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Home My WebLink AboutLand use Case.300 S Spring St.0024.2009.ASLU 2300 S. SPRING ST 0024.2009.ASLU_ VESTED RIGHTS 2737 18 2 27 001 U l. 4 7 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0024.2009.ASLU PARCEL ID NUMBER 2737 18 2 27 001 PROJECTS ADDRESS 300 S. SPRING ST PLANNER BEN GAGNON CASE DESCRIPTION VESTED RIGHTS REPRESENTATIVE SNOWMASS CORP DATE OF FINAL ACTION 06/09/09 CLOSED BY Angela Scorey on 06/26/2009 j RECEPTION#: 561638 04/2009 at 08:58:26 AM, 1 OF 3, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 37-B (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE NO. 16 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY COMMONLY DESCRIBED AS THE HANNAH DUSTIN PROPERTY, 300 S. SPRING STREET, LEGALLY DESCRIBED AS UNIT A, HANNAH DUSTIN SUBDIVISION, CITY OF ASPEN, PITKIN ~OUNTY, COLORADO Parcel Identification Number 273~-18-2-27-001 WHEREAS, the Community Development Department received an application from the Snowmass Corporation, requesting an Extension of Vested Rights pursuant to Ordinance No. 16, Series of 2006; and WHEREAS, The Aspen City Council adopted Ordinance No. 16, Series of 2006, which approved the Hannah Dustin Subdivision, and awarded Vested Property Rights status for two free market residential units, three deed-restricted affordable housing units and 2,440 square feet of office space, until July 31, 2009; and, WHEREAS, the applicant submitted the application for a three (3) year Extension of Vested Rights before the vested rights expired in 2009; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an Extension of Vested Rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended an approval for a one (1) year Extension o f Vested Rights rather than a three (3) year Extension of Vested Rights, for Unit A (Commercial Phase) of the Hannah Dustin Subdivision; and WHEREAS, the Aspen City Council has reviewed and considered an Extension of Vested Rights for Unit A (Commercial Phase) of the Hannah Dustin Subdivision under the provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that a three (3) year Extension of Vested Rights proposal is not consistent with the applicable land use standards; however, a two (2) year Extension of Vested Rights is consistent with the applicable land use standards; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion o f public health, safety, and wel fare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves a two (2) year Extension of Vested Rights for Unit A o f the Hannah Dustin Subdivision that was approved by Ordinance No. 16, Series of 2006 by the Aspen City Council, with the new vested rights expiration date of July 31, 2011, with the following conditions: 1. That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption granted in writing. Section 2: The building, 300 Spring Street, is required to provide water curtain protection for the building's openings on the east side of the building as well as sprinkler protection for ant room within the building that includes an exterior wall on the east side of the building. This measure provides interim fire protection between the subj ect building and the building known as 707 E. Hyman Avenue until a comprehensive fire protection system for the building can be installed. The initial installation' s design, or city-approved alternative fire suppression method, shall be completed by July 10, 2009, or the extension of vested rights granted within this resolution shall become null and void. The installation o f the approved design shall be completed by October 9,2009, or the extension o f vested rights granted within this resolution shall become null and void. A NFPA fire sprinkler system, or city-approved alternative system, shall be installed and completed throughout the building by the expiration date of the vested rights in the event a building permit is not issued. If a building permit is issued, the system shall be installed before the issuance of a Certificate of Occupancy. Section 3: The date upon which vested rights expire according to this resolution will be July 31, 2011, which will be considered the "Commencement Deadline" as described in the Second Amendment to Subdivision Agreement for the Hannah Dustin Subdivision, approved by Aspen City Council as Resolution No. 13, Series of 2009. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining po]lions thereof. Section 7: A public hearing on this resolution was held the 8th day of June, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper o f general circulation within the City o f Aspen. FINALLY adopted, passed and approved this 8th day of June, 2009 by a 5-0 vote. .-7 Michael C. Ireland, Mayor < Atte~p fatikq )4 WL Kathryn S. Kodi, City Clerk V Approved as to form: -John P. WorSester, City Attorney MEMORANDUM Xl \ b TO: Mayor Ireland and Aspen City Council FROM: Ben Gagnon, Special Projects Planner'~,---- THRU: Jennifer Phelan, Community Development Deputy Director DATE OF MEMO: Junelst,2009 MEETING DATE: June Ntt 2009 RE: 300 S. Spring St. Unit A, Hannah Dustin Subdivision - Extension of Vested Rights Public Hearing of Resolution No.3-~-*ries of 2009 SUMMARY: CURRENT ZONING & USE The Applicant requests City Council Located in the Mixed Use (MU) zone district. approve an extension o f vested rights of an approval to build the Commercial PROPOSED LAND USE: Phase of the Hannah Dustin project, The Applicant proposes an extension of vested including 2,440 square feet of office rights for three (3) years. space and one Category 2 affordable housing unit. ~TAFF RECOMMENDATION: Staff recommends denial of the proposed APPLICANT /OWNER: three-year extension of vested rights. However, The Snowmass Corporation staff supports a compromise in the form of a one-year extension of vested rights. REPRESENTATIVE: David Myler Esq. LOCATION: 300 S. Spring Street.; Legal Description - Unit A, Hannah Dustin Subdivision; Parcel Identification Number - 2737- 18-2-27-001 LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the City Council: â€¢ Extension of Vested Rights The City Council may by resolution at a public hearing noticed by publication, mailing and posting [see section 26.308.010(BI] approve an extension of vested rights in accordance with this section. City Council is the final review authority who may approve or deny the proposal. PROJECT SUMMARY: The Hannah Dustin Subdivision was approved by Ordinance No. 16, Series of 2006, which allowed for the development of two free market units, three Category 2 affordable housing units and 2,440 square feet of office space at the Hannah Dustin building. This approval was vested for a period of three (3) years from the date when the Development Order was issued. on July 31.2006. The vesting period allows a developer to build what was approved without having to meet any regulation changes that may occur during the vesting period. The time period also protects the municipality by ensuring that an approved development is constructed in a timely manner -- or the development is required to meet regulation changes after the vesting period has expired. Several significant events related to the construction of the Hannah Dustin project have occurred since it was approved in June 2006. As typically occurs, a Subdivision Agreement was adopted in September 2006, specifying the various required public improvements ranging from affordable housing to fee payments, drainage plans etc. An Amendment to the Subdivision Agreement was adopted in November 2006 that split construction into two phases: The Residential Phase/tjnit B (two free market units and two affordable housing units) and the Commercial Phase/lJnit A (2,440 sq. ft. of office space and one affordable housing unit). The splitting of phases accommodated the sale of the Commercial Phase/Unit A to the Snowmass Corporation. Residential Phase/Unit B Commercial Phase/Unit A Two Free Market Units One Category 2 Unit Two Category 2 Units 2.440 sq. ft. Office Space 10-unit underground garage Part of the intent of the November 2006 Amendment to the Subdivision Agreement was to assure that when one phase of the project is being built. the other phase would be completed soon thereafter. The Amendment to the Subdivision Agreement stated that one phase of the project would be granted a Certificate of Occupancy only if the other phase of the project had been issued a building permit and was 50% complete i.e. had received a framing inspection approval. The Residential Phase/Unit B obtained a building permit in 2007 and construction has been ongoing since then. In order to get a Final Certificate of Occupancy for the Residential Phase/Unit B, a building permit would have to be issued for the Commercial Phase/Unit A. and work would have to be 50% complete. Last summer and fall, the Snowmass Corporation worked with the Building Department to obtain a building permit for the Commercial Phase/Unit A, which could be issued at any time. However, when the global economy slid into recession during the past six months, the Snowmass Corporation determined that "it was not... prudent to commence construction," according to a letter from representative David Myler. As a result, the Snowmass Corporation asked for a Second Amendment to the Subdivision Agreement. Approved by City Council as Resolution No. 13 on February 23, 2009, the Second Amendment to the Subdivision Agreement effectively lays out the terms by which Snowmass Corporation would apply for a three-year extension of vested rights. At the same time, Resolution No. 13 assures that the third affordable housing unit will be provided either on-site or elsewhere, by requiring a $500,807 letter of credit from Snowmass Corporation. If Snowmass Corporation obtains a building permit before the July 31,2009 expiration of its vested rights, the $500.807 letter of credit would be reduced by 25% when a framing inspection of' the Commercial Phase/Unit A is approved (when the project is 50% complete) The balance of the letter of credit would be released if Snowmass Corporation obtains a Certificate of Occupancy (C.O.) within two years of receiving the building permit. If a C.O. is not issued before the two-year period, the City would retain the balance of the deposit. If the current vested rights period is extended to July 31, 2012, and if Snowmass Corporation obtains a building permit before July 31, 2012, the same arrangement would apply: The $500,807 letter of credit would be reduced by 25% when a framing inspection of the Commercial Phase/Unit A is approved (at 50% completion of the project) - and the balance of the letter of credit would be released if Snowmass Corporation obtains a Certificate of Occupancy within two years of receiving the building permit. Snowmass Corporation has recently delivered the $500,807 irrevocable letter of credit to the City of Aspen. The only scenario in which the City of Aspen would convert the $500,807 letter of credit into cash is if Snowmass Corporation fails to obtain a building permit before its vested rights expire - whether that occurs under the current schedule on July 31, 2009, QI on July 31, 2012, if Council chooses to extend the vested rights until that date. If Snowmass Corporation fails to obtain a building permit before its vested rights expire and the City converts the letter of credit to cash, Snowmass Corporation would still be able to obtain a building permit for the Commercial Phase/Unit A - but would be subject to the Land Use Code requirements in place when Snowmass Corporation applies for the building permit. Section 5 of the Second Amendment of the Subdivision Agreement addresses this scenario. Titled -Housing Mitigation Credit." Section 5 would allow Snowmass Corporation to apply some or all of the $500,807 to pay for any new mitigation that may be required i f the Land Use Code is changed after the vested rights expire and before Snowmass Corporation applies for a building permit. Although Section 5 allows for Snowmass Corporation to request that some or all o f the $500.807 be used in this manner - "the City is under no obligation to issue any credit," according to the agreement. STAFF COMMENTS: The fundamental question before City Council is one of timing. Does the Council acknowledge the applicant's desire to delay construction due to the weak financial climate, or does the Council wish to see the Commercial Phase constructed as soon as possible? In terms of the third affordable housing unit required as mitigation - it will either be delivered in the form of $500,807, or as a third affordable housing unit in the Commercial Phase. The fundamental question is: When will the mitigation be provided? If the Council extends the applicant's vested rights for three years. the third of three affordable housing units would either be built and ready to occupy by July 31, 2014 - or the City would get $500,807 at that time to provide an affordable housing unit elsewhere. If the Council does not extend the applicant's vested rights, the third of three affordable housing units would be built and ready to occupy by July 31, 2011 -- or the City would get $500,807 at that time to provide an affordable housing unit elsewhere. From the City's perspective, staff prefers to see the affordable housing unit constructed sooner rather than later, particularly since the three affordable housing units were mitigation for the free market residential units in the Residential Phase, which has obtained a Conditional Certificate of Occupancy and is expected to obtain a final C.O. by mid-June. The criteria for evaluating an application for extension of vested rights includes weighing "the needs of the city and the applicant ..." (emphasis added; please see Exhibit A.) With a substantial amount of empty office space available for lease in the downtown area, staff understands why Snowmass Corporation does not want to proceed with the Commercial Phase of the project. However, staff must weigh the need to mitigate for free market units that are already completed against the desire of the applicant to delay construction in the hope that the economy improves. . The First Amendment to the Subdivision Agreement purposefully ties the two phases of the project close together in time. The Second Amendment to the Subdivision Agreement outlines the terms of a potential extension of vested rights, but does not explicitly endorse such an extension. Staff believes that criterium d) under Section 26.308.010(C)1 Extension or Reinstatement of Vested Rights, which asks whether the "needs of the City ... would be served" intentionally allows for some discretion in rendering a decision on extending vested rights. Staffs opinion is that "the needs of the city" would not be served by granting a three-year extension of vested rights, which could result in mitigation being provided five years after the impact is created. In addition, criterium c) under Section 26.308.010(C)1 asks the Council to address "The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications." Staff finds that the City has not "already received" the full extent of the benefits required in Ordinance No. 16. Series of 2006, and under an extension of vested rights, might not receive those full benefits until July 31, 2014. However, staff is cognizant of the difficult economic times. and would support a one-year extension of vested rights. Included with this memo are two Resolutions. one would approve a three-year extension of vested rights as requested by the applicant and the alternative resolution would approve a one-year extension of vested rights as recommended by staff. RECOMMENDATION: Staff recommends denial of a three-year extension of vested rights, but asks Council to consider a one-year extension, as outlined in Resolution No. 3*-B CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: 1 move to adopt Resolution No. 5~-:B. Series of 2009, with conditions." ATTACHMENTS: Exhibit A - Staff Findings Exhibit B - Application Exhibit C - Ordinance No. 16, Series of 2006 Exhibit D - Subdivision Agreement Exhibit E - First Amendment to Subdivision Agreement Exhibit F - Second Amendment to Subdivision Agreement - Yg_ t.07 3 EXHIBIT G~~ MEMORANDUM To: Mayor Ireland and Aspen City Council FROM: Jennifer Phelan, Deputy Planning DirectoLD, RE: 300 S. Spring St., Fire Protection Issue DATE: June 8,2009 Today, city council will be considering a request on behalf of the Snowmass Corporation for an extension of vested rights. As outlined in the staff memo to council, the property is approved for redevelopment as a mixed-use project. Approved development for the site includes: a new building containing two free-market residences and two affordable housing units as well as an addition to the existing commercial building containing new commercial and an affordable housing unit. This approved development has been divided into two components: the residential phase (new building) and the commercial phase (existing building with addition). The residential phase is complete and the applicant is requesting a longer timeline to complete the commercial phase. As a result of the potential delay of the development of the commercial phase, the Building Department is concerned with fire separation between the two buildings on the site. 300 S. Spring contains openings (doorways and windows) on the east side of the building that do not meet building code for permitted openings with the development of the residential phase. This fire separation issue was anticipated to be handled with the remodel and redevelopment of the commercial phase; however, with the potential delay of the commercial phase, the building department is requesting an interim measure to address fire separation requirements of the International Building Code. Following is a condition (condition 2) that should be included with Resolution No. 37 (Series of 2009) to address interim fire protection. Condition 2. The building, 300 Spring Street, is required to provide water curtain protection for the building's openings on the east side of the building as well as sprinkler protection for any room within the building that includes an exterior wall on the east side of the building. This measure provides interim fire protection between the subject building and the building known as 707 E. Hyman Avenue until a comprehensive fire protection system for the building can be installed. The initial installation's design, or city approved alternative fire suppression method, shall be completed by July 10, 2009, or the extension of vested rights granted within this resolution shall become null and void. The installation of the approved design shall be completed by October 9,2009, or the extension of vested rights granted within this resolution shall become null and void. A NFPA 13 fire sprinkler system, or city approved alternative system, shall be installed and completed throughout the building by the expiration date of the vested rights in the event a building permit is not issued. If a building permit is issued, the system shall be installed before issuance of the Certificate of Occupancy. RESOLUTION NO.~-A (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE NO. 16 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY COMMONLY DESCRIBED AS THE HANNAH DUSTIN PROPERTY, 300 S. SPRING STREET, LEGALLY DESCRIBED AS UNIT A, HANNAH DUSTIN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel Identification Number 2735-18-2-27-001 WHEREAS. the Community Development Department received an application from the Snowmass Corporation, requesting an Extension of Vested Rights pursuant to Ordinance No. 16, Series of 2006; and WHEREAS, The Aspen City Council adopted Ordinance No. 16. Series of 2006, which approved the Hannah Dustin Subdivision, and awarded Vested Property Rights status for two free market residential units, three deed-restricted affordable housing units and 2,440 square jeet of office space, until July 31,2009; and. WHEREAS, the applicant submitted the application for a three (3) year Extension of Vested Rights before the vested rights expired in 2009; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an Extension of Vested Rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended an approval for a one (1) year Extension of Vested Rights rather than a three (3) year Extension of Vested Rights. for Unit A (Commercial Phase) of the Hannah Dustin Subdivision; and WHEREAS, the Aspen City Council has reviewed and considered an Extension of Vested Rights for Unit A (Commercial Phase) of the Hannah Dustin Subdivision under the provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that a three (3) year Extension of Vested Rights proposal is consistent with the applicable land use standards: and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and wel fare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves a three (3) year Extension of Vested Rights for Unit A of the Hannah Dustin Subdivision that was approved by Ordinance No. 16, Series of 2006 by the Aspen City Council, with a new vested rights expiration date of July 31,2012, with the following conditions: 1. That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical. and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption granted in writing. Section 2: The date upon which vested rights expire according to this resolution is July 31, 2012. which will be considered the "Commencement Deadline" as described in the Second Amendment to Subdivision Agreement for the Hannah Dustin Subdivision, approved by Aspen City Council as Resolution No. 13, Series of 2009. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Section 5: If any section, subsection, sentence. clause, phrase. or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing on this resolution was held the 8th day of June. 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City of Aspen. FINALLY adopted, passed and approved this 8th day of June, 2009 by a vote. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney RESOLUTION NO.~-8 (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE NO. 16 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY COMMONLY DESCRIBED AS THE HANNAH DUSTIN PROPERTY, 300 S. SPRING STREET, LEGALLY DESCRIBED AS UNIT A, HANNAH DUSTIN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel Identification Number 2735-18-2-27-001 WHEREAS, the Community Development Department received an application from the Snowmass Corporation, requesting an Extension of Vested Rights pursuant to Ordinance No. 16. Series of2006; and WHEREAS, The Aspen City Council adopted Ordinance No. 16, Series of 2006, which approved the Hannah Dustin Subdivision, and awarded Vested Property Rights status for two free market residential units, three deed-restricted affordable housing units and 2,440 square feet of office space, until July 31,2009: and. WHEREAS, the applicant submitted the application for a three (3) year Extension of Vested Rights before the vested rights expired in 2009; and, WHEREAS. pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an Extension of Vested Rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended an approval for a one (1) year Extension of Vested Rights rather than a three (3) year Extension of Vested Rights, for Unit A (Commercial Phase) of the Hannah Dustin Subdivision; and WHEREAS, the Aspen City Council has reviewed and considered an Extension of Vested Rights for Unit A (Commercial Phase) of the 1Iannah Dustin Subdivision under the provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that a three (3) year Extension of Vested Rights proposal is not consistent with the applicable land use standards; however, a one (1) year Extension of Vested Rights is consistent with the applicable land use standards; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves a one (1) year Extension of Vested Rights for Unit A of the Hannah Dustin Subdivision that was approved by Ordinance No. 16, Series of 2006 by the Aspen City Council, with the new vested rights expiration date of July 31, 2010, with the following conditions: 1. That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including. but not limited to, building, fire, plumbing, electrical. and mechanical codes, and all adopted impact fees that are in effect at the time of building permit. unless an exemption granted in writing. Section 2: The date upon which vested rights expire according to this resolution will be July 31, 2010, which will be considered the "Commencement Deadline" as described in the Second Amendment to Subdivision Agreement for the Hannah Dustin Subdivision. approved by Aspen City Council as Resolution No, 13, Series of 2009. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Section 5: If any section, subsection, sentence, clause. phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing on this resolution was held the 8th day of June, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City of Aspen. FINALLY adopted, passed and approved this 8* day of June, 2009 by a vote. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Exhibit A Review Criteria & Staff Findings 26.308.010(C)1 Extension or Reinstatement of Vested Rights. The City Council may by resolution at a public hearing noticed by publication. mailing and - - posting approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 1. In reviewing a request for the extension or reinstatement of vested rights, the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application jor extension or reinstatement. Staff Finding: All fees have been paid and most public improvements have been completed as required under Ordinance No. 16, Series of 2006, with regard to work on the Residential Phase/Unit B. 1 he Building I)epartment has issued a conditional Certificate of Occupancy (CO) for the Residential Phase/Unit B. The conditions of approval include a series of minor corrections that must be completed before a CO is issued. All required public improvements will have been completed before a Final CO is issued. However, the record indicates that the three affordable housing units required under Ordinance No. 16, Series of 2006, were to mitigate the residential free market units that are nearing completion in the Residential Phase. While two affordable housing units are also nearing completion in the Residential Phase, the third is to be built as part of the Commercial Phase. Due to this condition, the City has required Snowmass Corporation to provide a $500,807 irrevocable letter of credit, so that a similar housing unit could be provided elsewhere if Snowmass Corporation does not obtain a building permit for the Commercial Phase before its vested rights expire. For this reason, staff finds this criterium has been met. b. The progress macie in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project. Staff Finding: Snowmass Corporation has gone through the building permit process with the Building Department for the Commercial Phase, and may obtain such a permit at virtually any time. Snowmass Corporation has chosen not to obtain the building permit due to economic conditions. Staff finds this criterium has been met. c. The nature and extent of any benejits already received by the City as a result Of the project approval such as impact fees or land dedications. Staff Finding: The three affordable housing units required in Ordinance No. 16. Series of 2006. were mitigation for the two residential free market units that are soon to be completed. Under an extension of vested rights, the third of these affordable housing units might not be ready for occupation until July 31,2014. Staff finds this criterium has not been met. d. The needs of the City and the applicant that would be served by the approval oj the extension or reinstatement request. Staff Finding: If the Council extends the applicant's vested rights for three years, the third of three affordable housing units would either be built and ready to occupy by July 31, 2014 - or the City would get $500,807 at that time to provide an affordable Housing unit elsewhere. lf the Council does not extend the applicant's vested rights, the third of three affordable housing units would be built and ready to occupy by July 31, 2011 -- or the City would get $500,807 at that time to provide an affordable I-lousing unit elsewhere. This application for an extension of vested rights is apparently based on the applicant s concern about current economic conditions. When the global economy slid into recession during the past six months. the Snowmass Corporation determined that -it was not... prudent to commence construction," according to a letter from representative I)avid Myler. Staff believes the city's need for affordable housing, in this case to mitigate for two free market residential units that will be completed within a matter of weeks, outweighs the needs o f the applicant to wait and see if the economic climate improves. The fact that the economy is in a poor condition does not alleviate the applicant of the underlying responsibility to mitigate for a project's impacts. The strength or weakness of the national/global economy is part of the fundamental risk and reward for any developer, and not a condition that local government is responsible to ameliorate. Staff finds this criterium has not been met. 2. An extension or reinstatement may be in the jorm of a written agreement duly authorized and executed by the applicant and the City. Reasonable conditions may be imposed by the City Council including, but not limited to, compliance with any amendments to this Title adopted subsequent to the effective date of the development order and associated vested rights. Staff Finding: This is not a criteria, but outlines an option for City Council to impose conditions on an extension of vested rights. Staff is recommending denial of the extension of vested rights. Eywvt B . THE MYLER LAW FIRM, P.C. TELEPHONE DAVID J. MYLER' (970) 927-0456 A Colorado Professional Corporation ROBYN J MYLER 123 FACSIMILE (970) 927-0374 ADMITTED IN CO', NY', cr 211 MIDLAND AVENUE EMAILS SUITE 201 dmyler@mylerlawpc,com BASALT, C01.ORADO 81621 rmyler@mylerlawpc.com RHONDA E NEFF, LEGAL ASSISTANT _ -_-_ _ meff@mylerlawpc.com - - -- -- CONNIE A WOOD, LEGAL ASS]STANT cwood@mylerlawpc.com March 25,2009 44/ h V t U Â·Â« 2 7 Aspen City Council . 2009 130 South Galena Street 204!Mok'iri AFI,;24- 1-1 4 Aspen, CO 81611 4. P tLOPMENT RE: Application for Extension of Vested Rights for Construction of Commercial Phase of Hannah Dustin Subdivision Ladies and Gentlemen: Pursuant to Ordinance No. 16, Series of 2006, the City Council approved a mixed use development known as Hannah Dustin. The project consists of a Residential Phase and a Commercial Phase. The Residential Phase contains two (2) free market units, two (2) deed restricted units and ten (10) underground parking spaces, eight (8) of which are to be available for use by the owners or tenants of the Commercial Phase. The Commercial Phase consists o f 2,440 square feet of office space and one (1) deed restricted unit. In 2006, the initial developer conveyed the parcels on which the Residential Phase and the Commercial Phase are to be developed to separate developers. Hyman Street Brownstones, LLC purchased the property on which the Residential Phase was to be developed and the Snowmass Corporation purchased the property on which the Commercial Phase was to be developed. Contemplating that the phases would not be undertaken and completed simultaneously, but recognizing that certain community benefits (in particular, affordable housing and structured parking) for the entire project were located in each of the phases, the owners and the City amended the initial Subdivision Agreement to provide that a Certificate of Occupancy for one phase would not be issued until the other phase was at least 50% complete and that the owner of the incomplete phase was able to provide evidence of financing sufficient to complete that phase. The Residential Phase, including two (2) affordable housing units and all of the underground parking, is nearing completion. However, the Snowmass Corporation has not been able to begin construction of the Commercial Phase and, thus, will not be able to satisfy the 50% completion requirement by the time that the Residential Phase will be eligible for a Certificate of Occupancy. The Snowmass Corporation spent several months last summer and fall processing its application for a building permit. The process was substantially delayed in order to work with the THE MYLER LAW FIRM, P.C. Aspen City Council March 25,2009 Page 2 Building Department to redesign significant elements of the office addition to accommodate new requirements and requests relating to handicap access. That process has been completed and the Building Department is prepared to issue a permit for construction of the Commercial Phase at any time. In addition, Snowmass Corporation obtained, last fall, a commitment from Bank of America for construction financing sufficient to complete the Commercial Phase. Snowmass Corporation was prepared to commence construction with the expectation that they could achieve 50% completion prior to the time that the Residential Phase would be eligible for a Certificate of Occupancy when the financial climate began to change for the worse. Although the financing remains available, it was not considered prudent to commence construction last fall or at the present. The Subdivision Agreement was amended in February 2009 to obtain additional time to commence and complete the Commercial Phase in order to better understand the economic situation, while at the same time removing obstacles to the issuance of a Certificate of Occupancy for the Residential Phase. A new deadline for commencement of the Commercial Phase was created. In addition, Snowmass Corporation provided a cash deposit in the amount of $500,807.25, which can be replaced with an irrevocable letter of credit. The deposit will be forfeited if the Snowmass Corporation does not commence construction of the Commercial Phase, including a two-bedroom Category II affordable housing unit, by July 31, 2009. The amount of the deposit is equal to the cash-in-lieu fee for the number of employees to be housed by the Commercial Phase and, thus, will provide the City with the full mitigation required by the project if the Commercial Phase is not constructed. Snowmass Corporation fully intends to begin construction ofthe Commercial Phase as soon as financial and market conditions permit. Pursuant to the Second Amendment to Subdivision Agreement, if we begin before the deadline, the deposit will be refunded. If not, the deposit will be forfeited. In short, Snowmass Corporation is attempting to achieve some flexibility in determining when to begin its project and, at the same time, to provide financial assurances that the project's mitigation requirements will be satisfied. We do not perceive that the City has any risk. Two (2) of the three (3) affordable housing units and all ten (10) of the parking spaces are complete. The third affordable housing unit will be constructed when the Commercial Phase is completed and, in the meantime, the City has an adequate financial assurance that the project' s housing mitigation requirements will be satisfied even i f the Commercial Phase is not constructed. An important aspect of flexibility in this case is the extension of the current vested rights period from July 31, 2009 to July 31,2012. A three-year extension will afford the opportunity to gain a better understanding of market conditions in order that there will be a reasonable likelihood of attracting new tenants to the new space once it is completed. It is not in the best interest ofeither . THE MYLER LAW FIRM, P.C. Aspen City Council March 25,2009 Page 3 Snowmass Corporation or the City for the space to be vacant for too long. We would greatly appreciate your willingness to accommodate this request. Very truly yours, TnE MYLER~Â§>W FIRM, P.C. h (/ / LAS-a=_A r\-- David J. Myler 57/111/1- C P312 -k ORDINANCE NO. 16 (SERIES OF 2006) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDmONS THE HANNAH DUSTIN BUILDING SUBDIVISION TO ADD 2,440 SQUARE FEET OF NET LEASABLE SPACE, TWO FREE MARKET RESIDENTIAL UNITS, AND THREE AFFORDABLE HOUSING UNITS TO THE PROPERTY LOCATED AT 300 SOUTH SPRING STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-27-001 WHEREAS, the Community Development Department received an application from Hyman Avenue Holdings, LLC, represented by Stan Clauson Associates, LLC, requesting approval of subdivision, various growth management reviews, commercial design review, and condominiumization to add 2,440 square feet of net leasable space, two (2) free-market residential units, and three (3) affordable housing units to the Hannah-Dusting Building located at 300 S. Spring Street; and, WHEREAS, the subject property contains 12,000 square feet andÂ·is zoned MU (Mixed Use); and, WHEREAS, upon review ofthe application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a public hearing on April 4,2006, the Planning and Zoning Commission approved Resolution No. 09, Series of 2006, by a six to zero (6-0) vote, approving a growth management review for expansion of mixed use development, a growth management review far free-maIket residential units within a mixed use development, a growth management review for affordable housing, commercial design review, a commercial design standard variance, special review to vary the utility/trash/recycling area, and recommending that City Council approve with conditions, the proposed Subdivision and condominiumization to add 2,440 square feet of net leasable space, two (2) free- market residential units, and three (3) affordable housing units to the Hannah-Dusting Building located at 300 S. Spring-Street; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WILEREAS, the Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Cominunity Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. 1]111111111111-1 lil li - lili].111 lili- 1 07/12/2005 05:55 526319 Page: 1 of 5 3 WICE K VOS CALD<.L VITKIN CCJR-Y C. R 31.00 D 0.00 P313 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: - Pursuant to the procedures and standards set fmth in Section 26 of the City of Aspen Municipal 0 Code, (and whereas the Planning and Zoning Commission approved with conditions, a growth management review for expansion of mixed use development, a growth management review for free-market residential units within a mixed use development, a growth management review for affordable housing, commercial design review, a commercial design review variance, and special review to vary the utility/trash/recycling area dimensions), the City Council approves, the proposed Subdivision and condominiumization to add 2,440 square fept of net leasable space, two (2) free-market residential units, and three (3) affordable housing units to the Hannah- Dusting Building located at 300 S, Spring Street, with the conditions contained herein. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivaion, within 180 days ofapproval. Section 3: Building Permit Application The building bermit application shall include the following: a. A copy of the final City Council Ordinance and P&Z Resolution. b. The conditions ofapproval printed on thecoverpage ofthe building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing ally drainage improvements. e. A construction management plan pursuant to the Building Department' s requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. , f. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. lilillillill ilifil lilia filli li~lillill I illilit illill 526319 Page: 2 of 5 07/12/2006 05:55 JANICE K VDS CAUDILL P.TKIN COLN-Y CO R 31.00 D 0.03 P314 Section 4: Dimensional Requirements The Hannah-Dustin building shall continue to be in compliance with the dimensional requirements of the Mixed Use (MU) Zone District. The City of Aspen Zoning Officer shall verify compliance 'with the allowed dimensional requirements at the time of building permit submittal. Section 5: Off-street Parking The project shall provide sixteen (16) off-street parking spaces, four (4) of which shall be designated for the use of the free market residential units, three (3) of which shall be designated for use by the afforddble housing units, and nine (9) of which shall be designated for the use of the commercial space and guest parking. Section 6: Sidewalk and Landscaping Improvements The Applicant shall install a sidewalk detached from the curb with a parkway strip along East Hyman Avenue for the length of tile property frontage that meets the City Engineer's standards prior to issuance of a certificate of occupancy on any portion of the development. Appropriate street tree plantings shall occur in the parkway strip along the property frontage on both East Hyman Avenue and South Spring Street. The A];plicant shall submit a landscaping plan for plantings in the right-of-way for review and approval by the City Parks Department prior to installation of right-of-way plantings. Section 7: Trash/Utility Service Area A tash/utility service area with a linear footage of fourteen (14) feet and a depth often (10) feet shaIl be provided between the existing building and the alleyway. A trash compactor shall be installed to justify the reduction in the trash/utility/recycling area. Section 8: Affordable Housing Unit The Applicant shall record a deed restriction on each ofths affordable housing units prior to the issuance of a certificate of occupancy on the building classifying the units as Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 6f a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to tho issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. Section 9: Fire Mitieation The Applicant shall install a fire sprinkler system and alarm system that meets. the requirements of the Fire Marshal in the entire building, including existing spaces. Section 10: Water Department Requirements The Applicant shall comply with the City of Aspeh Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing 1 li=I li-Ill lillu ill Hil ilit-I lillil 1 1 illillill lim 526319 Page: 3 of 5 07/12/2005 08:55 JAA.CE K VOS CAUD-LL P. TKIN COUN-Y CO R 31,00 D 0.00 P 315 Advisory Code) of the Aspsn Municipal Code, as required by the City of Aspen Water Department. Each ofthe units within the building shall have individual water meters. Section 11: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. All improvements below grade shall require the use of a pumping station. If more than one unit is to be served by a sirigle service line, the Applicant shall enter into a shared service line agreement. Section 12: Electrical Department Requirem6nts The Applicant shall have an electric connect load surrmary conducted by a licensed elÂ©ctrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the Hannah-Dustin Redevelopment. If a new supplemental transfonnef is required to be installed on the Hannah-Dustin property, the Applicant shall provide for a new trans former and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the st*plemental transformer for maintenance purposes, ifa supplemental transformer is installed. Section 13: Erterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575,150, Outdoor lighting. Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shalI pay a fee-in-lieu of land dedication prior to bui]ding permit issuadce, The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittaL The Applicant shall provide ' the market value of the land including site improvements, Â·but excluding the value of structures on the site. Section 15: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee in the amount of $19,176.20 prior to building permit issuance, The fee is assessed based' on the following calculalion: Proposed Commercial: 2,440 SF of new net leasable square feet multiplied by $ 1,530.00 per 1,000 SF=$3,733.20 Proposed Residential 2 (four-bedroom) Free Market Residential Unit multiplied by $3,634 pdr unit= $7,268.00 3 (two-bedroom) Residential Units multiplied by $2,725 per unit= $8,175.00 Total: $19,176.20 1 111111111Yllifil Illl lili llilillitilli Ill lilli lili lili 07/1Z/Z005 05:55 526319 Page: 4 of G JANICE K VOS CAUDILL PITKIN COUNTY CO R 31,00 D 0.00 P316 Section 16: Impact Fees All other impact fees, as applicable, at the time of building permit submission shall be paid prior to the issuance of a building permit. Section 17: Emplovee Housing Mitigation The development shall contain gross affordable housing floor area equal to or greater than 30% of the gross free-market residential floor area. This percentage shall be verified by the City Zoning Officer prior to building permit issuance. Section 18: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. - Section 19: This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now. pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded undersuch prior ordinancds. Section 20: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 21: A public hearing on the ordinance shall be held on the 12~ day of June, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which, a public notice ofthc same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as p 'ded by law, by the City Council of the City of Aspen on the 24*' day ofA.pril, 200 ) HelÂ¢5410*4662~<M~~r~'~~ 1Â¥D 4-kfat FINALLY, a*Dted, pasied and appro*Rf this 2/ day ofJune, 2006. Attgst: rga4O 74*- Kathrn S. ch, Cify Clerk Helen Kalin Klaâ€¢tle}li~Olayor 526319 -- 07/12/2005 08:55 Page; 5 of 6 JANICE K &05 0 u..LL PIT:IN COUNY C. R 31.00 0 0.00 -- '1.-'.....Â»........1....1..........1.--m..0---.-....1.1---1....--1.1-*i----I --1 P317 APPROVED AS TO FORM: Jilar*oFBester, City Attorney 1 111111 lili 111111 lili lili ll'1111111111111 lilli lili lili 07/12/2005 08:5 526319 Page: 6 of 5 JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 D 0.00 - Exti-113 uÂ»~ SUBDIVISION AGREEMENT FOR THE HANNAH DUSTIN SUBDIVISION THIS SUBDIVISION.AGREEMENT is made and entered info this 14 dayof 54440061 by and between THE C[TYOF ASPEN, COLORADO, a municipal corporatlon (hereinaher referred to as the "City") and Hyman Avenue Holdings, LLC a Colorado limited liability company (hereinafter referred to sometimes as the Applicant" and sometimes as "Hyman Avenue Holdings"), WITNESSETH: WHEREAS, Hym4 Avenue Holdings has submitted to the City an "Application'l consisting of a request forapproval from subdjvision, various growth rhanagement reviews, commercial design review; and condominiumizaton to add 2,440 square feet of net leaseable space, two (2) free market residential units, and three (3) affordable housing units to be consolidated, platted and known as the Hannah Dustin Subdivision (the "Property"), which Application requested the approval, execution and recordation of a Final Subdilsion Plat of the Property (the "Final Plat"); and WHEREAS, the City has fully considered and approved the Application, Final Plat, and the proposed development and improvement of the Property pursuant to Ordinance No. 16 (Series of 2006), and the effects of the propoged development and improvements of said' Property on adjoining or neighbofing propertiet and property owners; and WHEREAS, the City has, imposed certain conditions and requirements in connection with its approval of the Application, and its execution and recordation of the Final Plat, such mattem . being necessary to promote, protect, and enhance the public health, salaty, arid general welfare: and WHEREAS, Hyman Avenue.Holdings is willing to acknowledge, accept, abide by, and faithfully perform the conditions and equirements imposed by the City in approving the Application, and the Final Plat; and WHEREAS, under the authority of Sections 26.445.070 (C and D) and 26.4B0.070 (C and D) of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure that the required public facilities are installed and Hyman Avenue Holdings is prepared to provide such guarantaes that hereinafter set forth; and WHEREAS, contemporaneously with the execution- and recording of this Subdivision Agreemant the City and Hyman Avenue Holdings have executed and recorded the Final Plat in Plat Book4 / at Pagel/~ , Reception No.535934 in the ofice of the Clerk and Recorder of Pitkin County, Colorado, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution, and acceptance of this Subdivision Agreement for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: -- - il#i##///##//## 1/##0/Eliti#/#/1//illim 528933 Page: 1 of 13 {00036009.DOC/ 1) 03/25/Z003 03:121 1 JANICE K vos CAUDILL PrEKIN COUNTY CO R 51.00 D 0.00 P3 do ARTICLE I PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1 Purpose. The purpose of this Subdivisiori Agreement is to, along with the Final Plat, set forth the complete and compiehensive understanding and agreement of the parties with respect to the development of the Hannah Dustin Subdivision and to enumerate all tem-~s and conditions under which such development may occur. 1.2 Effect. It is the intent ofthe parties that this Subdivision Agreement and the Final Plat shall effectively supersede and replace in their entirety all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations; and other documents and agreements encumbering the Property, including and without -, limitation those mattem identified in Article V below (collectively, the "Prior Approvals and Instruments"), but expressly excluding the following which shall not be superseded and replaced bv this Subdivision Agreement: (a) The terms and conditions of City of Aapen Ordinance No. 16, Seties of 2006, recorded on July 12, 2006 as Reception No. 526319, Pitkin County, Colorado; (b) The terms and conditions of the Amended and Restated Condominium Declaration of Hannah Dustin, a Condominiumjecorded on August 29,2006 as Reception No. 527925, Pitkin County, Co16rado (including any subsequent amendments thereto); and (c) The terms and conditions ofthe First Amended Plat ofthe Hannah Dustin Condominjums, recorded on August 29,2006 in Plat Book 80 at Page 3, Reception No. 627927, Pitkin County, Colorado (including any subsequent amendments thereto). ARTICLE Il ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinances. Pursuant to Ordinance No. 16 (Series of 2006), the Aspen City Council granted Subdivision approvals, providing for the development an additional 2,440 s. f. of net leasable space, two (2) free-market residential units, and three (3) deed-restricted affordable housing units, on the Property located at 300 South Spling Street, Aspen, Pitkin County, Colorado (collectively, the "Project"). This Subdivision Agreement and the Final Piat incorporate all of the pertinent provisions of Ordinance No. 16 (Series of 2006). In the evant of any inconsistencies between the provisions of Ordinance No. 16 (Series of 2006) and the provisions of this Subdivision Agreement and the Final Plat, the provisions of this Subdivision Agreement and the Final Plat shall ContiDI. 2.2 Dimensional Requirements. Ordinance No. 16 (Series of 2006) established and approved & multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units of the Hannah Dustin Subdivision. The redevelopment of the building as presented complies with the dimensional requirements of the Mixed-Use (MU) Zone District. The structure shall meet all ofthe required Commercial Design Standards applicable to a multi-family building. Compliance with thebe requirements will be verified by the City of Aspen Zoning Officer at the time of building permit review. 2.3 Off-street Parking. The project shall provide sixteen (16) off-street parking spaces, four (4) of which shall be designated for the use of the free market residential units, three (3) of which {00036009.DOC/ 1} 2 I illiti 1--111111111 -11- lillir lil- lili--111 lilli lili ll' 03/25/2006 09:12( 528933 Page; 2 of 20 JANICE K VDS CRUDILL PITIEN COUN-Y CO R 51,00 D 0.00 P301 shall be designated for use by the affordable housing units, and nine (9) required spaces which shall be for the use of the commercial space and guest parking. 2.4 Affordable Housing. The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record - a deed restriction on each of the affordable housing units at the time of recordation of the condominium map and prior to the. issuance of a Certificate of Occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units tb the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The unjtgmaybe deed-restricted as rental units, but the units shall become ownership units at such time as the owners Would request a change to Tor-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance wRh the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. ARTICLE 1[1 APPROVALS AND EXEMPTIONS 3.1 Sidewalk and Landscaping Improvements. Prior to issuance .of a certificate of occupancy for any portion of the development, the-Applicant shall have installed aÂ·sidewalk with a parkwaystrip meeting the City Engineefs design requirements along the entire lot frontage abutting East Hyman Avenue. Appropriate street tree plantings shall occur in the parkway strip along the property frontage on both East Hyrhan.Avenue and South SpringStreet The Applicant shall submit a landscaping plan for plantings in the right-of-way for review and approval by the City Parks Department prior to installation of Tight-of-way plantings. 3.2 Trash/Utility Service Area. A trashlutility service area with a linear footage of fourteen (14) feet and a depth of ten CIO) feet shall be provided between the existing building and the alleyway. A trash compactor shall be installed to justify the reduction in the trash/utility/recycling area. 3.3 School Lands Dedication Fee. Pursuant to Land Use Code Section 26.630, Schoof Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication in conjunction with any residential development in the subdivision. Thd Applicant shall pay the school lands dedication fee associated with the subdivision as calculated by the City Zoning Officer using the dedication schedu]e prior to building permit issuance as set forth in Land Use Code Section 26.630.030, School Lands Dedication: Dedication Schedule. The Applicant shall provide the market value of the land including site improvemdnts, but excluding the.valua of structures on the site. 3.4 Park Development Impact Fee. Pursuant to Land Use Code Section 26.610, Park Development impact Fee, the Applicant shall pay a park development fee in the. amount of $19,176.20 prior to building permit issuance. The fee is assessed based on the following calculation: Proposed Commercial: 2,440 s. f. of new net leasable square feet multiplied by $1 :530.00 per 1,DOD s.f. = $31733.20 {60036009.DOC/ 1} 3 528933 Â· ~ 1 lill~ Illi-Ilnul[ Illift Ill' MI' lillilll l~Ill 06/25/2005 03: 121 Page: 3 of 10 JANICE K VDS CAUDILL PITK-N COLNTY CO R 51.00 D 0.00 P302 Proposed Residential: 2 (four-bedroom) Free Market Residential Units multiplied by $3,634 per unit = $7,268.00 3 (two-bedroom) Residential Units multiblied by $2,725 per unit = $8,175.DO Total: $19,176.20 3.5 Impact Fees. The Applicantwillpayallimpactfees shall be paid prior to the issuance to the issuance of a building permit. 3.6 Employee Housing Mitigation. The development shall contain gross affordable housing floor area equal to or greater than 30% free-market residential floor area. This percentage shall be verified by the City Zoning Officer prior to building permit issuance. 3.7 Water Department Standards. Hyman Avenue'Â·Holdings shall complywith the City of Aspen Water System Standards, with Title 25 of the City of Aspen Municipal Code, and with applicable standards of Title 8 of the City's Municipal Code (Water Conservation' and Plumbing Advisory Code), as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. 3.8 SanHation District Standards. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations with respect to the Project: (a) Sanitation service is contingent upon Hyman Avenue Holdings compliance with ACSD rules, regulations, and specifications at the time of construction; (b) All clearwater connections are prohibited, i.e., ground water (roof, foundation, perimet6r, patio drains), including entrances to underground parking garages (if any); (c) All improvements below grade development shall require installation of a pumping Â·station; (d) Shared service line agreements are required where more than one unit is served by a single service line; (e) All ACSD total cohnection.fees must be paid prior to the issuance of a building permit. 3.9 Electrical Department Requirements. The Appiicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the Hannah Dustin Redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall pmvide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to acceds the supplemental tansformer for maintenance purposes, if a supplemental transformer is installed. 3.10 Subdivision Plat The Final Plat shall be recorded in the Office of the Clerk and ~ Recorder of Pitkin County, Colorado within 180 days after City Council's final approval of Ordinance No. 16(Series of 2006). 3.11 Subdivision Aareament This Subdivision Agreement shall be recorded within 180 I [00036009.vul./ 1 j 4 09/25 /2005 09: 121 528933 Page: 4 of 10 JANICE K VOS CAUDILL PITKIN COUNTY CO R 51.00 D 0.00 P303 days alter the City's grant of final approval of th'e Project (Ordinance No. 16, Series 2006). 3.12 Fire Department Requirements. The Applicant shall install a fire sprinkler system and alarm system that meets the equirements of the Fire Marshal. 3.13 Building Permit Requirements. Any building permit application for the Project shall include and/or depict the following information: (a) A sjgned copy of Resolution No. 09 (Series of 2006) and Ordinance No. 16 (Series of 2006) granting final land use approval. (b) The conditions of approval of Ordinance No. 16(Series of 2006) shall be printed on the cover page of the building permit set. (c) A completed tap permit for sewer service from AOSD. (d) A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and alter construction. If a ground recharge system is required, a soi[ percolation report will be required to correctly size the fadlity. A 5-year storm frequency should be used in designing any drainage improvements. (e) Construction Management Plan pursuant to the Building Department's requirements. The Construction Management.Plan shall include an identlication of construction hauling routes, construction phasing, and a Constniction Traffic and Parking plan for review and approval by the City Engineer and Streets Department Superintendent. The Construction ~ Management Plan shall conform to the standards and requirements for construction management plans in 6ffect at the time of building permit submission. (f) A fugitive dust control plan to be avidwed and approved by the City ' Engineering Department. (g) A detailed excavation plan that utilizes vertical soil stabilization techniques for reviaw and approval by the City Engineer. 3.14 Vested Rights. The development approvals granted by the City 0ursuant to Ordinance No. 16(Sefies of 2006) shall constitute a site-specific development plan, which is vested for a period three (3) years from the date of issuance of a development order by the City. Article IV Prior Approvals and Instruments There are no recorded prior approvals for this Subdivision. Article V Subdivision Improvement$ {00036009.DOC/ 1} 528933 i IlIHI Illil Ililli Illl 111111 Illl Illill; 1~ Illl 1 lili llil 02/25/2005 09: 121 5 Page: 5 of 10 JANICE K VOS CAUDILL PITKIN COUNTY CO R 51.00 D 0.00 ; P304 Prior to the issuance of any Certificate of Occupancy with respect to the Project, Hyman Avenue Holdings shall accomplish the following subdivision improvements (collectively, the "Subdivision Improvements"), all as furthef depicted and described on the Final Plat: (1) installation of a detached sidewalk, location of the existing driveway entrance, with a parkway strip meeting the.City Engineer's design requirements along the entire lot frontage abutting East Hyman Avenue, along with two ANSI-conforming handicapped ramps at the Hyman and Spring intersection, and curb replacement for the existing drjveway cut on Hyman Avenue, at an estimated cost of /~i, (2) installation of Appropriate parkway plantings, including trees, grass, and irrigation, in the parkway strip along the p. roperty frontage on both East H,nan Avenue, at an estimated cost of UV~, In order to ensure constructjon and installation ofthe Subdivision Improvements (1) and (2) described immediately above, Hyman Avenue Holdings shall provide to the City either an irrevocable standby letter of credit from a financially responsible lender or a bond in the amount of~M Said letter of credit or bond shall be provided to the City prior to the issuance of a grading or access pennit With respect to the Project, shall be in a brrn reasonably acceptable.to the City Attorney, and shall give the City the unconditional'right, upon default hereof by Hyman Avenue Holdings, subject to the provisions of Article VI below, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit or bond amount to be applied frst to additional administrative or legal costs assodated with any such default and the r6pair of any deterioration in SubdMsion Improvements already constructed before the unused remainder, if any, of such letter of Credit or bond is released to Hyman Avenue Holdings. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of Hyman Avenue Holdings shall not constitute a default hgreunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period for time following its occurrence. As portionsÂ· of the Subdivision Improvements are completed, the City Engineer shall inspect them, and upon approval and writfen acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit or bond equal to an agreed upon estimated cost br the completed portion of the Subdjvision Improvements; provided, however that ten percent (10%) of the estimated costs shall be wthheld until all of theÂ·Subdivision Improvements are completed and approved by the City of Aspen Public Works birector. It is the express understanding of the parties that compliance with the procedures set forth in Article VI below pertaining to the piocedure for default and amendment to this Subdivision Agreement shall be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by Hyman Avenue Holdings as set forth above.. Article VI Non-Compliance and Request for Amendments or Extensions In the0event that the City determines that Hyman Avenue Holdings is not acting in 82%*0988!zmmpliance with the temis of this Subdivision Agreement or the Final Plat, the City 6 ' 111111. Ill'l 111'll liull'In lim Ili[ 1111111 lili lili 09/25/2006 09 : 12[ 528933 Page: 6 of 10 JANICE K V05 CAUDILL PITKIN COUNTY Co R 51.00 D 0.00 P305 shall notify.Hyman Avenue Holdings in writing specIM.ng the alleged non-compliance and asking that Hyman Avenue Holdings remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than 30 dayB. if the City determines that Hyman Avenue Holdings has not complied within such time, the City may issue and serve upon Hyman Avenue Holdings a written order specifying the alleged non-compliance and requiring Hyman Avenue Holdings to remedy the same within thirty (30) days. Within t\Aenty (20) days of the receipt of such order, Hyman Avenue Holdings may file with the City Engineering Department either a notice advising the City that it is in compliance or a written request to deten-nine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist or (b) Whether a variance, extension oftime or amendment to the Final Plat orthis Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such request, the City shall promptly schedule a meeting of the parties to consider the matters set forth in the order of noncompliance. The meeting of the parties shall be convened and conducted pursuant to the procedures normally established by the City. If the City determines that a nor'pcompliance exists which has not been r6rriedied, it may issue such orders as may be appropriate, inclOding the imposition of daily fines until such non-compliance hais been remedied, th* withholding of permits and/or certificates of occupancy, as applicable; provided, however no order shall terminate any land use approval. The City may also grant such variances, extensions of time or amendments to the Final Plat orto this Subdivjsion Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time peliods for performance hereunder if Hyman Avenue Holdings demonstrates that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Hyman Avenue Holdings, despite good faith efforts on its paR to perform in a timely nianner. Article VII General Provisions 7.1 Successors and Assigns. The provisions hereof shall be binding upon and inure to the benefitof Hyman Avenue Holdings and the City and their respective successors and assigns. 7.2 Governing Law. This Subdivision Agreemeht shall be subject to and construed in accordance with the laws of the State of Colorado. 7.3 Inconsistency. if any of the provisions of this Subdivision Agreement or a.ny paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance js invalidated, such invalidity shall not affect the validity of the remainder of this Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 Integration.- This Subdivision Agreement and any exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions {00036009.DOC/ 1} T 1 illill ilit'llitil lili lilli lil lilill 1 11.-1 lili lili 528933 Page: 7 of 10 09/25/2005 03 : 121 JANICE K VDS CAUDILL PITKIN COLNTY CO R 51.00 D 0.00 P306 contemplated hereunder. Hyman Avenue Holdings and its successors and assigns may on its , own initiative petition the City Council for an amendment to the Final Plat orthis Subdivision Agreement or for an exterision of one or more of the time periods required for the performance hereunder. The City Council shall not unreasonably deny such pdtition for amendment or extension.after considering all appropriate circumstances. Any such amendment or extension of time shall onlyÂ·become effective upon the execution by all.~parties hereto that are affected by the proposed amendment: 7.5 Headings. Numerical and title headings contained in this Subdivision Agreemenf are for convenience only, and shall not be deemed determinative of the substhncecontained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any*gender shall include all genders. 7.6 Acceptance and Recordation of Final Plat. Upon execution of this Subdivision Agreement by both parties hereto, the City agrees to approve and execute and the Final Plat and to accept the same br recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by Hyman Avenue Holdings. 7.7 Notice. Notices to be given to the patties to this Subdivision Agreement shall be considered to be given if delivered by facsimile, if hand delivered, or if delivered to the parties by registered or certified mail at the addresses indjcated below, or such other addresses as maybe substituted upon written notice bythe parties-or their successors or assigns: The City. , City of Aspen City Managen Community Development Director 130 South Galena Street Aspen, Colorado 81611 Hyman Avenue Holdings: Hyman Avenue Holdings, LLC c/o Peter Fomell 402 Midland Park Place Aspen, CO 81611 Facsimile: (970) 925-6767 With a copy to: Curtis Sanders, Esq, Krabacher & Sanders, PC 201 North Mill Street Aspen, CO 81611 Facsimile: (970) 925-1181 528933 11111'll' 1111'll 1111Ill 11 -111 -il-Il l'll 09/25/2005 09: 13 Page: 8 of 10 JANICE K VOS GRU. ILL PITKIN Â·SOL..FY CO R 51.00 D 0.00 1 {00036009.DOC/ 1} 8 P307 IN WITNESS WHEREOF, the parties have hefeunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN&411~9DD, a Colorado municipal corporation, By: Heldn Kfanderud, IMpr & Attest>7 U --7-& i.. i L. . Kathryn S. Koc~City Clerk APPROVED AS TO FORM: JU*:Â«66:, L.Joh-ff'Worcitfdt, CityAttomey Hyman Avenue Holdings: Hyman Avenue Holdings, LLC, a Colorado limited liability company, as owner of Unit A, Hannah Dustin Condominiums, according to the First Amended Plat ofthe Hannah DpÂ® Condominiums, recorded on August 29, . 2006 in P!49800k 80 at Page 03Reception No. 627927, Pjtkln Cofdbic*ado. < / By: 174 i-1-_~22 Petef'Fomell, akifs Managing Member Hyman Avenue Holdings, LLC, a Colorado limited liability company, as owner of Unit A, Hannah Dustin Condominiums, according to the First Amended Plat of the Hannah Djeirktondominiums,gorded on August 29, 2006 in Â¢48661<~80-~PagpA 1*ceptian No. 627927, Pitkin Cpt,tht)/,dlo~r.1*. DYA 3--137 .By: Petefr Folell, As its ManagiAg Member 1 11111111 1-1111111 m ..111111 li lli llil - lili lili 03/25/2006 09 : 121 528933 Page: 9 of 10. JA14ICE K VOS cAUDILL FITKIN JOLNTY CD R 51.00 D 0.00 {00036009.DOC/ 1} 9 P308 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged befofe me this ~2Â·54hday of@#%14â‚¬006 by Helen Klanderud as Mayor of the City of Aspen, Colorado, a municipal dorporatiogss Witness my hand and official seal, 41*344 /6.. i My commission expires: 11Â«1 vt :O Notary.Public , P. Ck a mi.f-lÂ·-, :2 -; 2 657 STATE OF COLORADO ) ' SS. My Commissis, i E.@02 03/25/2009 COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this(27 day f-~.*""0~ Kathryn S. Koch, City Clerk of the City of Aspen, Colorado, a municipal corpor,atan '*29Â·:641Â·4'fp Witnes@ my hand and official seal, B,Zi * My commission expires: 94â‚¬lbj tiE r. n H Ef ,.2Â°~, ':3Li.,*~tS>2:f . Notary Public 4440,8 coLUL57 Uy Commission E,pims 09/25/2009 STATE OF COLORADO ) ) SS. COUNTY OF PiTKIN ) The foregoing instrument was acknowledged before me this lijfliay ofSâ‚¬k, 2006 by Peter Fomell, Managing Member oT Hyman Avenue Holdings, LLC, a Colomdo limited liability company. Witness my hand and official seal, My commission expires: BrandLLÂ·'Jepson / Notary Public . O My Commbsion Expires 07/25/2009 P"Ad k (/ 7 - -0/9,1~ - 1 601 E Hopkins Notary Public Aspen, CO 81611 528933 ., 1 ilizilliti ill lill l~l Illirrz li li i~ ili illi Page: 10 of 10 09/25/2006 03: 121 JANI:t K VOS JAUCILL r ITKIN sol'TY 0- R 51.00 D 0.00 CD , JEPSON ..' 0 f :-' 8/?4~B,i L ~ 1 A: *41241 (000360091)CH3/ I } :.5/ -491 * f G I Z e AMENDMENT TO SUBDIVISION AGREEMENT FOR THE L HANNAH DUSTIN SUBDIVISION This AMENDMENT TO SUBDIVISION AGREEMENT FOR TEE HANNAH DUSTIN SUBDIVISION (thig "AmendmentD h made this '9-*' day of Novembor, 2006 by and among tbo City of A:pen, Colorado, a municipal exporation (th, tity'D; Hyman Avmuo Holdings, LLC, a. Colorado limited liability compally fEAW) and ThoÂ· Snowmass Corporation, a Co}orado corporation (*'TSC'). RECIT.US A. HAH and the City are partis 6 that cmlain Subdivision Agr=mont for the Hannah Dustin Subdivi:ion recorded in tho mu =tato records of Pitkin County, Colorado on Sspirnber 25,2006 undor R=etion. No. 528933 (the "Subdivision Agreement"). B. Th* SIA applies to certain'mal properly in Pitlin County, Colorado known u the Hannah Dustin Subdivision, =Cording to tbo Plat recordad in Plat BDok 81 at Page 44 as *Coption No. 52&934 (the "Subdivigion")Â· C. Subsequent to the regordation of dic Subdivi:ion Agr=man't HAH conveyed to TSC B portion of . the Subdivision legally describcd Rs Unit A, Hannah-Dustin Condommiums, according to the Flat thereof recorded Octbber 2, 1985 in Mai Book 17 ai Page 78 as Reception No. 271969 and First Amendod Plat oftbe Hannah Dustin Condominiums recorded August 29,2006 in Plat Book 80 at Page 3 2, Reception No. 527927, and as d~.fined and describcd by the Amendod and Restatud Condominium DcclaratiDn of HannahÂ·:Dustin, a condominium Tworded August 29, 2006 as Reception No. 527925 and as shown 60 the Hannah Dusdn Subdivision Plat, mcordod Scptumbmr 25,2006 in Plat Book 81 athgo 44 as It=ption No. 528934 ("Unit "A"). D. Tbe City, HAH and TSC desire to imund the Subdivision Agi=ment as set forth in this Amendment AGREEMENT Now th,refore, for good and valuable considaratiohs, the nceipt and sufficieDCy of which are hereby confested and acknow]*dged, the City, HAH and TSC hereby amend tbo Subdivision Agreement as follows: 1, There is h-roby added to the Subdivision Agreementanew Articlo VIN captionod "Project Phasing/Ccrtificate: of Occupancy" as follows: Article VEG Proj:ct Pharing/Carlificates of Occupancy 8,1 RUidential andÂ·Commercial Phees. ThM partie: acknowlodgc that tbo Project may be constuctud in ph=ses: The reridentia] phase (thm '92*sidentia] Phase"Xconsisting of two (2) ftc-market , residential units, two (2) affordable housing units, and ten (10)parking spaces in an underground parking gang: (the "Garage"); ed the corammrcial phs= (tht "Commercial Fbase"), concirting of 2,440 square fbot of office space and Dric (]) affDrdablm housing unit. The Kesidential Phae will bc constructed on Unit B of the Hannali Du;'tin Condominiums auording to the First Amendud Plat theroof rocorded. August 29, 1 1 Ill Illn 11111 - 1 111111 1 -I llill~-111~11111 lili 11/03/2005 09:53 530875 Page: 1 0 f 3 ORNI CE K VDS CAUDILL PJTK N GOUNTY CD R 15. 03 D 8,8,0 P310 2006, gs Rbcoption No. 627927 in Ge Dgiom of the Clerk and Recorder of Pitkin County (tbe tondominium Plat"), The Commercial Phso will b; con:buctbd on 66 westerly half of the property dscribd as Unit A of lbs Hinnah Dustin Condeminiums on the Condominium Plat It i: also acknow}Ddpd thal each phase Contains elements (affordable hpusing units and parking) that are required to :ervo and mitigats' impacts for 68 entire Project. Th& City agies Qal each ofth= Rnsidential Phaae and Commwcial Phasm may be und-rtaken and complsted Reparately and indopondently of the Dthur and that a CertiScato of Occupancy shall b. ismibd for each phERS, indspndent}y Df 11,5 othnr, providod thai (D con:truction for which a CA:tificnic of Occupancy is being mquested has bew. pomplctcd in accordanct with relevant building pormit: to the exbnt that it quilifies for a Certificalt of Docupancy purm,int to the City's building regulations, 00 DD default mits under the terms of lilis Agreamcnt and, (iii) the Dthw phase of the Project has Dbtaind a building p=rmit, is at lest fifty per=nt {50%) complete and thzi tho City has raceived rocionable assurancM from tbe develgper of the incomplste phase that Quch developer has or can obtain adequale funds to compluto thal phase. For purpos= of this Agreemsnt, a pbasc Df tbo Project shall be deemcd to ba fifty pmmwit (50%) complete when tho framing inspectim approval has boon attainDd. Th~ parties also understand thal a Certificale of Occupancy will not be issuud for aoy phasc of tho Ptojact if the physical accass to 5u ch phase i; provided through or across areas of the othor unfinishcd phase thai are dangwous due to ongoing con.59'actiDn. 8.2 Garaee. Upon completion of construction of the Garage to th5 extent nacessary for the Garage to function ag a parking gangs (and prior to completion of the remainderÂ·ofthe Residantial Phase, including other elements of the Residentid Phst that may be locatod in the Garage; such as mechanical , rooms) and providsd that 0 construction of thu Garag,5 has bean complelbd in accordan= with rclevant building prmits to tho extent thal it qualifies for a Certificate of Occupancy puhuant to the City's building regulationk, and (ii) no defauk exists under tbo turns of this Agr=ment, a Certificate . of Occupancy shall be issued for the Garage (but not tha rmmainder ofÂ· 1135 Recidentia] Phase). Upon issuance of the Certificato of Occupancy for the Garage, the owner of the Residential Phase shall bc ontitled to condominiumia the parking:pages in zbe Garagm. 2. HAH signod the Subdivision Agrcement in two places and tharc is a typographical cirm in HAH'; =cond signature block. Tho refcanco in the socond Eignaturn block for HAH to :Unit A, Hannali Dustin Condominiums..." is hemby corrected to makc refbranc- to "Unit B, Hannah Dustin ., Condominums .... 3. Th, Subdivision Agnemant, as amunded by this Amendment remaing in ful] force and cffbot IN WITNESS WEEREOF, the parties havB hereunto 64 thoir hands as oftbn day and year first above written. City of,AsPD SPE~h~Colorado municipal corporation Hejch K.]andBrud, Mayor i Atte#. 530875 Page: 2 ef 3 i/mA-#, 11/09/2006 03:53 JAUE K WS CAUDILL PITKIN CD'0.-r b> RÂ·15.00 D 0.00 ]CArfn 9. kop~Zi# C):r)( [Signatures Continue on Following Page] 2 ' P311 530875 111111' Imil linn 111 lilli 11111111111 m 1111111~ lili 11/03/2033 03:53 Phic: 3 0% 3 JANICE K VOS CAUDILL PITKIN COUNTY 00 R 1.3 .00 D 8.DB Approved 23 to Form: '-MJ # (Aft*G- John WS=*Ml, City Attorney Hyman , ~~e-nu~~ LLC, a Colorajo limited liability company i ~ Peter ForitAL afits Managing Member The Snowmass Corporation,a Colorado corpbration By: ~%AÂ» CA' L.42 PrinÂ¢14#pc: :72:+0Â·r L Â· Lt.: 51.r Titlekf ft&1441#- STATE OF ~6Uâ€¢- ) ) 89. COUNTY OF Ed,1, ) The foregoing inwiument was acknowlodgod before me thisÂ·jÂ¥2day of 9~,t,8*,1~L;2006, by Helen K]ande;ud as Mayor, and byKathryn S. Koch as Cleh on btbalf of the City of 4:**321**do, Witness my hand and official seal. CUK--'Qi.,0 My commission expireâ€¢: 04/171/2.[Â»7- Iaid.Uz~ kÂ£:8*- : Â»a i Lanl\AH NblayÂ¢ fubtic d STATE OF (3 [,UD ) 6/ 0'tr OF 009 ) SS. COUNTY OF-FM e n ) The. fortgoing instrument was .achowledged before me this (.Pday of ~per&4 2 Dgid#51Â£9 Fornell as Managing Member of Hyman Avenue Holdings, LLC. Witness my hand and official :eal #437 0,4/ My commisgion expirts: 4-1.-d D i(" - 81 ci: '.,-'. i' 3 Neta.r>fublic %3>#6'i .: 11 3/ i a: STATE OF ~6Â¥tkY ) , .. COUNTY OF ~i ) )s 40. /11* fornioin~ ikum:412%51(nowledged before me this g_ day of ~~,~ 2006, by )441,4 6(,>b~ ~~>U#.40'Zf- Â· . of Tho Snowmass Corporation. Witr#k#*iyhbd a!*dticial peal. A &4 _Lf-2- - * - ~53~ My f'&7*2 ttwilm. 04442 ta.... Notary Public l h 16#Mftimi ?418 512120jg 3 09 ...Â¢ Ex 6/1,7 F RESOLUTION NO. 13 (Series of 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A SECOND AMENDMENT TO THE SUBDIVSION AGREEMENT FOR THE HANNAH DUSTIN SUBDIVISION, 300 S. SPRING STREET AND 707 E. HYMAN AVENUE, CITY OF ASPEN, COLORADO Parcel ID: 273718227101 and 273718227102 WHEREAS, pursuant to the Subdivision Agreement for the Hannah Dustin Subdivision, successors and assigns of the agreement may "on its own initiative petition the City Council for an amendment to the final plat or....subdivision agreement;" and, WHEREAS, the Applicant requests approval to a second amendment to the Subdivision Agreement for the Hannah Dustin Subdivision to allow for the issuance of Certificates of Occupancies for portions of the completed project; and, WHEREAS, Community Development Department reviewed the request and suggested changes to the draft agreement that were incorporated into the draft; and, WHEREAS, City Council has reviewed and considered the subdivision agreement amendment request and has reviewed and considered the recommendation of the Community Development Director; and, WHEREAS, the City Council finds that this Resolution allowing for approval of the proposed amendments furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: In accordance with the provisions of Article 7.4 of the Subdivision Agreement for the Hannah Dustin Subdivision, the City Council of the City of Aspen, Colorado, does hereby grant the Second Amendment to the Subdivision Agreement for the Hannah Dustin Subdivision conditioned on amendments to the agreement being incorporated by the City attorney with regard to amending the timing of the release of the deposit, developing a final sunset date for feature of the deposit, addressing how any interest from the deposit is distributed, and not guaranteeing a credit for future mitigation requirements for the Commercial Phase. Resolution No. 13, Series of 2009 Page 2 Section 2: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED, February 23,2009, at a public meeting before the City Council of the City of Aspen, Colorad o~.~ ~c nA A W / I 49' Â«4/~ ,--- 442/Â»6626- 2/Â»7 f Micha~ C Abland, May~/ John w 6?88*ter, dit Attorney ATTEST: tigFLAD >4 4__- 'Kathryn S. Kpt City Clerk Exhibit A Second Amendment to the Subdivision Agreement for the Hannah Dustin Subdivision RECEIPT AND ACKNOWLEDGMENT The City ofAspen, Colorado, hereby acknowledges receipt of$500,807.25, which constitutes the"deposit" required of Snowmass Corporationpursuant to paragraph 2 ofthe Second Amendment to Subdivision Agreement for the Hannah Dustin Subdivision a copy of which is attached hereto (the "Second Amendment"). The City shall hold the deposit for disposition pursuant to the Second Amendment. Snowmass Corporation shall be entitled to an immediate refund o f the deposit upon presentation to the City of a Letter of Credit in a form and substance reasonably acceptable to the City Attorney which secures the deposit obligation ofSnowmass Corporation pursuant to the Second Amendment. CITY OF ASPEN, COLORADO By: . 4fgHELLIC=~ - ATTEST: 1 1 /0*42 9 1 /7 Town Clerk, C~;6f A@pen ~ G \Client\Snowmass Corp\Hannah Dustin\Receipt and Acknowledgment - City of Aspen,wpd SECOND AMENDMENT TO SUBDIVISION AGREEMENT FOR THE HANNAH DUSTIN SUBDIVISION This Second Amendment to Subdivision Agreement for the Hannah Dustin Subdivision (the "Second Amendment") is made this ~04*4 day of129*uaÂ·*21 , 2009, by and among the CITYOF ASPEN, a municipal corporation (the "City"), the SNG-#MASS CORPORATION, a Colorado corporation ("Snowmass"), and HYMAN STREET BROWNSTONES, LLC, a Colorado limited liability company ("Brownstones"). RECITALS: A. The City entered into a Subdivision Agreement for the Hannah Dustin Subdivision with Hyman Avenue Holdings, LLC, the predecessor in interest to Snowmass and Brownstones, on September 25,2006 (the "Subdivision Agreement"). B. The Subdivision Agreement was amended by a document entitled "Amendment to Subdivision for the Hannah Dustin Subdivision" on November 7, 2006 (the "First Amendment"). C. The City, Snowmass and Brownstones desire to further amend the Subdivision Agreement and the First Amendment as set forth in this Second Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Waiver of Completion Requirement. Upon satis faction of the requirements of Section 2, below, the provisions of Section 8.1 (iii) of the First Amendment which require the Commercial Phase to be 50% complete in order for the Residential Phase to obtain a Certificate of Occupancy shall be waived. 2. Deposit. As consideration for the waiver described in Section 1, above, Snowmass shall deposit the sum of $500,807.25 with the City, either in cash or in the form of an irrevocable letter of credit prior to the issuance of a Certificate of Occupancy for the Residential Phase. The deposit is intended to provide a reasonable financial assurance that Snowmass will undertake construction of the Commercial Phase and, in particular, the affordable housing unit which is required as a condition of Commercial Phase approval. To that end, the deposit shall be forfeited and may be retained and utilized by the City for affordable housing purposes if a building permit for the Commercial Phase has been approved but not issued by July 31, 2009, which is the date on which vested property rights are due to expire (the "Commencement Deadline"). If the vested property rights period is extended, the Commencement Deadline shall automatically be extended to the new date on which the vested property rights for the Commercial Phase are to expire. If a building permit for the Commercial Phase is issued by the Commencement Deadline, Snowmass may request and the City shall refund the deposit based upon the following schedule, Twenty-five percent (25%) of the deposit shall be refunded after the framing inspection approval has been attained. The remainder of the deposit shall be refunded after issuance of a Certificate of.Occupancy for the Commercial Phase. If a Certificate of Occupancy for the Commercial Phase has not been issued within twenty-four months after a building permit is obtained, the City shall have no obligation to refund the balance of the deposit then held by the City. Any interest accrued by the deposit of the sum of $500,807.25 with the City shall be retained by the City. 3. Completion of Residential Phase. The parties acknowledge and agree that the Residential Phase is, on the date hereof, more than 50% complete, 4. Assurance of Financing. In satisfaction ofthe requirements of Section 8.1(iii) of the First Amendment, Snowmass shall provide the City with a written confirmation of its construction loan from Bank of America, to be delivered to the City along with the Deposit. 5. Housing Mitigation Credit. If construction ofthe Commercial Phase has not begun prior to the Commencement Deadline referred to Section 2, above, and as a result the Deposit is forfeited, Snowmass may, nevertheless, be entitled to a credit, up to $500,807.25, to be applied against affordable housing mitigation requirements associated with development of the Commercial Phase , if any, which are in addition to the requirement for construction of a two-bedroom Category Il housing unit within the Commercial Phase. The credit shall only be available, however, if such unit is actually constructed within the Commercial Phase and if, as a result of expired vested property rights, additional affordable housing mitigation is required; however, the City is under no obligation to issue any credit, CITY OF ASPEN, COLORADOy a Colorado munifipal)coyoratign By: ' *ll *d 1,11,1009 Michael C. Ireland, M~or A ,-/ 1~4hryn~,KochC6rk'~ SNOWMASS CORPORATION, a Colorado corporati~~ ,Aiww 41. 1.!5% akitt#ley-in-Fact 467 James W. Light, President HYMAN STREET BROWNSTONES, LLC, a C~'ladoliftd ~ility comfany l Wibert D. Bofen,\Manager t 2 STATE OF COLORADO ) SS. COUNTY OF ~1 < ~<.1-~ ) -.+.-, The . foregoing instrument was acknowledged before me this ~7~Â£4 day of tâ‚¬Un/lA/In/1 , 2009, by Michael C. Ireland, Mayor, and Kathryn S. Koch, City Clerk, of the ' City of Asper< Colorado, a Colorado municipal corporation. Witness my hand and official Â¥al. ZQRS'O.f.A.Aiz? A My commission expires: Â°t tz,*F~~ ..1 /fU l-,@9*ul Notary Public L . M i V â€¢ STATE OF COLORADO ) ) SS. My Commission EVAres 0W25/20~ COUNTY OF rRWan ) The foregoing instrument was acknowledged before me this 2,le# day of , 2009, by Andrew W. Light, as Attorney-in-Fact for James W, Light, as President ohnowmass Corporation, a Colorado corporation. / g'A O N 01 h Witness my hand and official seal. 2 Â·. Â· 40 My commission expires: \CALSIZeiL__ ----I \ \\ f' A 80 TA /2 , Notary Public .. 4 90 f $, COLORk /9 STATE OF COLORADO ) SS. COUNTY oF 7,Â©gn & The foregoing instrument was acknowledged before me this 265_ day of -ht MDN-GA , 2009, by Robert D. Bowden, as Manager of Hyman Street Brownstones, LLC, a Colorado hmited liability company. Witness my hand and official seal. .9 +9 - -Es- My commission expires: 10<25 ~2.C>(\ 9 el '6Â£1 f ~Â·~~~~~soTARY . ~ Notary Public E . n 'Â·. PUBL\Q 34,1 44, OFC 062 4'/4/ilill 1% \\0# G \ClienliSnowmasi Corp\Hannâ€¢h Dustin\Socond Amendmenl ID Subdiwion Agrcement for the H/nah Dust,n Subdivision 022599 FINAL.doc 3 CZ.. 1 390/6 PUBLIC NOTICE RE: 300 S. SPRING STREET - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 8,2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Snowmass Corporation, P.O. Box 620, Basalt, CO 81621, which is the owner of the subject property. The Applicant requests an extension of vested rights to develop the site with their approved development plan for 2,440 square feet of net leasable office space and one affordable housing unit, commonly known as the "Commercial Phase" of the Hannah Dustin Subdivision, Unit A, located at 300 S. Spring Street. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, Jennifer.Phelan@ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on May 24,2009 City of Aspen Account 1,0-,Â·Â·u N-a~k.6~a26 -fg,1 a,Â£~ st' d-~(4 6.... ..24 /Urc.+1Â£4-w _ 4,Â·A a,~u~_-, ,-Olly**4) Â» -- /1 ~Â»-~L a.-4-, f--0-0 274-1- ~.1-6, 97-J5 691L3 3'ta.A-3.11 (6*-01, fat-~-~- Lul-) , 4 412.) Al-*El .2..11.irm./'.'Irir.2. j.'.1 -~Â«t) ~9.-1-L~~ a-Â»t ou 'fz Â» AlliD M o j-1.-4-cL .0,221-> 071/OA-014 ED azzâ‚¬ 3~~~2=. 7 - 0 " Cj C- 0.% \ le 4 1 0/LP-2 /1- //L 5. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 300 s. spm-i NEj , Aspen, CO SCHEDULED PUBLIC HEARING DATE: JUNe 9 , 200_1 STATE OF COLORADO ) ) SS. County of Pitkin ) I, Gcey t'@6 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (IE) of the Aspen Land Use Code in the following manner: K Publication of notice By the publication in the legal notice section of an official paper or apaper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy ofthe publica.tion is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in' height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time ofthe public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing ofnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(IE)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the c=ent tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description o f, and the notice to and listing of names and addresses o f owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. *940 ~ Si~naDdre ' The foregoing "Affidavit ofNotice" was acknowledged before me this 2 6 day of , 2001, by 1(arcx~ PAh trpl U) c>/cocx......c.:>. : - - ~5 â‚¬~%2525mi&85=E=gam N : WITNESS MY HAND AND OFFICIAL SEAL 4 411&411%111*til. : m yall:litisititit: * askil/5 Lod,b % My commission expires: -2.-Diemo:&Â®20 061 h 62Â¢08â‚¬lv:ORÂ«-~9 ~ 1 >008=Bi ..=&Â®:.Â®-->C-91 - e 3%95%3Â§#fflf;5238 -3 15 Q 5~~~0207)00.2,2%Q.%2~22Â®go@ Â·~% ~13;' Notary Public ES-15128*mi,%@33â‚¬:04 38 :2 %2%-/21*62-1-*11/11/./ 2, in 21284333:42%900,Â¤<4 2. .../(0N M C LAURA 1 9 ATTACHMENTS AS APPLICABLE: <~Â·,0MEYER / j# â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCI~flÂ¢'NONCED 0utol2010 BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 EllÂ®QBQI-1QE RE: 300 S. SPRING STREET -VESTED orma ion, . ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 300 South Spring Street, Unit A, Hannah Dustin Subdivision , Aspen, CO SCHEDULED PUBLIC HEARING DATE: June 8 9 ,200 STATE OF COLORADO ) County of Pitkin ) 1 David J. Myler (name, please print) being or representing an Applicant to the City of Aspen. Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: R publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. x posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 21st day of May , 200 9 , to and including the date and time ofthe public hearing. A photograph of the posted notice (sign) is attached hereto. R Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement o f an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area o f 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. The foregoing "Affidavit of Notice" was acknowl,dged before me this~~day of -Jd~l,1/U .~ , log -1 by 61,0/ d -I AA#/er WITNESS MY HAND AND OFFICIAL SEAL My Commission Expires My commission expires: October 25, 2011 000\/\911111/4/,4/ 2 nriD A &42 40 4- Notary Public 0 Q.... rjOTAR p . - nÂ·. PUBL\C S , 1 -4 $, OF COLO~4* ATTACHMENTS: L'/0/ /11'111 1\~ \\,\\~ COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL \.,)11.Ill//// -90 \11!111/1, .. 28 j Legal Notice Sunday, May 24,2009 â€¢ Aspen Times Weekly 4 PUBLIC NOTICE A parcel of land being located in Section 16, or less to the bank of the Roaring Fork River: PUBLIC NOTICE PUBLIC NOTICE Et PLEASE TAKE NOT/CEthal James C. Kempner Township 9 South, Range 85 West of the 6th P.M., Thence Northerly 75 feet more or less along the RE: 210 WEST FRANCIS STREET- ORDINANCE RE: 300 S. SPRING STREET - VESTED RIGHTS ~ Mark L. ard Kelley H. Purnell have fjled a Petition Beginning at a point whence the North M cornerof 60Â°54'00"East, 310 feetmoreorless tothepoint HISTORIC RESOURCE NEGOTIATION 1999 Residence Trust, Sharon M. Kempner, and more fully described as follows: bank of the Roaring Fork River; Thence North #48, SERIES OF 2007, POTENTIAL EXTENSION with the Basalt Water Conservancy District said Section 16 bears North 11Â°16'21"West of beginning. NOTICE IS HEREBY GIVEN that a public hearing requesting the inclusion into said District of the 2,602.84 feet thence South 31Â°23'00" East 74.01 NOTICE IS HEREBY GIVEN thal on Monday, June will be held on Monday, June 8,2009, at a following described lands located in the County of feet; thence South 59Â°04'00" West 320 feet more AND 8,2009 at a meeting to begin at 5:00 p.m. in City meeting to begin at 5:00 p.m. before the Aspen thence Northerly 75 feet more or less along the A parcel of land bounded by the extension of the Aspen, and the Aspen City Council will discuss a S. Galena St., Aspen, 10 consider an application f $ kittle_Iexasi-Lot.5 bank of the Roaring Fork River; thence North North and South boundary lines of Lot 4, described negotiation related to a Potential Historic Resource submitted by the Snowmass Corporation, P.O. Box A parcel of land situated in Section 16, Township 9 60Â°18'00" East 320 feet more orless to the Point of above, to the intersection of the right-of-way of The identified on Ordinance #48, Series of 2007. The 620, Basalt, CO 81621, which is the owner of the y South, Range 85 West of the 6th P.M. being more Beginning. Denver and Rio Grande Western Railroad subject property is 210 W. Francis Street. Lots P subject properly. The Applicant requests an Â£ particularly described as follows: Companyl the joining of these points of intersection and Q, Block 48, City and Townsite of Aspen, extension of vested rights to develop the site with 3 Beginning at a point whence the N 16 Corner of AND becoming the Easterly boundary of Lot 4 as Colorado, Parcel ID#2735-124-17-005, and it is their approved development plan for 2,440 square said Section 16 bears N10Â°36'04" W 2535.59 feet described above becomes the Westerly boundary owned by Joan F. Tobin, 2434 Belmont Rd. N.W., feet of net leasable office space and one thence N60Â°36'00" E 188.28 feet to the Southwest- A parcel of land bounded by the extension of the ofthis parcel of land, less thal partof land Washington, DC 20008. Council will discuss a affordable housing unit, commonly known as the erly side of the right-of-way of the Denver & Rio North and South parallel boundary iines of Lot 6 as dedicated to and now used as a County Road. possible extension of the expiration date on a 'Commercial Phase" of the Hannah Dustin Grande Western Railroad; thence S 10Â°02'09" E described above, to the intersection of the remodel and/or demolition permit requested by the Subdivision, Unit A, located at 300 S. Spring 76.85 feet along the right-of-way; thence leaving right-of-way of The Denver and Rio Grande Said Petition shall be heard at the regular meeting property owner. For further Information, contact Street. For further information, contact Jennifer L the right-of-way S 60Â°18'00" W 475,56 feet to the Western RR Company, the joining of these points of the Board of Directors of said District on June 9, Amy Guthrie at the City of Aspen Community Phelan at the City of Aspen Community bank of the Roaring Fork River: thence N 34Â°55'21" 01 Intersection on the right-of-way becoming the 2009, at 7Â·00 P.M. at the Comfort Inn & Suites, 920 Development Department, 130 S Galena St., Development Department, 130 S Galena St , E 75.34 feet along the bank: thence N 60Â°36'00" E easterly boundary of this parcel of land and the Cowen Dr., Carbondale, Colorado, when and Aspen, CO, (970) 429-2758, Aspen, CO, (970) 429-2759, 320 feet to the point of beginning. easterly line 01 Lot 6 as described above becomes where all persons interested shall appear and show amv,outhrie@ci.as:]en co.us. Jennifer.Phelan@ci.aspen.co.us. the westerly boundary of this parcel of land, less cause, in writing, why said Petition should not be 't Also described as follows: that part of land dedicated to and now used as The granted. The failure of any person to file a written s/ Michael C Ireland, Mavor s/ Michael C. Ireland, Mayor County Road and being subject to reservation of objection shall be taken as an assent to the Aspen City Council A parcel of land being located in Section 16, minerals by The State of Colorado, the access road inclusion of the above-described lands within the Aspen City Council Township 9 South, Range 85 West of the 6th and the telephone line all being of record in Pitkin District. Written objections may be filed in Published in the Aspen Times Weekly on May 24, Published m the Aspen Times Weekly on May 241 Principal Meridian. Said parcel is more fully County, advance of said meeting by mailing to the Basall 2009.[3465383J 2009.[3465189] described as follows: beginning at a point whence Water Conservancy District, P.O. Box 974, the NorthM corner of said Section 16 bears Little Texas, Lot 4 Glenwood Springs, Colorado 816024 N10Â°36'04"W, 2535.59 feet; thence 835Â°OWE, A parcel of land being located in Section 16, 73.68 feet; thence 660Â°18'W, 320 feet more or less Township 9 South, Range 85 West of the 6th Prin- BASALT WATER CONSERVANCY DISTRICT to the bank of the Roaring Fork River: thence cipal Merjdian. Said parcel is more fully described Â· ByÂ· /s/ Chad J. Lee Northerly 75 feet more or less along the bank of the as tollows: Chad J. Lee - Secretary Roaring Fork River; thence N60Â°36'E, 320 feet more or less to tile point of beginning. Begining at a point whence the North 14 corner of Published in the Aspen Times Weekly on May 10, said Section 16 bears North 09Â°44'00" West, 17,24 and 31,2009. (3390058) Little Texas, Lot 6 2471.08 feet; Thence South 40%037'00" East 74.83 feet; Thence South 60Â°0035'00" East 320 feet more ' NY Times Sunday Crossword Puzzle No. 0524 PERPETUAL MOTION By Elizabeth C. Gorski / Edited by Will Shortz 1 2 3 4 ~ET'-4 5 6 7 8 9 * 10 11 12 [ - 22---W13 14 15 16 - 14% " NI )1'E: WHEN THIS PUZZLE IS I)ONE, STAR11 Al TIIE END ()} 57-ACROSS; THEN, BEGINNING COUNTERCLOCKWISE, CONNECT 17 *0~,18 ~~ 19 THE CIRCLES IN ONE CONTINUOUS LINE 'ID IDENTIFY A liGURE INVENTED BY 29-DOWN. THE ANSWERS TO THE IÂ·IVE hwa' ASTERISKED CLUES WILL PROVIDEA HIN-rrO THE AGURE. 21 22 23 ~24 4 Across 46 Craven 91 Gonitis locale 9 The March King - - i i Â·Â·25 1 Smart 50 Teeming 92 Set off 10 Has thirds or 1 gh 5 Attention getters 52 "That's 94 Classic Cremona fourths, say 27 |28 |29 E*30 ~~31 \ ~ j )4 ] j -aL- . 1 10 Sent'q dis;eustinel family 11 CanniÂ·. cnihie,Â·1 '.=i :ErÂ»U<,6-/4-'lli- . I 6. . 9.. :. 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I /9 Â· 610 EAST HYMAN LLC 308 HUNTER LLC 633 SPRING 11 LLC C/O CHARLES CUNNIFFE 490 WILLIAMS ST PO BOX 1709 610 E HYMAN AVE DENVER, CO 80218 ASPEN, CO 81611 ASPEN, CO 81611 719 EAST HOPKINS AVE LLC 803DKS LLC ADESSO LLC PO BOX 11600 15280 ADDISON RD #301 614 E DURANT AVE ASPEN, CO 81612 ADDISON, TX 75001 ASPEN, CO 81611 ALEXANDER THOMAS L . ANDERSON COMMERCIAL PROP LLC ANDERSON ROBERT M & LOUISE E 715 E HYMAN AVE # 27 614 E DURANT AVE 1021 23RD ST ASPEN, CO 81611 ASPEN, CO 81611 CHETEK, WI 54728 ASPEN ATHLETIC CLUB ASPEN SQUARE VENTURES LLP ASPEN KOEPPEL LLC COMMON AREA C/O M&W PROPERTIES 3551 ST GARDENS RD 720 E HYMAN AVE 205 S MILL ST STE 301A COCONUT GROVE, FL 33133 ASPEN, CO 81611 ASPEN, CO 81611 BATTLE GERALD LIVING TRUST BARTLETT KATY I BAUM ROBERT E ASPEN RES TRST HIXON BURT LIVING TRUST 715 E HYMAN AVE #18 PO BOX 1518 PO BOX 2847 ASPEN, CO 81611-2066 STOCKBRIDGE, MA 01262 NEWPORT BEACH, CA 92659 BELL MTN QUAL RES CONDO ASSOC BERSCH TRUST BISCHOFF JOHN C LLC 9642 YOAKUM DR 502 S VIA GOLONDRINA 320 S SPRING ST BEVERLY HILLS, CA 90210 TUCSON, AZ 85716-5843 ASPEN, CO 81611 BORGIOTTI CLAUDIO BRADLEY MARK A BUCKHORN ARMS LLC 9610 SYMPHONY MEADOW LN PO BOX 1938 730 E COOPER AVE VIENNA, VA 22192 BASALT, CO 81621 ASPEN, CO 81611 BULKELEY RICHARD C & JULIE J CALGI RAYMOND D CARVER RUTH A & MARTIN G 801 JOY ST 134 TEWKESBURY RD 10 BYRON LN RED OAK, IA 51566 SCARSDALE, NY 10583 MUSCATINE, IA 52761 CAVES KAREN W CHATEAU ASPEN CONDO ASSOC CHATEAU ASPEN UNIT 21-A LLC 1 BARRENGER CT 630 E COOPER AVE BLDG 421-G AABC NEWPORT BEACH, CA 92660 ASPEN, CO 81611 ASPEN, CO 81611 CHATELET CONDO ASSOC CITY MARKET INC CHOOKASZIAN KAREN M COMMON AREA DILLON RE CO INC ATTN REAL ESTATE 1100 MICHIGAN 250 S ORIGINAL ST DEPT WILMETTE, IL 60091 ASPEN, CO 81611 PO BOX 5567 DENVER, CO 80217-5567 CM LLC CM LLC CLARY EDGAR D IV C/O OK&G C/O ROGER MAROLT PO BOX 4816 533 E HOPKINS 230 S MILL ST BASALT, CO 81621 ASPEN, CO 81611 ASPEN, CO 81611 COLBY WARD COLOSI THOMAS W COOPER SPRINGS LLC 715 E HYMAN #20 715 E HYMAN AVE APT 6 393 N COLUMBIA AVE ASPEN, CO 81611 ASPEN, CO 81611-2099 COLUMBUS, OH 43209 CRAFT LESTER R JR DAILY CONNIE M DALY CAROL CENTER 2026 VETERAN AVE 715 E HYMAN AVE #14 155 LONE PINE RD C-11 LOS ANGELES, CA 90025-5722 ASPEN, CO 81611 ASPEN, CO 81611 DEVINE RALPH R DIBRELL CHARLES G JR & FRANCES DODEA NICHOLAS T 715 E HYMAN #13 24 ADLER CIR 715 E HYMAN AVE #19 ASPEN, CO 81611 GALVESTON, TX 77551-5828 ASPEN, CO 81611-2063 EDGE OF AJAX CONDO ASSOC EDGE OF AJAX INC ECCHYMOSIS LLC COMMON AREA C/O ANDRE ULRYCH 4802 E 2ND ST STE 2 715 E HOPKINS AVE 201 B E SILVER ST LONG BEACH, CA 90803 ASPEN, CO 81611 MARBLE, CO 81623 EDGETTE JAMES J & PATRICIA ELLERON CHEMICALS CORP ERGAS VENESSA BLAIR & CLAUDE 19900 BEACH RD STE 801 720 NORTH POST RD #230 14902 VALLEY VISTA BLVD JUPITER ISLAND, FL 33469 HOUSTON, TX 77024 SHERMAN OAKS, CA 91403 FEHR EDITH B REVOCABLE TRUST ETTLIN ROSS L FERRY JAMES H 111 C/O DAVID FEHR 715 E HYMAN AVE # 7 BOX 167 543 FOX RUN DR ASPEN, CO 81611 GLENCOE, IL 60022-0167 CARBONDALE, CO 81623-8502 FIGHTLIN JONATHAN D FLOWERS JUDY R FLY MARIE N 715 E HYMAN #46 715 E HYMAN AVE #1 7447 PEBBLE POINTE ASPEN, CO 81611-2063 ASPEN, CO 81611-2063 W BLOOMFIELD, MI 48322 FURNGULF LTD GALLUCCIO VINCENT GAUBA ALENA A COLO JOINT VENTURE PO BOX 8065 715 E HYMAN AVE #21 616 E HYMAN AVE ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 GODBOLD EDMUND O GILBERT GARY GOFEN ETHEL CARO TRUSTEE C/O ADAH G PHELPS 1556 ROYAL BLVD 455 CITY FRONT PLAZA 2424 N GREENWOOD ST GLENDALE, CA 91207 CHICAGO, IL 60611 PUEBLO, CO 81003-3648 GOLDEN PANTHERS LLC GOODING SEAN A 80% & RICHARD L GORGE MICHAEL D & WENDY S C/O LINO MARTIRE 20% 25300 FRANKLIN PARK DR 60 S MARKET ST #1400 C/O PARAGON RANCH INC FRANKLIN, MI 48025 SAN JOSE, CA 95113-2396 620 E HYMAN AVE #1 E ASPEN, CO 81611 GROSFELD ASPEN PROPERTIES HAYLES THOMAS HEMP SUZANNE LIVTRUST PARTNERS LLC 715 E HYMAN AVE #5 15470 POMONA RD 10880 WILSHIRE BLVD #2222 ASPEN, CO 81611 BROOKFIELD, WI 53005 LOS ANGELES, CA 90024 HENDRICKS SIDNEY J HUGHES CONSTANCE L HUNKE CARLTON J LVG TRST HENDRICKS YOLANDE EVERHARD 5580 LAJOLLA BLVD #511 4410 TIMBERLINE DR SW 6614 LAKEVILLE RD LAJOLLA, CA 92037 FARGO, ND 58103 PETALUMA, CA 94954-9256 HUNTER PLAZA ASSOCIATES LLP HUNT SARAH J ISRAEL FAMILY PARTNERSHIP LTD C/O CAPMARK FINANCE INC 715 E HYMAN AVE #22 263 OCEAN BLVD 200 WITMER RD ASPEN, CO 81611 GOLDEN BEACH, FL 33160 HORSHAM, PA 19044-6657 JOHNSON BARBARA WEAVER LIVING JOYCE EDWARD KANTAS NICOLETTE TRUST 11 S LA SALLE ST #1600 715 E HYMAN AVE #15 PO BOX 3570 CHICAGO, IL 60603-1211 ASPEN, CO 81611 LAS CRUCES, NM 88003 KELLY NORA D TRUST 50% KOEPPEL KEVIN F TRUST KASHINSKI MICHAEL R C/O THE BUCKHORN ARMS LLC C/O NEWMARK S M TRUSTEE 0343 GROVE CT 732 E COOPER AVE 3551 ST GAUDENS RD ASPEN, CO 81611 ASPEN, CO 81611 COCONUT GROVE, FL 33133 KRAJIAN RON KUTINSKY BRIAN LANDA MICHAEL B 617 E COOPER AVE #114 7381 MOHANSIC DR 851 S JOSEPHINE ST ASPEN, CO 81611 BLOOMFIELD HILLS, MI 48301 DENVER, CO 80209 LAZY J RANCH LLC LANDIS JOSHUA B LANDRY ELIZABETH J C/O W R WALTON 715 E HYMAN AVE #4 PO BOX 3036 PO BOX 665 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 LEGNAME RUDI REV TRUST LIEB MADELINE TRUST MALLARD ENTERPRISES LP 250 S ORGINAL ST APT E 800 E HYMAN AVE #A 317 SIDNEY BAKER S #400 ASPEN, CO 81611-2057 ASPEN, CO 81611 KERRVILLE, TX 78028 MARTELL BARBARA MAVROVIC ERNA MAYLE KENNETH D 702 E HYMAN AVE 530 E 72ND ST APT 15-C 715 E HYMAN AVE #3 ASPEN, CO 81611 NEW YORK, NY 10021 ASPEN, CO 81611-2063 MCKENZIE MILTON & ARETA 2003 REV MCCUTCHIN GENE P MCFADDEN GORDON K TRUST 14833 MIDWAY #200 18519 E VALLEY RD 14860 MONTFORT #209 ADDISON, TX 75001 KENT, WA 98032 DALLAS, KS 75254 MCMURRAY WILLIAM & HELEN MIAO SANDRA MIKI 29 MIDDLE HEAD RD 9610 SYMPHONY MEADOW LN PO BOX 444 MOSMAN NSW 2088 VIENNA, VA 22182 ASPEN, CO 81612 AUSTRAILIA, MONTANARO JOHN & SUSAN FAMILY MJM AMENDED & RESTATED TRUST MOEN DONNE P & ELIZABETH A TRUST 1776 S LANE 8 CABALLEROS RD PO BOX 457 NORTHBROOK, IL 60062 ROLLING HILLS, CA 90274 MALIBU, CA 90265 NATTERER HELEN MYSKO BOHDAN D N S N ASSOCIATES INC 67 BAYPOINT CRES 418 E COOPER AVE SUITE 200 11051 WADDISON ST OTTAWA ASPEN, CO 81611 FRANKLIN PARK, IL 60131 ONTARIO CANADA, K2G6R1 NETHERY BRUCE NEUMANN MICHAEL NIELSON COL STEVE & CAROL D 715 E HYMAN AVE #25 7381 MOHASNIC DR 501 S FAIRFAX ASPEN, CO 81611-2063 BLOOMFIELD HILLS, MI 48301 ALEXANDRIA, VA 22314 OLITSKY TAMAR & STEPHEN OLITSKY TAMAR G & STEPHEN L P & L PROPERTIES LLC PO BOX 514 2127 HAINES WY 101 SOUTH 3RD ST #360 GWYNEDD VALLEY, PA 19437 LANSDALE, PA 19446 GRAND JUNCTION, CO 81501 PACIFIC WEST INVESTMENTS LLC PATIO BUILDING COMPANY LLC PEARSON REBECCA J 7115 ORCHARD LAKE RD STE 220 PO BOX 1066 1610 JOHNSON DR WEST BLOOMFIELD, MI 48322 ASPEN, CO 81612 STILLWATER, MN 55082 PRICE GAIL PETERSON CHRISPY & JAMES E PORTE BROOKE C/O ASPEN POTTERS INC 867 HAVEN CREST CT NORTH 3520 PADDOCK RD 231 E MAIN ST GRAND JUNCTION, CO 81506 WESTON, FL 33331-3521 ASPEN, CO 81611 RAHLEK LTD AT BANK OF AMERICA RAYMOND KIMBERLY A RED FLOWER PROP CO PTNSHP HARDING & CARBONE INC 802 E COOPER AVE 14 E 60TH ST STE 1200 3903 BELLAIRE BLVD ASPEN, CO 81611 NEW YORK, NY 10022-7114 HOUSTON, TX 77025 REICH DANIEL S TRUST 20% REICH MELVIN L TRUST 80% REVOLUTION PARTNERS LLC 6 RINCON ST 4609 SEASHORE DR PO BOX 1247 IRVINE, CA 92702 NEWPORT BEACH, CA 92663 ASPEN, CO 81612 ROSS JOHN F RUBENSTEIN ALAN B & CAROL S RUST TRUST 7600 CLAYTON RD 57 OLDFIELD DR 9401 WILSHIRE BLVD #760 ST LOUIS, MO 63117 SHERBORN, MA 01770 BEVERLY HILLS, CA 90212 RYERSON GEORGE W JR S & S REALTY PARTNERS LLC SAHN KAREN R 715 E HYMAN AVE #17 1040 FIFTH AVE #2C 715 E HYMAN AVE #11 ASPEN, CO 81611 NEW YORK, NY 10028 ASPEN, CO 81611-2063 SANDIFER C W JR TRUST 50% SAHR KAREN M SAKSON DREW SANDIFER DICKSIE L TRUST 50% 715 E HYMAN AVE #8 PO BOX 1625 240 LINDEN DR ASPEN, CO 81611 CARBONDALE, CO 81623-4625 BOULDER, CO 80304 SCHEINKMAN NANCY SCHEUERMAN JOANNE E SCHNITZER KENNETH L & LISA L 715 E HYMAN AVE #23 200 LOCUST ST #23A 2100 MCKINNEY AVE #1760 ASPEN, CO 81611 PHILADELPHIA, PA 19106 DALLAS, TX 75201 SCI ASPEN LLC SEGUIN JEFF W & MADALYN B SEGUIN MARY E TRUST 21554 MOUNTSFIELD DR PO BOX 8852 2404 LORING ST #155 GOLDEN, CO 80401 ASPEN, CO 81612 SAN DIEGO, CA 92109-2347 SHARP TERRI L SHERWIN GREGORY SHUMATE MARK 715 E HYMAN AVE #12 2907 SHADOW CREEK DR #104 1695 RIVERSIDE RD ASPEN, CO 81611 BOULDER, CO 80303 ROSWELL, GA 30076 SILVER CITY TOWNHOMES CONDO SMART EDWIN J SILVER DIP EQUITY VENTURE LLC ASSOC C/O R L STEENROD JR & ASSOC 2100 MCKINNEY STE 1760 COMMON AREA 2009 MARKET ST DALLAS, TX 75201 727 E HOPKINS AVE DENVER, CO 80205-2022 ASPEN, CO 81611 STERLING TRUST COMP SMITH ALICIA M SMITH JEFFREY L C/O BERG ALAN M 715 E HYMAN AVE #16 851 S JOSEPHINE ST 110 STONE CANYON RD ASPEN, CO 81611 DENVER, CO 80209 LOS ANGELES, CA 90077 STRIBLING DOROTHY THOMPSON RICHARD P TERMINELLO DENNIS J & KERRY L WACHOVIA BANK NA FL0135 RUSHING JIMMY C 656 RIDGEWAY PO BOX 40062 1171 BEACH BLVD WHITE PLAINS, NY 10605-4323 JACKSONVILLE, FL 32203-0062 JACKSONVILLE, FL 32250 TREUER CHRISTIN L TROUSDALE JEAN VICK VAUSE FAMILY TRUST 981 E BRIARWOOD CIR N 611 E HOPKINS AVE 3020 PLAZA DE MONTE LITTLETON, CO 80122 ASPEN, CO 81611 LAS VEGAS, NV 89102 VICTORIAN SQUARE LLC WALLEN-OSTERAA REV LIVING TRUST WALLING REBECCA C/O KATIE REED MGT 36 OCEAN VISTA 350 BLANCA AVE 418 E COOPER AVE NEWPORT BEACH, CA 92660 TAMPA, FL 33606 ASPEN, CO 81611 WARNKEN MARK G WEIDEL LAWRENCE W WEIGAND BROTHERS LLC 1610 JOHNSON DR PO BOX 1007 150 N MARKET STILLWATER, MN 55082 MONROE, GA 30655 WICHITA, KS 67202 WELLS RICHARD A & SUSAN T TRUST WILLIAMS CRAIG & LEE FAMILY WHITE WINDOWS LLC C/O MOORE & VAN ALLEN/ THOMAS PTNRSHP 614 E DURANT AVE OBANNON 8990 HEMPSTEAD HWY #200 ASPEN, CO 81611 100 N TRYON ST 47TH FLR HOUSTON, TX 77008 CHARLOTTE, NC 28202 WISE JOSEPH WOODS FRANK J 111 YERAMIAN CHARLES 1320 HODGES ST 205 S MILL ST #301A PO BOX 12347 RALEIGH, NC 27604-1414 ASPEN, CO 81611 ASPEN, CO 81612 ZENSEN ROGER 313 FRANCES THACKER WILLIAMSBURG, VA 23185 ~62Â·Q 4 2-737 - 1 9- 2-- 2/07 - 00 C 0014 - 2001 Â· AS l--14 09=11. #- / .01 Elle Edit Record Navigate Fgrm Reporis Format Iab Help @*) â€¢14141 92 23 a. 14 4 I 'J U .21 d# ele 0 ,/ <1 51 Ea . o /8 3/ 2, 09 9.4 Ji=-1 Yaluation I Custom Fields | actions | Fees ~ Parcels I Fee Summary | Sub Eermits | Attachments | Routing Status | Routing 4 I Permit Type ~aslu _jAspen Land Use Permit # ~0024,2009,ASLU ~ Address |300 55PRING ST Â£| Apt/Suite | City |ASPEN State |Co 1| Zip |81611 *| 2 Permit II ifut tiialiui i Master Permit | 11 Routing Queue ~asslu07 Applied |03/30/2009 2| Project ~ il Status Ipending Approved 1 d Description ~ EXTENTION OF VESTED RIGHTS FOR THE HANNAH DUSTIN SUBDIVISION FROM JULY Issued ~ 1 31, 2009 TO JULY 31, 2012 -- Final I Submitted |SNOWMASS CORP Clock |Running Days E--61 Expires |03/25/2010 13 -Owner----- ------ -- --- Last Name ~HANNAH DU5TIN BUILDING ~ First Name ~ 229 MIDLAND AVE BASALT CO 81621 Phone ~ E Owner Is Applicant? Applicant Last Name ~NOWMASS CORP 11 First Name j PO BOX 5000 i ~ 5NOWMA55 VILLAGE CO 81615 Phone ~ Cust # ~233706 Lender Last Name ~ Â£~ First Name ~ Phone ~ U *iÂ· i AspenGold{b) . IL- 1 Record: 1 of 1 C'/0 4 1/ 4-70 -O 0 I 0 Co el, 5Â«67% (164 10,0, 0901 60,n ke- Py-01 0-n CM bokÂ·itz n 900 2 SU-l ~L u.~..U.QI- -*i ed-Artss 6- ?4~- m.4 As- 3130 kn 41001| ~noig qell 1 j 4?4 ATTACHMENT 2-LAND USE APPLICATION 0/kii.t PROJECT: Nanne: Hannah Dustin Subdivision Location: 300 Spring Street, Aspen, CO 81611 ''' p or'' (Indicate street address, lot & block number, legal description where appropriate) .>t (4344# Parcel ID # (REQUIRED) 17 3 7- le-2- 2-7 -00 I APPLICANT: Name: Snowmass Corporation Address: P. O. Box 620, Basalt, CO 81621 (970) 927-0847 Phone #: REPRESENTATIVE: Name: David J. Myler, The Myler Law Firm, P.C. Address: 211 Midland Avenue, Suite 201, Basalt, CO 81621 (970) 927-0456 Phone #: TYPE OF APPLICATION: (please check all that apply): GMQS Exemption D Conceptual PUD U Temporary Use GMQS Allotment 2 Final PUD (& PUD Amendment) El Text/Map Amendment Special Review 8 Subdivision Ed Conceptual SPA ESA - 8040 Greenline, 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 El Small Lodge Conversion/ Expansion U Residential Design Variance El Lot Line Adjustment ~ Other: Extension of Vested Rights U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Development of mixed use project approved by Ordinance No. 16, Series of 2006, including a Subdivision Agreement. PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) To provide extension of the current vested rights period from July 31, 2009 to July 31, 2012. Have you attached the following? FEES DUE: $ 1,470.00 ~ Pre-Application Conference Summary 1 Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form N Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be fulded. 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 electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. nmmn HYMAN STREET BROWNSTONES, LLC c/o John A. Elmore II P. O. Box 381 Wrightsville Beach, NC 28480 (970) 379-7955 April 21,2009 City of Aspen Community Development Department Attention: Jennifer Phelan 130 South Galena Street Aspen, CO 81611 RE: Application for Extension of Vested Rights 300 Spring Street (Hannah Dustin) Dear Jennifer: I, John A. Elmore II, as Manager ofHyman Street Brownstones, LLC (the owner of Unit B, Hannah Dustin, a Condominium), herebyauthorize the Snowmass Corporation (the ownerofUnit A, Hannah Dustin, a Condominium), through The Myler Law Firm, P.C., to submit and process an Application for Extension ofVested Rights for Hannah Dustin (300 Spring Street, Aspen, Colorado). If you have any questions or require any additional information, please do not hesitate to contact me. Very truly yours, HYMAN STREET BROWNSTONES, LLC ~ JohkA. Elmore II, Manager CITY OF ASPEN PRE.APPLICATION CONFERENCE SUMMARY PLANNER: Errin Evans, 429-2745 DATE: 03.10.2009 PROJECT: 300 Spring Street (Hannah Dustin) - Extension of Vested Rights REPRESENTATIVE: Robyn Myler Tel: 927-0456 DESCRIPTION The Applicant would like to request an extension of vested rights for the Hannah Dustin project. The project consists of residential and commercial additions to the existing building located at 300 S Spring Street. The residential portion of the project is complete and the applicant has not yet completed the commercial portion of 2,440 square feet, To receive an extension of vested rights, the applicant must submit an application to Council for approval by resolution at a public hearing. Land Use Code Section(s) 26.304.030 Common Development Review Procedures 26.308.010 Vested Property Rights http://www.aspenpitkin.com/depts/38/citycode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - City Council Planning Fees: $1470 Deposit for 6 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $235/hour). Total Deposit: $1470 To apply, submit the following information: 1. Total deposit for review of the application. 2, Proof of ownership, 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative ~ authorized to act on behalf of the applicant. 5. Signed fee agreement, 6. Pre-application conference summary, 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certjficate 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. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9. An 8 1/2"by 11"vicinity map locating the parcel within the City of Aspen. 10. Additional application material as required for each specific review. (See application packet and land use code) 11. Approved development plans on which vested rights are to be extended. 12. Copies of prior approvals. 13, 10 Copies of the complete application packet and maps. 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, 44 14'At 1 'rt 41 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT k ~~*~~ 66Â·,T' Agreement for Pavment of Citv of Asnen Develonment Application Fees vl/U "MON#T* r- A, 2009 CITY OF ASPEN (hereinafter CITY) and Snowmass Corporation Del/ENVEN (licreinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY art application for Extension of Vested Rights forthe Hannah Dustin Subdivision (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 Ibet; is a condition precedent to a determination of application a completeness. 3. APPLICANT and CITY agree that because of the size. nature or scope of the proposed project. it -4.: is not possible at this time to ascertain the full extent of the costs involved in processing the application. 6 APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an U initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly basis. APPI.ICANT agrees additional costs may accrue tollowing their hearings and/or approvals. APPLICANT agrees he - 2Â·~'. will he benefited by retaining greater cash liquidity and will make additional payments upon notification by the * Â·' CITY when they are necessary as costs are incurred. CITY agrees it will he benefited through the greater certainty o f 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 inforniation to the I listoric Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning atid Zoning Commission and/or City Council to make legally required lindings 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 jiill fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1,470.00 which is fur six (6) 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 S235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. .APPLICANT further agrees that ihilure to pay such accrued costs shall be grounds for suspension ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT SNOWMA~ CORPORATION/3 Bv: Chris Bendon ~01.Aw w. Light, Sggret6fkE,pasurer Community Development Director Date: -5- 73 -07 Billing Address and Telephone Number: P. O. Box 620 Basalt, CO 81621 C..>. THE MYLER LAW FIRM, P.C. TELEPHONE A Colorado Professional Corporation DAVID J MYLER' (970) 927-0456 ROBYN J. MYLER 123 FACSIMILE (970) 927-0374 ADMI I'TED IN CO', NY'. CT' 211 MIDLAND AVENUE EMAIL.S Sun'E 201 dmyler@mylerlawpc,com BASALT, COLORADO 81621 rmyler@mylerlawpc.com RHONDA E NEFF, LEGALL ASSISTANT meff@mylerlawpc,com CONN]E A WOOD, LEGAL ASSISTANT cwood@mylerlawpc. com March 26,2009 1 j..... '40 Ge: 1 0 Qi= M. 3 2 7 2009 VIA OSM DELIVERY u, 2 i U r nor L=N Errin Evans COMMUNITY DEVELOPMENT City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, CO 81611 RE: Request for Extension of Vested Rights - 300 Spring Street (Hannah Dustin) Dear Errin: Enclosed are the materials required by the Pre-Application Conference Summary for the above-referenced request forextensionofvested rights, along with Check #20-010807 for $1,470.00 from Snowmass Corporation to cover the initial fees for this Application. We have provided an original and 10 copies o f these materials for your use. Please let me know i f you need anything further. Very truly yours, THE MYLER 1,AW FIRM, P.C. f ju~U_L> 0- By: Ou \ David J. Myler \ Enclosures ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Hannah Dustin Condominiums, Unit A Applicant: Snowmass Corporation Location: 300 Spring Street, Lots A, B, C, D, Block 105 Zone District: Condominium Lot Size: Approximately 0.1378 Lot Area: ( for the purposes o f calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: 2440 sq. ft. Number of residential units: Existing: Proposed: 1 Affordable Unit Number of bedrooms: Existing: Proposed: 2 Bedrooms Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: 7992.16 Allowable: Proposed: Principal bldg. height: Existing: N/A Allowable: N/A Proposed: NIA Access. bldg. height: Existing. N/A Allowable: NhA Proposed: MA On-Site parking: Existing: NIA Required: NhA Proposed: NIA % Site coverage: Existing: N/A Required: N/A Proposed. NIA % Open Space: Existing: N/A Required: N/A Proposed: NIA Front Setback: Existing: N/A Required: N/A Proposed: NIA Rear Setback: Existing: N/A Required: N/A Proposed: NIA Combined F/R: Existing: N/A Required: N/A Proposed: NIA Side Setback: Existing: N/A Required: N/A Proposed: NIA Side Setback: Existing: NIA Required: N/A Proposed. NIA Combined Sides: Existing: N/A Required: N/A Proposed: NIA Distance Between Existing N/A Required: N/A Proposed:_31 Buildings Existing non-conformities or encroachments: Variations requested: 1 U 'h e. 1,7 i.= 75Â§40 './1.1 -O i h. 0 - i L" 1 L., ' ' "49:6760.~2... 4, / i .. a* . f./.1-... i 14* .. , :[.._.1,/Â· . 2/: #0 :- . 9... ...1 1 . 5 1 + r cil .. 7 + :Â·,' , . :': .1 < 3 It lia 2...f:11,,--14Â¢4 ..1 4 â€¢ L ..0 'Â· . 25.@ 6 i p e-n- f ,< I i %>'44 i 4.-1 I.- . h. kN- i 12. 0 + .2. wit'ME 364)444:,4.7-3 1.4 . 1 4. 4114 7 905,1 4'.4Â·94.2443 4.-r.AFEÂ·:t ... Â·Â· ' PÂ· 2 *fÂ·â€¢F. 42~~*Z9.62 d42~~:, *4' 45 <" 1....1 42.1.~~.p.~6~ l -K.'.,1 71/......t ; $ 5% - - V . 2 ..' 0 9 6 - 1 . - - 1 2. 1. 1 ..k: I 'A. 70 ...1 Â· Â·Â· 6 .. UN, -P.=.2* - . ; â€¢ 4 ' ~2 . .F $-LÂ· -4..0 0~7=4#k# 1" p41 4, Â·,1 3 . rt . - . ... I Lle .Â· 43Â· I : Â·. J Â·' :- . - t -?rY: A. 4 11, Â«t#1.--'94*WA, 1;. 1 .1 . 211: .* 43 -- 74..5..6*40 1.0 ... '14 . 1. Ar. I .*.er# 111Wfla1 2&Â·~ + W 7 ..7.- P . 4. t. I.:1 ' j A j :- , 2,7-73â€¢ ';:tlLW , le;=c '-t'â€¢A.Tâ€¢ p Ar/52$i&/atw *28 -p, 4*4 .kÂ·â€¢ - - .6. 4. 1 - . 1 4 - - 1 a h .'..39#44:14 - - 1'..43, I..ty,al- An %9 'Â· i ,-,I j 'A.1 '' 4,1 1. . ,- .imb,1 - 4 - 184* 2-=4. * R/~-1 0..Cv#: tp, , b,# 4' :2 :- 6 ' 4 I '~$;0~- NK' ] t. E.' # , . fly **41.... 7 ~ 44~Â£ 39ft |11*04: .4 , 6767 . L-1 r - r Â· 1 ,-/294Â·,i Lk ' 1 4/ 02- . 9% -4 - ... .'I :' .. , , I - al . t' r,.. 2 Â· - I # .. all _ m I.- p i -' 1 .2 1 , ir 4. aÂ· fl: ,Â·C./ : 0. 40 m M ~ Ce A p! 1 .E I leÂ«â€ž t> . U .. '. M./. :4 -*... e ..th ' 0 1~"gate.2.1 . : 113 0-;21. 1 .704& - '- 1 "4*s. .44, e or #94-: 5 % 2 Â·.4, 30 - .... 1.-â‚¬. â€¢ . , 1: - 1 ,Â· 1 vA- , .1 : 1 1-" - 1...............4. Ar.':11-,1 4.1 .I..... ....1- I.... 7 Â·' .:., 027..'.* 7-1 -2-" MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: 462*,t GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE ~412/ . wivED SNNOWMASS CORPORATION r (11 1 ,( < .4 LEGAL DESCRIPTION DUMop ur / 2009 Â¥/7-Y 06012'.,trA, UNIT A, HANNAH-DUSTIN CONDOMINIUMS, according to the Plat thereof recorded October 2,1984*flat Book 17 at Page 78 as Reception No. 271969 and First Amended Plat of the Hannah Dustin Condominium&, recorded August 29,2006 in Plat Book 80 at Page 3 as Reception No. 527927, and as defined and described by the Amended and Restated Condominium Declaration of HANNAH-DUSTIN, A CONDOMINIUM recorded August 29,2006 as Reception No. 527925 and as shown on the HANNAH DUSTIN SUBDIVISION PLAT, recorded Septemer 25, 2006 in Plat Book 81 at Page 44 as Reception No. 528934. DEED OF TRUST APPARENTLY UNRELEASED DEED OF TRUST FROM: SNOWMASS CORPORATION TO THE PUBLIC TRUSTEE OF THE COUNTY OF PITKIN FOR THE USE OF BANK OF AMERICA, N.A. TO SECURE $8,000,000.00 DATED 09/04/2008 RECORDED 09/08/2008 RECEPTION NO. 552734 Assignment of Leases and Rents and Other Income recorded September 8,2008 and UCC Filing recorded September 8,2008 as Reception No. 552736. LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: MARCH 11, 2009 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: ACCOM2442 ' 45Â« 'y' ' 94=, {f 41 SNOWMASS CORPORATION 90 do Andrew W. Light 93? P. O. Box 620 . Al. .'*i Basalt, CO 81621 94 (970) 927-0847 A*,9 -4.1 amN. 1 liffin March 24,2009 *9 ter) City of Aspen 4,4 Community Development Department lt' Attention: Errin Evans '4 %.ti 130 South Galena Street :1. e . Aspen, CO 81611 dfâ‚¬ Â·:.A f".' A,A. RE: Application for Extension of Vested Rights ti"r. *7 300 Spring Street (Hannah Dustin Subdivision) 16 '14.ki< Dear Errin: 1Â·,r ' 4, 1, Andrew W. Light, as Secretary/Treasurer of the Snowmass Corporation, hereby authonze * The Myler Law Firm, P.C. to submit and process ort our behalf an Application for Extension of liI?,4 4% Vested Rights for the land area in the City of Aspen shown on enclosed Exhibit A. The names and :24 4 43 relevant contacts are as follows: . 2 -e = 01. The Myler Law Firm, P.C. David J. Myler and Robyn J. Myler 211 Midland Avenue, Suite 201 Basalt, Colorado 81621 (970) 927-0456 .-rÂ·Â·tÂ·. Thank you for your consideration of this Application. If you have any questions or require Nt any additional information, please do not hesitate to contact me. 9Â·Â·*4â‚¬>' ri,tiÂ· tti4 ' Very truly yours, .4,6 7:16: 24* , Â·Â·Â· SNOWMOgf TORPORAT*N~ $ 44,01 . Mirb... By: 671 4 ; 4.9 Â¢ pdr30 W. ight, Se tary/Treasurer 94 B,-kik Enclosure 1 '4.4,; 4* 1:' ff: :.lk -*a 4 EXHIBIT A LEGAL DESCRIPTION UNIT A, HANNAH-DUSTIN CONDOMINIUMS, according to the Plat thereof recorded October 2, 1985, in Plat Book 17 at Page 78, as Reception No. 271969, and First Amended Plat of the Hannah Dustin Condominiums, recorded August 29,2006, in Plat Book 80 at Page 3, as Reception f No. 527927, and as defined and described by the Amended and Restated Condominium 2 Declaration of HANNAH-DUSTIN, A CONDOMINIUM, recorded August29,2006, as Reception No. D.Â· 527925. and as shown on the HANNAH DUSTIN SUBDIVISION PLAT, recorded September 25, 2006. in Plat Book 81 at Page 44. as Reception No. 528934. i f I .4 4 t -1 . t JL ./ . lif ~ *21%â‚¬1:" FIRST AMENDED PLAT OF THE HANNAH DUSTIN CONDOMINIUMb RECEPTION .O 27 961 -1320 93 +OTS ABC AND J BLOCK !05 C Â¥v AND TOWNS' -E OR ASPEN 0 10 20 C -v OC :SDEN JOUNY OP / TK,j 5~ATE OF COLORADO ARE, 0 2756 ACRES -/- 2 000 5 ' -/ LEGEND AND NOTES THE 3/R-CSE OP THIS CONDOMÂ·NÂ·.,M P_,\~ S 'C ..MEND THE OR,GINK,L -ANN# DUST,N CONDOMIN,JM PAT -0 CONDOMINIUM ZE -RE P,RCEL CONS;ST NG OF _015 A-D, BLOCK 05 C Tv AND -OWNS -E OF ASPEN NTO JN 1 "S A A.ND 8 EXECUT , ON I COUND .. .. SUR'. f.... . DESCA,BED OWNER S CERT = CATE OF THÂ·5 P.4- DOES NOT SUBD VIDE THE DROPER-Y NTO TWO 12} SEPERATE PARCELS PLEASE NOTE Ta,T A SUBDIp:SION CLAT *'LL 4-SO -'AVE -0 BE = _ED -C DERFEC' KNOW ~LL MEN . 54ESE 'RESENTS TH~T ,Â«lAN AYE'.UE *D NGS : T..al ).2 . a S...CONTROL 7.9 _AND LISE ENTICLE"Ei" GRAN-ED $ ORE ANCE 6 SER ES r 2006 BLOCK .5 TITLE .FORMAT:ON HANIS.D SÂ¥ .1. AND ./.5 I. C. ISPE~ p,=MrN COUNTY TITLE IC CÂ·~Y OF ASPEN COUNTÂ¥ OF : -1[ I S.I . Co ...De No DATED .NUARY 4 2003 Do I.E. CER- m. -4- -- 3 M~T -,5 3/. IDE â€¢.55 /2/51â€¢N C 'Ul 'URPOSES sh-Ell' 7â€žE â€žMENDED) AP.0 REST'-ED> OECORAT + 0. INAM D-ST .1 , CONDOÂ¢, iNIUM RECO~DED TÂ·,E i.Â£ G~Y OF PENCE .#IR., 3%1 0: Fii,;.:Mi#Mâ€¢* 4 -ME RECORDS OF TAE CLERK AND .020.. Q S-REE- - G. BAST - EXECUTED 4 222z CAY oâ€¢ 64& 02' SEE CONDOMINIUM ..T COR CONDOM;N'UM Â·4F0RM~' ON --TK-)-% -43 1. '.,\., C E '1/1 -ED .0.10/ ELEMENT ..m --Ll Â«4/GE' OF *-Al /Â¥ENUE ..D -S 2 C â‚¬ GENER' CO-ON ELE+ENT O ......... ... 070 3,9 343â€¢ - INUU Coul-V C. P I. 4 J SLANTED TEXT DENOTES BUILDING TIE 4-7 40 5 RE .M 'BM .g 8 -X- ... '000 'i' NOR'IEST CORNER BLOCK 05 51,TE OF COLORt Oi JNIT @OUND,~RIES ARE I' Rier -* -0 --E Â»JNW --444- .EvATION B~$60 ON ASPEN SPI ~OLV IC 5 M': ON 79 0 7. 1 2006 BY PEÂ¥ER gORNELL MANAGER OF Â·!Â¥Mâ€¢~. ~(YEâ€¢â€¢Ur,1~0Â¥) 1,â€¢GS ... 0~NE# THE .0.EGOIN. OWNER S CERT . CA-E *AS *CKNowl'Ddee BE-RE â€¢0 â„¢11 2- -â€¢â€¢ . ~'ta 1 ' )EVE~OPâ€¢EN' OWNER /!T./S MY */ AND O,/IC ./ SEAL 1 j do 0 -3.Â·Er-- - * Cr'"~0: UP RES 4 4.-1 i : ..1. 1 1 i 2 7SoP L m'# 42,c: l.- '. 1 1% LOT. r SLRVEVORS CERTI=.CATE 1 : IRECTiON AND SUPE-; 5.04 OF â€¢ME .EREON DESCRIBED PROPERTY â€¢HE BUILDINGS SHOWN HEREON .RE A â€ž - 37 1. JOIN 11 ..WORTH .+EREBÂ¥ CER- 1.â€¢ T-7 A SUR.GÂ¥ I.S PER..MED Â»R NG.J.Y 2006 UNDER In POUND -0 ~E .00â€¢TED :EREON, AS SHOWN 014 -:i]S COMMON INTEkEST COMMUNIrY MAP 'HE LOCATION ~NO suasTANTIALLY DEPICTs Tl~ LOCATION AND IORÂ·ZONTAL DIMENS 045 9:F 'AE UNITS AND BIGNATIONS EXTEM,OR 'IMENS:ONS OF .E 04!. ARE AiCURATE. SNOWN 0.4 THIS MAP AND THE M~P ACCURATELY ./ B 2 - -â€¢EREOF 1 ~ EXH~US' s iGNED :15 -4/_ Iâ€¢/ OF - _ :006 "' UN I Ti A ; Lor , <1 7-,2. $ 6 2. ' 5,990 JONN MOWORTH f i , i T 1 7 2 5 CER T 1 S ' C ' T E ..S OF ./3 El/: i ./#i i.j ; U ON THIS PLAT Do HOLD FEE 5.4â€¢_E TITLE *0 thE ..TH:N RE,L â€¢qoâ€¢FRTY. FREE AND CLEAR OF â€¢. LIENS Â£07 - - AE:;5 29 DOING Bus,NE35 1. PirKIN COUNTY COLOR,DO JOES ,â‚¬RED CERT Fy TMA' THE PERSONS .ISTED AS OWNEAS THE UNDE~SiGNED A OUtÂ¥ ~UTHORIZED REPRESEN'AT,VE OF P TI('4 COUNTY TITLE iNC .EGUWLY iND ENCule.NCES EXCEP. â„¢OSE .IsTED ON THE 0*NERS CER-+CATE .THOUel . BELIEVE W ..S SR.. PA*~ I 21 / i 57~ED ON . S P.' ARE TRUE TM~S CER-lF]CATE '5 40- -0 85 CONSTRUED AS i N ~STRACT OF I~TLE .R * OPIN,OK oF -,-LE 40' A Gu.ANTEE OF liTI ~D T !8 UNDERSTOOD # IREED THAT .1.1. r COUNTY TITLE ,/C NE TH. SSUMES NOR Wl/- BE CHARGED ~in. AN~ mINANC ~L OBLIGATION OR LIABILd,V WHATSOEVER IN ANY 5Â»TEME.T CONÂ¥â€¢ NED -ERâ‚¬'I 'l: ) .!1\~\I ./1/T..11 '4 . r .01 E -10./. ./.*I' 3? b -40 , 2 ~'PEN col,}'UÂ·,?11131 \ M . 3-3 , . Pe . SIGNED 946.03 :E 1 - im ST,TE . COLORADO h Ar" i l C - .00. -- -' I , COUNTY OF 'GKIN 1 4. 7922 8 co.~ - ~ Go Â· 0- .,fp..n.+ITAE,8#1'KICATE WAS ACKS'**4$2,=0.1-7,?'*ct:.T~46006 I i 1. -1 ~ . Uk ./: d 0 m ail; .1 1 NOTAÂ»,Jei,c , 4) COMMUN TV DEVEOPMEN- ENG NEERS APPROVAL *00,Â¢w-â‚¬%-5 11 1 / UNIT B 2 + 01 h,, S P.-AT .*As sE'!EWED AN~ APP@evED B'F -111 â‚¬0-14' ty DEVE~00Â»MENT 01 ENGINEER SIGNED THIS 21_ i f 02 DAY OF.At_.1=--0 2000 -- 9 4 ~8 3 1 ./ ColllUNIT, ....0*4Â¥ ING + 4 40 & OFFICE BUILDING -- 4 41 COMMUN TV DEVELD)2"12\1- ADDRCÂ·VA: . 1! POSTED .RESS 100 % #,5 P.AT WA .Af'QOVED 8Â¥ 1â€¢,0 2...' ~' DE.rE.OPMEN- 2 .C-OR OF *41 C TÂ¥ 00 ASPED, COLORAD') SIGNED â„¢'S _eÂ·,r 1/: -14.1-1 20Ce kf Â¥ 1 23-T,7#v"pâ€¢..1 0 .Ec-Â·09 1.-p -â€¢v , 7- U 'St./ n I =t - 'Ill' - C.ERK At.0 RECORDERS ACJEC-ANCE Â£ DE. , 39 9 +Â«-- 0/ ./ I. C 0, Y ' .~.1 2 /0 5 RE ./R 9 ' Twis PLAT .S ACCEPTED :01 Ii. . 4 006 CE :F -.2 2-ERâ€¢ ./ RECOpER 0, -,4 COUNT. OF P TKIN S-ATE Â¥ COLORADO .... CLOCK A Â¥ 4 3 2- ..â€¢4 0 i. 200. AN. 'ECOMDED i. PW BOOK'Il â€¢- Pâ€¢<38 _1 4 RECE" CiN 4-ER "7 1 7 i 4 6 . 6- .'d. tuu=o .A i, u..1 45.83 VICINITY MA 22 1 Â£ 1 84, AND RECORDE# , /1 9 r i 14 030,Â·... 9- 4-gn:w-7 #10Â· 0- Cfy'4,0 .'27-04 .4 1 - 2 00 ore ' '~"~" nm, 3.992~7 28 29 20,6.eu b.i--73 O (# F gin.. p.-9 9\ 2% 9 ALLEY D' 202. 4- : 0 I lb-,4'-u (1414,Â·4'01.,4.-+ .4/ 4,4 95.-a 7:76 J3~ ,L~ -4413.920.tioectib-. .Â°17,8 Â£ *12Â®q PREPARED S. ABDEN SURVEY ENG NEERS NC 2,0 SOUTH GALENA STREET ASPEN ./RAce :e â‚¬NCE AN'f LEG~ SHEET 1 OF 1 39,003Ekei .LAâ€žOU _ ~7=6) ~wo.G. '970, .5 . 6 D~rE J08 *8,?*,ENX-E 8/06 io~60DD ~uRVEÂ¥OR SOUTH PRING STREET 111 11 1 hooK 17 Ali 73 - CONDOMINIUM MAP OF OWNER'S CERTIFICATE HANNAH DUSTIN CONDOMINIUM /â€¢A.< HOus/ Â·Â·At . ED r.. 1 6 ./. '.' r 25.-O.%' .el - -POÂ»NS TE -7 - W ..t I ./ 4 - a 1 - P--I {2, 2- 'A 11-hck SCALE /'p./. PJB~ PAR'-G AL,~EA . . I AS.20' L_OCATION O. 2~Â·f . a., 2- 5 ..C El 1 INCH 'O FT 5-*ES u NE ,_2-1-7-U' IC/ UN' -- 1 C ; .. 7.52 23 9 LECâ‚¬. -CE D .1./.c C 0 .5 RE .r -r ir-1.- A "r SURVEYOR'S CER ] ir IL,A l E L /i\ / I =- r- s~u-2 1 4 EC..3 ' I lal ! -11:1 9% / ' J =--E--0 - ' 2 ./CL~/.4.~f,Â·D - i 4 r Cf . 1. 1 ,Â£. C,TÂ¥ OF ASPEN ENC"AC"EN- i - LICEâ€¢st RECORDED ... 000* 213& /4 I 5,1-12/ .... 5=:C-/24 , A Â·, p H. 11~. 111.5 3 6. mASE.4/EN- llc I < w f' ~c ~. i... ENCPCACLAMEL- 13Â£ - aw -Â·. F .- w. C ..2 ./. ...C LEGEND 6 NOTES / 1 S"CON -- U.17 10 'IN , i. 14 ~. i V .- 1& ti 8 Â· -/81&-5 1 1 I 2- -0, 9 . r. / 2 rE - .7- Nrf /.:a , b 11- - - 16 E-- Â· .C,~--' - ~ 1 Â·4 2 2- aspe PLANNING 8 ZONING APPRON. -Al 1 - J - 4 8 . : . d'*il j <: 0 '~12~%~V .,7"- -0.- I: . e CE 5 ' ~ ~~ ~ ~'~ ' Â·Â·ANt- ~._ , . ~ . M -10.~ 1 --- â€¢â€¢ . A .2-2>ic. I. r . TED 4 . E h Â»- ASPEN CIT'/ COUNCIL APPRO. ' f 'Â·AN;,2~3.1--,i UGNiX>MIMILN -' >7 25: *41 4.=- c i ..~ 2-.EÂ» . TITLE CERTIFICATE V= I. Â·(C '42â‚¬.5 S~' - . ......T Â·Â£ 0, A 31?p, 1 /3-RER .E ./6. Pat-:7& - , , S. -T,Â·il OF T ),Â£ ~wâ€¢ ~ e~ . ' t ~- '~ ,~ '42 : .4 .... . TED ..1 0./. 14' 21. r.,5 IL I Dâ‚¬ I. ' : Ill E Â·. ' . CITY ENGINEER'S APPPO . la up 9.- I E..%' - . "ACPâ‚¬87' PREE I Â· -~EA' OF A.. .IENS ...Â· EÂ· 23-11 -4 ve ~A "CEP- -- --- ,Â·' --â€¢E Â¥ '.2 â€¢41-41â€¢-E CiouN.T,dâ‚¬'- ~ 9 34 â€¢ - 20> J..P, 3 EcrEC- :_i_.0 1FNESâ€¢FI- vE., SE.-' ersâ€¢,0.4- - -_Â· , ---- A.T.OUG' .E 'EL Eli -/E 'ACTS ill".0 A IF -@,1, 7/:b ./ I Â· - â€¢,0. ~Â© BE C~45'R-E- AS ~N ASSTA~CV OF r,Â¥~â‚¬ NOP =., ., h .... UA'INT' 0. yil_E A.0 '~ 5 ......40/2 AND AGREED THAT VE'â€¢ART T 7.* 2, a 41+ #* 4.5 -47 *:TB ANY' I.N.,AL DIL!/ATION .R . ABI- â€¢. CLERK 8 RECORDERS AC CONTAINED -EÂ·Elf I â€¢ :Ti f E . A v C VICINITY MAP r sâ€¢UE 06. i kâ€¢ 0_.WAN;-r ':. VE .98/(64'Bâ‚¬t â€¢/Â· .... wi . "4 r 1~-7 r -* 1 8 7 _ 4" - -- -Â« -+- - 44 ~ ~A~.M. 7 +- Â· 4- 7 'SVE' I 4 Â·2 e Â·4Â·....# 4,/ '. 0 ME)' Y 't--7.1~Tle luj . I i J O. 41 2 : O I h~- Â· :. .r ~Ulltil,171 . LI - Mer.* 1 100 51 .S D.., IrJDEX ,& Wj, 4044.1 4.2- . 0 -I -0 9 ~ P E BAC< 4 1/:CA V. ''4./. j L.'5:#Elf ~b *21 -03. i e.,4--E.. - 6 0./ /4.- '04 4. E -_ < 2-4 I. 1 0 00: 80. K #7 40. 79 4 le '. 223(~~ 52 30 -El .CKDll 0 - I ES-r e C E k L - ; Rool 2CE e. 3 0 1 2.2 - U .- ...E:, b tO t n. - - 4- 0. ./. I. I N ' Â·C . STORAGE Â· I ROONÂ· 22 22 y 6CE 4 00 I. 33' --U E 82 Baic-/0,7-!c - 2~ r ect 1 2 4/ 4-JOD C Det 1, - A.D. I 1 a. L W z<Et 1>14 BASEMENT LEGEND FIRST FLOOR ~ 0- E. - v-12 C Lv,VON EL2A'1/. 6 - 2 6/NT//- COYÂ·,04 6_EMENT '*EA'IN<i. ..#' E PeVÂ·Â·~l.- /%--Â·5 A~a, ONPOMâ€¢lic. L'NT k'.') ill 'BE A. I.<> I.- SCALE I" = 5' SHEET 2 OF 5 16.Â£ /7 AiR 79 2( 4,7, 0 1.' 11 c:... -1-/-../.~0 t., 0 Â£ W f 81 lo III' lou- 1 2/'.1 111 11 0 7 4 .'. - .... ' " *498 1 .,U 0 - 1, OI 11 1 0 (n 1 0110 11. 1 M 71/ ' t ! / .1,1 u bAN rl I I l' ./ I I el 4 1 !W I 1 . 1 - loj 1 0, ~ . l' 0, 1-1 M 1, U Em 11 q , 3 1, 31 4 I -EW :2 1 U J,9 001 8 I . 3 f I 1 9 i y â€¢a S 5 9 1,0 2 /46,1 - 0, 1 1 3Â· Z 4% A E Fwi'li L J . 9 111 T 21 N i 2.1 ! o.w, , 1 21 1 0 Q . /1 0 1 00'ZO P y %'1 4 . ps'.i .)4 ,? L,1 L 0 On I I k f' 1, 2% I 33 Z 1 DI IN ..1 0 1 865 2, ~ hisi- . 0 41 119 1 1 0 1 J 1 6 I ' Â·. W 0 0 e Z 1-71 1 0 01 2 1 [) liul) 1 0 0 1 9 u Â« IIi '131 1/111| 1 0 1 L 09 14.i 4/ 109 f 8-K /7 41/ Bo I. - 25 0 -0 80013 OHIHi ./.â€¢- 1 . /fll N 6.01< 17 p.' 9/ LEGEND . C E - I -3 2 COr'/6./CN E.EMEK- G<LE 'Ele/,AL COMMON E_/99.- bE.AB u WA,--= i Â¥Â«mr/,~N ,Â«._t A i.1 E- SeuÂ·... I. 1 200= -* 2 -5 I I - ./0. -/52 - - Fl . *EN .Ca , ~ r ICI- EA.~E AS UNJ ~C~ - -5/2 ICE S .C. ...C'. DEM 7 i Â·Â· 5.-.EZE ILDO=>'O -- 2 W ~ REN 22 2 ly. L - - % Â·Â· SuED' FLCKJA -c- 32 = GEE I= - 2 2 ' S A - At . -- 132 ~ Â£. M ---- 2 .6/EL =_DOR -=4 2L Z ~ - --/7 --COR " 2 WEST ELEVATION NORTH ELEVATION C ie SCALE i" = 5' SHEET 4 OF 5 160* 0 -7 P.,< St BooK '-1 Al' 8 2 OPE' 70 GROO: FLOOR 97 50 -- ~ - 4 03 7932 96 -- 79332 1\ - 94 '08 r .1 " fa 7925 4â€¢ -- - 9 PLAN VIEW LOFT CRAW_ SPACE -CE ./ % C .COD 0ECK UNIT !O NORTH ELEVATION UNIT 10 *005 'ECK I _CE 24'2 1 -j 1 1-68 ' I 69 I * -933,2 Â«3 A- i 4 4 , 7 n '-7932 96 PLAN VIEW FIRST FLOOR 1 .2 LEGEND _1.._ _zi.- _-__ __ _.---1 - _ 792: 44 'UNIT 10 273 WEST ELEVATION --- Bul/CING OVER,lhC UNIT 10 SCALE I" = 5' SHEET 5 OF 5 book /7 PA, a k 1 I. 1 /0 - 'i - THE MYLER LAW FIRM, P.C. ./---72.. - (22 . U b /\ 1_ Â¥l +I~~~~~~~ 211 MIDLAND AVENUE. SUITE 201 , PM O . A- 1 j (I E /~~//) O:21 BASALT, COLORADO 81621 <I.f, 71 ''AY .Pf Heart ~/9 44 ~4 tb Â¢ CHATEAU ASPEN CONDO ASSOC 630 E COOPER AVE ASPEN, CO 81611 NIXIC 002 DE 1 00 05/2-7/09 RETURN TO SENDER NO MAIL RECEPTACLE UNABLE TO FORWARD BC: 81621837451 *1479-06840-21-39 6 16Â¥*52*â‚¬93ZSC 11,11)11111,11,1,~1)1,11111111â€ž111,11â€ž111â€ž1'111111111,1,111 â‚¬ 491 1% 11,<,JN ALWAYS Cl 11 0- r- if 12 0 E \.1 2 i MAY ig;1~ f. 7 Ir' ru-1 't - LÂ·U:.,L- PUBLIC NOTICE RE: 300 S. SPRING STREET - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 8,2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Snowmass Corporation, P.O, Box 620, Basalt, CO 81621, which is the owner of the subject property. The Applicant requests an extension of vested rights to develop the site with their approved development plan for 2.440 square feet of net leasable office space and one affordable housing unit, commonly known as the "Commercial Phase" of the Hannah Dustin SubdiViSiOn, Unit A, located at 300 S. Spring Street. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, Jennifer.Phelan@ci.aspen.co.us. s/ Michael C. Ireland, Mavor Aspen City Council Published in the Aspen Times on May 24,2009 City of Aspen Account THE MYLER LAW FIRM, P.C. h. 0 - 0,3, ~ .. /7 2 f: A 211 MIDLAND AVENUE, SUITE 201 - CI~ BASALT, COLORADO 81021 .1 MAÂ¥ 5 / Purple L 4~ Hcan LEGNAME RUDI REV TRUST 250 S ORGINAL ST APT E ASPEN, CO 81611-2057 NIXIE GO: DE 1 00 05/ 27 /09 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD; BC: 81621837451 *1479-09506- 521--37 816$102*09308 1}1111,1111!11,1}111111)111'11,),111|111|111,11]111,â€ž1111,111 PUBLIC NOTICE RE: 300 S. SPRING STREET - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 8,2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Snowmass Corporation, P.O. Box 620, Basalt, CO 81621, which is the owner ofthe subject property. The Applicant requests an extension of vested rights to develop the site with their approved development plan for 2,440 square feet of net leasable office space and one affordable housing unit, commonly known as the "Commercial Phase" of the Hannah Dustin Subdivision, Unit A, located at 300 S. Spring Street. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, Jennifer.Phelan@ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on May 24,2009 City of Aspen Account THE MYLER LAW FIRM, P.C. ~ ~20=iff*) - Â£ r., 0 A 1- W 211 MIDLAND AVENUE, SUITE 201 '47 P M .2, BASALT, COLORADO 81621 1 1 ..0 j ~ 21 MAY 07 -- Cy. 0 z ~ p pe~ t.-f n rl L.p - -291.--2~44 _ MYSKO BOHDAN D 418 E COOPER AVE SUITE 200 ASPEN, CO 81611 NIXIE 8052 SE 1 40 05/ 28/ 09 RETURN TO SENDER NOT DELIVERADLC AS ADDR CS=CD 7,324 **IOUT'$2*021 ''9~1:trve,#4&:Cisft,96"&42:Wit-3:1'4 a i 6 53i40134*3Â¥3 :tXÂ» 11 â€ž1 â€ž 6 1 1171 1 i l â€ž h 1 3,-1 H I â€ž-1-, i i l 1,1 , 1 1 1,1 l i t i l , 1,1 6 1 1 1,1 1 il l PUBLIC NOTICE RE: 300 S. SPRING STREET - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 8,2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Snowmass Corporation, P.O. Box 620, Basalt, CO 81621, which is the owner of the subject property. The Applicant requests an extension o f vested rights to develop the site with their approved development plan for 2,440 square feet o f net leasable office space and one affordable housing unit, commonly known as the "Commercial Phase" of the Hannah Dustin Subdivision, Unit A, located at 300 S. Spring Street. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, Jennifer.Phelan@ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on May 24,2009 City of Aspen Account THE MYLER LAW FIRM, P.C. 4 P.Te> -- . .-+ St/M~ShP- -. 211 MIDLAND AvENVE, SUITE 201 .A 1 7 pr, BASALT, COLORADO 81621 , 2% at - ---#-----Â»-~ - 1 2/1 21 WAY N : OLITSKY TAMAR G & STEPHEN L 2127 HAINES WY LANSDALE, PA 19446 i 1 193 NFE 1 508<3 00 05 3 2'7/09 k FORWARD TIME EXP RTN TO SEND 4 OLITSKY PO BOX 514 GWVNEOD VLV PA 19437-0514 RETURN TO SENDER 19446$60356%9%%374 Ill,I ,),j ill|i/1/|)1,1/ill)1111}l|1|1111'J/li/1/j))1)11)1)1) PUBLIC NOTICE RE: 300 S. SPRING STREET - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 8,2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Snowmass Corporation, P.O. Box 620, Basalt, CO 81621, which is the owner ofthe subject property. The Applicant requests an extension of vested rights to develop the site with their approved development plan for 2,440 square feet of net leasable office space and one affordable housing unit, commonly known as the "Commercial Phase" of the Hannah Dustin Subdivision, Unit A, located at 300 S. Spring Street. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, Jennifer.Phelan@ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on May 24,2009 City of Aspen Account THE MYLER LAW FIRM, P.C. - 211 MIDLAND AVENUE, ScITE 201 - BASALT, COLORADO 81621 ,: , PM ,%% â€¢I t 1 .3 A--5 - ..,21 Â¥ ~-- .Â» . 1 1~~ SAKSON DREW PO BOX 1625 CARBONDALE, CO 81623-4625 802 NFE 1 CO7F 00 05/26/09 RETURN TO SENDER SAKSON BOX CLOSED -UNABLE JTO F-ORWARD RETURN TO SENDER BC: 016:21837451 *1479-0400'9-Ski-39 a i 6935*&903081 11â€ž13,â€ž111}11â€ž11,1â€ž11111,11,]11,1,111,11,1,1,13,â€žlilil,11 AX 13.~ 660'i , PUBLIC NOTICE RE: 300 S. SPRING STREET - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 8,2009, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Snowmass Corporation, P.O. Box 620, Basalt, CO 81621, which is the owner of the subject property. The Applicant requests an extension of vested rights to develop the site with their approved development plan for 2,440 square feet of net leasable office space and one affordable housing unit, commonly known as the "Commercial Phase" of the Hannah Dustin Subdivision, Unit A, located at 300 S. Spring Street. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2759, Jennifer.Phelan@ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on May 24,2009 City of Aspen Account