HomeMy WebLinkAboutLanduse Case.CO.1000 E Hopkins.0086.2011.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0086.2011.ASLU
PARCEL ID NUMBERS 2-737 IS zo i 00 3
PROJECTS ADDRESS 1000 E. HOPKINS AVE
PLANNER CHRIS BENDON
CASE DESCRIPTION 1000 E. HOPKINS CONDOMINIUMS
REPRESENTATIVE CHRIS BENDON
DATE OF FINAL ACTION 12.27.11
CLOSED BY ANGELA SCOREY ON: 12.29.11
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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
Chri Bendon, AICP
• V\ i/ Z Z U 1 Community Development Director
COMMUNITY DEVELOPMENT DIRECTOR
CITY of ASPEN
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.
RECEPTION #: 585388, 12/27/2011 at
08:47:52 AM,
1 OF 1, R $11.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
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SUBDIVISION AGREEMENT FOR O EAST HOPKINS AVENUE
ASPEN, THIS SUBDIVISION AGREEMENT is made ad n Colorado general .-
and betweon VALLEY -HIa d TH£ DEVELOPMENT Y OF ASPEN, COLORADO ( "the City
• partnership 1005 of the Municipal Code o
nhip ( "Owner " },
of Aspen ") pursuant to §7 -f the City of `�
Aspen.
1 WHEREAS, the Owner has submitted to the City of Aspen for
1 approval, execution nd recordation or a tract of Plat
of the 3
Hopkins Townhouse Co !1
the City of Aspen, more fully described as follows:
j Lots K and S, Blocks 25 and 26, Lots s
I H, I and A, Blocks 25 and 26, plus F ��
( remainder of vacated Cleveland
_ Street,
County of Pitkin, 4,1,
State of Colorado, i
.. . ‘ ..:\
\ €1:
w ith a street address of 1000 East Hopkins Avenue, A spen, C olorado
I 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
provisions, terms and conditions of that certain Ordinance granting
subdivision approval with conditions, 19ich(Ordinance was approved
by the Aspen City Council on June 10,
No. 8, Series of 1991 "); and
WHEREAS, the City of Aspen has imposed certain conditions 1�s
and requirements in connection with its approval, execution and
recordation of the Plat and the granting of approval royal pursuant to °MIMI
Ordinance No. Series . , 1991, w elfare; deemed
and ces-
sary to promote, protect and enhance the
WHEREAS, Owner is willing to acknowledge, accept, abide
by and faithfully perform the conditions and requirements impos
5 by the City of Aspen in approving the Plat;
WHEREAS,
under the authority of Chapter 24, Article 7,
..
Section 7-1005(C) and n (D) entitled ed tolseaurity and assurance that
i t ern, the City of
the matters hereinafter agreed to will be faithfully performed by
Owner.
1
. NOW, THEREFORE, in consideration
ideration of the foregoing
premises, the mutual covenants contained herein, and the app
execution and acceptance of the Plat for recordation by the City of
,} Aspen, it is mutually agreed as follows:
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8339258 12/06/91 15 :51 Rec $45.110 8p; 663 ;'G 864
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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 an 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
units, and for four deed restricted affordable housing units
containing not less than 750 square feet each (50% of which shall I_
be above grade). The Total permissible floor area ratio for the
subject property shall not exceed 1.111 on parcel 1 of the subject f'
Property. Two- thirds of the additional .1 floor area ratio shall j
be used for affordable housing. All improvements shall be
constructed in accordance with the Plat submitted to and approved
by the City of Aspen.
i. II. STREAM MARGIN REVIEW AND DEDICATION OF TRAILS . wiimim-
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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
i depicted on the Plat. All approved development shall take place
entirely within parcel 1.
. 2. Dedication of Trails. 'C
(a) Fisherman's Easement. Owner hereby dedicates I::
a fisherman's easement in the Roaring Fork River including the land ,
!
measured five feet horizontally from the edge of the river as
i depicted on the Plat.
i
( (b) Trail Easement. Owner hereby dedicates a
i fifteen foot wide trail easement within the one hundred year flood
plain as depicted on the Plat. k
I
III. PLANNED UNIT DEVELOPMENT APPROVAL AND VARIANCES 1 >
1. Rear Yard Set -Back Variance. Owner shall be
permitted to construct improvements on the subject Property with a 'i'.
• zero rear yard set -back between parcel 1 and the City of Aspen
alleyway, limited to the building footprint necessary to accommo-
date the affordable housing units as depicted on the Plat.
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2. Height 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. il
3. Parking Requirements. Owner shall be required to h
construct twelve parking spaces in the underground parking area. i'
I.
Parking spaces shall be assigned one to each affordable housing ,,
unit and two to each free market housing unit. No other parking ■1
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 f,
free market unit owners' use of the parking spaces. s,.
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4. Limitation on Development of Parcel 2. No further
development shall be permitted on parcel 2 of the s Property.
IV. CONDOMINIUMI2ATION AND DEED RESTRICTIONS i M
•
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co 1. Condomini+_:nization. Owner shall be
ndominiumize the free - market and the affordable housing units s in
the configurations depicted on the PUD plan. Owner shall cause to
be recorded a Condominium Declaration and Condominium Plat covering
J all of the condominium units.
2. Minimum Lease Terms. }
restricted to six month minimum leases, with tial units shall be
shorter no more than two ■ T.
w orer tenancies per er year in a s
accordance with S of s
+ Chapter 24 of the Municipal Code of the City of Aspen.
'
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3. Affordable Housing Impact Fee. Because Owner shall 411•111I.
• construct four affordable housing units on the subject Property,
. ' the obligation which would otherwise exist pursuant to $7-
1007A.1(c) of Chapter 24 of the Municipal Code is hereby waived.
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
Authority providing for the following: Each r it
I separately condominium zed, the
ith C housing ium Plat units shall be
each unit as containing at least 750 square
with at least 50% of the square quare feet, gr bedrooms,
j quare footage being above grade.
1 (b) The affordable housing units, with the 4111t
I exception of the initial sale by Owner to purchasers, shall be '' �
I listed through the Aspen /pitkin County Housing Authority.
(c) For purposes of sale, three of the units shall
be deed restricted to middle income t
( hat is, the highest income k
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CdtegoZ'y or category fn„r) price ,;,aoY; One C unit
deed restricted to moderate income, category three u price shall be
if
lines. price guide-
(d) For rental purposes, '
housing units shall be deed restricted to moderate of the affordable
income, category
two price guidelines, but in no event shall the square footage
rental he less than $0.89.
�
(e) For purposes of qualifying purchasers and /or j
renters of the affordable housing units, Owner shall rely upon any V
of the qualification guidelines for any income category as such are
established from time to time by the Aspen /pitkin County Housing
Authority. j 1;
shall housing unit in conjuun with the t sale d e
of afree- marketdunit
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regardless of whether or not the purchaser qualifies under afford-
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41339258 12/06/91 15:51 Rec x:45.00 13K 663 PG 866
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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.
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V. CONSTRUCTION AND IMPROVEMENTS
1. Water. Owner shall extend the existing service f'
water line to service the building sites. Domestic water shall be �"
`. obtained through the City of Aspen Water Department. 'r
• 2. Sewer Line. Owner shall extend the existing sewer L
line to service the building sites. Sewer service shall be i'
. t provided through the Aspen Consolidated Sanitation District. "y _
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t 3. Improvement District. Owner shall join an improve -
went district if such district is formed.
4. Fire Alarm System. Fire alarm and sprinkler systems
shall be designed and installed in accordance with the requirements
of the Fire Marshall.
j
5. Vegetation /Erosion. Vegetation protection and k ;
j erosion control methods shall be installed at the northern
i perimeter of parcel 1 prior to excavation and clearing and shall /
remain in place throughout construction.
6. Demolition. Demolition of the existing apartment
building on the subject Property shall not occur prior to issuance • of a building permit for new construction, unless deterioration or �
casualty to the existing structure requires demolition for health k
} and /or safety purposes.
i
VI. NON - COMPLIANCE AND REQUEST FOR AMENDMENTS
OR EXTENSIONS BY OWNER
i 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
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-
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
' Aspen that he is in compliance or a written petition requesting a d
' 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 to this Agreement should be granted with respect to any
such non - compliance which is determined to exist.
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
b
•
y a preponderance of the evidence that a non - compliance exists `
which has not been remedied, it may issue such orders as may be ap-
propriate; provided, however, no order terminating any approval �- -
granted herein shall be issued without a finding of the City of in'.
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 ■ of Aspen, and upon written notice to the Owner, terminate any of
the approvals contained herein which are reasonably related to the
! requirement(s) with which Owner has failed to comply. Alternative-
F
ly, the City of Aspen may grant such variances, extensions of time
II
or amendments to this Agreement as it may deem appropriate under '
the circumstances.
` In addition to the foregoing, the Owner or his successors
'
or assigns may, on his own initiative, petition the City of Aspen
for a variance, an amendment to this Agreement or an extension of `�
one or more of the time periods required for performance under the '
r Construction Schedules or otherwise. the City of Aspen may grant
i such variances, amendments to this Agreement, or extensions of time l'
as it may deem appropriate under the circumstances.
: VII. EASEMENTS OF RIGHTS -OF -WAY
i The Plat sets forth certain easements and rights -of -way IMMIIM
for the use of the owners of the improvements on the Property and
I the general public and which are dedicated to the perpetual use of
all utility companies and providers for the purpose of installing,
constructing, replacing, repairing and maintaining underground
utilities and drainage facilities, as more fully set forth on the'
Plat. i'
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VIII. FINANCIAL ASSURANCE
At the time Owner proposes to construct improvements on ,, -
the subject Property, a letter of credit or other financial secur- +i
ity in a form and amount reasonably satisfactory to the City of (1
i Aspen shall be provided as security for the completion of such 3 �
improvements, which amount shall be based upon the estimated costs �' .
of constructing said improvements as reflected on the engineer's
estimates attached hereto as Exhibit ^A,• unless such financial
security is waived by the appropriate administrative body. Such
restrictions as appear on the Plat and as are contained in this ',1
Agreement shall be fully enforceable by the City of Aspen in i`1.,
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 S8- 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 l,L.
• units and the construction of four affordable housing units on the
subject Property.
X. VESTING OF RIGHTS 't.
r
In accordance with S6 -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 H:;11131.1.►
rights for the purpose of constructing the improvements on the t
"i subject Real Property for a period of three years from the I !
effective date of said Ordinance. ;
i.,
XII. MISCELLANEOUS I II
.1
, 1. The provisions hereof shall be binding upon and gip•.
. inure to the benefit of Owner and the City of Aspen and their ,3'
respective successors and assigns. :CI
2. This Agreement shall be subject to and construed in 1..
accordance with the laws of the State of Colorado.
3. If any of the provisions of this Agreement or any ,, .
II paragraph, sentence, clause, phrase, word or section of the
application thereof in any circumstances is invalidated, such
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
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understanding between the parties with respect to the transactions lir
contemplated hereunder and may be altered or amended from time to
• r. 1
k time only by written instruments executed by all parties hereto. i
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K S. Numerical and title headings contained in this
Agreement are for convenience only, and shall not be deemed
r'. determinative of the substance contained herein. As used herein, ii.
> where the context requires, the use of the singular shall include
i the plural and the use of any gender shall include all genders. 1
i'
1 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 l•
I ' United States mail to the parties by registered or certified mail ► ••' f
at the addresses indicated below, or such other addresses as may be �'
, substituted upon written notice by the parties or their successors ;'i
or assigns:
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0339258 12/06/91 15;51 Rec $45.00 BK 663 PG 869
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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, 11
.. 1 Colorado 816 i
7. The terms, conditions `
herein contained shall be deemed covenants that run with and g 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,
i
I O. 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 i
having any lien, encumbrance or interest in the ro
consented to the dedications, restrictions and conditions have of
• approval set forth herein. �
IN WITNESS WHEREOF, the parties hereto have hereunto
indicated
t hfull and
understanding agreement and t o a the respectively terms and conditions herein contained.
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Owner:
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V. E HI DEVELOPMENT TRUST 41
BY: ST' I INVESTMENT CORP.,
al par ner
B l�1.
1 icha • Y. N i ey, Jr., Secretary
The City of Aspen:
Date: THE CITY OF ASPEN
By 04,
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• #3392513 12/06/91 15:51 Rec: $645.00 D K 663 PG 870 1•41.. �>ti
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
• STATE OF COLORADO )
COUNTY OF PITKIN ) as.
The foregoing Subdivisioa Agreement was acknowledged and
signed before me this /f day of &i4, , 1991, by Richard
Y1.;•lIeiley Jr. as Secretary of Australian Investment Corp., a
general partner of VALLEY -HI DEVELOPMENT TRUST.
��
. . �O\ti,C `, ; :WITNESS my hand and offic�a seal.
s
/r • c< ■ z '.My commission expires: 1
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`•' o it /A- --.MI . k .C,P_c
Notary Public 1
STATE OF COLORADO )
66.
COUNTY OF PITKIN ) ��
The foregoing S greement was acknowledged and
•
•
• ct ed ore me this .4 day of e IcE4J , 1991, by
?'� "� t� r..X.OLc , on behalf of the City Council of the City of
&Aspen.
- WITNESS my hand and official seal.
My, commission expires: ,,�/:.37/75
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033925E1 12/('6/91 15:51 fec $45.00 BK 663 PG 871
511via Davis, Pitkin f:nty Clerk, Doc $•.00
NOTICE OF PUD DESIGNATION
,' 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
the provisions of Chapter 24 of the Aspen Municipal Code. No
• development shall occur on the tract except in 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:
• '1.
Parcel One
• A parcel of land situated in E.A.A.T. and more fully described as e.
• follows: Beginning at the SW Cor. of Lot S, Blk. 26, E.A.A.T., y -':i
' thence N 14 ° 50'49" E 100.0 Ft.; thence S 75 ° 09'11" E 135.32 Ft.;
thence S 14 ° 50'49" W 100.0 Ft.; thence N 75 ° 09'11" 135.32 Ft. ;`IINWII
• Parcel Two r
j
li
A parcel of land situated in E.A.A.T. and more fully described as
"? follows: Beginning at the SW Cor. of Lot H, Blk. 26, E.A.A.T., c.
'I thence N 14 ° 50'49" E 29.11 Ft. ± to the point of intersection with s
Line 9 -10 of said E.A.A.T.; thence along said line S 74 E ; ?eli".
165.34 Ft. ±; thence S 14 ° 50'49" W 26.36 Ft. ±; thence N 75 °09'11" i.5`
.. i E 165.32 Ft. to the Point of Be i l'e. il
-1 County of Pitkin, t f,.
A State of Colorado. •
,
s
A copy of the Planned Unit Development Final Development Plan is of
record in the office of the Pitkin County Clerk and Recorder. .i
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City Clerk' : 1G-i_ 47)
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:: STATE OF COLORADO ) }
_:1 ) ss. kS
COUNTY OF PITKIN ) :
The forgoing instument was acknowledged and signed #.
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:; before me this =S day of �2Lre.,xlc� L , 1991, by Kathryn S. ,.'i
Koch, City Clerk. ,;4
'• WITNESS my hand and official? seal. $1':-:
! My commission expires::. /J7%C, .
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