.
restrictions as appear on the Plat and as are contained in this ..�. _
Agreement shall be fully enforceable by the City of Aspen in
accordance with the terms hereof and applicable law, and Owner's
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entitlement to development of the subject Property reflected on the
Plat shall be dependent upon its performance of the obligations and
conditions set forth herein.
IX. G.M.O.S. EXEMPTION .� "
Pursuant to 58- 107(A) of Chapter 24 of the Municipal Code
of the City of Aspen, Owner has been granted Growth Management
Quota System exemption for the replacement of four free- market
units and the construction of four affordable housing units on the
subject Property.
X. VESTING OF RIGHTS s
In accordance with 56 -207 of Chapter 24 of the Municipal
Code of the City of Aspen, applicable state statutes, and Ordinance
No. 8, Series of 1991, Owner is hereby granted vested property Se rights for the purpose of constructing the improvements on the j
'i subject Real Property for a period of three years from the ►, Ira
effective date of said Ordinance.
XII. MISCELLANEOUS
1. The provisions hereof shall be binding upon ands %
inure to the benefit of Owner and the City of Aspen and their
• respective successors and assigns. `
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2. This Agreement shall be subject to and construed in 1{-3 accordance with the laws of the State of Colorado. xs:? fill
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3. If any of the provisions of this Agreement or any
paragraph, sentence, clause, phrase, word or section of the is
application thereof in any circumstances is invalidated, such
z. invalidity shall not affect the validity of the remainder of this
Agreement, and the application of any such provision, paragraph,
• sentence, clause, phrase, word or section in any other circumstance
shall not be affected thereby.
• 4. This Subdivision Agreement contains the entire
understanding between the parties with respect to the transactions
contemplated hereunder and may be altered or amended from time to
F time only by written instruments executed by all parties hereto. �4 -
5. Numerical and title headings contained in this
Agreement are for convenience only, and shall not be deemed
determinative of the substance contained herein. As used herein,
where the context requires, the use of the singular shall include I'
( the plural and the use of any gender shall include all genders. iI
6 . Notices to be given to the parties to this Agreement
I shall be considered to be given if delivered or if deposited in the �;�
I United States mail to the parties by registered or certified mail !
at the addresses indicated below, or such other addresses as may be h
substituted upon written notice by the parties or their successors 1I'
or assigns:
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. The City of Aspen Valley -HI Development Trust
130 South Galena Street c/o Richard Y. Neiley, Jr., P.C.
Aspen, Colorado 81611 201 North Mill Street, Suite 102
..� Attn: Planning Director Aspen, Colorado 81611
7. The terms, conditions, provisions and obligations
herein contained shall be deemed covenants that run with and burden
the real property more particularly described herein hereto and any
and all owners thereof, their successors, grantees or assigns and
further shall inure to the benefit of and be specifically enforce-
. able by or against he parties hereto, their successors, grantees or
assigns.
8. Owner represents and warrants that he is the fee
title owner of the subject parcel with full authority to enter into
this Agreement, and that any and all persons, firms or entities
having any lien, encumbrance or interest in the property have
. consented to the dedications, restrictions and conditions of le
approval set forth herein.
IN WITNESS WHEREOF, the parties hereto have hereunto g 1
executed their hands and seals on the dates and years respectively E
indicated, in full understanding agreement to the terms and
conditions herein contained.
Owner:
, Dato: 1401q\ '
V- E HI DEVELOPMENT TRUST
BY / / Parner ! :ST I INVESTMENT CORP.,
II a !\ \ :
lk AL -� ` an i '
('icha • Y. i ey, Jr., Secretary
The City of Aspen:
THE CITY OF ASPEN
Date:
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STATE OF COLORADO )
ss,
COUNTY OF PITKIN )
The foregoing Subdivisio Agreement was acknowledged and
signed before me this /A day of , 1991, by Richard
714. /1)eilay Jr. as Secretary of Australian Investment Corp., a )'
general partner of VALLEY -HI DEVELOPMENT TRUST.
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2 0��• � WITNESS my hand and official seal.
// C Z‘ ; - commission expires: ,07/9/9
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF PITEIN
' The foregoing Sybdivision greement was acknowledged and
S .ged before me this .4 day of , 1991, by
AA .CTe.t,tct . on behalf of the City Council of the City of
pen.
- WITNESS my hand and official seal.
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NOTICE OF PUD DESIGNATION
li: PLEASE TAKE NOTE that on the 10th day of June, 1991, the
City Council of Aspen, Colorado, approved development on the
following described tract as a Planned Unit Development pursuant to
i the provisions of Chapter 24 of the Aspen Municipal Code. No
development shall occur on the tract except its accordance with such
development order and under any conditions that may be imposed
thereby. The above referred to land is located within the City of
Aspen, Pitkin County, Colorado, and is more fully described as
follows: - ''..
. s"
Parcel One - l!?;
•
--s: A parcel of land situated in E.A.A.T. and more fully described as
follows: Beginning at t S W Cor. of Lot S, Elk. 26, E.A.A.T.,
thence N 14 ° 50'49" E 100.0 Ft.; thence S 75 ° 09'11" E 135.32 Pt.; %' els
thence S 14 ° 50'49" W 100.0 Ft.; thence N 75 ° 09'11" 135.32 Ft.
'i
Parcel Two
A parcel of land situated in E.A.A.T. and more fully described as
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:•j follows: Beginning at the SW Cor. of Lot N, Blk. 26, E.A.A.T., .
I thence N 14 ° 50'49" E 29.11 Ft. t to the point of intersection with �,
Line 9 -10 of said E.A.A.T.; thence along said line S 74 ° 12' E
165.34 Ft. t; thence S 14 ° 50'49" W 26.36 Ft. t; thence N 75 ° 09'11" iw /
.. - i E 165.32 Ft. to the Point of Beginning, t r;
County of Pitkin, - ;■
State of Colorado.
- -.1 A copy of the Planned Unit Development Final Development Plan is of M :
record in the office of the Pitkin County Clerk and Recorder. 1,.; 4B�
1 ? City Cler
is
STATE OF COLORADO ) Y
ss.
I COUNTY OF PITKIN )
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The fo going ins t nt was acknowledged and signed 11 -
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' before me this day o£ Lie.+% -� • , 1991, by Kathryn S. '
i
Koch, City Clerk. hand and officio; seal.
:7i�Ji/ ,
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