HomeMy WebLinkAboutcoa.lu.gm.Tom Thumb Building.1980c. 03 A=
Tom Thumb
1978 Commercial GMP
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BUILDING PERMIT APPLICATION
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CITY OF ASPEN
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General
Construction
Permit
ASPEN, COLORADO 81611
(303) 925-2020 `f l ' U O
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Applicant to complete numbered spaces only.
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JOB ADDRESS
400 E. Hyman Ave.
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LEGAL
LOT NO. C L
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(USEE ATTACHEDSHEET)
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OWNER M IKE 1`40N I MAIL ADORES SIB . 105
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t -. 7 1 1 �......,_tme�— Belt 666.
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CONTRAC"r0 MAIL AD RESS
PHONE LICENSE NO.
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AR HI T OR DESIGNER MAIL ADDRESS
PHONE LICENSE NO.
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4• Donald Ball 415 E. Hyman
925-1606
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ENGINEER MAIL ADDRESS
PHONE LICENSE NO.
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USE OF BUILDING
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2. Class of work: ❑ NEW ikADDITION ❑ ALTERATION ❑ REPAIR ❑ MOVE o WRECK
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8. Change of use from
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PLAN CHECK FEE") oO.I�Q
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VALIDATION
:gMIT FEE
9. Valuation S U=v
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10, REMARKS: Remodel
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Type of Construction
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Occupancy Group
Division
1
Size of Bulld in
(Total Sq uare�!� 1% a`�'�'
No. of Stones
Max. Occ. Load
I .y 1 V
Fire Zone
(
Use Zone
Fire Sprinklers Required
O Yes if No
—
APPLICATION ACCEPTED
P L A N5 CMCK
APP�D '(ISS ) NCE
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No. of Dwelling Units
OFFSTREET PARKING SPACES:
BY
BY
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Covered ^ Uncovered D
DATE
DATE
DATE
Special Approvals
REQUIRED
AUTHORIZED BY
DATE
NOTICE
ZONING
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING,
HEALTH DEPT.
HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION
FIRE DEPT.
AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS, OR IF CONSTRUC-
y
SOIL REPORT
TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120
DAYS AT ANY TIME AFTER WORK IS COMMENCED.
PARK DEDICATION
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION
AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS
WATFR TAP
y1��OQt�
AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH
WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT
PRESUME .TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF
e.NC,.DEPT.
ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PER.QTtIKR
(SPECIFY)
FO MANCE OF CONSTRUCTION.
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WHITE -- INSPECTOR'S COPY YELLOW - ASSESSOR'S COPY PINK - BUILDING DEPARTMENT FILE GOLD - CUSTOMER'S COPY
CITY OF ASPEN
130 south galena ��treer
aspen, colorado281611
February 29, 1980
Mickey Salloway
Box 666
Telluride, Colorado 81435
Dear Mr. Salloway;
The status of building permit approval for the Tom Thumb
Building is as follows:
1. Plans were submitted on January 31, 1980
2. Plans have been checked for their compliance with the
drawings approved under the Growth Management Quota
System and subsequent later review and approval by
the Historic Preservation Committee (HPC).
3. The Planning Office will request HPC's (and/or Council's)
review and approval of the solar collectors which were
not reviewed previously.
Issuance of the building permit will follow pending a) ap-
proval of the solar collectors and b) approval of the building
plans which will be checked as soon as possible - March 3-7.
The earliest approval from the HPC would be by I'larch 11. Hope-
fully, the building permit can be issued by March 12.
Sincerel
i/
John P. Stanford
cc: Sunny Vann, Planning Office
A
Jacobs/Ball & Associates, Architects
415 East Hyman Suite 205 Aspen Colorado 81611 303/925-1606, 925-8447
April 15th, 1930
Fred Crowley, Building Inspector
Clayton Meyring, Building Inspector
City of Aspen & Pitkin County Building Dept.
County Courthouse
Aspen, Colorado 81611
Fred and Clayton:
It is our understanding after various conversations with the two of you, that
the following options are open to the Owners of the Tom Thumb Building:
PI AN A
- Applied for permit January 31, 1980
303C - Expiration of plan check 130 days
303C - Extension of plan check 130 days (ask for extension end of July)
- Pay for permit January 31, 1981-
302D - 120 days to start; Must start by May 30,1931
PLAN B
PLAN C
Apply for separate permit to put in stair in Building 'C'
(no approval needed because you are not enlarging commercial space)
Phase Building 'B' and 'C'
Must accomplish 10` in each 60 day period (local am.-ndment to the
1976 UBC)
It is my intention to advise my client of these options. If you agree to these
options, please sign below.
Than you,,
Don Ball, AIA
AG� TO.
Mr. Fred Crowley
Mr. lay n
Meyrfn "
130 SIU111 ga.lena,�tree t
aspen; co o,ra_do- 81611
July 21, 1980 �
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Asp -Vail Investments
Box 666
Telluride, Colorado 81435
Mr. Donald Ball
415 East Hyman
Aspen, Colorado 81611
Gentlemen:
This letter is written as a coQrtesy to remind you that you are in
jeopardy of losing your allocation under the Growth Management
Plan for the construction of a 5,455 square foot addition to the
Tom Thumb Building. This allocation will expire on July 29, 1980,
unless you take steps to preserve your rights.
Specifically, Section 24-10.7 (renumbered this year to 24-11.7) of
the Municipal Code of the City of Aspen., Colorado, requires that
you submit plans sufficient to obtain a building permit on or
before February 1, 1980. You made initial compliance. You
submitted plans on January 31, 1980, to the Building Department
and paid the appropriate fee for a "plan check". The plans were
approved on March 11, 1980. As of this date, you have not paid
the fee for a building permit and a building permit has not been
issued. Under Section 303(c) of the Uniform Building Code, 1976
edition, you have only 180 days following the date of application
to secure a building permit. Failure to secure a building permit
by July 29. 1980, will cause your application to expire and will,
additionally, cause your Growth Management allocation to expire.
You have two available courses of action. First, the building
official may extend the time in which you may acquire the building
permit for a period not exceeding 180 days upon your written
request "showing that circumstances beyond the control of the
applicant have prevented action frow being taken"; or, you may pay
the appropriate fee and obtain a valid building permit.
s very tru
�._ L
Rona d W. Stock
City Attorney
RWS:mc
cc: Karen Smith
Clayton Meyring
Jacobs/Sall & Associates, Architects
i
415 East Hyman Suite 205 Aspen Colorado 81611 303/925-1606, 925-8447
J U LY 215, 80
131J►uDIt.1c-j 'pE-P">-
G ITT of ASPEN/ PITK► N COUNTY
f I -Me:2 GoL J IzTHo L15
ASPEN, Go• 8t�11
FRF1D ► G L_P.YTON 1 4 PATSY :
= AM APP LY1 NG FOK AN EXT'E.N s Iota ot= ► Hs -
PLAN CHECK ( ISU IDP.Ys) A5 PEIZ 'T1-ta h�ru -Hso
L.C-,-TTSK C -5e;,= ITe+A A uBG 303 C Fm fz
THE Tom THuMr.S F3uLr)IN6 2M�T , Dui
TO 5F-,—'aN )D TiE- CQNT20L.
OF THE APPL_1CPANT" WHICH HA-5 PiZF-vcNTEn
ACTION FQoM Bt:I tJ G -FA KEN . 7H E 1 n17-F,2E57T
RATS k41 T ZO % + AT TT-4 E--' AFrCo>< I M PATS -n M e
We WI ✓RE SCH EDLI L-ER-a -ro CON STZ UCT1C)tJ
WHICH MAIDE-:E THE PRGJF—CT FWANCIAU.Y
uN FI;A51 B LE * ACT 10 ►J FP.o tvt
BE► N c TA k�� . =T 15 Now To L.ATe- To
S?Ar-T 6oN 5Tmu GT IoN fit` THIS YEAP-S
P3uIL•DI0G 5eASo11,J I T)LIE -RD -n-}E COMPLEY,\-rr
OF - H E PF-o.1 EGT i A* BE COMPLETED 1 1,j
TIME Fogr Tf-IE WIN-re-f-E
= T1-1�2EF�e>✓ Fo2M NLL--r ASK FaK A
�xT�1s1aJ OF I eo TAYS Fort T1 -=
cHEc AS Pe-P, mg. t:;�oN SToc.KS
(5645- ATFAGHED) DPcTC-D
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'i UL7 21 ► 80 .
GG : MR. QoN SToGK
Mr. M I c keY SALLOVJA'(
wZ1 TFG.N
PL11Ntl!
AsPENOPITKeev AGIONAL eUcLOcnsLO DEPARTMENT
July 29, 1980
Jacobs/Ball & Associates
415 East Hyman, Suite 205
Aspen, Colorado 81611
Gentlemen:
We have reviewed your request for an extension of the Plan
Check for 180 days on the Tom Thumb Building and we have no
problem with granting your request at this time. As prcvided
by Section 303C of the Uniform Building Code, we are permitted
to grant you this extension. You must obtain a building permit
within 180 days of this date.
I.sincerely hope that this will meet your satisfaction. If
you have further problems, please feel free to get in touch
with us in the office.
Sincerely:
Fred Crowley
Chief Building Ins for
FC:mh
E
506 Emit Main Street A t3pen, o oloracao 0-1611 303/.925-59-73
February 27, 1981
City of Aspen
Aspen, Colorado
Re: Lots K and L
Block 88
City of Aspen: Building Permit No. 41-80
Dear Sir:
By this letter, you are authorized to transfer the current building permit,
No. 41-80, upon the above referenced property in the name of Asp -Vail Invest-
ments, Box 666, Telluride, Colorado 81435 to Michael P. Cagnoni, 18 North
Vine, Hinsdale, Illinois.
Sincerely yours,
//464"//'
Michael/*. Salloway
General Partner
Asp -Vail Investments
JACOBS/BALL & ASSOCIATES, ARCMECTS
r 415 E. Hyrnan Suite 20
ASPEN, COLORADO 81611
(303) 925-1606 925-8447
To
GENTLEMEN:
WE ARC SENDING YOU
❑ Shop drawings
❑ Copy of letter
LCTTCE r o 1F "MUMETTG
DATE
JOB NO.
ATTENTION
RE.
❑ Attached ❑ Under separate cover via
❑ Prints ❑ Plans
❑ Change order ❑
the following items:
❑ Samples ❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
0For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 19
REMARKS
[) J n . �_-e
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY
FORM 240 2 - A-lnlrle 01.101, M.s• 014%0
---------------- SIGNED:
If enclosures are not as noted, kindly notify us a once.
de
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���,'�,'� ''''J�� WALTON-ABEYTA Robert E. Walton, P.E.
AND ASSOCIATES, INC. Y v
\, Mont E. Abe tn, P.E.
_ as\ Consult,ng Enp:neers N. Joan Heckman
2404 Glen Avenue
Glenwood Springs, Co. 81601 Dr. Laurence W. Ross, P.E.
Thomas J. Buchko
Allan E. Deems
Maurice C. Cox
John J. Moruzzi
TOM THUMB BUILDING
UTILITIES ANALYSIS
February 1, 1978
A. Sanitary Sewer: Determination of the sewage requirements using the
guidelines established in the 1976 Uniform Plumbing Code are:
1. New Building
a. Residential
b. Commercial
2. Existing Building
a. Office
b. Retail
27 fixture units
24 fixture units
12 fixture units
16 fixture units
3. Total fixture units (which are subject to design revisions) equal
79; which would require a 4" sanitary sewer. A 4" sanitary sewer can
accomodate from 35 thru 216 fixture units.
B. Water: Determination of the water usage is also based on the 1976
Uniform Plumbing Code and is as follows:
1. New Building
'�yr•
a
a. Residential
b. Commercial
2. Existing Building
a. Office
b. Retail
24 fixture units
28 fixture units
14 fixture units
18 fixture units
3. Total fixture units for water usage (which are subject to design
revisions) are 84: which requires a demand rate of 40 g;mn. In order to
effectively serve 40 gpm a 1-�" tan is required. The 12" tap can accomodate
a maximum of 150 fixture units (55gpm) effectively.
r M= no mow� •ice � � � �
TOM THUMB
�� ..'
page 2
C. Storm Drainage: Storm drainage requirements are based on a maximum
rainfall of 3" in a one hour period on a total site of approximately 6,000
square feet. Taking the hourly rainfall times the site area and converting
to gallons of water equals a maximum flow of 11,250 gallons in a one hour
period. This flow rate, per 1976 U.P.C., would require a 4" connection
to the storm sewer.
D. Existing Services
1. Sanitary sewer: Connection would be made to a 12" main which
paralles the West side of the site in Mill Street.
2. Water: Water service to the site would come from a 12" main
which parallels the South side of the site approximately 20'-0" from the
border.
3. Storm sewer: Storm drainage would connect to a 48" main which
parallels the sanitary line in Mill.
E. Sunniary: The close proximity of services (water, sanitary and storm)
and the relatively large size of these services would result in a very small
impact on the utility processing involved to serve this proposed expansion.
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Recorded at
Reception No.
o'clock .m.,
Recorder.
THIS DEED, Made this 1st day of August, 1985, between Mountain Enter-
prises--80B, a joint venture comprised of Mountain Enterprises, Inc., a
Colorado Corporation and Trend Venture Corporation an Oklahoma
Corporation, of the County of Pitkin and State of Colorado, previously
known as Trenson Corporation, of the first part, and John Brett
Gillespie, whose legal address is: 2101 Emma Road, Basalt, Colorado
81623, of the second part:
WITNESSETH, that the said party of the first part, for and in
consideration of Thirty four thousand six hundred seventy and 00/100
DOLLARS ($34,670.00) to the said party of the first part in hand paid
by said parties of the second part, the receipt whereof is hereby
confessed and acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm,
unto the said parties of the second part, their heirs and assigns
forever, all the following described lot(s) of land, situate, lying and
being in the Town of Aspen, County of Pitkin, and State of Colorado,
to -wit:
Unit A-302, THE TOM THUMB BUILDING CONDOMINIUMS, accordinq to the
recorded plat thereof, and Condominium Declaration recorded April
15, 1982 in Book 425 at Page 202 of Pitkin County Records, City of
Aspen, County of Pitkin, and State of Colorado.
TOGETHER with all and singular the hereditaments and appurtenances
thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits
thereof, and all the estate, right, title, interest, claim and demand
whatsoever of the said party of the first part, either in law or
equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and
described with the appurtenances, unto the said parties of the second
part, their heirs and assigns forever. And the said party of the first
part, for itself, its heirs, executors, and administrators, does
covenant, grant, bargain, and agree to and with the said Parties of the
second part, their heirs and assigns, that at the time of the ensealing
and delivery of these presents, it is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, in fee simple, and has good right, full power
and authority to grant, bargain, sell and convey the same in manner
and form as aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind of nature soever.
Any and all taxes due for the year 1985 and being due and payable
in the year 1986; Terms, conditions and restrictions as evidenced in
Notice of Historic Designation Recorded in Book 295 at Page 515 of
Clerk and Recorders Office, Pitkin County, Colorado; Terms and
provisons of Resolution No. 6 (Series 1973) recorded April 3, 1973 in
Book 274 at Page 217, Clerk and Recorders Office, Pitkin County,
Colorado; Terms, conditions, provisions, and obligations contained
within Condominium Declaration for The Thumb Building Condominiums
recorded April 15, 1982 in Book 425 at Page 202, Clerk and Recorders
Office, Pitkin County, Colorado; Terms and Conditions in Statement of
Exemption from Definition of Subdivision, recorded June 29, 1982 in
Book 428 at Page 610, Clerk and Recorders Office Pitkin County,
Colorado; Any tax assessments, fees or changes by reason of inclusion
of the subject property in Aspen Fire Protection District, Aspen
Metropolitan Sanitation District, Aspen Street Improvement District and
Aspen Valley Hospital District and the above bargained premises in the
STATE DOCUMENTARY FF-7
rV
�. o
AUG 9 In
/7
-�
oZ:
Cn+
quiet and peaceable possession of the said parties of the second part,
their heirs and assigns against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said
party of the first part shall and will wARRWr AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said party of the first part has hereunto
•1vj*' hand and seal the day and year first above written.
s
A�$� ,,,�, •� MOIJNrAIN ENTERPRIS(3-80 B
By: Mountain Enterprises, Inc.
.` B
(TCARPORATE SEAL) ames A. Bag ey Pr sident
Attest:
By Trend Venture Corporation
.... By _7
David Rainbolt, President
STATE OF OKLAHOMA )
) ss.
COUNTY OF OKLAHOMA )
The foregoing instrument was acknowledged before me this -�
day of , 1985, by James N. Bagley, President of Mcuntain—
thterpr ses Inc.
,,,. A:'k$gmajrsion expires
' •" Wi trtes.�ti hand and official seal.
U 3L •,; Notary Public
STATE OF OKLAHOMA )
) ss.
COURrY OF OKLAHOMA )
The foregoing instrument was acknowledged before me this
of , 1985, by David Rainbolt, President of Trenson
Inc., prey, sly known as Trenson Corporation.
i,i''cm►nissioexpires
r
. •, V ••Wjf� my hand and official seal.
r a 4 ' �.' 4N�otryvPubl�
torq :.
* '
•• RAJ .. ••� �'`-
1.
2.
3.
4.
5.
6.
7.
GROWTH MANAGEMENT PLAN
RATINGS BY P&Z
The P&Z reviewed the following pru;;,-,�t and rated each of the
design and community commercial elements as specified by the Growth
Management Ordinance. 1.
PROJECT:
REVIEW DA
P&Z REVIEW
P&Z
MEMBER
Atoll
Q) t%
C-11 �s
co
�
GROUP RATINGL-
PLANNING OFFICE RATING (, %,C.Y,�J .0 I �,-D /•�/��
l uN�AJ(a C)f ��, 'To 7A L ' ` IRDtUt mxi,
THE CO'"113INED RATINGS OF THE P&Z AVERAGES
1
2
2
4
E
6
7
A
MANAGEMENT PLAN
RA i i i','CS 67 HPC
The H.P.C. reviewed the following project and rated each of the
design and community commercial elements as specified by the Growth
Management Ordinance.
PROJECT:
REVIEW DAT
HPC REVIEW
Pam'
�rP 41 O /
pv
40
IR
HPC
MEMBER
I APA7, . 0-
GROUP RATING
PLANINING OFFICE RATINGlC 7 J �� / ��_�_/ •
- T
THE COi,iBINED RATINGS OF THE HPC AVERAGES ` �.�
9. HPC GROWTH MANAGCM_NT EVALUATION FORM - Ratings of projects within the
commercial one zoning districts shall be assigned points according to
the following formula:
0 - i;dicates a totally incompatible design
1 - Indicates a -�a nr design flaw which creates a major
conflict with structures in the historic
district or with the ui-'- environment in the other
areas outside the historic u;-; ct
2 - Indicates an acceptable (but standard) design
3 - Indicates an acceptable design
The following design elements shall be rated accordingly:
Massing - (maximum 3 points) considering the massing, type of
roof, and overall compatibility with the historic
scale represented in the vicinity of the project.
Exterior Building Materials - (maximum 3 points) considering the
application of historic building materials and their
use on all facades of the structure, avoidance of
garish, reflective or other disruptive materials.
Architectural Detail - (maximum 3 points) considering overall
visual impression given by fenestration and the use of
building detail near windows, doors, corners, roof
lines and at floor level.
Color - (maximum 3 points) considering the compatibility of colors
and the variation in color when necessary to maintain
historic scale.
Architecture - (maximum 3 points) considering the use of compatible
contemporary design as opposed to the imitation of
historic architectural features.
RATE the above five (5) design elements below. Please comment on the
strong and/or weak factors affecting each of your ratings.
Project Name:
Date:
Design Element:
a) HAS
b) EXTERIOR BUILDING MATERIAL
- 2 -
Rating IL-3
c) ARCHITECTURAL DITAIL
Comment:
d) COLOR
e) ARCHITFrTIIRF
n
Rating
Rating , `.
i
TOTAL Rati ng V
Name of person submitting the above rating
- 3 -
10. -P&Z Growth Managempitt Quality of Design Evaluation Form - Projects
witTi n the Commie al �Dv _�2 CC and Commercial Une C-f) zoning
districts shall be assignee; points according to the following formula:
0 - Indicates a totally i ncomp(A'`-; �.1 e design
1 - Indicates a major design flaw
2 - Indicates an acceptable (but standard) design
3 - Indicates an acceptable -design
Rate the following features accordingly:
a) Architectural design - considering the compatibility of the proposed
building (in terms of size, height, location and building mater-
ials) with existing neighboring developments.
RatingC.---?. 7
b) Site design - considering the quality and character of the proposed
landscaping and open space areas, the extent of undergrounding of
utilities, and the arrangement of improvements for efficiency of
circulation (including access for service vehicles) and increased
safety and privacy.
^ Rating
c) Energy - considering the A e of insulation, so$4r energy devices
and efficient fireplaces to maximize conservation of energy and
use of solar energy sources.
Rati ng C-3,10�1
d) Amenities - considering the provision of usable open space and
pedestrian and bicycle ways.
Rating �, Q
- 4 -
e) Visual Impact - considering the scale and location of buildings
to maximize public views of surrounding scenic areas.
- .. --) q
11. P'Z Growth Management Community' Con�nercial Uses Evaluation Form
Projects within the CC and C-1 shall be assigned points according to
the following formula:
0 - Indicates a project totally lacking in any
housing or uses directed to supplying needs
of local residents
1 - Indicates a project with its main emphasis
on supplying tourist services with little or
no on -site housing
2 - Indicates a project with housing and uses
that will be relied on by both the tourist
and residential populations
3 - Indicates a project which is designed almost
exclusively to satisfy the needs of the com-
munity's residential population with only
incidental tourist use and no tourist housing
being anticipated.
Rate the following features accordingly:
a) Employee Housing - considering the extent to which the project
supplies housing for employees generated by the proposed commercial
uses.
b)
Rati ng,
rieaicai ana uzner bervice iieeas - considering the extent to wnicn
the project supplies medical, dental and similar professional
office space; as well as banking, appliance supplies and repair,
grocery, hardware, drug store, laundry, and similar uses designed
and intended to serve the routine trade and service needs of the
community.
-5-
Rati na / U
12. NET POINTS
HPC AVERAGE RATING ��W
INDIVIDUAL P&Z MEMBER RATING
NET RATING V. z
13. BONUS POINTS (not to 20% of the above net rating) provided
the project merits recogniLlu,. to its outstanding quality.
f� BONUS POINT �J
�dOP
y'
14. T TAL POINTS
NET RATING'_
BONUS RATING
TOTAL POINTS 31• 7
NAME
OAF PERSON SUBMI/JTTTING THE ..AB0 E /RAA.
- 6
-
_0
hefjnlar Mooting
Aspen
Ci.t} Council
January 23, 1978
Councilman Wishart moved
to adopt'Resolution
#2, Series of 1978;
seconded by Councilwoman
Johnston. Roll call vote;
Councilmembers Van
Ness, aye; Wishart,
aye; Parry, aye;
Johnston, aye; Behrendt,
aye; Mayor Standley,
aye. Motion carried.
The City Clerk swore in the Councilmembers as Commissioners of the Housing Authority of
the City of. Aspen, Colorado. Council scheduled a special. meeting for organizational
purposes for Monday, January 30, 1978, at 5:00 p.m.
COMMERC71AL APPLICATIONS TO THE GROWTH MANAGEMENT PLAN
Kane told Council there really isn'-t a requirement: for Council to review these. In light
of the long suffering process the applicants want through, with HPC and P & Z, for Growth Manzgu,xnnt
benefit of Council, Kane asked if they would listen to the presentations. Kane stated Plan - C0.ffFTcrcial
that the process developed two very good projects. Both of those received almost t:he applicati.cn
maximum points in the categories. With a required 21.6 points average, the Aspen Grove
building addition received 31.46; the Pit'k.in Bank received 32.02.
These projects are assigned points for solar, site design, visual impact, services
related, etc. When P 6 'l, received those applications, they had already been reviewed
and assigned points by the IIPC.
Bill Clark presented a scale model of the Pitkin County Bank, which is located on the
northwest corner of Hyman and hunter. It will be a two story building, total height
of 24 feet, 16 feet less than the maximum allowable. The building occupies 67 per cent
of the site, which is 33 per cent op,,n space, 8 per cent more than is required. The FA.,
Pitkin County
is 500 feet less than maximum. The building will be brick, which was selected to blend Hank
in v,4 th the Aspen Plaza building. Across the front will be a'30 foot atrium. The design
is expected to be 50 per cent solar efficient.
Clark stated the remaining three lots will be developed ultima-tely, and will be developed
at the same scale. There will be pedestrians walkways created. Clark said the direct
costs associated with the HPC and GMP aspects of approval acids about 2 percent to the
cost of the building.
Frank Woods, .Aspen Grove building, said they did not have employee housing because they
are in a view plane. The ground floor will have a Lace lifting; they are taking down
the Victorian details. This will be a sedate modern building of brick. They will not: Aspen Grove
go into the garden with any new construction. The second floor has walkways all around Buildinca
and will be essentially all store fronts. There will be a pedestrian walkway on the east
side of the building. Woods presented plans for the addition.
Councilwoman John{ston moved to read Resolution #1, Series of 1978; seconded by Councilman
Wishart. All in favor, motion carried.
RESOLUTION #1
(Series of 1978)
WHEREAS, Ordinance No. 48, Series of 1977, Section 24-10.5(e) requires
that the City Council by Resolution provide annual development allotments; and
WHEREAS, by RFsolution dated January 17, 1978, the Aspen Planning and
Zoning Commission has completed detailed reviews of two Commercial projects
Peso. #], 1978
filed for the individual 1977 commercial allotment of 24,000.square feet; and
Approv:uig
WHEREAS, these two projects in combination do not exceed the stated
Conrnrcial
quota; and '
Applications to
WHEREAS, a special meeting, on January 10, 1978, the Aspen Planning'
and Zoning Commission did conduct a duly notice public meeting to consider
applications under the Growth Management Plan, and at that meeting did consider.
the Aspen Grove Addition, a project of some 9,255 square feet and the Pitkin
Center., a project of 8,5.30 square feet for a total of 3.7,785 square feet; and
WHEREAS, Ordinance No. 48, Series of 1977, requires that sixty per cent
(60%) of the total available points be assigned to each application to be
considered further, and this sixty per cent (60%) constitute 21.6 points,
and the Planning Conunission, at its January loth meeting did assign 31.46
points to the Aspen Grove Addition and 32.02 points to the Pitkin Center; and
WHEREAS, Ordinance No. 48, series of 1977, provides for an opportunity
to protest findings of the Planning Commission in their review of growth
}
management applications, and to date, no challenges have been made and no
he the
challenges can reasonably expected since all applications under
Ordinance were approved,
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIh OF -THE CITY OF ASPEN,
t
COLORAI?O:
'Pt;at the Aspen Grove Addition and Pitkin Center be granted the full
square footage allotments sought in their applications presented before the
Planning Commission under the guidelines of the 1977 Commercial allotment,
and that each of these projects be authorized to proceed further with any
additional_ approvals needed by the City of Aspen to secure building permits.
councilwoman Johnston moved to approved Resolution #1, Series of 1978; seconded by Council-
nan Wishart. All in favor., motion carried.
)RDINANCE 446, SERIES OF 1978 - Salaries
layor Standley opened the public hearing. There were no comments. City Attorney Nuttall
,ointed out.that this incorporated certain changes agreed to at the last meeting. These
.,ere published to give people a chance to comment. Mayor Standley closed the public Ord. 46, 1977
fearing. Salaries /
:uuncilman Parry moved to read Ordinance #46, series of 1977; seconded by Councilman Van t„
less. All in favor, motion carried. /�
RECORD 0E' PROCEEDINGS 100 Leaves
,MM M C. I. MWIM c a a 1. Co.
(dd) Any major street or road links and school
sites, pathways, foot, bicycle or equestrian
tr'a�ils, ;reenbelts.
(ee) General description of surrounding existing
land uses and identification of zoning or
historic district boundary lines, if any.
(b) Tile Planning Office shall evaluate all development allot-
ment applications during the early weeks of January, reject
those that are ineligible under Section 24-10.3(c) and present
its recooni-Indations to the Planning and Zoning Commission no
later than February 1st of each year or at the Commission's
first regular meeting subsequent to that date. The Planning
and Zoning Commission shall review all applications taking
into consideration the following criteria and point schedule
with respect to each of the following areas of concern:
(1) Quality of Design (exclusive of historic features)
(maximum 15 points). The Commission shall consider
each.application-with respect to the quality of its
exterior and site design and shall rate each development
by assigning points according to the follovring formula:
0 - Indicates a totally deficient design
1 - Indicates a major design flaw
2 - Indicates an acceptable (but standard)
design
3 - Indicates an excellent design
The following features shall be rated accordingly:
(aa) Architectural design (maximum 3 "points) con-
sidering the compatibility of the proposed
building (in terms of size, height, location
and building materials) with existing neigh-
boring developments.
.(bb). Site design (maximum 3 points) considering
the quality and character of the proposed
landscaping and open space areas, the extent
of undergroundinn of utilities, and the
arrangement of improvements for efficiency of
circulation (including access for service
vehicles) and increased safety and privacy.
(cc) Energy (maximum 3 points) considering the
use of insulation, solar energy devices and
efficient firenlaces to maximize conservation
of energy and use of solar energy sources.
(dd) Amenities (maximum 3 points) considering the
provision of usable open .space and pedestrian
and bicycle ways.
(ee) Visual"Ir.ipact (maximum 3 points) considering
the scale and location of buildings to maxi-
mize public vieuls of surrounding scenic areas.
RECORD OF PROCEF:DJNGS - 100 Leaves
(2) Historic Features (maximum 15 points).' The Commission
shall refer applications for allotments within the CC
and Cl zone districs to the Historic Preservation Committee
(HPC) and accent its evaluation with respect to the comnati-
bility of the oro.ject t,lith the historic character of the
Aspen Connunity and the Historic Preservation Committee
01PC) shall rate each development by assigning points
according to the following forumula:
0 Indicates a totally incompatible design
1 - Indicates a major design flaw which creates
a major conflict with historic structures
in the vicinity
2 - Indicates an acceptable (but standard) design
3 - Indicates an excellent design. -
The following features shall be rated accordingly:
(aa) Massing (maximum 3 ;points) considering the
massing, type of roof, and overall com.patibility
with the historic scale represented in the
vicinity of the project.
(bb) Exterior Building ;Materials (maximum 3 points)
considerinn the an-;)lication of historic building
materials and their use on all facades of the
structure, avoidance of garish, reflective or
*- other disruptive materials.
(cc) Architectural Detail (maximun 3 points)
considering overall,visual impression given
by fenestration and the use of building detail
near windows, doors, corners, roof lines and
at floor level.
(dd) Color (maximum 3 points) considering the
compatibility of colors and the variation
in color when necessary to maintain historic
scale.
(cc) Architecture (maxirurm 3 points) considering the
• use of compatible contemporary design as o;i?osed
to the imitation of historic architectural
features.
(3) Conununi ty COirri?rerci al Uses (maximun G -)oi nts ). The
Coru,.ti ss i on shall consider, with respect to coil structi on
of cor;11110rci al and office snace within the CC and Cl
._one d i Stri ct s , the uses trhi ch MT to occunv the dcvel oo-
nr(1nt. aril thn k'Xt.0111" to which t:he LiLwelo",.r011t %q"l house
its cmplo`ees on site. The Coi!mlission shell evaluate the
probability of its su0;)lying corrrrercial and office uses
to satisfy the needs of the residents of the corrr..unity
as opposed to being designed to accor.tmodate the area's
t0Lll'iSt needs, and t,,ith respect such uses shall assign
noints acc(,rding to the following formula:
RECORD OF PROCE17DINGS 100 Leaves
0 inrlic;r es nNnj, r' tnt tl1 ✓ 1(�Cl'inry in ;,ny -- -- - --
a( _
housing or uses directed to supplying needs
of local residents
1 - Indicates a project.with its slain emphasis
on supplying tourist services with little or
no on site housing
2 - Indicates a project with housing and uses
that will be relied on by both the tourist
and residential populations
3 = Indicates a project which is designed alrlost
exclusively to satisfy the needs of the com-
rluniL., residential population with only
incidental tourist use and no.tourist housing
being anticipated
The folloliing uses shall be rated accordingly:
(aa) Emplovee Housing (maximum 3 points)
• consi�derina the extent to �•rhich the project
supplies housing for en?loyees r.enerated by
the oronosed cowi2rcial uses.
(bb) Medical and Other Service Needs (maximum 3
points) considering the extent to which the
project supplies medical, dental and similar
professional office soace; as well as banking,
annliance supplies and repair, grocery, hard-
ware, drug store, laundry; itnd similar uses
designed and intended to serve the routine.
trade and service needs of the community.
(4) The Commission may, 1-.,hen it shall determine that a
project has incorporated the criteria of Section V10.5(b)
(1), (2) and (3) and achieved an outstanding overall
desinn ►�eritinn recognition, award additional points not
exceeding 20;3' of the total points awarded under Sections
24-10,5(b) (1), (2) and (3)..
•(c) The Corli7ission shall consider all eligible arlolications
at a pu111 is hearing at the close of r1hich each meriber of the
Corilmission shall identify the number of ?oinL.s assinned by
him under each of the criteria outlined in Sections 24-10.5(b)
(1), (2), (3) an,,! (4), and the total number of points awarded
by all mc;•lbers, divided by the nur.iber of members voting., shall
constitute the total points award d to the project. !Illy pro-
ject not receiving a Rlinifllulil of 60" of the total points
available under Section 24-10.5(b) (1), (2) and (3), or a
minimum ofof the -joints available under each of Sections
24-10.5(b) (1), (2) and (3), shall no longer be considered
for a development allotment and the anplicatiton shall be
considered denied.
(d) All projects shall be ranked accordinri to the total
paints receive! (highesf to loi•rrst) and the ranking thus
establ i shcd by the Conlcli ssi on shall 1- be forwarded to the City
Council on or before i'larch 1st of each ,year.
- 13 -
r
PROGRAM NARRATIVE FOR GROWTH MANAGEMENT PLAN
EVALUATIOII REPORT
7. a. THE PROPOSED ADDITIONAL WATER FACILITIES FOR THIS PROJECT CAN ADEQUATELY
BE HANDLED BY THE lelt1 ER SUPPLY TO THE -EXISTING HULLOING. T14E SOURCES OF
r,
ADDITIONAL USE IKOULD BE ONE TOILET, ONE S;'iALL LAVATORY AND ONE SINK FOR CRAFT
9'1
RELATED ACTIVITTLS. ALSO DUPING CONSTRUCTION AN EXISTING BATH TUB WOULD BE
RE14OVED. THESE FACILITIES BY THE VERY NATURE OF THE PROPOSED USE OF THE
ADDITION, THAT BEING, CRAFT STUDIO USED D'JRIIIG' BUSINESS HOURS F OULD NOT
PLACE A SIGNIFICANT. ADDITIONAL DIPACT ON TH MUNICIPAL WATER SYSTEM.
b. THE FACILITIES FOR THIS ADDI?ICiI ARE LMALL IN SCOPE, THOUGH ADECUATE, CAN
BE ADEQUATELY' HANDLED BY PLUMBING AND SEWAGE SYSTEM OF THE EXISTING STRUC—
TURE. THE ADDITIONAL PLUMBING WILL SHARE EXISTING PLUMN NG WALLS. AS STAT—
BD III TFE PREVIOUS . ITEM THE FACILTIES FOR THIS PROJECT POSE NO SIGNIFICANT
IMPACT TO THE CO'�Fi 11DIITY SEWAGE SYSTFY.0
C• THE ROOF, .350 SQUART FEETt WILL COYSTITUTZ THE OailY SURFACE DRAINA(M. CON—
SMCTION OF A PARAPET WALL W THE WEST SIDE OF ROOF WILL DIRECT DRAINAGE
TO THE' EAST SIDE OF BUILDING TO CREATE WATER SUPPLY FOR GREEN AREA( APPLE
TREES9 RUSSIAN OLIVE TREE, LAM AND NUMEROUS FLOWER BEDS).
d. LOT SIZE OF PROPOSED CONSTRUCTION SITE IS 30.16t X 100.00t, Tl-E ADDrrICuJ"AL
INTERNAL SQUARE FOOTAGE OF THE PROJECT WILL BE 540 SQUARE FEET. THE EE14
STRUCTURE WILL USE UP APPROXIMATELY 150 SQUARE FEET OF EXISTING OFTEN SPACE,
TAKING INTO CONCIDERATION THE NEW CONSTRUCTIC U THE LOTS REMAINING OPEN
SPACE WILL STILL BE A VERY REFRESHING 40% = 45% OF THE TOTAL LOT AREA.
_ . ,... , . _ ..:. ,.. y- +a� ��.-�w— ^-mac �e — : -;---r. z ._--s�-,�►+�-. ^
0
In
1�
•J
7 Y •
o. SINCE THE PROPOSED CO^,STHUCTION OF Tfir.. CRAI r STUDIO IS ADJACE14T TO THE EX-
ISTING RETAIL SHOP I C;Jt NOT FORESEE ANY INCREASED TRAFFIC VOLUMF. GR tJF;ED
FOR ADDITIOIIAL PARKING. I ESTIMATE THE PRINCIPLE DAILY USEAGE OF TILL
STRUCTURE 11OULD CORRLSPOfND TO THE HOURS OF THE RETAIL STORE WHICH ARL
10:00 AXI. - 5:30 P.M.6
i. THE INTENDED. USE OF BUILDING IS TO SERVE SOULY AS. THE INDIVIDUAL CRAFT
STUDIOS FOR DUANE AND MARGARET JOHIISON. DUANE*S STAINNED GLASS STUDIO
•WOULD FE ON THE LOWER FLOOR AND MARGAP=tS. ENAMALING STUDIO WOULD BE ON
THE SECOND LEVEL. THEIR ATE NO INMI LED PROVISIONS IN THIS APPLICATION
THAT THIS BE USED AS OP TO BECOIE USED AS A RESIDENTIAL OR RETAIL UINIT.
THOUGH NOT INTENDED BY THESE APPLICANTS, THE POTENTIAL FOR EITHER RES-
IDENTIAL OR fSTAIL USE 13 CIEARLY POSSIBLE WITHOUT SUBSTANTIAL BUILDING .
CHANGES.
g. PROPOSED TDDITION IS SURROUNDED BY HEAVY COMtZRCIAL AND RI ETAIL ESTAB-
I.ISH14E:NTS. PROPERTY IS MADE UP OF THE HUTCH CLOTHING STORE AIID THE VdLD-
WEED SHOP RETAIL STORE. THESE ARE BO`JNDED ON THE EAST BY THE BA14K OF
ASPEN AND LA COCI"IO RESTURANT TO THE "iJEST, THE MINER'S BUILDING IS ACROSS
AURY TO THE NORTH AND THE RILL STREET STATION COMPLEX TO TI-T; SOUTH ACROSS
HOPKINS AVENUE.
h. CONSTRUCTION SCHEDULE WILL BEGIN WITH ISSUANCE OF BUILDING PERMIT. ANID
SUBSE-Wll;NT ARRIVAL OF -FAVORABLE SPRING WEATHER WITH COMPLETEON DATE OF
JUNE 1; 1978.
0
-;qg..,.w. fir....... _--.�..,,_-;,.'��,..�..*•..�.��..,..�..y„�..:._..,...,..,,•--Fr^'----°--�"��•;'•,. - .. ---•- -. ..
v
GROWTH `i!lflAGEMBIT PLAN EVALUATION REPO*
C0i1iERCIAL SCCTION
1. Project tdarne. ?9IFT Is I 2>1-b Lly
2. Location:
3. Parcel Size: 3o•Ih ` 1(�IJ•t�c�` __ __
4. Current Zoning:
Zoning under which application is filed: �C-
Maximum buildout under current zoning:
Proposed zoning: CC .
5. Total buildout proposed:
6. Special procedures required:
View planes:
Stream Margin Review:
Special Review:
Historic District
Subdivision (condominiumization):
PUD: _
7_ Program Narrative and associated graphics to describe the proposed
project's impacts and other data. (to be submitted with this application)
a. Existing crater system, excess water capacity, location of the
nearest water main and estimated water demand of the building.
b. Capacity of the sewage system, location of the nearest trunk line
and estimated sewer demand of the building.
c. Type and design of surface drainage.
A. Development summary including lot size, internal squaj,e footage
and open space.
e. Estimated daily nu:iber of vehicles generated by the development
and estimated increase of traffic volume on adjacent streets,
number of on -street and off-street parking spaces to be supplied,
location of public transportation stops and routes, other auto
disincentive techniques incorporated into the proposed developriient,
and hours of principle daily usage of the development.
f. -Proposed uses for the structure and potential alternative uses
(by general category of use) without substantial building changes.
g. Types of land uses adjacent and in the finmediate vicinity.
h. Construction schedule and schedule for phasing' of construction if
applicable.
$. List of drawings and maps submitted for review:
C i� c, r",) i 6 C 7 0 ,�,. -yt-�-
m
Submittal Date: _.►�Iln��.)ft�' � a� , i ! 1f�
Regular Meeting
t • •
Aspen City Council April 24,'1978
ORDINANCE; #8, SERsES OF 1.970 - Appropriation for. Rcf-ind Park Dedication Fees
Councilman Behrendt moved to read ordinance 48, Series of 1978; seconded by Councilman
Isaac. All in favor, motion carried.
ORDINANCE 08
(Series of 1978)
AN ORDINANCE MAKING A SUP PLEMENTAJ, APPROPRIATION FOR $120,000
FROM UNEXPENDED PR70R -YEAR SURPLUS FOR THE PURPOSE' OF MAKING
CERTAIN REFUNDS OF I'ARK DEDICATION FEES was read by the city clerk
City Attorney Nuttall told Council the'pu-pose for this was to make sure the City refunded
park dedication fees by proper channels. Ms. Nuttall said each case will be considered
on its merits. There will have to be do..^umentation on each refund.
Councilman Isaac moved to adopt Ordinance #8, Series of 1978, on first reading; seconded
by Councilman Wishart. Roll call vote; Councilmembers Van Ness, aye; Wishart, aye; Isaac,
aye; Perry, aye; Behrendt, aye; Mayor Standley, aye. Motion carried.
Councilman Behrendt moved to adjourn at 7:25 p.m.; seconded by Councilman Tsaac. All. in
favor, motion carried.
Kathryn P. Hauter, City Clerk
Special Meeting Aspen City Council April 25, 1978
Mayor Standley called the special meeting to order at 5:15 p.m. with Councilmembers
Johnston, Isaac, Van Ness, Behrendt, Parry, and Wishart present. Present from the: staff
were Karen Smith, Richard Grice, Joe Wells, Tom Jones, and City Manager Mahoney.
Mayor Standley sta-Led this is a special meeting to deal with growth management plan
appeals for residential and the allocations for the lodging. Ms. 'Smith had put together
a procedural memorandum. Each applicant will get ten minutes to make a presentation, and
there will be 1.0 minutes.for Council to ask questions. Applicants will have the right to
use this 20 minutes any way but that is an absolute time limit. Mayor Standley pointed
out that Council was not here to debate the growth management plan; it is a fait accompli
and has been adopted by ordinance. Applicants will deal with specific issues, if they
feel they were treated unfairly by P & Z. The order will be (1) 500 Galena/925 Durant,
(2) Six StuCio Units, (3) Goodnough, (4) Van Horn, (5) Cooper & Original. The Council
will take action after each appeal. Before this, Mayor Standley said the lodge allocations
should be addressed.
Councilman Van Ness moved to have the planning office draft a resolution -recognizing the
allocation of the lodging appropriation of 44 units for Council's consideration Oil May 8;
the allocation was recommended by the P & Z and is consistent with the growth management
plan; seconded by Councilman Isaac.
There were only two applicants for the lodging allocations; Aspen Inn with 36 units and
Mountain Chalet with 8 units. Councilwoman Johnston pointed out that these are more
units than are available under the growth management quota. Ms. Smith told Council there
are 36 units available for 1977 and 1978 allotment. Council has the authority to grant
an additional. 33 per cent of that number. This additional allotment must come out of the
total for future years. Joe Wells told Council one of the advantages of giving these
extra units is that both applications propose a significant number of employee units.
There is a limited build out remaining in the lodge district, and there is a possibility
there may be no competition in the future for units and it may be likely not to get
employee housing. Both the lodge units and the employee units come out of future quotas.
The total unit allocations are 36 lodge units and 24 employee units for the Aspen Inn and
8 Lodge and 8 employee units for the Mountain Chalet, for a total of 76 units. The
extra units will come out of future allotments spread out over five years.
All in favor, motion carried.
500 S. Galena/925 Durant
Larry Yaw, representing this project, told Council this is a 29 unit project with 13 units
low income housing. The project was specifically designed with commitments and provisions
consistent with the growth management plan criteria to get 42 points. The P & Z rated
this at 38; one point less than necessary to qualify. Yaw stated he could demonstrate
inconsistencies with the application and the scoring. The appeal is bused on one member's
scoring that was so inconsistent as to be blatant, and based on the overall scoring
is inconsistent with the information and criteria presented. Yaw stated they contended
that Baranko had to necessarily disregard the growth management criteria and submission
to have arrived at his score; the average P & Z score was 43, Baranko's was 29. Yaw
requested that Council award the additional 11 points asked for or to simply strike
Baranko's score from the record.
Yaw pointed out this project was awarded a 1.8 for water service; they believe a 2.5 is
deserved. There is a 6 inch main, test pressures exceeded 90 psi with a flow -of 2,000
gallons per minute. In engineering judgment, this is more than ad( -equate service for the
project. For sewer the project: was rated a 1.4; Yaw stated a 2.5 .is deserved._ Thq sewer
stated there was a bottle neck in Mill street line; this has been corrected. These
projects only add .3 per cent to the overall capacity of the treatment facility. For
stroni drainage this project rated 2.8; 3.0 is deserved as all storm drainage will be
handled on site and there are no foreseeable deficiencies.
2391
Special Meeting Aspen City Council April 25, 1978
I '
On fire protection the project was rated 2.2; Yaw is requesting 3.0. There are hydrants
within 200 feet, and they have provided a new hydrant adjacent to one element of the
project. The structures will be completely sprinkled and smoke detectors will be in
each units. On parking they received 2.4 and are requesting 3.0 points. There are 29 cars
required to be parked and only 7 will be within view of the streets; there will be a
parking garage. In terms of public transportation, each of the projects is within 350
feet of bus service. In terms of police protection they received 1.2 points and are
requesting 1.5.based on the fact they are within 1 minute of the police station. Also
the project has committed to hire and maintain a security system.
On childcare facilities, the project received a 1.4 and because they plan to provide them
on -site, Yaw is requesting 2.0. These facilities will be consistent with state day care
facilities. Recycling got 1.6, they will provide this and exceed the level of service
provided in that neighborhood and request 2.0. On handicapped they received 1.8; the
project was specifically designed so that all but six of the units can be reached by
wheelchair, they are requesting a 2.0 Yaw said in total they are requesting 5.9 additional.
points to the amount given, bringing the total up to 43.9.
Ms. Smith told Council there was a comment from the water department stating these were
somewhere between negligble and moderate impact, they felt 1.8 was not far-off. Sewer
service - they feel that scoring is correct as there is a substantial overload on the
Durant transmission line, so the Durant portion of the project was downgraded. Ms. Smith
explained this was scored as if either of the sites had sufficient deficiencies, the total
score was down graded. The transportation score is correct at 1 point as they are not
directly on a bus line. The planning office had recommended 2 points on handicapped.
Councilman Parry questioned the criteria used for judging police protection. Ms. Smith
said they had not received any response from the police department. Councilman Behrendt
asked how the child care would be maintained. Ms. Smith said this would be tied down in
the subdivision process. Mayor Standley asked if 925 Durant would be totally employee
housing. Yaw said they are 12 studio units, 450 square feet, at $175 per month. At 500
S. Galena there will be a manager's unit to be rented at $175. Ms. Smith said this needed
to be tied down through the housing authority.
Councilman Behrendt moved in storm drainage to change the points to 3.0 giving an additional
.2 and in handicapped raise -the points to 2.0 giving an additional .2; seconded by Council-
man Parry. All in favor, motion carried.
Councilman•Parry moved the points be raised on childcare facilities from a 1.4 to a 2.0;
seconded by Councilman Behrendt. All in.favor, motion carried.
Councilman Parry moved the recycling facility be changed from 1.6 to 2.0; seconded by
Councilman Van Ness. Ms. Smith stated the planning office awarded full points only if
there were some outstanding feature about the project. Normal or adequate level of service
received only l'point. All in favor with the exception of Councilmembers Johnston and
Wishart. Motion carried.
Councilman Isaac moved to change the energy average points to a 3.0 from a 2.8; seconded
by Councilman Parry. Councilman Behrendt asked why. Councilman Isaac pointed out they
are putting in solar heating, lining the windows to accept the sun light and are doing
more than necessary. All in favor, motion carried.
Mayor Standley announced the scoring on this project has been modified to bring the total
points to 39.6 without the bonus.
Andre's/Six Studio Units - David Hauter, representing Andre Ulrych, said this seems to'be an
ideal project, six studio units, close to downtown. The project is small scale and should
have no impact on services. There are two existing homes on the site, so this will only
be an increase of four units. This should be a pedestrian project in terms of location.
Hauter pointed out that small projects are penalized in the categories of community support.
These units will be large, low cost long term housing studios.
Hauter stated there were inconsistencies in scoring. On sewer they were only given 1 point.
and request a total of 2, as the Mill street bottleneck problem has been corrected. On
storm drainage they are requesting additional .2 points for a total of 3 as all the storm
drainage will be handled on site. On roads they are requesting an additional .2 for a
total of 3 as the project is located within 3 blocks of downtown; there is no foreseeable
problems with the roads and there is a sufficient alley. Under public transportation, this
project is within half mile of ski hills, downtown, Rio Grande parking, and they are
requesting an additional .2 for a total of 2. Under police protection, Hauter pointed out
this project is three blocks from the police and fire station and the response time: is
30 second to one minute. This project is small and connot provide space for a childcare
facility on site. On bicycle paths wthis project should rate 2 points; it is very compatible
to bicycles and living there would not require an automobile.
On Recycling, the project will have separate containers for glass, aluminium, organic
material. Hauter requested .8 points for a total`of 2.0. In terms of handicapped, they
request a scoring of .2 additional to be consistent. The commercial support proximity is
covered on the location. This is a totally pedestrian oriented project and should
receive an additional .4 points. Hauter said they did not feel four units will impact -
the existing system. Ulrych pointed out these are all garden level units.
Councilman Behrendt moved that the applicant receive 1 point for sewer for a total of 2
points, receive an additional .2 for storm draina_u_e and an additional .4 on commercial
support proximity; seconded by Councilman Parry. A11 in favor, motion carried.
Councilman Isaac moved to award 3 points on roads instead of 2.8 for an additional .2;
seconded by Councilman Parry. All in favor, motion carried.
Special Meeting Aspen City Council April 25, 1978
Councilman Parry moved that for bicycle paths 1 additional point be awarded as anything in
the City like this actually a bicycle path. Motion DIED for lack of a second.
Councilman Wishart moved to add .2 for handicapped design features; seconded by Councilman
Parry. All in favor, motion carried.
Councilman Van Ness moved to add .4 to police protection to bring it up to 2.0 points;
seconded by Councilman Parry.. Everyone opposed. Motion NOT carried.
The Ulrych - Six'Studio apartments is now recorded at 38.8 points.
Goodnough Apartments - Vivian Goodnough entered into the record a letter from their
attorney Leonard Oates. The Goodnough project, consisting of 9 units was awarded 35.4
points. Ms. Goodnough entered a written challenge to the scoring by the P & Z. Ms.
Goodnough challenged the assessment of points under 24.10-4, relating to moderate and
middle income housing. At the presentation, the Goodnoughs had stated that the three
top story units would be condominium units under deed restriction to local owners. By
this fact, they feel they are entitled to an additional 3 points. Six units will be
rented in the moderate income range of $300-$450 per month. Additionally, one unit will
be rented at a substantially lower rate for a caretaker. Plus the three top story units
which will be sold, the total housing score should be 4 points.
On roads, they feel they are a much less crowded area than the other project, and are not
situated on a hill. They have few units. This project is a definite auto disincentive
due to its proximity to downtown. There are roads on three sides of the project. They
ought to get full points for roads. On energy, they will have individual electric heat,
and it will also have a passive solar, the fire places are all glass doors, 90 per cent
of the windows face south. Snow build up will further insulate the units. On police
protection, they received a 1 and Ms. Goodnough compared scores on other projects. Ms.
Goodnough pointed out this project is within 5 blocks of the police station, and Chief
Hershey said the project could easily be handled by the existing force. Call time would
be 2 minutes, the project is exposed on three sides and well -lighted. There will also be
a caretaker living there.
Ms. Goodnough stated they feel childcare facilities in the area are adequate. They are
closer to the bike path's than anyone else and they received a 1.2., They are one and a
half blocks from City Market. On recycling, they were marked 2 by the planning office
and received a 1.6. Ms..Goodnough asked for a .4 there. On handicapped, they stated they
would provide ramps, if necessary. On commercial support facilities, they are asking for
total 2.'0, an addition of .2 points because they are very close to the commercial district
and all the roads are very flat, and there is a bus stop on the corner.
Ms. Goodnough objected to•the planning and zoning commission evaluating the projects
500 Galena and 925 Durant as one. The objection is that these are two separate and
distinct project separated by one -quarter mile distance. This is to the detriment of
small projects. The planning office had interpreted this in order to allow employee
housing. Ms. Goodnough said ber interpretation of the ordinance in no way allows split
projects. The effect of the position taken by the P & Z•will be to enhance larger undev-
eloped which may be placed in the free market category thereby depressing the price of
smaller properties. This will create an anti -competitive situation.
Councilman Behrendt asked about the points for sewer. Ms. Smith stated they had received
a very negative comment from Heiko Kuhn, as the project feeds into the Durant line which
is very over loaded. Jim Markalunas recommended this as moderate impact on the water
system. As far,as the housing, Ms. Smith said this application consisted of six moderate
income units before the deadline.
Councilman Parry moved to change the commercial support proximity from 1.8 to 2.0, raising
it .2 points, recycling upped by .4 to a 2.0; bicycle paths increased by .4 to a 1.6;
increase roads by .3 and energy by a .5'; seconded by Councilman Behrendt. All in favor,
with the exception of Councilmembers Wishart and Johnston. Motion carried.
Councilman Parry moved to raise the housing from 10 to 14. Motion died for a lack of
second.
Mayor Standley closed the discussion on the Goodnough apartments with a total amended
points to 37.2
Van Horn. Russ Pielstick, representing Van Horn, told Council is project is only land
subdivision, and land subdivision does not fit into the review as well as other. They
have been trying to bring about this subdivision since 1972, working with sewer and water.
Pielstick explained they would have an 8 inch water line which would close the loop on
Riverside and upgrade the system, and that was what Markalunas recommended. On sewer,
they have been working with the engineers, but they were down graded on points because the
planning office thought they would need lifting stations because of the.elevations.
Pielstick explained that for storm drainage the parking and access roads would be gravel
or perforated paving; the foundations will be required to have perforated pipe collection
so that the pipes flow into a dry well. Fire protection was marked down because in
inadequate water pressure, but they have an 8 inch looped line coming from a 12 inoh
main. For parking design, all they can do is require all owners to have adequate parking.
They are not designing the sites so they cannot designate where the parking will be.
With roads there is a problem; however, they worked out an easement through Callahan
subdivision to the highway. in a land subdivision, Pielstick stated he did not know what
to do to gather points.
Pielstick stated for transportation they are beyond the 525 feet from a bus route. The
police protection, with response time and this subdivision with minimal effect, it should
not affect the existing level of service. Childcare - Pielstick has broken down the
census in terms of age groups and they would expect to have one child under the age of 5
in the subdivision, and they felt it would he excessive to have childcare facilities.
2393
Special Meeting Aspen City Council April 25, 1978
Pielstick told Council the bicycle path runs right through the bottom of the site, and
j' they should have gotten maximum points for this. Recycling in dealing only with a land
subdivision, it is difficult to figure out what they can do in this category. In handi-
capped design features, all the sites are at grade and they should have gotten the maxi-
mum. In housing, Pielstick stated they were judged very fairly. They are providing a
covenant restriction which says there must be a low cost apartmbnt in each unit.
Pielstick reiterated the fact this was a ]and subdivision gave them some difficulties
because'they do not have the number of parameters to deal with in design in order to bring
about the required point total. Pielstick suggested that in the future the land subdivi-
sion should be evaluated on a different schedule.
Ms. Smith told Council on sewer the planning office had gotten the comment of substantial
impact because of the possibility of lifting stations. On water, they got- the comment of
moderate impact because the City may have to construct the water line. Tom Jones noted
the initial application did not make the storm drainage arrangements clear, that there
would be penetration into dry wells. Councilman Wishart said that perhaps land subdivi-
sions should be handled differently. Ms. Smith said the P & Z agreed this should be given
consideration in future ordinance amendments. This was considered originally when the
ordinance was drafted, but it was thought that such things as recycling, parking, solar
energy could be shown and deed covenanted along with the sale of the lots.
Councilman Behrendt moved to recommend raising water from 2.4 to 3.0, sewer ought to be
awarded 2.0 points (increase .6) increase under fire protection .4 points to 2.0 and
increase bicycle paths .8 to 2.0 points; seconded by Councilman Parry. All in favor,
motion carried.
Councilman Isaac moved to give the benefit of doubt and raise childcare to 1.0, adding
additional .2; raise recycling .2 to 1.0, and raise handicapped to 1.0, up .2; seconded
by Councilman Wishart. All in favor, motion carried.
Mayor Standley stated the Van Horn application has been modified to 34.0
Cooper & Original - Chuck Brandt, representing Cooper & Original, told Council this
pro3ect is within 135 feet of City Market, is on a bus line, within 3 blocks of the center
of town, it is as near police and fire as any of the applicants, it is the only applica-
tion that includes a solar system, childcare facilities are in the vicinity. Brandt
stated those general points should give rise to consideration of the scoring by P & Z.
Brandt stated his client objected to the treatment of two separate projects as one.
Mayor Standley stated discussion of other projects is not an appropriate subject. Brandt
should keep his comments to his project. The appeal is on the basis of the application.
Brandt said this would be a discussion of the system, and this is a comparative system in
that there is a ranking for the points.
Brandt stated the treatment of two buildings as one project, that application should stand
or fall on its individual merits, treating the employee housing project and the free
market project as two separate projects. In terms of competition aspect, the R/14F
district is at a disadvantage when the implementation ordinance is applied. The high
price real estate prices in R/MF preclude true employee housing. The developer cannot
afford to provide employee housing along the criteria addressed. Brandt stated the fact
that these employee units can be sold off in a few years ought to be considered.
The R/MF zone is for intensive housing for employees, and there is a transfer of density
from the R/MF area to lodge area by two of the applications. This deprives the applicant
who owns a single parcel of land of adequately competing. This can be avoided by insist-
ing that multi -family dwelling in the lodge district that preclude R/MF development be
subject to six month rental restriction.
Councilman Parry questioned the scoring on water and sewer as this project is in the same
areas as other projects. Ms. Smith stated initially Heiko Kuhn commented this project
would have substantial sewer impact because of the Mill street bottleneck, which has been
taken care of. This project should receive the 2 points. On'water service, the comment
was there is nominal pipe and the existing main is seriously overloaded. Tom Jones said -
the site is presently lower than the street. Some garden level units are proposed and
he could foresee a possible problem with water and a flooding problem.
Councilman Behrendt moved to raise the points for sewer service by .8 to 2.0; seconded by
Councilman Parry. All in favor, motion carried.
Councilwoman Johnston pointed out the planning office did not allow any points for hous-
ing; there are two points on the tally sheet. Ms. Smith stated there was no employee
housing indicated on the application. The majority of P & Z scored this at no points.
Councilwoman Johnston moved to lower the housing by 2 points; seconded by Councilman Isaac.
All. in favor, with the exception of Councilman Parry. Motion,carried.
Councilman Parry moved that the water service by raised by .4 and the fire protection be
raised by 1 point; seconded by Councilman Van Ness. Councilwoman Johnston pointed out
that upgraded the water system was not part of the original application. Mayor Standley
said this constitutes an amendment, it cannot be considered, the motion is inappropriate.
Councilman Parry moved to raise the commercial support proximity .2 to 2.0 points and to
raise energy .2 to 3.0 points; seconded by Councilman Behrendt. All in favor, motion
carried.
Transportation modification. Council addressed all the applications on this because the
criteria is very spec fic 2 points on existing .route, 1 point within walking distance
(520 feet), and 0 for outside established service area. Top of Mill is 700 feet from
service, but is not appealing so it cannot be amended. 500 S. Galena, 925 Durant got
1 point should stay as is. Ulrych stayed the same; Goodnough stayed the same; Cooper &
Original was raised from 1.8 to 2.0; Van Horn was lowered from 1 point to 0 points.
Special Meeting Aspen City Council April 25, 1978
Mayor Standley stated 500 Galena/925 Durant is not 39.6 which now qualifies it for the II
growth management plan. P & Z's recommendation is that Council apply the 20 per cent
bonus to allow up to 65 residential units. There are only three projects over 39 qualify-'
ing points. Without the bonus 500 Galena/925 Durant qualify by right for 16 units, and
if Council grants the 20 per cent quota bonus that would allow 65 units. Councilwoman
Johnston said the quota for residential is 52.; anything built on a single family dwelling
lot counts toward that quota. Councilwoman Johnston asked if any count had been taken of
building permits to be subtracted. Ms. 4!:,ith said this'was taken for 1977 and subtracted
from the quota. Ms. Smith told Council the ordinance allows Council to grant in excess
of the maximum number of dwelling units as much as 20 per cent, provided that any such
excess development be offset by reduction in successive years, over the next four years.
Councilwoman Johnston pointed out this.quota is established by percentage, and asked if
this percentage of growth quota had been reduced by the number of single family units
already done. Ms. Smith stated the quota annually of 39 was not reduced by anything other
than the actual build out in any year. They do not know what has happened in 1978 yet.
Councilman Behrendt moved to table the considerations of the awarding of bonus allocations
until May 8 Council meeting, and have the planning office and city attorney bring a
clarification to Council to consider at that time the awarding of the bonus units;
seconded by Councilman Parry. All in favor, motion carried.
Councilman Parry moved to instruct the planning office to draft a resolution approving
Top of Mill and Park Central•West for 1977-78 growth management allocations; seconded by
Councilman Isaac. All in favor, motion carried.
Councilman Parry moved to adjourn the meeting at 7:50 p.m.; seconded by Councilman Isaac.
All in favor, motion carried.
Kathryn S. tauter, City Clerk
t
July 21, 1960
CERTIFIED MiNIL - RETURN RECEIPT REQUESTLD
Asp -Vail Investments
Box 666
Telluride, Colorado 81435
Mr. Donald Ball
415 East Hyman
Aspen, Colorado 81Gll
Gentlemen.
This letter is written as a courtesy to remind you that you are in
jeopardy of losing your allocation under the Growth Management
Plan for the construction of a 5,455 square foot addition to tiie
Tom Thumb Building. This allocation will expire on July 29, 1900,
unless you take steps to preserve your rights.
Specifically, Section 24-10.7 (renumbered this year to 24-il.7) of
the Municipal Code of the City of Aspen, Colorado, requires that
you submit plans sufficient to obtain a building permit on or
before February 1 1980. You made initial coitipliance. You
submitted plans.on January 31, 1980, to the Building Department
and paid the appropriate fee for a "plan check". The plans acre
approved on March 11, 1980. As of this date, you have not paid
the fee for a building permit and a building permit has not been
issued. Under Section 303(c) of the Uniform Building Code, 1976.
edition, you have only 180 days following the date of -application
to secure a building permit. Failure to secure a building permit
by July 29, 1980, will cause your application to expire and will,
additionally, cause your Growth Management allocation to expire.,
You have two available courses of action. First., the building
official may extend the time in which you may acquire the .buildin:
permit for a period not exceeding 180 days upon your written
request "shoeing that circumstances beyond the control of the
appli-:ant have prevented action from being taken", or, you may pal
the appropriate fee and obtain a valid building permit.
Yours very truly; 1
1
Ronald W. Stock
City Attorney
CC. Karen Smith
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C ndom1 0 1.L)o►A i wfton C.._ 47
r sixes 172 goes Oxa w o.0 rasa,
sssatr Ottke SvMtr ta.•s'rttKen•QYIs. t;at
REAL ESTATE PURCHASE CONTRACT
114y_28, __ _. Iv 85
1, or we, hereby agree to purchrue the following described real property, to —it.
Sour Unit A302 _-! 9UQ Battle_Flaza_Condominium Building_
to-- CiSVof Aspen,_Countof Pie in xx,t Accord to the_rec�ed_plat.—___
thereof, subject to all -condominium _declarations, restrictions a
o_ns and all Pitkin _County,
Colorado employee housing deed dedications and restrictions and employee housing
regulations. �------- — — - -
together with all the improvements thereon and the appurtenances, if any, thereunro belun, n,K, including _ _None _
IF the adneral right/, and subject to ex,song z.,nmg ordinances, restrictions and casements.
We agree to pay, for said real property, the sus of Thirty Four Thousand ,_ Six _Hundr_e_d_Seventy -and no/100
—-------- —'---ollare ($ 34,670.00 ), payable as tollo- Tl,c sum of 3 467.00
—which is herewith deposited with._ Mountain Enterprises B.OS _._ Agent
f;
as agent_. receipt of which is hereby acknowbdged, to be applied on the purchase price xXX"Xx&3"XXXigxxxxxxxxxxxggXX2
cash at closing together witXXxt*xXaEXXXX�iDGYsj1, and dir balance, if any, " follows;
h all ordinary and usual_closing costs.
The caller, rithimli a-ys from the acceptance bsreof, shall furnish/
aY G,16x2�c KX�cxLforDr tit le insurance
KArCXXXKXKKE4}iXX cstrndcd
to this date, shoring a good title, In the seller >)[I[ j }:y( X�S!}ifC'�i free and clear of all bens
and encumbrances, except as hsteinabow provided.x�txl�,}��xhFXlc�Ex7t�CXx*kxi�X
kkt wxxgcxxwA*xxxx-xxxxxxxxxxxacxxxxx*xxiexxA,*x
xx�t>cx�x� �
In case such defects in the title cannot be so corrected te(thJn the time specified, �thts cont!cts sh:dl become null and v.,rd and the
deposit returned forthwith, unless the buyer elects to walvi puch��t�objeectioons.
The tide shall be conveyed by Warranty Dead AndUtVLgf ihall IDPylo�t e hou, in� ry�tr114ons
a eneral axe an p•cra ssesiments to the eaitndar
year. All General Taxes and Special Assessment liens payable during the calendar year of. _..1985 _...shall be pro -rated on the bests
of said calendar year between buyer and seller at the time of dosJng. If the amount of the General 'faxes cannot be ascertained such proration
shall be on the basis of the tau" paid for the preceding year.
Rents, interest, insurance, water, gas, and electric bills, apartment expenses and sa l.,rics, ii anv, art- to he aJtusted to date .,f closing "r,
the basis of thirty days to the month, the seller to have the last day. Rents delinquent more than thirty Jays, arc to be cullects•d by the
seller and are not to be adjusted
The seller agrees to deliver the property and the improvements thereon in their present ;,,nJ,t,on, ordinary wear and tear escrptvd.
This sale Is to be closed on or hot* Junta 30 _ -_ ig 85, unless the time of closing is extended bs
written agreement, apossession of said real property will be ,;t,tn on or before_JUne IG, 19S5__
If the buyer wronsfuUy refuse• to clew, the sanww money U to be forfeited as hquid:ucd dam.tgrs to the caller; one half paid rct.un. d
by the Agent so apply on his proftsaional services, and One half paid to the seller, but the seller may at his option seek specific performance
If the pUer's title fails, and cannot be perfected as herein provided, the seller shall be liable for the Agent's commission
This Is the entire contract between the parties, when accepted, and neither party shall be bound by any verbal representation altering the terms of this offer and agreement.
The foregoing Offer b trade object eo
' acceptance in writing hereon by the seller within____N/A ___days from and after this date,
and the return of anexecuted copy to the undersigned. If not so accepted the said deposit is to be returned to the Buyer.
Time is the essence of this contract and is so considertsd by the Parties.
This contract shall be binding upon the heirs, esecutors, administrators, successors and assigns of the parties hereto. This contract, when
accepted, may be assigned.
This is a legally binding contract. If not understood, seek competent advice.
Buyer
. ~
Rec�svtd the sum of Buyer.�_//_ to be held and applied in accordance ,.rth the terms and conditions of the furegoing
offer. Dated this....... 2-?,,_____day of
_ 19
v
Kua�� ,• ,��sPs�d6
---- By— ;'jilG!
I, or we, accept the foregoing offer and agree to tell the above describ1�7�
property (l,r ,,rms and Condruuns herein state,!, .,,s,i
agree to pay the above Agent the regular commission of
Dated this, day of- .__
__—_.-_.19_ _.._
Srllet
Scllct
ftla0 - 0
RFSOLUT I ON' 01' THE
AS['f:fi PLAldl INO AND ZONING COMMISSION
REGARDING 1978 GROWTH MANAGEMENT PLAN `ALLOTMENTS
FOR COMMERCIAL DEVELOPMENT
WHEREAS, in accordance'aith Ordinande ;48 Series of 1977, February 1,
1978 'was established as a deadline for submission of 1978 aplil -i cati ons for
residential, lodging, and commercial development within the City of Aspen,
and
WHEREAS, in response to this ordinance three commercial projects were
submitted for a total of 6,639 square feet of commercial space within the
24,000 square feet of commercial space available in 1978, and
WHEREAS, duly noticed public Hearings were conducted .before the Aspen
Historic Preservation Commission on March 14, 1978 and before this Commission
on April 18, 1978 to consider the Growth Oanagement applications and eval-
uate and score these applications in conformance with.criteria established in
Ordinance #48, Series of 1977.
NOW, THEREFORE, BE IT RESOLVED that this Commission. hereby evaluates
ranks and scores the projects submitted in the following order:
Total Total
P&Z Average HPC Averay. . WIO Bonds Bonus W/Bonus
1, Tom Thumb
Building 18.52 13.4 31.92 4.9 36.82
5455 sq.ft.
2. -The Hutch 12.42 6.6 19.02 2.18 21.02
576 sq.ft.
3. La Tortue 10.62 6.7 17.32 .56 17.88
608 sq.ft.
AND BE IT FURTHER RESOLVED that:
1. This Commission recommends that all three projects be approved regard-
less of the fact that two projects, The Hutch and La Tortue, did not achieve
a minimum of 6OZ of the available 36 points (21.6) points without bonus or
30Z of each category. Both the Hutch and La Tortue failed to recieve 300 or
1.8 points in the category of community commercial• uses (The Hutch received
1.52-points and La Tortue received 1.12 points). Because the two projects
were vary small additions to existing small buildings, the projects were
unable to provide employee housing or supply professional or service oriented
space. The Commission fools that Ordinance 148 also had an unfair ponali:inch
effect on small projecAn the area of architectural ai`!{sit:r. design. The
Commission, therefore, recommends• that Council consider a special ordinance
that would amend Ordinance #48 to drop the requirement that projects must
receive 30% of the total points in the category of community commercial ser-
vices, which would have the effect of allowing La Tortue and The Butch to
build this year. This is arIpropriate in Q 978 also because only 25% of the total
available allotment was applied for.
2. That consideration -be given to an amendment to Ordinance 048 which
would deal with the discriminatory effect which the ordinance appears to
have on small projects. One proposal might be to!exempt small projects
(under 700 square feet) from review under the growth management allotmient
system, but provide that any such buildout be subtracted from%the following
year's allotment. Another solution might be to change the category of
"community commercial services" to a bonus point category only and still
require review.
3. That the unused allotment for. 1978 At be carried over•to subsequent
years, as it could raise the possiblity of an imbalance in commercial build. -
out in the following year or in any of the next four years. Rather, the
Commission recommends that the allotments be reviewed after a five year period.
4. That theICorimission has again recognized certain flaws in the working
of the ordinance and has requested proposed amendments from the Planning
. Office to provide more definitive criteria for architectural design, site de-
sign, and amenities, among other matters.
l
Dated this `�.�
t ^_ day of Play, 1978.
rz
MI -Collins, Chairman
Aspen Planning and Zoning Commission
ATTEST:
Sheryl Sinmmen
Deputy City Clerk
..hr dlCfw r..rn'« b 1;1 Unilo =".cnL r.lc l•r / , %H .t
cnn
�u.,ta wxce�xCeuur_tion in the aLl:,tmPnt3 over the na,xc
t by
roLIOWNt The allotment for 1979 shall be reduced by 12 or rettuc.,,
A
. 27 39 to
b• The allotment for 1980 s::all be reduced by 12 or re uced ercm
39 to 27
c• The allotment for 1981 shall be reduced by 9 or reduced from
39 to 30. ,
I,od in Section ccr.struction in excess of the 36 lodge unit
Counci ::2reby authorizes
allotment for 1977 and 1978 in corciance with Section ?t by a (a) which
authorizes an increase in the 1==ae development allotment by as much as I
33 per cent, or up to 47 units.
2. Lodge development allotments are hereby awarded to the Aspen Inn (36
units) and the Mountain Chalet 18 units) for a total of 44 units. 1
3, That the 32 employee units i�spen Inn = 24; Mountain
Chalet = 8) iJ
proposed as e. matter of FAR bor. in thiovidednfordistricts
ordinanceX448.
from the Growth Management Plat: as is p
4. Given the 8lodge
18 unit allc`-.entdavailableyin 1979 unitee btonzero, oand
il = `
hereby reduced the 1981
the 1980 1.8 unit allotment ttotze`o'and Mountai. Chaletreduced eshall belphased as 14.
5. That the Aspen Inn prof projects Growth Management
represented in their aapliapprc;alsand
neededthe
by the sCity ato securebuildingconsiderations
may apply for any further app_
permits.
ereby directs the
AND BE IT FURTHER RESOLVED by the City Council that it h
al with
Planning
amendmentsance No.
fthe ePlanning rand gZoning
l �
Commission Resolution.
Councilman Behrendt moved to adopt Resolution #11, Series of 1978, as amended; seconded !
by Councilman Van Ness. All in favor, :notion carried.
al
ent
2. Commercial Allotmand LaThis is Tortue.toMa�cr1der the Standleycsltaatedlhe would mallow o10 mitnutesbfor Commercial
building, the Butch, Allotment
the proponent to make a presentation to Council, and 10 minutes of discussions. Counci -
woman Johnstonsaid
she understood the plan care ofning f the small operations ice feels the best athat can y to so vintno
problem is
way come to the points. Two in the takin3cial projects are very small. Mayor Standley i
pointed out these two were 576 and 608 square feet. d r
Ms. Smith told Council that to deal with this immediate problem, the planning office
had asked the city attorney to draft an special
commerdialnce that would service categoryeRthatdalance 48
to drop the requirement under the community
r cent of that category. These two small projects received
projects must receive 30 peity
30 per cent of each category except corrun th saideshouldservices lf
Council passthisordinance,
housing and professional services. Ms.
SmiNo. 10, then they could amend this resolution and allocate development to those other h
two projects. 1 �
Councilman Behrendt moved to waive the appeal process on the Hutch and resolution
Tortue be
acknoeaedoiaglowthe
HutchCouncil
andintends
Tortue toVmakeordinance
developmenOt;ssecondedo that ebylCouncilwomannJohns-
amend protest
ton. City Attorney Nionawaspointed
d to deletepCouncil waivingwtheeapplicant'stright to
not Council. 1
_. appeal. All in favor, motion carried. j
Councilwoman Johnston moved to read Resolution #12, Series of 1978; seconded by Council-y f
man Parry. All in favor, motion carried.
RESOLUTION NO. 12
(Series of 1978) IlReso. 12, 1978
ce with Ordinance No. 48, Series of 1977, February 1,
ercial
WHEREAS, in accordan
1978, was established as a deadline for submission of 1978 applications for
residential, lodging ctomthisaordinancemthree ent 1commercthin ialhe Cprojects ity of swere and A
WHEREAS, in responsea`
submitted for a total of 6,639 square feet of commercial space within the �y
24,000 square feet of commercial space available in conducted before the Aspen r
uand �.
WHEREAS, duly noticed public !earings were conducted
j
Historic Preservation Commission on March 19, 1978, and before the Planning
and Zoning Commission on April 18, 1978, to consider the Growth Management
tons and evaluate and score these applications o
77aaformance with
applica i ,
criteria established in or No. Co Series o resolution
Commission did by
evaluate,
WHEREAS, the Planning and Zoning
sub -.fitted in
the following
order:
Total i!
rank, and score
the projects
tal
Bonus
W Bonus
PSz'Average HPC
Ave.aae
W/O IIonus
J
1r
1. Tom Thumb
Building -
31.92
4.9
36.82 1
5455 sq.ft
18.52
13.4
P
2. The Hutch
6.6
19.02
2.18
21.02
576 sq.ft
12.42
17.88
3. La Tortue
10.62
6.7
17.32
•56
!
608 sq.ft
and.
M.-otingL_ Awmk �.3pen City. Cr�,ancl..._._
a.. 41
bdivision
anption
of
bdivision
nceptual
rowhead
bled
WHEREAS, the Aspen C:t7 Council did consider appeals at their M;,•, y
meeting and as provided .n Section 24-10.5(e) Ordinance No. 48.
did amend the points awar:ed to the two protesting applicants as follows=
WIO Bonus
1. Tom Thumb
Z. The Hutch
3. La Tortue
and,
WHEREAS, the Hutch and La Tortue did not achieve either a minimum of 50 I..r
cent of the total avalia_-_'_ 36 ooints or 30 per cent of each categorv, and;
in accordance with Sect_cn 24-10.5 (c) , are not eligible for development allot.r:,•�ir_
NOW, THEREFORE, BE -SOLVED that the Aspen City Council hereby allocates
commercial development allotment in the amount of 5455 square feet to the Tom
Thumb building application in the year 1978 and that this project is authorized
to proceed further with and additional approvals needed by the City of Aspen to
secure building permits.
AND BE IT FURTHER. RE-73LVED THAT:
1. City Council reccznizes the unanticipated discriminatory effect that
Ordinance No. 48 has cn small projects and small additions and, pursuant
to the recommendations of the Aspen Planning and Zoning Commission hereby
directs the City Attorney and Planning Office to draft a special ordinance
that would amend Ordinance No. 48 to delete the requirements that projects
must receive 30 per cent of the total points in the category of communicty
commercial services.
2. Council will reconsider the Hutch and La Tortue for development allot-
ments when and if suc^ ordinance is adopted.
3. That the unused 1978 allotment of 18,545 square feet and the unused 1977
allotment of 6215 square feet, for a total of 24,760 square feet be carried
over to 1979 for possible distribution at that (or a later) time, unless
Ordinance No. 48 is a^ended before 1979 revising the carry over provisions.
It is also noted that, should the Hutch and La Tortue applications be approved,
that the carry over allotment will be reduced by the equivalent amount.
4. Council hereby directs the Planning Officer to propose amendments to
Ordinance No. 48 to the Planning and Zoning Commission including alternative
means of dealing with the discriminatory effect of the ordinance on small
projects and more definitive criteria for architectural design, site design
and amenities among others.
Councilman Van Ness moved to adopt Resolution #12, Series of 1978; seconded by Councilman
Parry. All in favor, motion carried.
SUBDIVISION EXEMPTION - Kopf
Richard Grice, planning office, told Council this is a request to crate a separate 6,000
square foot lot out of five city lots. The applicants is requesting approval to separate
lots O and P, Block 56, from lots Q, R, and S where their house is located. This is in
the R-6 district and both lots would be fully conforming. Grice told Council this was
coming in under Ordinance #3,1978, which allows a lot split exemption from the GMP
provided there was an existing dwelling and they were creating no more than two lots.
The City Engineer has no problems with this. The P & Z recommended exemption from sub-
division regulations subject to the payment of a park dedication fee, which would be
required before building permit.
! .I
Councilman Behrendt moved to acprove the subdivision exemption; seconded by Councilman
Parry. All in favor, motion carried. j
CONCEPTUAL SUBDIVISION - Arrowhead $ ��
Karen Smith explained to Council this is a'request for conceptual subdivision approval,
and will result in the removal of two existing dwellings and the reconstruction of four
new dwelling units. For that reason it is exempt from the GMP but not from subdivision
regulations.• This project did co to P & Z and received their approval. The city engineer
has problems with the alley access and parking. The engineer is requesting that the
engineering changes be a condition of approval.
Ms. Smith brought up Ordinance #53 and the employee housing impact. Mark Danielson, housing
office did substantial research and there are employees housed on this site. Danielson
advised against condominiumization because there was no firm commitment to employee
housing. Reconfiguring the units was suggested to provide for employee units rather than
four large free market units. P & Z's thinking was that they could address this at the
preliminary stage. Ms. Smith pointed out that Ordinance #53 does require housing be
addressed in the first phase o= approvals. Danielson stated there would be employee
displacement in two if not three of the units. Danielson stated there would probably
be tenant displacement from the point of view of high price paid for the land so that the
investor could cover his costs. Ms. Smith stated the attorney for the applicant was not
present and would like this tabled to May 22. !
Councilman Van Ness moved to table this item until May 22; seconded by Councilman Parry.
Councilman Behrendt suggested t^at Albie Kern be advised of Council's concerns before the
next meeting. All in favor, motion carried.
!
ORDINANCE #8, SERIES OF 1978 - Park Dedication Refunds
Mayor Stanldey opened the public hearing. There were no comments. Mayor Standley closed
1. 8, 1978 the public hearing.
�k Dedica-
i
>n refunds Councilman Behrendt moved to read Ordinance #8, Series of 1918; seconded by Councilman
Parry. All in favor, with the exception of Councilwoman Johnston. Motion carried.
11 .
A
Z z/
•
•
Regular Meeting Aspen City Council May 8, 1978
3. The difference between the 65 units approved under the 20 per cent i
quota excess and the 54 unit allotment for 1977/78 or 33 units shall be
offset by a reduction in the allotments over the next three years as
follows:
a. The allotment for 1979 shall be reduced by 12 or reduced from
39 to 27
b. The allotment for 1980 shall be reduced by 12 or reduced from
39 to 27
c. The allotment for 1981 shall be reduced by 9 or reduced from
39 to 30.
Lodging Section
1. Council hereby authorizes construction in excess of the 36 lodge unit
allotment for 1977 and 1978 in accordance with Section 24-10.3(a) which
authorizes an increase in the lodge development allotment by as much as
33 per cent, or up to 47 units.
to the Aspen Inn (36%Q;.
2. Lodge development allotments are hereby awarded
units) and the Mountain Chalet (8 units) for a total of 44 units.
= 8) vw'l
3. That the 32 employee units (Aspen Inn = 24; Mountain Chalet
a matter of FAR bonus in the lodging districts be exempted .1
proposed as 9m
448. 1i
from the Growth Management Plan as is provided for in Ordinance
4. Given the 8 lodge unit excess and 32 employee unit bonus, Council
hereby reduced the 18 unit allotment available in 1979 to zero, and
14.
J)L
'i
the 1980 18 unit allotment to zero, and reduced the 1981 allotment to
5. That the Aspen Inn project and Mountain Chalet shall be phased as
represented in their application and that the first phase of both projects
building
Growth Management
may apply for any further approvals needed by the City to secure
considerations
permits.
AND BE IT FURTHER RESOLVED by the City Council that it hereby directs the
Planning Office to propose amendments to Ordinance No. 48 to deal with recognized
flaws in the workings of the ordinance all as mentioned in the Planning and Zoning
Commission Resolution.
Councilman Behrendt moved to adopt Resolution #11, Series of 1978, as amended; seconded
by Councilman Van Ness. All in favor, motion carried.
2. Commercial Allotment. This is to consider the commercial allotment for Tom Thumb
building, the Hutch, and La Tortue. Mayor Standley stated he would allow 10 minutes for
the proponent to make a presentation to Council, and 10 minutes of discussions. Council- CCoonviecnalt
woman Johnston said she understood the planning office feels the best way to solve the
problem is to draft a new ordinance taking care of the small operations that can in no
way come to the points. Two of the commercial projects are very small. Mayor Standley
pointed out these two were 576 and 608 square feet.
Ms. Smith told Council that to deal with this immediate problem, the planning office
had asked the city attorney to draft an special ordinance that would amend Ordinance 48
to drop the requirement under the community commercial service category, that all
projects must receive 30 per cent of that category. These two small projects received -
30 per cent of each category except community commercial services - points for employee
housing and professional services. Ms. Smith said should Council pass this ordinance,
No. 10, then they could amend this resolution and allocate development to those other
two projects.
Councilman Behrendt moved to waive the appeal process on the Hutch and La Tortue
acknowledging the Council intends to adopt Ordinance #10 so that resolution #12 can be
amended to allow Hutch and La Tortue to make development; seconded by Councilwoman Johns-
ton. City Attorney Nuttall pointed out the applicants should waive the right to protest
not Council. The motion was amended to delete Council waiving the applicant's right to
appeal. All in favor, motion carried.
Councilwoman Johnston moved to read Resolution #12, Series of 1978; seconded by Council-
man Parry. All in favor, motion carried.
RESOLUTION NO. 12
(Series of 1978)
WHEREAS, in accordance with Ordinance No. 48, Series of 1977, February 1,
1978, was established as a deadline for submission of 1978 applications for
residential, lodging and commercial development within the City of Aspen, and
WHEREAS, in response to this ordinance three commercial projects were
submitted for a total of 6,639 square feet of commercial space within the
24,000 square feet of commercial space available in 1978, and
WHEREAS, duly noticed public hearings were conducted before the Aspen r
Historic Preservation Commission on March 14, 1978, and before the Planning
and Zoning Commission on April 18, 1978, to consider the Growth Management
applications and evaluate and score these applications in conformance with
criteria established in Ordinance No. 48, Series of 1977, and
WHEREAS, the Planning and Zoning Commission did by resolution evaluate,
rank, and score the projects submitted in the following order:
Total Total
P&Z Average HPC Average W/O Bonus Bonus W Bonus
1. Tom Thumb
Building -
5455 sq.ft 18.52 13.4
2. The Hutch
576 sq.ft 12.42 6.6
3. La Tortue
608 sq.ft 10.62 6.7
and.
31.92
4.9
36.82
19.02
2.18
21.02
17.32
.56
17.88
i
ReZo. 12, 1978
Commercial
q-
q;
23199
— -- - Regular_ Meeting--
WHEREAS, the Aspen City Council did consider appeals at their May 8, 1978,
meeting and as provided in Section 24-10.5(e) Ordinance No. 48, Series of 1977,
jdid amend the points awarded to the two protesting applicants as follows:
i W/O Bonus
1. Tom Thumb
2. The Hutch
I 3. La Tortue
and,
WHEREAS, the Hutch and La Tortue did not achieve either a minimum of 60 per
cent of the total available 36 points or 30 per cent of each category, and, therefore,
in accordance with Section 24-10.5(c), are not eligible for development allotment.
NOW, THEREFORE, BE IT RESOLVED that the Aspen City Council hereby allocates
commercial development allotment in the amount of 5455 square feet to the Tom i
Thumb building application in the year 1978 and that this project is authorized '
to proceed further with any additional approvals needed by the City of Aspen to
secure building permits.
AND BE IT FURTHER. RESOLVED THAT:
1. City Council recognizes the unanticipated discriminatory effect that
Ordinance No. 48 has on small projects and small additions and, pursuant
to the recommendations of the Aspen Planning and Zoning Commission hereby
directs the City Attorney and Planning Office to draft a special ordinance i
that would amend Ordinance No. 48 to delete the requirements that projects
must receive 30 per cent of the total points in the category of communicty
commercial services.
2. Council will reconsider the Hutch and La Tortue for development allot-
ments when and if such ordinance is adopted.
3. That the unused 1978 allotment of 18,545 square feet and the unused 1977
allotment of 6215 square feet, for a total of 24,760 square feet be carried
over to 1979 for possible distribution at that (or a later) time, unless
Ordinance No. 48 is amended before 1979 revising the carry over provisions.
It is also noted that, should the Hutch and La Tortue applications be approved,
that the carry over allotment will be reduced by the equivalent amount.
4. Council hereby directs the Planning Officer to propose amendments to
Ordinance No. 48 to the Planning and Zoning Commission including alternative
means of dealing with the discriminatory effect of the ordinance on small
projects and more definitive criteria for architectural design, site design
and amenities among others. !
Councilman Van Ness moved to adopt Resolution #12, Series of 1978; seconded by Councilman
Parry. All in favor, motion carried.
i
SUBDIVISION EXEMPTION - Kopf
Richard Grice, planning office, told Council this is a request to crate a separate 6,000
Subdivision
square foot lot out of five city lots. The applicants is requesting approval to separate
Exemption
lots O and P, Block 56, from lots Q, R, and S where their house is located. This is in
the R-6 district and both lots would be fully conforming. Grice told Council this was
Kopf
coming in under Ordinance #3,1978, which allows a lot split exemption from the GMP
provided there was an existing dwelling and they were creating no more than two lots.
The City Engineer has no problems with this. The P & Z recommended exemption from sub-
division regulations subject to the payment of a park dedication fee, which would be
irequired
before building permit. �l
II
Councilman Behrendt moved to approve the subdivision exemption; seconded by Councilman
Parry. All in favor, motion carried.
CONCEPTUAL SUBDIVISION - Arrowhead
Karen Smith explained to Council this is a request for conceptual subdivision approval,
and will result in the removal of two existing dwellings and the reconstruction of four
Subdivision
new dwelling units. For that reason it is exempt from the GMP but not from subdivision
regulations. This project did go to P & Z and received their approval. The city engineer
Conceptual
has problems with the alley access and parking. The engineer is requesting that the
Arrowhead
tabled
engineering changes be a condition of approval.
Ms. Smith brought up Ordinance #53 and the employee housing impact. Mark Danielson, housing
office did substantial research and there are employees housed on this site. Danielson
advised against condominiumization because there was no firm commitment to employee i
housing. Reconfiguring the units was suggested to provide for employee units rather than
four large free market units. P & Z's thinking was that they could address this at the
preliminary stage. Ms. Smith pointed out that Ordinance #53 does require housing be
addressed in the first phase of approvals. Danielson stated there would be employee
displacement in two if not three of the units. Danielson stated there would probably
be tenant displacement from the point of view of high price paid for the land so that the
investor could cover his costs. Ms. Smith stated the attorney for the applicant was not
present and would like this tabled to May 22.
Councilman Van Ness moved to table this item until May 22; seconded by Councilman Parry.
Councilman Behrendt suggested that Albie Kern be advised of Council's concerns before the
next meeting. All in favor, motion carried.
ORDINANCE #8, SERIES OF 1978 - Park Dedication Refunds
Mayor Stanldey opened the public hearing. There were no comments. Mayor Standley closed
Ord. 8, 1978
the public hearing.
Park Dedica-
Councilman Behrendt moved to read Ordinance #8, Series of 1978; seconded by Councilman
tion refunds
Parry. All in favor, with the exception of Councilwoman Johnston. Motion carried.
F
J61. - r •
Regular Meeting _ Aspen City Council May 8,
Councilwoman Johnston moved that the lease agreement be subject to the Paragon not having
loud speakers at the front of the Paragon directed at the mall. Motion died for lack of
a second.
Councilman Van Ness moved that if the Paragon exceed state statute decibel level, their
lease can be cancelled; seconded by Councilwoman Johnston. All in favor, motion carried.
Mayor Standley asked the city clerk to make sure the Paragon was reporting their percen-
tage of food sales to the City.
SPECIAL EVENT PERMIT - Aspen Leaves/Aspen Center for Environmental Studies
Mayor Standley told Council this is a request for a liquor license for July 9 from 6 to Special Event
9 p.m. It will be held in Mrs. Paepcke's garden and will be a benefit for Aspen Leaves Permit
Aspen Leaves/
and ACES. ACES
Councilman Behendt moved to approve the special event permit for July 9; seconded by
Councilman Van Ness. All in favor, motion carried. Council asked that the special event
on Sundays be checked out.
CHAMBER PICNIC - Request for use of Plum Tree 1
Jeti Fox reminded Council last year the Chamber had a picnic at the Plum Tree and they
Use of Plum Tree
would like to do it again on June 3. They would like to use the golf course, tennis
Chamber Picnic
courts and ball field. If there is no golf course, they would like to use the putting
green and driving range.
Councilman Behrendt moved to let the Chamber of Commerce use the Plum Tree on June 3;
seconded by Councilman Van Ness. All in favor, motion carried. ti
IDCA BUS REQUEST
Mayor Standley told Council this is the same request for bus service as in years past,
Bus Request
_:bus service to the tent, and for the tours. There will be no picnic this year.
IDCA
= Councilman Behrendt moved to instruct H. J. Stalf to work this out with the IDCA; seconded
_ by Councilwoman Johnston. All in favor, motion carried.
i
= WHEELER OPERA HOUSE COVENANT
_ Councilman Behrendt asked if these covenants were terribly constraining. Jenifer Carr
Wheeler Opera
told Council these have to be signed for the $35,000. The restrictions are if the City
House covenants
_ were to decide to divest itself of the Wheeler, The Colorado Historical Society has first
right of refusal. It the City were unable to maintain or operate, the Colorado Historical
;I
Society would take over. Finance Director Butterbaugh said she had problems with parts,
such as the City is the contractor with the Historical Society and any contract over
$10,000 requires the contractor to be bonded. The contractor has to pay minimum wages,
all advertisements have to meet with non-discriminatory terms, etc. Ms. Butterbaugh said
she would feel more comfortable if the staff looked this over.
'- Councilman Behrendt moved to table this item until the meeting May 22 and have the staff
= review; seconded by Councilwoman Johnston. All in favor, motion carried. Councilman
Parry came in.
GROWTH MANAGEMENT CONSIDERATIONS Growth Management
1. Residential and Lodging Allocation Resolution. Joe Wells, planning office, had considerations
-
submitted a memorandum to Council c arifying these allocations. For these allocations,
they are using 1977, 1978, part of 1979, part of 1980 and part of 1981. Mayor Standley Losgden- tia� ar��
- questioned how far into the future can be borrowed against. Mayor Standley said he would Lodging
-. like to have the city attorney prepare a resolution saying that no allotment over a cer- Allocations
tain period can occur. If the allotments borrow up to 1981, then there is no borrowing
until 1981. City Attorney Nuttall pointed out there are a number of loose ends in the
_ GMP that will have to be cleaned up.
Councilman Van Ness moved to read Resolution #11, Series of 1978; seconded by Councilman
Parry. All in favor, motion carried.
Councilwoman Johnston said the Council must address the point of previously built single
family residences, which should be counted against the allotment. Ms. Smith reminded
Council there was an administrative delay through 1977 and to have counted the 1976 devel-
opment against 1977 was thought to be unfair. Ms. Smith stated the 1977-78 allotment was
54, consisting of 39 and 39 minus 24 build out on already subdivided lots in the first 9
months of 1977. There were 22 units built out after that. One way of dealing with this
discrepancy is to count the remainder in 1977 and subtract from following year's quota.
The Council could subtract 7 per year from the quota for 1979, 1980, and 1981 from the
39.
Ms. Smith pointed cut the 20 per cent bonus the Council can allow, which is 11 units,
will be subtracted from following years and is also spread over three years. If the
bonus is allowed, there will be 28 units allocated in 1979. Councilman Behrendt questioned
the result of the employee units in lodging being exempted from the GMP. Ms. Smith
explained that the employee units are counted as one lodge unit, the quota is reduced by
that amount plus the excess approved over the allotment. The future year's allotment will
be reduced to zero by counting it against the total build out. Mayor Standley pointed
out if Council asked the city attorney to draft an ordinance not allowing to borrow more
than two years, the net effect would be for the next two years there would be absolutely
no lodge units built in Aspen.
0 •
SUBDIVISION/GROWTH IMNAGEMENT EXEMPTION AGREEMENT
THIS AGREEMENT made this day of March, 1982,
by the City of Aspen and Mountain Enterprises-80B
(herein referred to as Owner).
WHEREAS, Owner has submitted to the City for approval,
execution and recordation a final Condominium Map (hereinafter
"Map") depicting the condominiumization of the Tom Thumb
Building Condominiums situated in the City of Aspen, Pitkin
County, Colorado, more particularly described as Lots K and
L, and the North 14 feet of the West 12 feet of Lot M,
Block 88, City of Aspen, County of Pitkin, State of Colorado;
WHEREAS, on February 8, 1982, Aspen City Council
approved Owner's application for exemption from the definition
of subdivision for the purposes of condominiumization and,
for exemption from Growth Management Plan for the three
employee units contained within The Tom Thumb Building
Condominiums and the parking spaces therefor, subject to the
condition that Owner agree to all matters contained in the
aforesaid approval and within this agreement, and
WHEREAS, Owner is willing to acknowledge, accept,
abide by and faithfully perform all of the conditions and
requirements imposed by the City,
NOW, THEREFORE, in consideration of the premises,
the mutual covenants herein contained, and the approval,
execution and acceptance of the Condominium Map for
recordation by the City and its grant to Owner of the
exemptions from the definition of subdivision and from
Growth Management Plan requirements, it is mutually agreed
as follows:
•
•
a
01-ts A
w
I.
DEED RESTRICTIONS
Owner agrees that those residential employee units
designated on the Condominium Map will not be rented or
sold, except in accordance with moderate income guidelines
established by the City of Aspen pursuant to Resolution
No. 81-44, plus increases as are permitted by those
guidelines and pursuant to any subsequent amendments
thereof.
II.
MINIMUM LEASES
Owner covenants that the three residential employee
units within the project shall be restricted to six (6)
months minimum leases with no more than two (2) shorter
tenancies in any calendar year.
III.
WAIVER OF PARKING FOR EMPLOYEE HOUSING
The requirements of Article IV, Chapter 24, Aspen
Municipal Code are waived by the City and are deemed
inapplicable with respect to the employee housing units
contained within the subject project, as designated on
the Condominium Map.
IV.
EXEMPTIONS GRANTED
The City agrees to grant the exemptions requested
by Owner from the definition of subdivision under the
Aspen Municipal Code for the purposes of condominiumization
and from the provisions of Growth Management Plan for the
subject three residential employee units within the project,
all as set forth on the Statement of Exemption of even
date herewith.
-2-
•
V.
COVENANTS RUNNING WITH THE LAND
The conditions set forth herein and imposed with
respect to the approvals granted by the City shall constitute
covenants running with the land, and shall be binding upon
the Owner and the Owner's heirs, successors and assigns.
IN WITNESS WHEREOF, this agreement has been duly
executed this day of March, 1982.
MOUNTAIN ENTERPRISES-80B,
MOUNTAIN ENTERPRISES, INC., a
joint venturor,
By:
James Bagley, President
CITY OF ASPEN
By: _
Herman Edel, Mayor
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this day of March, 1982 by James Bagley, President
of Mountain Enterprises-80B, Mountain Enterprises, Inc., a
joint venturor.
My Commission expires:
Notary Public
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this day of March, 1982 by Herman Edel, Mayor, City
of Aspen.
My Commission expires:
Notary Public
=10
STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION
FOR THE PURPOSES OF CONDOMINIUMIZATION AND EXEMPTION
FROM THE GROWTH MANAGEMENT PLAN FOR EMPLOYEE UNITS AND
PARKING SPACES THEREFOR
WHEREAS, Mountain Enterprises-80B, a joint venture,
is the owner of a parcel of land situated in the City
of Aspen, Pitkin County, Colorado, more particularly
described as Lots K and L, and the North 14 feet of the West
12 feet of Lot M, Block 88, City of Aspen, County of Pitkin,
State of Colorado; and,
WHEREAS, applicant has requested an exemption from
the definition of subdivision for the purpose of condominium-
izing the building on the subject property (said building
commonly known as the Tom Thumb Building Condominiums) and
for an exemption from the Growth Management Plan for the
three employee units contained therein, including parking
spaces therefor; and,
WHEREAS, the Aspen Planning and Zoning Commission at
its meeting held on January 19, 1982, determined that such
exemptions would be appropriate and recommended that the
same be granted, subject, however, to the conditions mentioned
hereinafter; and,
WHEREAS, the City Council determined at its meeting
on February 8, 1982, that the owner's requests for such
exemptions was reasonable and proper under the circumstances,
THEREFORE, the City Council of Aspen, Colorado does
hereby determine that the owner's application for exemption
from the definition of subdivision for the purpose of
condominiumization is proper because the owner's proposed
subdivision thereof in connection with condominiumization
is not within the intents and purposes of the subdivision
ordinance and does, for such reason, grant an exemption
from the definition of subdivision for such action; and
further determines that the owner's project is entitled
to an exemption from the Growth Management Plan for the
three employee units and parking spaces therefor,
PROVIDED, HOWEVER, that the foregoing exemptions are
conditioned upon the owner's compliance with the deed
restrictions as contained in the Subdivision/Growth
Management Plan Exemption Agreement between the owner and
the City of Aspen, dated March , 1982.
Dated this day of March, 1982.
Herman Edel, Mayor
I, Kathryn S. Koch, do hereby certify that the
foregoing Statement of Exemption from the Definition of
Subdivision for the Purposes of Condominiumization and
Exemption from the Growth Management Plan for Employee Units
and Parking Spaces therefor was considered and approved
by the Aspen City Council at its regular meeting held
1982, at which time the Mayor, Herman
Edel, was authorized to execute the same on behalf of the
City of Aspen.
Kathryn S. Koch, City Cler
-2-
Th• peloled porllon of thl■ term approved by the .
Colorado Real Erl�te Commluloe (99-60-7.71)
STATEMENT OF SETTLEMENT i'•
SELLER'S ❑ PURCHASER'S
PROPERTY ADDRESS
Unit 302 Tom Thumb Buildino Condominiums, P.s en, CO.
SELLER
�lountai n Enterprises 80D PURCHASER John Brett Gillespie i
SETTLEMENT DATE August 1, 1985 DATE OF PRORATION July 31, 1985
LEGAL DESCRIPTION: Unit 302, Tom Thumb Building Condominiums, Aspen, CO h
Debit Credit
1. Selling Price
34,670
2. Deposit, aid to
0
3. Trust Deed payable to
4. Trust Deed payable to
5. Trust Deed payoff to
6. Interest on Loan Assumed
7. Title Ins. Premium
8. Abstracting: Before Sale
9. After Sale
10. Title Exam. b
11. Recording: Warranty Deed
12. Trust Deed
13. Release
14. Other
15. Documentary Fee
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s) (198.36 = 365 x 1.81 days = 115.12
18. Taxes for Current Year
115
12
19. Tax Reserve
20. Special Taxes
21. Personal Property Taxes
22. Hazard Ins. Prem. assumed - Policy No. Co.
Yr. Term Expires
Premium $ Days Unused at 0 per day
23. Premium for New Insurance
24. Hazard Ins. Reserve
25. FHA Mortgage Ins. Assumed
26. FHA Mortgage Ins. Reserve
27. Loan Service Fee (Bu er)
28. Loan Discount Fee (Seller)
29. Interest on New Loan
30. Survey and /or Credit Report
31. Appraisal Fee
32. Water and /or Sewer
33. Rents
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee
38. Transfer
0
39-- Fee 1 2
----Closing
Sub -Totals
34
3- 582
.12
Balance due to/from Seller
31,341.
80
Balance due to/from Buyer
TOTALS
24.923
Q2
34 O
n
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
Purchaser/PATHTW Broker
PnrcheaerlSeller �� By
No. SS 60-7.71. S'TATF.MFNT OF SETTLF,MF, rr B, and NblkhinR. 5R25 W. 64h Ave.. LJkewixxl, CO 80214 - (303) 233-6900 12-94
11CR6EME N7' ►-'. w
.00 m s-
b. C-> ==
�m
_ A
THIS AGREEMENT made and entered into this �- day. of'a
,1985, by and between John Brett Gillespie of the County'of Pitmen,'
State of Colorado (hereinafter referred to as "Owner"), and the City of
* Aspen, Colorado (hereinafter the "City").
W I T N E S S E T H:
WHEREAS, the Owner has purchased that real property located'at
���„ �� (hereinafter.
Unit"), re specifically describe asfollows:
Unit 302, Tom Thumb Building Condominiums according to the record
of plat thereof and Condominium Declaration recorded April 15,
1982 in Book 425 at Page 202 of Pitkin County Records, City of
.Aspen, County of Pitkin and State of Colorado.
WHEREAS, Owner acknowledges that the Unit is subject to the'.
control of. the City for the purpose of addressing the moderate income
housing needs of the area and the parties desire to insure that, on
resale, the Owner's Unit is again made available to satisfy the need
for moderate income housing in the City of Aspen.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, paid in hand by the
City to the Owner, receipt of which is hereby acknowledged, the parties
agree as follows:
1. At any time Owner intends to sell the Unit, he shall notify
the City or its designee, in writing, of his intention to do so and
deposit with the authority an amount equal to .1% of the estimated -
value of the Unit. The Housing Authority shall advertise the Unit for
sale by competitive bid submitted by qualified purshasers (as herein
defined). Subject to the provisions of this Agreement, Owner may
accept the highest bid; or, in the alternative, reject all bids and
retain ownership of the Unit. If the Owner sells the Unit, he shall
pray the City an amount equal to two percent (2%) of the sale price less
the amount of deposit previously made. If the Owner rejects all bids
he shall forfeit his deposit.
2. "Qualified purchasers" are those meting the qualifications of
the City which qualifications shall.be established by the City Council,
taking into consideration employment, length of residency, financial
stability, net worth or assets and maximum income, and any and all
other criteria adopted by the City reasonably calculated to determine
eligibility for middle income housing and ability to finance the same.
In no event shall any qualified purchaser submit a bid .for an amount
which would result in his assuming obligations in'excess of any ratio
liability/income established by the City.,,
3. In no event shall the sale. -price of the Unit exceed`the'total
of 6% or the CPI whichever is .less:
.a. The Owner's purchase price plus an increment equal to six.
percent (6%) of the purchase price .per annum from the date
of purchase (pro -rated for each whole month for any part
of a year; or
b. An amount (based upon the Consumer Price Index, A1l'Items,
U. S. City Average, Urban Wage EArners and Clerical.
workers (Revised), published by the U...S. Department 'of
Tabor, Bureau of Labor Statistics) calculated as follows:
Owner's purchase price x Consumer Price Index last
published prior to the date of the notice of desire .to
sell - Consumer Price Index current at the time.of
purchase by Owner.
c. Plus the value of capital improvements made* to.the Unit
subject to the following limitations:
r
1. The value shall not exceed fifty percent (50%) of the
purchase price for.each whole year,the Owner has owned
the Unit, whichever is less.
2. Value is to be determined by cost less depreciation
(based on a standard schedule of depreciation) or by
appraisal made by an appraiser mutually acceptable to
both the City and Owner. In the event an appraisal is
made, the cost thereof shall be assumed by the Owner;
plus
d. i The -present value of the Owner's pro rata share... of capital
" improvements made to the common elements and assessed to
the Owner by the homecaner's association; the value to be
determined by mutual agreement of the parties or by an
appraiser_ mutually acceptable to the parties. .(The cost
of such appraisal shall be borne by the Owner);:...plus
e. The Cost of any public improvements for which assessments
were imposed by any governmental or quasi -governmental
agency which have been paid during the period of
ownership.
In the event that a bid is received equal to or in excess of the
maximum resale price herein established, the Unit shall be awarded to
such bidder at said maximum price; and in the event two or more such
bids are received, the winning bidder shall be selected by lottery and,
again, the Unit sold to him at no more than the maximum resale price.
Nothing herein shall be construed to prevent the Owner from rejecting
all bids and retaining ownership of the Unit.
4. No Owner shall permit any purchaser to assume any or all of
the Owner's customary closing costs, nor accept any other consideration
such as to increase the purchase price above the bid price or maximum
sale price or so as to otherwise induce the Owner to sell to said
purchaser..
5. The following transfers of any interest in the Unit, unless
adopted to avoid the provisions of this resale Agreement, shall be
exemption for its provisions:
a. A transfer by operation of law of a deceased person's
interest to the surviving joint tenant.,
b. A'transfer of an interest by will or inheritance.
c. A transfer by genuine gift without any consideration
thereof_.
d. A transfer of an interest to a trustee for the benefit'of
the Owner or the Owner's spouse or issue:.
e. A transfer by operation of law of an interest of an Owner
.to any other co-owner (or cc -owners) where such. co-owner
(or co -owners) holds title on the date of such transfer as
tenant -in -common or as joint tenant.
f. A transfer of an interest by Treasurer's deed pursuant to
a sale for delinquent taxes; or by a sheriff's or.public
or private trustee's deed pursuant to a judgment execution
or foreclosure sale, but only for debts constituting a.
purchase money mortgage or incurred for those reimbursable
capital improvements described in Sections 3b and c.
Provided, however, anything above to the contrary notwithstanding, in
the event that the Unit shall be transferred in any manner described in
paragraphs a through f, the transferee, his grantees or successors in
interest, shall be bound by the terms and conditions of this Agreement
in the sane manner and degree as if no exempt transfer had occurred.
6. In the event that any Unit burdened hereunder be sold and .
conveyed without compliance herewith, such sale shall be wholly null
and void and shall confer no title whatsoever upon the intended
purchaser. Each and every conveyance of the Unit shall, for all
purposes, be.deemed to include and incorporate by reference in such
instrument of conveyance, even without reference hereto, the covenants
herein contained.
-2-
V A .
7. In. the event that the Owner desires to lease the above
described Property, Owner shall give written notice of such intention
to the City which shall have, for a period of thirty (30) days .
subsequent to receipt of such notice, an option to undertake the'.rental
of the Unit for the term described by the Owner (not to exceed.a
maximum of. three (3).months each vear as referred to in Section 8 of
this Agreement) and at a rental not to exceed the monthly expenses for
the costs of principal and interest payments, taxes, property
insurance, condominium assessments, utilities, plus an additional
Twenty Dollars ($20.00) and a reasonable (refundable) security deposit.
All rental proceeds.shall be payable to the Owner.. Nothing herein
shall be construed to require the City to indemnify..the Owner -against
any losses attributable to the rental including (not by way of
limitation) non-payment`o.f- rent or damage to the premises, nor to
require the City to provide for the rental of the premises underthe
provisions of this paragraph.
8. The Owner agrees that, in the event he changes his domicile or
ceases to utilize the Unit as his sole and exclusive place of
residence, he will offer.the same for sale pursuant to the provisions
of the Agreement. The owner shall be deemed to have changed his
domicile by becoming a resident or accepting permanent,employment
elsewhere, or residing in the Unit for fewer than nine (9) months per
,year. In the event that the City shall have probable cause to believe
that the Owner is violating the provisions of this section, it may
inspect the Unit during reasonable hours to verify occupancy by the
owner.
9. In the event any person with an ownership interest acquires
such interest without intending to use the same as his sole and
exclusive place of residence, and he shall dispose of his interest
within one (1) year of acquiring the same, then all other persons with
an ownership interest shall simultaneously offer the samefor sale
pursuant to the provisions of this Agreement, and the Unit shall become
available for purchase pursuant to the provisions of paragraphs 1
through 4 (above).
10. Any notice which is required to be given hereunder shall be
given by mailing the same, certified mail, to any address provided
herein or given as the current mailing address of the party.
11. The provisions of this Agreement shall be covenants running -
with the land, be binding upon the Owner.and the City,, his or its
heirs', successors and assigns (and enforceable by any'of them) and.
shall run for the period of the life-ofthesurvivor.'of the members of
the present City Council, plus twenty-one (21) years.,
12. The term "Owner" as used herein shall refer .,to'any•and,all
persons (without regard to number or gender) or entities having an
ownership interest in the. condominium unit which is'the subject of•this
Agreement.
13. The Owner acknowledges and agrees that the City'may assign:-,
responsibility for enforcing, administering and implementing the terms
of this Agreement to such housing authority, housing office or housing
agent as it may designate and that, in such event, the.term "City", as
used herein, shall enco.rmass any entity or person so designated.'
14. At the time of any sale of the Unit pursuant to the terms of
this Agreement, the Owner shall provide (at.his,cost),title insurance
(or other evidence of title); and any taxes, assessments, utility:;.•.'`
bills, etc., shall be pro -rated to the date of closing: Each party.to
the transaction shall assume his customary closing costs.
15. There is hereby reserved to the parties hereto any and all
remedies -provided by law for breach of this Agreement or any of its
terms.
16. The Owner acknowledges that he has read and •fu'l understands
and accents the terms and conditions of this Agreement.limiting the
resale and rental of the Unit; and .further acknowledges that,he..is.
-3-
IN.C��S��,� F,1Gf.U;f�
relying.`upon no -oral representation's" qualifying or limiting the terms
h f ..
IN.WITNESS}WHEREOF; the parties hereto have executed this
instrument on -the day and year above first written.
Owner
:,Owner
Co (a .
(.Mailing Address):,
STATE OF COLORADO ) ,.+:,:• ' ... :' �'
ss. r ' `;•
COUNTY OF PITKIN' ) t'.;• ;,.;' ;
The for oing was acknowledged before.
me this Sda• 'of
19 8 5 , '. by y
WITNESS MY HAND AND OFFICIAL SEAL. � h.
cohi lssion,expires:
ND
• t.:7 )• .. ����1-� sue'../. ' �
Talb , Notary Public.
o
ACCEPTANCE BY HOUSING AUTHORITY-`*
�:!:,�• ;�`'. .•
The foregoing grant' and its terms. are acceptd`�b:..The'15itkin
•;:
County Housing Authority.
ASPEN/PITKtN COUNTY 14OQ8Itt -AUrH.
' .r ,,�^M �1.•IIIh\ �'' •• ... 1�1- :gip ' f p" , ••.\�
(Title
(Mail inq_Addgess)..
n\
STATE OF COLORADO )
ss. ,
COUNTY OF PITKIN )„
Th foregoing instrument was 4cknowlledg�ed before,me this.__'
day of , 1985, by lrn "}"�S ;•
Witness my hand and official seal.
n 'A
N to Public
My commission expires: �_ITS'— T51
t.'`.
ir �r
N
JAI
Reor)rAed at o' clock 0. ,
=
M
00
Reeeotion No.
xr �
STAIR OF Cu.ORADO
Cr)
so. "%Fjtvm 0M
cam" OF PITMN )
7419 Lw06011M, Marie this 29th day of MovWdW, in the Yost of our GorA
one thousand nine hurdred and elghty-five, letween Obuntain Nnter-
priaea-We, a joint venture coamptised of Mountain enterprises, Inc., a
Colorado Corporatinn and Trend Venture Corporation an okldww Corpor-
ation, of the County of Pitkin and State of Colorado, forwrly known M
Transom, Inc., of the first part, and T. Mlidtsal Rantser, wtoose legal
address isr 6501 Vista Dal Mar, Playa Dal Ray, California, 90293, of
the second narto
WI11fl1SS6'141, That the said party of the first part, for and in
consideration of Two Hundred Eighty 1ho card and no,/100 Dollars
(j290,000.00), to be paid by the said party of the second cart unto
*arty of the first part, the reosipt whereof is hereby confessed and
acknowledged, has granted, bargairMA, 8O14 and conveyed, end by these
presents does grant, ber7ain, Bell, convey and conftrs, unto the said
Marty of the asamd part, his heirs and sesigns forever, all the fol-
lowing described lots) of lard, situsts, lying and being in the Town
of Aspen, County of Pitkin, and State of CDloradro, known and described
is follows, to-vitn
Unit A-101 and Unit ti-303, THE TCM imm SUmtw CDMOOIINIUIM,
aocordinq to the recorded plat thereof, and Oxdominium
Declaration re*wded April 15, 1962 in Rook 425 at Page 202 of
c� = Pitkin County peocrds, City of Moon, Ownty of Pitkin, and State
- of Colorado.
c
To3WI dER with all and singular the tensasnts, herditasente and
6pourtranows thereto belonging, Or in anywise appertaining, and the
rloversion and reversions, romainder and remairders, rents, issues and
t rirvfits thereof, and all the estate, right, title, interest, claim and
equity, of, in and to the sbova bargainad promises, with the herodita-
m ent.s and appurtenances.
10 RWZ 4M 10 w D the said promises above bargained artd deocrib-
ad with the appurtenanwes, unto the said parties of the second part,
i their heirs and assigns forever. Md the said party of the first part,
i for itself, its heirs, executors, and adeministrstrxn, does covenant,
grant, bargain, and Was to and with the sold parties of the second
part, their heirs and assigns, that at the time of the ansesling and
delivery of these presents, it is well seized of the promises above
oonweyed, as of good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, in fee simple, and has good right, full power
and authority to grant, bargain, sell and convey the sac in manner anti
form as aforesaid, and that the saw are free and clear from all former
and other grants, bergadna, sales, liens, taxes, asseemaonta arxi ewrm-
brances of whatever kind of nature soaves, legs and except es follows,
t"itt
Arty and all taxes due for the year 1985 and being Aus and psysble
in the year 19661 Unit 4-101 being subject to a first Deed of Trust
r,syahle to security Savings Msociation, Texarkana Texas as recorded
in Rock 472 at Page 923 and r,n-reoxdd in %xit 473 at Page 591, Clerk
and Recorder Office, Pitkin County, Colorado, and any tax, assessment,
charge or lien imposed for water or sewer service, or for any other
special taxing district) Terms, conditions and restrictions as evi-
denced in Notice of. Historic Designation 1WOOCAe4 in Rook 295 at Pow
515 of Clock and Rsoxtifers Office, Pitkin Crwnty, Colorado) Terms aM
Prwisiona of Asoolution No. 6 (Merles 1973) recorded kwil 3, 1973 in
Book 2.74 at Pop 217, Clerk and Recorders Office, Pitkin County, Colo-
redo) Terms, conditions, crwisions, and obligations contained within
Cmndoeiniun Osclaration "or The Tram thumb euildi%g Condcrainiu s record -
el April li, 1962 in Rook 425 at Page 202, Clerk and Rsoof to Office,
Pitkin County, m:Acrado) Termu nvd Conditions in 9tatotertt Of mts+P
tion from definition of witxdivision, recordaci June 29, 1962 in Book 426
at Page 610, Clerk Ar►l Reorders Office Pitkin County, Colorado) AtNr-
vations anted exnootions as contained in the need(*) from the City of
Aso►n orovidiml as follows: that no title shall be hereby acquired to
any mine of qoM, silver, cinnabar ed copper or to any valid mining
claim or rY)siession
r11
60
1
n_
11moordd at o'clock _.M., J► Q!
7p
Reoeotion No. + :order
MTN Or ax4MW xf
es. memo oleo or Tm"
C"M or PITUM 1
'fRlt rowor s Made this 29th day of November, in rthe year
of our lord One thousand nine huMrd and eighty-five, between T. Michael
Rantser party of the first pert, ad the Public Trustee of the County of
Pitkin and State of Colorado, party of the Roopnrd part, MI'INMISMo
MT WNEW S, The said first party has oseaAad his promiseory
note bearing eon date harewith foc the principal sum of One Rurdred Seven-
ty-two Thousand and no/100 Dnllare ($172,000.00), dyable to the order of
the ICUlfWM eMllilllRUWIM, 2nd floor 400 e. R"al, Aspen, Colorado 61611
a joint venture om odd of Mountain entemises, Inc., and Trend Venture
Corporation focwarly known as llreneon, Inc., hereinafter referred to as
"JOINT veimn," interest free, said principal dus and payable on March 31,
1966.
*M, MUNW, 'he acid party of the first part is desirous of
seourinq the wpoent of the principal of said prosissory, note in chose
hand* sower the said note Or any Of tiles may be.
", Tfli0W=, I%* said party of the first part in consideration
of the premises, and for the purpas aforesaid, does hereby grant, bargain,
sell and convey unto the said party of the second part, in trust forever,
the following dsacribd property, situate in the County of Pitkin and State
of Colorado, to -wilt
unit h_101
The Tom Tfhtsab Building Condominiums
hopording to the Plat thereof and the Condominium
Declaration reaordd koril 15, 1962 in Book 425 at Page 202
Pitkin County, Colorado
Together with all and singular the herditaments and apptatenanoa, there -
unto belonging, x in anywise sopertainirxl and the reversion and raver
sions, remainder and ressinders, rents, issuss and profits thersoft and all
the estate, right, title, interest, claim and demand whatsoever, of the
said party of the first part, either in law or swity, of, in and to the
above bargained oresiaes, with the herditaments and appurtenanasao To Raw
and To Rold the said premises above bargained and described, with the ap-
purtatanoes, unto Mountain tnterorises-SM, the said party of the uoxd
part, its heirs and assigns foravert but subject to all restrictions as to
the use of said premises imposed by for, r conveyances thereof, and togeth-
er with and subject to existing eseements and rights Of wayt
AND WKNR 6, First Party adumledges and agrees that the above
deserihsd real estate is not "hgrieultural Real Retste" so defined in Arti-
cle 19, Chapter 115, 1963 CM, as aesnA*dt
MD WRRRAS, Said party of the first cart is desirous of securing
the payment of the ofineical and interest and all other wine dus under the
term and conditions of said note and this dad of trust, in whose hands
sower the said rate Try be, and is also desirous of securing the oaytment
of such additional am which may hereafter be advanced by the holder of
said note to the first party or to the then owner of the property herein-
wme described, and evidenced by rotes, drafte, own aecount or otherwise.
Therefore, party of the first cart covenants and agressn
'Mat the ntakirrl of vetch advances shall he optional with the Folder of
said note.
Rhat at no time shall advanaee on the original rote ad additional
.r
Q AA
r
OlOdc �► 5� 7 CQn L't� r 1V
; son '^d at o -- V
1Mc n No. m. der Cq
9 *m of CONomt00 ) �•►
1 aa. ONln Q 17N;Ib'f 2 i0
C xwm or PITKIN 1 CD
,Id DOWM, Mobs this 29th day Of Novrn I in the year
of our turd Ong thousand nine hundred and cighty-film, between T. MiCh"I
Kantser Carty of the first out, he Public Trustee the Second��0 U tY Of
fitkin and state of Colorado, party
of MT WNWN, The said first party has esewted his pro,eieeorY
note bearing even date herewith for the VrinCiPll
the ocberf of the Ir 14" N
send and no✓100 Dollars (6S4►000.00)► Wlab Of
I the On r Of t e N Inc'
fMIS;w address
i a joint venture 01. WOW,
O �n� Colorado 6161" and Trend
yenta abOmM t lid Iloor 400 i. s Trendoon, Inc., hereinafter referred
wnturs Corpormm,tlon foenmarly mown
to as 'JCllft VMAJRNr' with intsrest an the unpaid balance Of said princi-
id
pal sums until paid at the rate Of •lawn and one hats endlt .S6lin arsator
interest upon May 29 and Novssbw 29 of each auooeedin g _
five (S) yew conanoinq Nall 2fr 1966. Principal tAbe and �100 �D011w6
installments in the mount of tight 'souwd
(66,000.00) each, the same being payable an November 29, 19m16, Nownabsr
incipal
29, 111m17, NNow0b" 29, i"If No'wd' r 211, 1909► ir100inal�Dollars
Installment in the sum of twenty Too '�s� twelve (12)
($22,000.00) due On Novwbsr 29, 1W, being Coymble every
months.
No, 1INF&W, VW said party Of the first part is desid� rous hands
curing the oeynant of the principal of said proaiamery s
aoever the said rote or any of them may be.
WN, 4npgpoNr TM said party of the first Cart in -rentConsideration
r
of the crwiamer and for the aAW" eforasaid, doss
sell and convey unto the hold party of the aaaond aartr n tract forever,
the follwing described proWty, situate in the County of fitkin and stew
of Colorado, to -wits
unit h-107
Tha Tom 1hunb Building Condominiums
h000[dinng to the plat thereof and the condoainium
Declaration naorded Wril 1S, 1962 in Book 42S at Page 202
►itktn County, Colorado
Together with all and singular
the hered to o� 94 the r�rs�ss'� trsver-
unto belonging, ar in anywi appertainingtits therooft and all
sips, remainder and rsmainden, rents, issues and profits
of the
the estate, right, title► interest, claim and den �� 1n and to the
said party of the first part, tither in lame or equity► ennana n '!t lNthe
above bargained prenaiass► with the hat itweents and �t with the a e
and To pole the said arsaiess above bargainsd and dsomibed,
purtsnanasr unto mountain fnte,rprises-901, the said party of the seaonb
tart, its Min and assignsimposed forever fK r�wanas thereof, tOgath-
to 911 restrictions as to
the use of said promises innpOaeb by
or with and subject to esistinq easements and rights of waY1
%W r4iltMAs, first Party admowleAges and alto" that the above
described real estate it not •ugriaultural Real estate" as defined in %rti-
cis 19, Chapter 116, 1663 CNb, as amended►
MpWRBMM, Said Carty of the first Cart is desirous of securing
the ay'msnt of the oincipal and interest aft' all other susss ue dunder the
twos and Conditions of saiA note and this dad of trust, in "lose hods
sosysr the said note way be, and is also dasirs:s of seeming holwbocaot
nt
WINS of such miditional s which �msy hereafter be advanced by _
sa1A rots to the f trot arty or to the then amsr of the pr «r otherwise
irr
shr�va Asscriw, and evidenowi by notes, drafts, Open acCount
Therefore, -arty of the first uort aTlenants and press,
That the making of such afvanoes shall be ootlonnal with the holder of
sold rots.
That at no time shall sAvanoes on the original Rots and aMitional
G
hold under existing lawai and provided further that the grant hereby
reads is held and declarer to be subject to all the condition, limita-
tions and restriction ox ained in Section I386 of the Revised Stat-
utes of the United States, so far as the same are applicable thereto.
fwss and except apecifically hereto an Unit 4-303, all employee homing
dedication, restrictions, rules and raqulatiom applicable thereto and
contained therein, within Pitkin County, Colorado, the saw being of
record or otherwisep and the above bargained promises in the quiet
and osaotable possession of the said parties of the second part, their
heirs and assign against all and every person or parsons lmrfully
claiming or to claim the whole or any cart therof, the said party of
the first cart shall and will psrjw*jfr AND /OMM 09rM.
p Ill MITMOSS OUM", the said party of the first cart has hereunto
ii • and seal the day and Vow first above written.
�. MOLUMN WRIM RISSB-60S
-+ byl gonntain Sntervrises, Inc.
O � S1►t
O'W4'
'1k. away* Pffin
X1IMI
By 'rend Venture On ax at ion
Loetsscly lvxown����'� Inc.
i011VTO R&InNorf7Tr-WffMnt
V" a oolaNDo )
Be.
aotW fr or Pro= )
'ihe toepoin g insteussnt w admmledged before in this a1 day
of &OAOM 444, 1965, by Jan 4. Ssgley, President of amain
lintairprises, Inc.
t Lon aspltres
�land aN .
..A 'ir
91M or COMM )
) sa.
9 COMM CP al AMCM )
The foregoing irstrussnt was At ledgsd before as this 'y
of , 1"S, by David Rainholt, Presi of Trend
VIOnturt Onvaraticn,-rotmnrly )yarn a ftom on, Inc.
r
p nxNVI official 0181411.
.. i row
r rqn r•Not LQ
ALL .. A�t
� y
1m
WAIN 509 '%455
'M?Ia" Wo7 1.6719E
THIS KAtM00mr wade this 29th day of N'�ve'hber,
se
and between Mountain Enteroria $OR, 1995, curd executed a joint venture between Treby
nt
Venture Carvocation, fonmarly brown Y Treason, Inc., cued Mountain
EnterpriGQ8, Inc., hereinafter referred to Y Seller curd T. MounNJ tain
refeXsntrred
of 6501 vista Dal Mar, Playa Del Msy, California, hereinafter
referred Co Y Buyer.
titI TNE999TH r
TRW. Buyer is the now
Owner of Unit 4-101 The 'lbw Thumb Buildinq
Condawiniume,
curd City of Aspen, Bounty of Pitkin, State of Oolorado,
CAB, said Unit A-101 between ►contain Snterprlsis abject to " Law Agreement by and
as Inc. and T-Man, Inc. the same being
sublet to Footloose Moeaseina, and
Buyer has, in pact, purchased said Unit 4-101 through the
owisaoh
execution of a or nots payable to Seller, and
WmFtm, Seller has extended such credit to Buyer, and Buyer has
uaaosotad said credit [Tram Seller, interest free with the
understanding that Seller shall receive all rental free from such
lets during the tam of said Pr'oaissory note,
NON '"EA"IS, for and in aonsiAeration of the qutual
herein, the mutual bomfits derived herefroma and "jam
and *at forth ,
consideration each provided unto the other ' other gvaluable
y cu
which being duly
acknowledged by the execution hereof,
and suit fficiency eed aof
sfollo, to-witr
(1) Buyer does hereby sell, Ysign transfer and all right, title ud/Or interest in and to that I,a� �h' "1CO Seller
day of August, 1081 by and between Mountain Rot Agreement dated tOth
Inc. for the lease of Unit A-101 the 'lbw Thusb Building
C SOB and r-M an,
Of Aspen, Atats o[ Oolocad� now being sublet to Candaminiuw, City 1
d/b/a Pootlooee Mxrasins, bgar Steve De cowela
(1) Seller does hereby agree Lessaa, all costs, xpense, utili
to oeey, and/or pause to be pe1A
eties, insurance t by the
asaeaaalents assessable as against and mndowinium
against said Unit A-101.
Of (l) Upon 'Mover's oeywent of that Dead of Trust securing the oawment
Buyers One HuMred Seventy-two Thoueend and W100 (5171,000,00) indebtedness,M}e11eT shall (oilers
sell, assign, transfer and co"
unto Buyer all right title and interest in and to that Lease agreement 14
specifically described within paragraph (1) above.
Buyer
•l'")if feC
aLIM
a W
W_ C
ao
O
L
it
y
mQ
ZK
Seller
Mountain Enterprises fl0s
By Mountain Enter , prises Inc,
W
Q =
Z
tea.,
7
rb.ar•fei al -- ------ �,'cinck_-.m. r ___ -------„r» ------
lroprder.
rtr.ceot ion Ho. ------------- ter_---- -~_
rnt
TH1ti DEPP, +lad, this tvc Any of ruxlust, 19N5, between rpriseirt Inca., a
orities-804r a joint verture cpmpris"xl of Mount++ln qan OkI ices,
ion
nlorario G) ofathnnCoand anty d TPitkinranA gtatetof Coloraado' P)rcviasely
G1rpofation, ,ratlon, of the first cart, and John AMU
Kmwn sa Tre ")n C.ortr Rasalt., Coloradrs
,illesbie, wtr�`se legal address ins 1101 Penns tar,aA,
81623, of the seconi oartr
WI INt:+'3r,, , that the said party of the first party for arkl /1
oonrsiAPrattOn of 'thirty four thousand six hundred seventy and 00/100
M,IARS (534,670.00) to the said Carty of the first part. in henl rsatA
by said parties of CM s�!axxt part, the receipt whereof ie he or
c-r,nfeaaeci AM acknawled�ledr hag granted, tmrgaine'1, sold and
onfi sd,
a� yy theeo presents c4�r!s grant, bargain, sell, convoy aril oonfirn,
iiqns
unto the saiA parties of the second part, thn�rl ism u&tArld @, lyirn and
forev"!r, all the followinq Aescritsed lots)
being in the Town of korsen,
CfxnsCv of Pitkin, and State of Colorado,
to -wit.
v ��� 'iMMA ilJttJ�:� Cr),pOMTNI:3W4, ac�rdim V> the
unit 4-302, Trl• ron,"iniun Declaration recorded knril
recorded plat thereof, 702 0[ Pickin County AeeorAs, City of
15, 1992 in Rrx)k 425 at pWM state of ckinrOlOC u
Moen, County of Pitkin, an
Tcx;E[NBR with all aril sinqular the hereditWw'nts aril appnten&"el r rnretn tr.Irxtgi^q, or in arsywise apperteining, arxl the reversion snd
reversions, remainder NA ren►airders, rents, issues and profits
thereof, and all the estate, right, first,pint,reit' C innlaw "xclemanA
�hatsryv"r of the said Carty
of .yuity, of, in And to the above hargained premises, with the
r.erwlitanr`-nts and aopurtenanoas.
lD HAVF 4P[s M MOM the said premises above bargained and
Of the first
rlescritseA with the aprsurtenences, unto the said rsartiea of the �eQ^
part, their heirs ar+7 assigns forever. And the said party
g, does
pert, for itself, its heirs, executors,
AnddwithithetSaid rnsr"" of the
covenant, grant, bargain, + ai
seoorsri p:rt, their heirs aril assigns, that at the tiny at the a^sealing
es
and deli.,ery of these Presents, it a�luteiarvi indefeasized of the blcsestate p
uprsveY!r1, a» of good, sure, Pt' ,mA has rp-A right, full fr,wer
"f inheritance, in law, in fee simple, the sass in nrersner
arvi a�rthority to grant, bargain, sell crud convey
srkd fern as ofpreseiA, Wyi that the sane aro free and clear fr' all
frvi ff and other grants, bargains, sales, liens, taxes, asse'saments and
rnamhranc�s of whatever kind of nature eoever.
ina due am
Any and all taxes Aue�itions aril restrictions the year 198s am an evidenced in
in the year 19S61 Terms,
Wotioe of Historic Designation WOrArd in Co or2�tat•M� NO o
Clerk and RacorAers Offior!, Pitkin COUnty, 1913 in
prpvlso^s of gesnlutioClNok anrl(series
Recnrdere3D[CicerBePditkPniCormty,
q�c 274 at Page- 217, islrsns, and C*' Patlons chntalned
CA)lorado; 'Perms, orxvlitions, Prov rorxlrsmini�tma
within rondr"Iniun Declarations for The Thumpmleh n2, Cim
r,scv,rdwl April 15, 1992Cn WX)ksi42Sl�arnsP"x CoMitieone indgtAt,"'*ntaOf
Mf ico, Pitkin csunty, 29,
Pys4on 2H atrPa1M510,tClerkf and Rec(.,)rders off ce Pitkin CousntY, n
rolxaist kny tax assessswnts, fees nr etsangsa tN reason of incluaicsn
of the 014,ject ^rop"r!y in Moen Fire Protection District, hsPen
epr.rppolltan aanitstion District, Aspen quest ImP"(WOma^t District and
District arri the above tsargainwi oremlees in the
ksrsrsn Vall�/ F4,soitel
,1ATE DOCUMENTnRY
LL
v
v'1 �
011'
ray rari�+r�r.S1�'iw►tr►.,� . .,
,4uiet. &M rr_aceable p-aPssion of the Anti part i.•g of the sooml owl.,
their hoirs mA assiynq against all and everV Mrson or oerwxis
lawfully claiming or to C'aim the whole or any pert therMIftPho, said
party of the first oart shall aM will WARRANT Ate F ;1K'
IN WI'PQFS4 WKgRFX)F, the aal,i party of th' first pert hari t.er..«intn
{et hiy hand and ie+l the Jay and vear f first above written.
^5•.�rt, .� wetMrAIN Ft4WRPRI9h:5-80 B
i} RV; poilntAin Fnternrisms, Inc.
\;Rlr�r.Afti i{P:AL) � A. Bag ey Pr
4ti
By Trerxl Venture Coronation
MY
from, Ramon x' tT , mores ent
RI A i v, OF ( AHOM 1
aXJA K OF OIIIJ►HOM 1
Ii
Th ornlirkq instrument was aciaawledyed before ms this
day oC wf , 1985, �v Jwllse A. Bag1eY• President of *tcxin�aG�
Fntertxc.
!~y sSnnlil4aton expires V :� '
w��ns�L+dy hand and OPTC a sea
i
ary PM is
rrAT3 op OKIAW AA )
) ss.
nxl�M OF OKIAHOMA 1
The (ore5oinq instriment was aclunwlw19ed hefurs TA this _
of , 1985, by David Rainholt, President of Trenson
aT—xa+
orev s y n as IYenerxt Cnmorut ion.
I*,BowingJA'expires
` Wjj�%t14q my hand and of?Tj aT se Ca
(81J1G)'�
a F.� N ry t�i1 c
J '
�• Ott
1
•
Tla prlalad port 6a of /AInform approved by tko
•
{
Colorado Real Estate Commission (99-60-7.71)
STATEMENT OF SETTLEMENT
SELLER'S ❑
PURCHASER'S
Unit A-101
and
PROPERTYADDRESS Unit A-303, 400E Hyman,
-Aspen, Colorado
81611
SELLER Mountain Enterprises
3%,
PURCHASER
T. Michael Kantzer
'
SETTLEMENT DATE Plovember
29, 1985
DATEOFPRORATION t1ovember 29, 1985
`
LEGAL DESCRIPTION:
Unit A-.303 and A-101
The Tom Thumb Building Condominiums
City of Aspen, State of Colorado
according to the recorded
plat thereof.
De,bk
Cr*dtt
1. Selling Price
2. Deposit, aid to
3. Trust Deed payable to
280,000
00
10,000
54,000
00
4. Trust Deed payable to
172,000
00
6. Trust Deed payofT to
6. Interest on Loan Assumed (�Itaer Insurance)
7. Title Ins. Premium
80100
8. Abstracting: Before Sale
9. After Sale
10. Title Exam. b
11. Recording: Warranty Deed
12. Trust Deed
13. Release
14. Other
30
00
15. Documentary Fee
28
00
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s)
282
75
18. Taxes for Current Year
19. Tax Reserve
20. Special Taxes
21. Personal Property Taxes
22. Hazard Ins. Prem. assumed - Policy No. Co.
Yr. Term Expires
Premium Days Unused at operday
23. Premium for New Insurance
24. Hazard Ins. Reserve
25. FHA Mort a e Ins. Assumed
-
26. FHA Mortgage Ins. Reserve
27. Loan Service Fee (Buyer)
28.. Loan Discount Fee (Seller)
29. Interest on New Loan
30. Survey and/or Credit Re ort
31. Appraisal Fee
32. Water and /or Sewer
33. Rents
34. Securit De sits
35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee
39. Closing Fee
SO
LO
Sub -Totals
281,583100
1 236,591
41
Balance due to/from Seller
Balance due to/from Buyer
rrnTA r A
281 538
00
281,5881
49
The above figures do not include sales or use taxes on personal property
i
1
Purchaser/Seller
APPROVED and ACCEPTED
Broker
Purchaser/Seller
0
No. $.564-7-71. STATEMSNr of SE`M.FMFM Bradford AubllaAln f. 5A25 W. 64A A.e.. Lakewood. CO W214 - (0J) 2)J-6900 12-1
• - •
Recorded at o'clock m.,
Reception No.
STATE OF COLORADO )
) ss. WARRANTY DEED
COUNTY OF PITKIN )
Recorder.
THIS INDENTURE, Made this 29th day of November, in the year of our Lord
one thousand nine hundred and eighty-five, Between Mountain Enter-
prises-80B, a joint venture comprised of Mountain Enterprises, Inc., a
Colorado Corporation and Trend Venture Corporation an Oklahoma Corpor-
ation, of the County of Pitkin and State of Colorado, formerly known as
Trenson, Inc., of the first part, and T. Michael Kantzer, whose legal
address is: 6501 Vista Del Mar, Playa Del Ray, California, 90293, of
the second part:
WITNESSETH, That the said party of the first part, for and in
consideration of Two Hundred Eighty Thousand and no/100 Dollars
($280,000.00), to be paid by the said party of the second part unto
party of the first part, the receipt whereof is hereby confessed and
acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm, unto the said
party of the second part, his heirs and assigns forever, all the fol-
lowing described lot(s) of land, situate, lying and being in the Town
of Aspen, County of Pitkin, and State of Colorado, known and described
as follows, to -wit:
Unit A-101 and Unit A-303, THE TON! THUMB BUILDING CONDOMINIUMS,
according to the recorded plat thereof, and Condominium
Declaration recorded April 15, 1982 in Book 425 at Page 202 of
Pitkin County Records, City of Aspen, County of Pitkin, and State
of Colorado.
TOGETHER with all and singular the tenements, hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues and
profits thereof, and all the estate, right, title, interest, claim and
equity, of, in and to the above bargained premises, with the heredita-
ments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and describ-
ed with the appurtenances, unto the said parties of the second part,
their heirs and assigns forever. And the said party of the first part,
for itself, its heirs, executors, and administrators, does oovenant,
grant, bargain, and agree to and with the said parties of the second
part, their heirs and assigns, that at the time of the ensealing and
delivery of these presents, it is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, in fee simple, and has good right, full power
and authority to grant, bargain, sell and convey the same in manner and
form as aforesaid, and that the same are free and clear from all former
and other grants, bargaitns, sales, liens, taxes, assessments and encum-
brances of whatever kind of nature soever, less and except as follows,
to -wit:
Any and all taxes due for the year 1985 and being due and payable
in the year 1986; Unit A--101 being subject to a first Deed of Trust
payable to Security Savings Association, Texarkana Texas as recorded
in Book 472 at Page 923 and re -recorded in Book 473 at Page 591, Clerk
and Recorder Office, Pitkin County, Colorado, and any tax, assessment,
charge or lien imposed for water or sewer service, or for any other
special taxing district; Terms, conditions and restrictions as evi-
denced in Notice of Historic Designation Recorded in Book 295 at Page
515 of Clerk and Recorders Office, Pitkin County, Colorado; Terms and
Provisions of Resolution No. 6 (Series 1973) recorded April 3, 1973 in
Book 274 at Page 217, Clerk and Recorders Office, Pitkin County, Colo-
rado; Terms, conditions, provisions, and obligations contained within
Condominium Declaration for The Tom Thumb Building Condominiums record-
ed April 15, 1982 in Book 425 at Page 202, Clerk and Recorders Office,
Pitkin County, Colorado; Terms and Conditions in Statement of Exemp-
tion from Definition of Subdivision, recorded June 29, 1982 in Book 428
at Page 610, Clerk and Recorders Office Pitkin County, Colorado; Reser-
vations and exceptions as contained in the Deed(s) from the City of
Aspen providing as follows: that no title shall be hereby acquired to
any mine of gold, silver, cinnabar or copper or to any valid mining
claim or possession
0 •
held under existing laws; and provided further that the grant hereby
made is held and declared to be subject to all the conditions, limita-
tions and restrictions contained in Section 2386 of the Revised Stat-
utes of the United States, so far as the sane are applicable thereto.
Less and except specifically hereto on Unit A-303, all employee housing
dedications, restrictions, rules and regulations applicable thereto and
contained therein, within Pitkin County, Colorado, the same being of
record or otherwise; and the above bargained premises in the quiet
and Deaceable possession of the said parties of the second part, their
heirs and assigns against all and every person or persons lawfully
claiming or to claim the whole or any part therof, the said party of
the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said party of the first part has hereunto
set his hand and seal the day and year first above written.
ATTEST:
PORATE SEAL)
1' .
ATTEST:
�� �&7&
( CORPORATE SEAL)
STATE OF COLORADO
COUNTY OF PITKIN
ss.
MOUNTAIN ENTERPRISES-803
By: Mountain Enterprises, Inc.
`,7
By:
a-nes A. Bagley, s' ent
By Trend Venture Corporation
formerly known as-\Tren�soonn Inc.
By: 4�'� Z
av'iaim o r�si ent
d
The foregoing instrument was acknowledged before me this � / day
of 1985, by James A. Bagley, President of Mountain
Enterprises, Inc.
My commission expires
Witness my hand and official seal.
(SEAL)
Notary Pudic
03
Address
Telephone
STATE OF OKLAHOMA )
•) ss.
COUNTY OF OKLAHOMA )
The foregoing instrument was acknowledged before me this o2day
of 1985, by David Rainbolt, PresicTen of, Trend
Venture Corporation, formerly known as Trenson, Inc.
My commission expires �P�� 16, /g0'1,
Witness my hand and official seal.
(SEAL)
-2�
Notary Public
yU
Address '73/-7
Telephone
-2-
GROI.111.1 MIANAG`rIL T PLAN
RATINGS BY !'&Z.
The P&Z_ reviewed thr�, following project and rated each of the
design and community co;�,mercial elements as specifies: by the growth
Management Ordinance.
• PROOECT:
REVIEW DATE: T
r-
v
P&Z REVIEW
PI a *r
_ 3_ ,
1
MEMBER
�
/
r
3
2 S
2.9
OUn RA1'INtaT_-_.__��
PLANNING OFFICE RATING
7a ' ;T.414,1
THE GUMBINED RATINGS OF THE Pf>Z AVERAGES
33•
a9.
GR0HI11 (.11'.0T 1'I A I j
RA1,11i61; fly 1'&1.
The 1151 nevi eared tt,(� foi loti'ri ny project and rates} each of the
deli rtn and crjj 1ip1UrEi ty co:. rc i al as sp^cif •i ed by the Growth
1111,na.9, ,-ment Ordinance.
• RROJI %.,REVY1.11 DATE:
I
� �•T
C'
!y
�~ r
610
E.
PLANNING OFFICE R/iTlP';G
THE T,' QED (,Pj I l���, . C)F p;r- D 7 P,,%,N-&ti^rs /d . 6 Z
.,�! 17 S
A M
. GKi11lTE; faa,f'(,GI i'��.:i'; i'I:ftid
1"Al INGS BY J%z
The PR revielwcj the follo),rinci [)-InJect- and rated each of the
design and runmuni ty corijrnerc i a] � l cra::�i s as specified by the Growth
Mariagc rent Ordinance.
• PRQJ%CT:
REMI) DATE: /%z /V( G�- ."4 ell-
P,lxZ ilLV I E14 F) /
Cc
fo
N ,Y
Aq
F
• E iEi•iEiEl� i .
5.
7.
Aug
I
t'E.�'�f,�^�II,G of-; TCL RATING � i /b9 1 , ' 2�/G
_ I �I
THE Co';GINE:D (1ATIN"S of THE P 7.. AVERAGAFS
2� rc6 2/,2,
IVID
MEMORADUM
TO:
FROM:
RE:
DATE:
P & 7. and HPC
Planning Office, John Stanford
Growth Management - 1978 Correnercial Projects Review & Point
Allocation
March 1; 1.978
Three commercial projects are proposed for 1978, all of which are additions
to and renovations of existing commercial properties. Together the 1978
projects total 6639 additional square feet to the commercial core - consid-
erably less than the 24,000 square feet permitted by Ordinance 48. The in-
crease is listed by project as follows:
Tom Thumb Building 5455 sq. ft.
La Tortue 608 sq. ft.
The Hutch _ 576 sq, ft.
Total 6639 sq. ft.
The Tom Thumb project is a major renovation of that property. It includes
complete refurbishing of the tt,ro buildings that front on the Hyman Street
Mall and demolition of the smaller structures to the rear of the lot to be
replaced by a new commercial structure with housing. The applicant has
submitted a complete application presented in brochuer form.
The remaining two projects are considerably more modest in scale. The
coninrercial tenants on the properties are the applicants, and they have de-
veloped their individual proposals without the professional expertise of
planners, architects or lawyers. Therefore, their presentations are con-
siderably 'less-s refined and ambitious than that of the Tom Thumb proposal.
(Modest presentations should not be downgraded as long as their applications
are complete.)
The recommended point allocation of the Planning Office is as follows:
Project
HPC
P & Z
NET '
BONUS
TOTAL
=, Thumb
13.6
16.6
30.2
1.5
31.7
La l orLu.:
9 :1
9.3
18.4
0
18.4
The Hutch
8.5
10.9
•20.4
0
20.4
The code requires that each project acquire at least 60110 of the.total avail-
able points. Sixty percent of the available 36 points (exclusive of bonus
points) is 21.6 points. La Tortue and The Hutch do net qualify to be con-
sidered for a 1978 building permit. It is r•econiniended however, that the
scores for all three projects be forwarded to City Council 1ti1;10 can choose
to exempt the low scoring project by special ordinance since the total 1978
proposed square footage is only about a quarter of the annual increase per-
mitted by the code. ,
Due to the small increase in proposed comnrorcial square footage the Planning
Office has processed referrals in a less formal and time consuming manner by
revier;,ing the projects with each affected agency. Essentially, Uiv. increase
of 6639 square feet. within the commercial corn rill not create any signifi-
cant ir►pacts on uti l i ti CS , Streets, traffic: and parking, public transporta-
tion, drainage or l�,1nduse.
The Planning Office recommended points are attached.
(;I'0,1111 It/tl;!,(;111!11 VIIJ 1111d 111;! I Oi"S - 1' �t. i11�i , n( n i� c L', +,�1 flit,
th(r '
_
col'l:il+'1 ( 1 o 1 oll!.• "on I (t I -`� Lr I (. L': "ha 1 I h(. i 't" 1'1111-d 1 I[,,, ;1(,(.( 1d i 1l!J to
the loll(n•1i1l!1 iol-111u1,1: { ��
U IndicaLes a totally incompiitiile d(!, i!ln t'"t
1 - Indicatu% a winr clesign flow Olich cre;Ae� it major
conflict with hib% ,,• structures in W historic
di stri t I: or tri th t.ho uclmi. (•Ilv-i r()nuierrt •i it the other
areas o9t: s•i de the historic d W r i ct:
2 - Indicates an acceptable (hut standard) ( ;ign
3 - OWN- art acccp LiA! 1 e design
The fol l ot•li,tg design el event s shall be rated accordi noly:
i•9assing - (maxirmtilr 3 ,joints) consideriny1 th^ massing, type of
roof, and Werall compatihiliiy r•r-it:la the Idst:oric
scale represented in the vicinity of the rn-oject.
Exterior Duildinq Haterials - (maximum 3 points) considoring the
application' of historic bu-ildin,, r:l t riai:; ;and their
use on all facades of the structure, avoidance of
garish, reflective or other d'Isru13ti'Je i?laL�'t'ial
Architectural Detail - (maxamu:,,i 3 points•) consideri►-i�! overall
visual ii'pression (liven by untra.tion and Uw use of
building detail near windows, doors, cornets, roof
lines and (it floor level.
Color I (maximum v points) considering the colap�iti bi l i ty of col ors
and the variation in color when necessary to r,iaintain
historic scale.
Architecture - (maximum 3 points) considering the use of compatible
contemporary design as opposed to the imiitot-ion of
historic «rchi tectural features.
RATE the above five (5) design elements below. Please comment on the
strong and/or weak factors affecting each of your ratings.
Project tame.
r �
Design Element:
a) MASSING / .c! . ` . Rating (:�,,.7
7- -
Col'imL-'nt:•• _..� ..'�.�. _ -L .4 .� � L•�. � ='�a:( :11:�.� �f.l��5�a- ..li-• � ... �—' ------
(,t1II.111i;;; F;1T! I;IAL Rat ing
M
/ �••��- .
CUllllll('.rlL• �!_L/ `� _�w�i!(%^(� /J" t :rr L,�C �J.� �/. /f•` (f.-� rliy�/
in - z4 el;l'-/
f/ lyl lC,° '!'l�►'tE V �.[a /c�[(.[.i:y/// 2iy {fit /:.�.{.l i /- !.7 ✓. .") :i1 c'��J
COLOR Rati I., q
Comment: �_,.f J✓.- �% LY- .i tom!' /1 /� / / 1 /- t.- / 1 �- -- J/. l: t
�I//fit •y / / � /' /!'' / %/ / / i /
G'i� 11�,;r, "/_,i� ,` V� / �� ; ��7'! �.i'/\•!(t r/ `�ii/ i � .�6;,1 JL/
�� '�?• i1_'v�''i 1 /�(..��J,,.:i' �.L--.�_"`.�� •/`/ �'/r --`--- •-- �/ �'_ Ii:'(?-Y'!t�!-[ ram._ C � �
TOTAL Rating
T.lanle of person submitting the above ra.t•i ng
r
1'.1,1111-11.ioll (.I,(
t In - 111-o
d idi I be a%, -I iow. (I. I If% ;I C('o rd i I I!) Im tllf.� I o I fo)-.111 I 11 a
0 - 111dic;II.c'. a toUCHY de"i(jil
2 Jndicatc!, all accf.-ptable (but -talld;,trd) i 5 r-I
nolct tcs an ac(xj d(:s
Rate the fo*I'1o,,,Jng fc,-.I:urw.
a Arc h i 1, ec t orij.] dr-, ri -- C on 1 (1(: 1- i nil tI I e cw!ipa t i 1) i I i Ly of ill I e pro )o., d
bu i 1 d i tyj ( i I-, tr., (if size, ze I-w i fit c-Ci. t i (,n rnd building 111'a
Jals) with existing ric-iq,hbor-in,I d(.-velop-T.ntsl.
R a t i ng
Co:nment
b) Site design :cons-idering fhe q, ;,jalitv and characl"er of the proposed
landscaping and open Space are&s, thek - I eXtCl-11- Of Ul1dr'I-'Ii-0LI:1di!1g Of
Ll t i I 'i t i C_' S , a. n d t I i e a I- i-- a n y erilr-, n t 6 1 i i,lp re v eT,-i en -I-, s f o I- e f fi c i - n cy of
C1rCU10''1'0111 (-iI'1C1LLCI-iI1g access for service v(.-,hic1es) c-ind inc)-eased
safety C11-11d privacy.
Rating
Comment
c Energy misideril-iq the L ke of iI1SLJ1,1ti0'11, SO ar enerqy devices
and efficimit fireplaces to maximize consery tion of energy nergy and
use of solar energy sources.
Rating;
Comment:
d) h;ionil ics - cmisiOcHng the pi-ovision oif- Ill',-1111C, 01)(111 St"ICLI illId
prdosit"It-m t-It"d !-IcYclo . wo.v".
Ra t i nq
Co-:rlo 1) 1
Ii
c. ) V i'm.l I 411111f.l. wl" j df-r ill(I [11- !'uillf. Olid , I w., L 1, i I I f hl I i 'I d i
im v I (if ,m t "(.t'lliu 9 W, .
Col;cfl(.,rl 1.
J/ V
Growf.h M.'W1 mon 1. Ni-Iiial ir;n Fr)
Project!; within the CC zind C-1 shall be r)oints according to
the fol lovi'iiiql fon!iul;j:
I I i
0 - J"(Hcat(2')- a, pl^o,i.(-,ct tctallj� lac:'2!iq in any
how,iiic or lis,es direCAed to stilyl.,,-ing
rcs-ldeclts
-- Indicat-u.-, a project with its rl.ain cnitphasis
011 tourist services vrith - little or
no on -site ng
2 Indicatc- a project 110usil,c) and uses
that will he relied, on lb�' both the 'Courist
and rc,6idc,n-L-i0 pc) '1UlZitJC)11S
3 - 1l1diCE,tCS il DrOject which is dc,1-Jgne.,d alrloo't
exclu�ivclly to sat-is-fy the needs of the co:-,I--
munitys res-iftntial population v.,-ith only
illCidClItc-1 tourist use and no tourist hOL!Si11q
Rate the. follov:'Ing fCLI-L'_Ures accordingly:
a) Ermployc.c HOUSinci .- considering the extc.-ni, to which the project
supplies housing for generated by the proposed con-r-,"r -i 1
uses
Rating
comnnent:
9 ZL
b and (lthor Service Need.,; considering the c,.x.Olyt. to jNrilich
VIC j)P0JCC'L SU[)j)!'i1,`, inedical , dental and similar professional
office Sj)O_1 CT; ZICN tell as 1j);)liiWCe SLlj)j)liCS c11111
I m. Iscs d C, S i m'.':� I
hZirdmire, drug store, Mj( Si ilar L
and intended to servo the I'ClUtill(I trade alld Service Heads of flic
cmimulli I.Y. a
C
Comment:
• 17.
III: f 110I111`..
•
I11'C
AV(.I;/t(;I: I?ll�f l f l�;
J�
INDIVIDUALf'�'//.
11111L'I:it
w"l111E
I&T RATING
61
�
13.
1�011IJ 1'�)I1;1
(rjol.
to c:i�.': . '
70� of the Edwo
rlr.t rr:l; i rr
�) 1,rov i rlyd
the pro 'c: c i,
urer i t:y
r (-'C orJn,i t
i �,,, ct,r; to i t ( ou t.;, tunc! i ►,n
riu(; 1 i i.y
NET PIVI I f IG
c� (J•
G0I'll JS Rrt•I .I f I
'
111t'•1E OF 1)ERS0:1 -SIJ3'lITIIG THE ADOV.E f;;,,TF1G:.
/ E
Lk, 10 L, , rk u_A_ - f Ik-, I I I V- L/j k k'-kk_
I W ".1 P, 1. i
I iii I I i,"" i yw( I I it 1", ou,(wd i 119 to
0 it Lotolly hlc-ol:11,ilL-i1,1h
I I( I i ciii 1.(, i, it w j f ly. (If - ". i rlif 1 *1 i; w wh ; (:If c r, (-;I i, I. -, -, r- ,
of 1 1, 1 i c I. tri ',.If hi,Aorir. !Jrm Im-w, -ill thr, Iri-,1 r.) r - -i c:
di!Aricl ' ov wilh Hw w,hui (-nviroiwir-nt alicr,
1.11(. hi.,Joric di,Jricl,
2 - iin ble bul.
3 - dc's-i(Ill
The follouinij ulei:ic�nts Sh;!'Il be ratcd i.ccordiwily:
i I It CCjrjS t I, 1,j � .,s I0
roof, and w,*--riAl the hitur-ic
Scale rep I-C-S (.-n ted, illL I I e v i c: i n -i 1-1y o 'I t 11 e C) j (! C: 4.
Ex te I, i o r Du i I d i 1-1(1 H;j t ur, I �t I s - (1.9-1, x -i 3 -i n t s ) cc) n,, i ii n-1 the
a P p I i C �, L 'i on' o f I i i S tor -i c bu i ldi i i ;:,;.t t e. r i a 1 S i; il," r
use On all fz:cades of thc- strud-ure, avoidla)iu, olf-
gbrish, re-I'lective or disrubtive
Architectural fktaij j)c)ijjts') collsi
der-1 T I OV '2 1'b
visual (jiven ijy floiwst,(ation and 1h,'_` U'z'' Of
buildim". detail Ilea r 't-:-hndu.-Is , doors, corners, roof
lines and at floor level.
C0101- (1111OXiVIUM 3 point.-) consid-:?Hng the of col -S
and the variation in color i,ihen rir-c'essary to elui rltai n
historic scale.
Architecture - (maxil-ua 3 points) cons idcring the Use Of co:!.,,;);,',, -i 1) -1 e
coriteri,,poi,ary dr,-Slyn c-s oriposcd to the iml-itat"Icri of
historic architeCtUrOtl featu'res.
*f RATE the i I )nve five (5) lesion ele;-mnts Pleasc cof�,-Iient on
Strong and/or weak factors affecting each Of your ratings.
Project Nainc:
Da te
Design Element:
Rati i.
71
I- x Iz 1 oi,%,ii',ii Ra t i fir]
Cum;l."11
I
' c.) /.l'(ail�(i�r:'it�;•r..;. IIL I!'�I ;� R;Il:itl�) �,(_��
w
' �OI11111�'ll(:• _.� _1 ��.�•,.-..�'��.f.�.�+!'�r.•!'.'Ii�(,,/.�..:ii.f.�F-r�. �i�/.__---...__---__-
d) C0LOR Rati riq
e) ARClllTECTURL Rati rig
\ Canner t : �� _'._-.� •.�_. "'� �-_,/ 1��/ _ C.; j •_:.•<C.l•� t`t._- � i /` } i "
//"I,/ Z
TOTS,! Rat i n(q �a
t�ar•�e of person sub:,�i tf:i rlg the above rating
t`�- � t'uU.(.•-- -' I�' .� �(� ��(r'�u� v j;G►`�`'`' �f�`'t'�t�,u,cu,�-1,Gr►'�
.10. Irir� f',r'(r:l► ll ll 111 'rlr i, rh1,11 l � :r Ii� II('', Irirl ► \' 1 II,I �.Ifi1�. I ,i (1 ('(.l'� Z
• ail Llllil ►.Ilr' L(IIn��,r•1 r.� (,(�(• (i,(,) illlrl Lrr,��ni"i (.Irl I (Ilti' )) %1111i11r1 t j/
districts nhall lw Obbign(•(I i•t,irl s arnwi'ilinr) to LIII' fu1lwing l ninula:
0 -• )II(Iic;1I.w, it tul.olly 'iilcwliwi ii,ln (I(.;"if)II
1 - ) ite:, a ma j ol. do-,Ji In f l ily,
2 - Indicates an acceptable (but f,tiindord) d(:s•ign
Rate the iofloviijyj fra,tures itccor(i-inr;ly:
a) Ar ch i tcc'ulra l (ias i gn - con° i dFri ng thq compatibility of the proposed
bul Idinj (ill twimn of size, hair►lit, location and building I!I%Iter-
lals) with existing nair11 boring duvelof1;1I('nts.
Rati riO ,
• ,i
b) Si LF' design - Considering the quality and character" of the proposed
landscaping a.nd open space areas, the extent. of undergrounding of
utilities, and the arran(:QI,ant Of 1C;pi'(Jv(ments for Yiiciengy 0-i
circulation (including access for service vehicles) and increased
safety and privacy.
Rating
Comment: �(�/J�,�, � /� %.'�_l'/-_f! ''� �!!'�j�. �'.C/_��1 �•C�•i C'/�_C.CCc` ``-'
'!
c) Cnergy crns i deri ng the use of insulation, solar energy devices
and efficient fireplaces to maximize conservation of energy and
use of solar energy sources.
Ra•t i n;; �, _�J
d) , wn•itivs - considering the provision of usablo ojwn space find
pc,-dostriiln ol"d hi(:yclo
I
I•I'1,i11twid
to lil•ti.ill!
1(rt:.It II (if I'Ilildin'J•o
i, IrUI
vlr,;/:,
C,)-w,l 111 i i.- ('��; -1 I :r I r • ,r'�c�r•ci(I l .. �, i•'•�. 1 .,,, L•i cn Inc r,I
f roj(•cts within tht! CC and C-1 shOl he poi (its acc or-d i ng to
the fol 1 orri ng formul i) :.
0 - Indicates a project totally Iac1,1n*g - in any
housing or u. r, : (1i r•c ctecl t:Q sui)JAyi ng r.-eds
of local reslck-lits
1 - Ind'icat:es a project 1•,ith its (rain ei-,pha'sis
on supply•i 1-1(1 toui•-i st servi ccs v,-i th 1'i ttl e or
I'la QIi--SitC 11CiuSin(II
2 Indicates a project: a;ith hc;us•inQ LArld uses
that i 1 'I be rc:l i ed on by both t:he toui-i st
and resi dont.i al prJJlul at i OliS
3 - Illdi c4i:cs a nroject which is designed al►'io t
excl uc.i vely tO satisfy the needs of echo cor.i-
munity's resi6c.ntial pcpulatiOn 1';-it11 only
incidental tourist use and no tourist housing
being anti c-i puted .
R'itte the folloi;'-ing fctiturOS accordingly:
a) Clliplo�*cc, HOUSinq - considerincg the extent to v,,hich the project.
su(�pltc� hc�usinc; for eni;�loyees generated by th:! uroposeci cO:i:ir.�rcial
uses,
Rat ng
Coint'.1EI1 t :
• b) 1,16cl•ical and Other Service Needs - considorinq the ext.(.nt. to O)ic.h
the project: supplies mod ic;ll, den t,,I and siIlliI'lr prof CS. siona1
Office space; its well as bL-mkinq, appliance stipplios ailcl repair,
grocery, h� l'(i',;'ui'(', CIi Ug, Store, laulldl•v, i nd similOW 11-C� giletl
and intended to SOWN the I-OutA110 tl-;Idr and sorvice heeds of tht`
com"'1uni ty. . '
i�.lt�1t►_J ..�_•_I
f
IIIT AVI I1011' Illd )iIG
c
)IIIIIVII��f/'.I. 1'%•7 I;(ai!sl
l'. I'.JII INC
13.
BONUS POINTS (ntr►. to
of t1w
vc ncl ril i.-i nrl) - provided --- ---- ----------
_
,,.. r
14.
T01AL I'UIIITS
JILT RATING
B01;US' RAT l !!G
TOTAL POINTS
S
Ir'A11C
OF PERSON SUiIT1-I;<S THE
ABOVE RATING:
DA H
VV
9. 11PC CROUTi►_ M/t►fn_GIMI-►1T
I'M UAT1011 MIN - Ratings of
--
-,tr'•ict.s
n projects witfi
then
c�rrn(rcial une ion'di!
shall bu ay.signed
its according.to
the following forni►10,
0 - Indidates a
totally incompratible design
� L�-
1 - Indicates a
major design flaw which creates a major
conflict with
historic strucl.ures in the
historic
di stri cI. or
wi th the urban envi ronment in
the other
-- -
areas outside
the historic district
2 - Indicates an acceptable (but standard) design
3 - Indicates an acceptable design
The following design elements shall be rated accordingly:
massing - (maximum 3 points) considering the massing, type of
roof, and overall compatibility with.•the historic
scale represented in the vicinity of the project.
Exterior Building laterials - (maximum 3 points) considering the
application of historic building materials and their
use on all facades of the structure, avoidance of
garish, reflective or other disruptive materials.
Architectural Detail - (maximum 3 points) considering overall
visual impression given by fenestration and the use of
building detail near windows, doors, corners, roof
lines and at floor level.
Color = (maximum 3 points) considering the compati bi l i ty_ of colors
and the'variation in color when necessary to maintain
historic scale.
Architecture - (maximum 3 points) considering the use of compatible
contemporary design as opposed to the imitation of
historic architectural features.
RATE the ahove five (5) design elements below. Please comment on the
strong and/or �•reak factors affecting each of your ratings.
Pro.iect flame: r.i
Date:
Design Element:
a) MSSING ���
Comment:
Rating
/� J
b) EXTERIOR BUILDING MATERIAL
Rating
- 2 -
C� AI,Cil l i.0 i lll,ltl.. DETAIL , J
d) COLOR
Comment:
Rating_%
e) ARCHITECTURE
Ratings
r
Comment: -"",
,�, - f f �: ` �� - ;�r"r. ,:. •
t c? .i�r.' .�.
77,
•
r�.:
TOTAL Rating , `7
' (dame of person
submitting the above rating
V
«.
o Dw, i (JI I. I Vil.1 il"I ti (MA - PVoJ(!CLs
10 11W j ow(,, ri 01 - -f — it;/ , -- - ' --I* '011rl�' *(G-T) zollinq
. ((,(,) and -, ( I ;
W1,011-11 the olll1ll(!I-(. I ill Col'.. ( immoru'; )
districts shall k., assigned points bccordi-rig to the folj()vjjjl(j formula:
0 Indicates a totally ij-IcO;ljp�,,1Jblt, design
1 Indicates a major desirIn flaw
2 Indicates an acceptable (bul, standard) design
3 - Indicates an acceptable design
Rate the followin(I features accordingly:
a) Architectural design - considering the c'ov.lpatil)ility of the proposed
building s of size, height, location and building mater-
. (ill tel-11 j
ials) with existing neighboring developments..
Rating
Co mmment 11-
b ) Site design - considering the quality and character of the proposed
landscaping and open space areas; the extent of undergroundilig of
utilities, and' the arranyetent of improvements for efficiency of
service vehicles) and increased
(including access for
safety and privacy.
Comment:
:A A
i
Ra ti ng
c) Energy - considering the use of insulation, solar energy devices
and efficient fire-Places
places to maximize conservation of energy and
use of solar energy sources.
R -iti liq
Comment: e,
d) Amenities collsideri,19 the provision of usable open space and
pedestrian and bicycle Ways.
Comment:
- A, _
e) Visuirl ]mpact orr,iderinq the scalo and locilin of buildin{j;
to inaxindze pu) 7c view:, of ,.urrowndinri scenic area,),
Conrrren t :
_ t�, .� Rating
. e%�* '1%,y.�_'tf �G� `J^ra47�.sr.� -'�/ C' � f,.. 4.,,.•✓' d'S ,e , ,;st!
a
11. PU Growth Manaqe,nent Conniunil;y Commercial Uses Evaluation Form
Projects within the CC and C-1 shall be assigned points according to
the following formula:.
0 - Indicates a project totally lacking 'in any
housing or uses directed to supplying needs
of local residents
Indicates a project with its main emphasis
on supplying tourist services with little or
no on -site housing
2 - Indicates a project %vith housing and uses
that will be relied on by both the tourist
and residential populations
3 - Indicates a project which is designed almost
exclusively to satisfy the needs of the com-
munity's residential population with only
incidental tourist use and no tourist housing
being anticipated.
Rate the following features accordingly:
., .
a) Employee Housing - considering the extent to i-rhich the project
supplies housing for employees generated by the proposed commercial
uses.
Rating
Comment. /i`� ��; r/,. ' •,, �.: `:>:_.r;:/
b) Medical and Other Service Needs - considering the extent to which
the project supplies medical, dental and similar professional
office space; as well as banking, appliance supplies and repair,
grocery, hardware, drug store, laundry, and similar uses designed
and intended to serve the routine trad+" and service needs of the
community.
COPMent: ) '
Rat ng
a
- 5 -
• "12. NET PO11[T5
IIPC AVERAGE RATI i[G
INDIVIDUAL V?4Z NEMBER RATING.
14ET RATING .<; J �
_
13. ['0111JS P0JNl S (not to exceed 20% of the shove net rating) provided
the project merits recognition due .to its outstanding quality.
BONUS POINT
14. TOTAL POINTS
NET RATING
BOLUS RATING
TOTAL PO1 IdTS • '�I`
NA E OF PERSON SUBMITUNIG THE ABOVE RATING:
DATE �)
.. .
-6
9. HPC GROWTH MANAGEMENT EVALUATION FORM - Ratings of projects within the
commercial one zoning districts shall be assigned points according to
the following formula:
0 - Indicates a totally incompatible design
1 - Indicates a major design flaw which creates a major
conflict with historic structures in the historic
district or with the urban environment in the other
areas outside the historic district
2 - Indicates an acceptable (but standard) design
3 - Indicates an acceptable design
The following design elements shall be rated accordingly:
Massing - (maximum 3 points) considering the massing, type of
roof, and overall compatibility with the historic
scale represented in the vicinity of the project.
Exterior Building Materials - (maximum 3 points) considering the
application of historic building materials and their
use on all facades of the structure, avoidance of
garish, reflective or other disruptive materials.
Architectural Detail - (maximum 3 points) considering overall
visual impression given by fenestration and the use of
building detail near windows, doors, corners, roof
lines and at floor level.
Color - (maximum 3 points) considering the compatibility of colors
and the variation in color when necessary to maintain
historic scale.
Architecture - (maximum 3 points) considering the use of compatible
contemporary design as opposed to the imitation of
historic architectural features.
RATE the above five (5) design elements below. Please comment on the
strong and/or weak factors affecting each of your ratings.
Project Name:` ---__--_----_____--
Date: ,
Design Element:
u; 1! .SSING 14
Rating _
b) EXTERIOR BUILDING MATERIAL Rating
Comment:
5
- 2 -
^
` �N��
��
C\ 8KC||]TLClN{8L |)L180L
Comm/ent
-'--''----
----------------�7----'
d) COLOR
[On02nt:
Rating
'----' '-----
Rating
e\ ARCHITECTURE Rating
Comment:*
�
'
`
TOTAL Rating
-
Name Of person submitting the above rating
- 3 -
1.
2.
3.
4.
5.
6.
7.
GROWTH MANAGEMENT PLAN
RATINGS BY HPC
The H.P.C. reviewed the following project and rated each of the
design and community commercial elements as specified by the Growth
Management Ordinance.
PROJECT: --
REVIEW DATE:--------
HPC REVIEW
�O�O� 0.��~ J ,O�P�~• Q'.
HPC
MEMBER
%
_—
GROUP RATING
.,
PLANNING OFFICE RATING
--I
H- ---I
THE COMBINED RATINGS OF THE HPC AVERAGES
r.J
10. P&Z Growth ManacLement Qualit of Design Evaluation Form - Projects
wiitTiin the Commercial Core CC and Commercial One C-1) zoning
districts shall be assigned points according to the following formula:
0 - Indicates a totally incompatible. design
1 - Indicates a major design flaw
2 - Indicates an acceptable (but standard) design
3 _ Indicate; an acceptable design
Rate the following features accordingly:
a) Architectural design - considering the compatibility of the proposed
building (in terms of size, height, location and building mater-
ials) with existing neighboring developments.
Rating
N ^
Comment: __.
b) Site design -*considering the quality and character of the proposed
landscaping and open space areas, the extent of undergrounding of
utilities, and the arrangement of improvements for efficiency of
circulation (including access for service vehicles) and increased
safety and privacy.
Rating
Comment:
c) Energy - considering the use of insulation, solar energy devices
and efficient fireplaces to maximize conservation of energy and
use of solar energy sources.
Rati ng T2 .. d
Comment:
d) Amenities - considering the provision of usable open space and
pedestrian and bicycle ways.
Comment:
Rating
J U. 7
_ n _
e) Visual Impact - considering the scale and location of buildings
to maximize public views of surrounding scenic areas.
Rating �
Comment:
11. P&Z Growth Management Community Commercial Uses Evaluation Form
Projects within the CC and C-1 shall be assigned points according to
the following formula:
0 - Indicates a project totally lacking in any
housing or uses directed to supplying needs
of local residents
1 - Indicates a project with its main emphasis
on supplying tourist services with little or
no on -site housing
2 - Indicates a project with housing and uses
that will be relied on by both the tourist
and residential populations
3 - Indicates a project which is designed almost
exclusively to satisfy the needs of the com-
munity's residential population with only
incidental tourist use and no tourist housing
being anticipated.
Rate the following features accordingly:
a) Employee Housing - considering the extent to which the project
supplies housing for employees generated by the proposed commercial
uses.
Rating
Comment:
b) Medical and Other Service Needs - considering the extent to which
the project supplies medical, dental and similar professional
office space; as well -`as banking, appliance supplies and repair,
grocery, hardware, drug store, laundry, and similar uses designed -
and intended to serve the routine trade and service needs of the
community.
Rating __LT
Comment:
0
12. NET POINTS
HPC AVERAGE RATING
INDIVIDUAL P&L MEMBER RATING��
NET RATING'
13. BONUS POINTS (not to exceed 2.0% of the above net rating) provided
the project merits recognition due to its outstanding quality.
BONUS POINT
14. TOTAL POINTS
NET RATING
BONUS RATING
TOTAL POINTS
NAME OF PERSON SUBMITTING THE ABOVE RATING:
- 6 -
DATE //,C,- Ive
MUNI tll),PA(;[.*IifJt'T I,LAJ�
PA.] INGS by
The PP!7 reviuvxr] the following project and ratel each of the
(Icsign and ulmmunity co:-!i;ie)-c-jaj (. - pr ler,'ients as Is -cified by th-o Gruvith
frlawlg(,,m(!nt Ordinance.
• PROJECT:
P"EvUll, DATE:
P9.1
M, EjliB Lo R
4.
7.
GIROUII RATTI'!�',
Al
ILI
145 "I ry
"Y
COtij
._ I L '� Z► d' Z 4 I Z� Z ��i 5 - �6� 3
got
3rq, 7
3 �_� 2� 3 �� �Z ' Z _ 3, �o / T,0 3�1�0
000 Zoe? Xgp 11-4 /7j 944
73 qz
1 PLANNING.11
01--FICE RATII,,!rj il k �i —
THE CO."IBMED �,ATIN'GS OF THE PLU AVEI,'Ikt-:,FS
~F . ��
3. HPC GROWTH MANAGEMENT EVALUATION FORM - Ratings of projec s within the
commercial one zoning districts shall be assigned points according to
the following formula:
0 - Indicates a totally incompatible design
1 - Indicates a major design flaw which creates a major
conflict with historic structures in the historic
district or with the urban environment in the other
areas outside the historic district
2 - Indicates an acceptable (but standard) design
3 - Indicates an acceptable design
The following design elements shall be rated accordingly:
Mussing - (maximum 3 points) considering the massing, type of
roof, and overall compatibility with the historic
scale represented in the vicinity of the project.
Exterior Building Materials - (maximum 3 points) considering the
application of historic building materials and their
use on all facades of the structure, avoidance of
garish, reflective or other disruptive materials.
Architectural Detail - (maximum 3 points) considering overall
visual impression given by fenestration and the use of
building detail near windows, doors, corners, roof
lines and at floor level.
Color - (maximum 3 points) considering the compatibility of colors
and the variation in color when necessary to maintain
historic scale.
Architecture - (maximum 3 points) considering the use of compatible
contemporary design as opposed to the imitation of
historic architectural features.
RATE the above five (5) design elements below. Please comment on the
strong and/or weak factors affecting each of your ratings.
Project Name:
Date:
Element:
a) MASSING
Comment:
b) EXTERIOR BUILDING MATERIAL
Comment:
i M
Rating
Rat i l?"
•
c) ARCHITECTURAL DETAIL
Comment:
d) COLOR
e) ARCHITECTURE
Comment:'
Rating
Rating
Rating 75�_
TOTAL Rating
Name of person submitting the above rating
- 3 -
9 .
1.
2.
3.
4.
6.
7.
GROWTH MANAGEMENT PLAN
RATINGS BY HPC
The H.P.C. reviewed the following project and rated each of the
design and community commercial elements as specified by the Growth
Management Ordinance.
PROJECT:
REVIEW DATE:
HPC REVIEW
CAP �
\,% 41
HPC
MEMBER
GROUP RATING
PLANNING OFFICE RATING
THE COMBINED RATINGS OF THE HPC AVERAGES
10. P&Z Growth Management __ Quality__of Design Evaluation Form - Projects
• wi thi e the Con►merc� al Core CC�andiComn�ercial One C-1 ) zoning
--� ---
districts shall be assigned points according to the following formula:
0 - Indicates a totally incompatible. design
1 - Indicates a major design flaw
2 - Indicates an acceptable (but standard) design
3 - Indicates an acceptable design
Rate the following features accordingly:
a) Architectural design - considering the compatibility of the proposed
building (in terms of size, height, location and building mater-
ials) with existing neighboring developments.
Rating ',�r_
Comment:
b) Site design - considering the duality and character of the proposed
landscaping and open space areas, the extent of undergrounding of
utilities, and the arrangement of improvements for efficiency of
circulation (including access for service vehicles) and increased
safety and privacy.
Rating ._
Comment:
c) Energy - considerinq the use of insulation, solar energy devices
and efficient fireplaces to maximize conservation of energy and
use of solar energy sources.
Rati ng c?
Comment:
d) Amenities - considering the provision of usable open space and
pedestrian and bicycle ways.
Comment:
Rating 3
_ n -
e) Visual Impact - considering the scale and location of buildings
Lo maximize public views of surrounding scenic areas.
Rating :_
Comment:
11. P&Z Growth Management Community Commercial Uses Evaluation Form
Projects within the CC and C-1 shall be assigned points according to
the following formula:
0 - Indicates a project totally lacking in any
housing or uses directed to supplying needs
of local residents
1 - Indicates a project with its main emphasis
on supplying tourist services with little or
no on -site housing
2 - Indicates a project with housing and uses
that will be relied on by both the tourist
and residential populations
3 - Indicates a project which is designed almost
exclusively to satisfy the needs of the com-
munity's residential population with only
incidental tourist use and no tourist housing
being anticipated.
Rate the following features accordingly:
a) Employee Housing - considering the extent to which the project
supplies housing for employees generated by the proposed commercial
uses.
Rating
Comment:
b) medical and Other Service Needs - considering the extent to which
the project supplies medical, dental and similar professional
office space; as well as banking, appliance supplies and repair,
grocery, hardware, drug store, laundry, and similar uses designed
and intended to serve the routine trade and service needs of the
community.
Comment:
- 5 -
Rating
12. NET POINTS
HPC AVERAGE RATING JZ`_Y
INDIVIDUAL P&Z MEMBER RATING
NET RATINa 1 Z
3ef - Z
6 '
13. BONUS POINTS (not to exceed 20%_of the above net rating) provided
the project merits recognition due to its outstanding quality.
BONUS POINT 6� S
14. TOTAL POINTS
PIET RATING
BONUS RATING
TOTAL POINTS
NAME OF PERSON SUBMITTING THE ABOVE RATING:
DATE g
- 6 -
1.
2.
3.
4.
5.
6.
7.
GROWTH MANAGEMENT PLAN
RATINGS BY P&Z
The P&Z reviewed the following project and rated each of the
design and community commercial elements as specified by the Growth
Management Ordinance.
PROJECT:
REVIEW DATE:
P&Z REVIEW
P&Z
MEMBER
GROUP RATING
PLANNING OFFICE RATING
PLANNING OFFICE TOTAL
�4w
ti
CO U v
TOTAL INDIVIDUAL RATINGS
AVERAT OF ALL P&Z RATINGS
wi in i��nt. �uaFl3 itYr nfvt�(orm_ ) - Projects P&Z Growth Ma,i'�DsiC�� l,zoning�C(.) and omocrrial One G-1f�tTiCmmercia'or
districts shall be assigned points according to the following formula:
0 - Indicates a totally incompatible design
1 - Indicates a major design flaw
2 - Indicates an acceptable (but standard) design
3 - Indicates an acceptable deign .
Rate -the following features accordingly:
a) Architectural design - con'sidering the compatibility of the proposed
building (in terms of size, height, location and building mater-
ials) with existing neighboring developments.
Rating
Comment:
b) Site design - considering the quality and character of the proposed `
landscaping and open space areas, the extent of undergrounding of
utilities, and the arrangement of improvements for efficiency of
circulation (including access for service vehicles) and increased
safety and privacy.
Rating
Continent:
c) Energy - considering the use of insulation, solar energy devices
and efficient fireplaces to maximize conservation of energy and
use of solar energy sources. �J
Rating G
Comment:
d) Amenities - considering the provision of usable open space and
pedestrian and bicycle ways.
Comment:
Rating
- 4 -
e) Visual Irtp*- the scale ,
�� 1 e and 1 Otion of bui 1 di nqs
to maximize public views of surrounding scenic areas.
Rating
Cowmen t :
11. P&Z Growth Management Community Commercial. Uses Evaluation Form
Projects within the CC and C-1 shall be assigned points according to
the following formula:
0 - Indicates a project totally lacking in any
housing or uses- directed to supplying needs
of local residents
1 - Indicates a project with its main emphasis
on supplying tourist services with little or
no on -site housing
2 - Indicates a project with housing and uses
that will be relied on by both the tourist
and residential populations
3 - Indicates a project which is designed almost
exclusively to satisfy the needs of the com-
munity's residential population with only
incidental tourist use and no tourist housing
being anticipated.
Rate the following features accordingly:
a) Employee Housing - considering the extent to which the project
supplies housing for employees generated by the proposed commercial
uses.
Rating
Comment:
b) Medical and Other Service Needs - considering the extent to which
the project supplies medical, dental and similar professional
office space; as well as banking, appliance supplies and repair,
grocery, hardware, drug store, laundry, and similar uses designed
and intended to serve the routine trade and service needs of the
community.
Rating
Coninent:
- 5 -
0
12. NET POINTS
HPC AVERAGE RATING �3 '
INDIVIDUAL P&Z MEMaER RATING -
NET RATINIG O,
13. BONUS POINTS (not to exceed 20% of the above net rating) provided
the project merits rec�;gnition due -to its outstanding quality.
B014US POINT �.
14. TOTAL POINTS
NET RATING
BONUS RATING
TOTAL POINTS
NAME OF PERS N SUBMITTING THE ABOVE RATING:
It
DATE
- 6 -
10. P&Z Growth Mana ement' uality of Desi n Evaluation Form - Projects
within the Commercial Core CC and Commercial One C-1) zoning
districts shall be assigned points according to the following formula:
0 - Indicates a totally incompatible design
1 - Indicates a major design flaw
2 - Indicates an acceptable (but standard) design
3 - Indicates an acceptable design
Rate the following features accordingly:
a) Architectural-desion - considering the compatibility of the proposed
building (in terms of size, height, location and building mater-
ials) with existing neighboring developments.
Rati ng
Comment:
b) Site__design - considering the quality and character of the proposed
landscaping and open space areas, the extent of undergrounding of
utilities, and the arrangement of improvements for efficiency of
circulation (including access for service vehicles) and increased
safety and privacy.
Rating
Comment:
c) Energy - considering the use of insulation, solar energy devices
and efficient fireplaces to maximize conservation of energy and
use of solar energy sources.
Rating G;
Comment:
d) Amenities - considering the provision of usable open space and
pedestrian and bicycle ways.
Comment:
Rati ng 2. c9
- 4 -
e) Visual Impact - considering the scale and location of buildings
to maximize public views of surrounding scenic areas.
Rating_��
Comment:
11. P&Z Growth Management Community Commercial Uses Evaluation Form
Projects within the CC and C-1 shall be assigned points according to
the following formula:
0 - Indicates a project totally lacking in any
housing or uses directed to supplying needs
of local residents
1 - Indicates a project with its main emphasis
on supplying tourist services with little or
no on -site housing
2 - Indicates a project with housing and uses
that will be relied on by both the tourist
and residential populations
3 - Indicates a project which is designed almost
exclusively to satisfy the needs of the com-
munity's residential population with only
incidental tourist use and no tourist housing
being anticipated,
Rate the following features accordingly:
a) Employee Housing - considering the extent to which the project
supplies housing for employees generated by the proposed commercial
uses.
Rati ng
Comment:
b) Medical and Other Service Needs - considering the extent to which
the project supplies medical, dental and similar professional
office space; as well as banking, appliance supplies and repair,
grocery, hardware, drug store, laundry, and similar uses designed
and intended to serve the routine trade and service needs of the
community.
Rating
Comment:
- 5 -
12. NET POINTS
HPC AVERAGE RATING
INDIVIDUAL P&Z MEMBER RATING
NET RATING �, r
13. BONUS POINTS (not to exceed 200/0 of the above net rating) provided
the project merits recognition due to its outstanding quality.
BONUS POINT �!
14. TOTAL POINTS
NET RATING
BONUS RATING
TOTAL POINTS
OF PERSON SUBMITTING THE ABOVE RATING:
DATE ,�
• 6
0
9. HPC GROWTH MANAGEMENT EVALUATION FORM - Ratings of projects within the
commercial one zoning districts shall be assigned points according to
the following formula:
0 - Indicates a totally incompatible design
1 - Indicates a major design flaw which creates a major
conflict with historic structures in the historic
district or with the urban environment in the other
areas outside the historic district
2 - Indicates an acceptable (but standard) design
3 - Indicates an acceptable design
The following design elements shall be rated accordingly:
Massing - (maximum 3 points) considering the massing, type of
roof, and overall compatibility with the historic
scale represented in the vicinity of the project.
Exterior Building Materials - (maximum 3 points) considering the
application of historic building materials and their
use on all facades of the structure, avoidance of
garish, reflective or other disruptive materials.
Architectural Detail - (maximum 3 points) considering overall
visual impression given by fenestration and the use of
building detail near windows, doors, corners, roof
lines and at floor level.
Color - (maximum 3 points) considering the compatibility of colors
and the variation in color when necessary to maintain
historic scale.
Architecture - (maximum 3 points) considering the use of compatible
contemporary design as opposed to the imitation of
historic architectural features.
RATE the above five (5) design elements below. Please comment on the
strong and/or weak factors affecting each of your ratings.
Project Name:
Date.
Design Element:
a) MASSING Rating �
Comment: /'�.,.-�" ,��,,c"c -tw e.,.� �,gSeArct-d =iAtiln. -,
b) EXTERIOR LBUILDING MATERIAL
Rating
Comment:.G�
- 2 -
c ) ARCHITI JURAL DFTAI L Rat ng 2 ► 3
Conurien t:q gffii.s�� p1-r ORn.� 'P. .T +— �u�..� w� et w T W
OM 1�11, LSIT.tlorl�a► �.-C.+►� 1�i rt �E heal lbn . �m �+�K ��it. v+�ovr�
��-43r"��GiL�F3.��G.T o�" �If�r�aWt lo' C�^�'1"w �:OVtLT �t4�iiJJ►T�GN
1 S'� Fi.00rr N�1W IVY W�� TA�l�J �w.,� Z)Jn;:L S14"" 14 P.14
d) COLOR Rating,
Co►,lment: P.. �.�� �s�.r4� 'A lumnwc—l-cowss -t'Awd r 1019 ,xa
e) ARCHITECTURE
w..j ( BM a., + r 'Fvc1-s 1.4 ?
Rati ng 2 ,8
Comment: cea r- (:;�OcX2 ko:!j ` OJ�.►ti�s��.
SAFr jj-CA) C[tIVf V
s L,::lA►-
TOTAL Rating \3,�
Name of person submitting the above rating A., 1�U R -
- 3 -
1.
2.
3.
4.
5.
6.
i.
GROWTH MANAGEMENT PLAN
RATINGS BY HPC
The H.P.C. reviewed the following project and rated each of the
design and community commercial elements as specified by the Growth
Management Ordinance.
PROJECT: �vr�P,,,�
REVIEW DATE: rn/Sn,Gti.
HPC REV I El,!~Q�
HPC
MEMBER
aar, to
n��T
►'
r -
' N,,
GROUP RATING
Z
,
►
.(�
__�
PLANNING OFFICE RATING_
THE COMBINED RATINGS OF THE HPC AVERAGES
0 0
10. P&Z Growth Management Quality of Design Evaluation Form - Projects
• witl—iin the Commercial Core CC and Commercial One C-9 zoning
districts shall be assigned points according to the following formula:
0 - Indicates a totally incompatible design
1 - Indicates a major design flaw
2 - Indicates an acceptable (but standard) design
3 Indicates an acceptable design
Rate the following features accordingly:
a) Architectural design - considering the compatibility of the proposed
building (in terms of size, height, location and building mater-
ials) with existing neighboring developments.
Rating
Comment:
b) Site design - considering the quality and character of the proposed
landscaping and open space areas, the extent of undergrounding of
utilities, and the arrangement of improvements for efficiency of
circulation (including access for service vehicles) and increased
safety and privacy.
Rating
Comment: VIEW/ 6GVQ ` 1X67.)91.1q 1) Af-PCt�t
c) Energy - considering the use of insulation, solar energy devices
and efficient fireplaces to maximize conservation of energy and
use of solar energy sources.
Rating
Comment: H 5P7//UC-) &° Afwcu€ Q
I K) S UL,)7 (n/�
d) Amenities - considering the provision of usable open space and
pedestrian and bicycle ways.
Comment:
Rating
- 4 -
e) Visual Impact - considering the scale and location of buildings
to maximize public views of surrounding scenic areas.
Rati ng
Comment: O 1 NE -_TWUUs17l0A-) I ti M ASS/�U Z
11. P&Z Growth Management Community Commercial Uses Evaluation Form
Projects within the CC and C-1 shall be assigned points according to
the following formula:
0 - Indicates a project totally lacking in any
housing or uses directed to supplying needs
of local residents
1 - Indicates a project with its main emphasis
on supplying tourist services with little or
no on -site housing
2 - Indicates a project with housing and uses
that will be relied on by both the tourist
and residential populations
3 - Indicates a project which is designed almost
exclusively to satisfy the needs of the com-
munity's residential population with only
incidental tourist use and no tourist housing
being anticipated.
Rate the following features accordingly:
a) Employee Housing - considering the extent to which the project
supplies housing for employees generated by the proc)osed commercial
uses.
Rating 3
Comment: UNITS
b) Medical and Other Service Needs - considering the extent to which
the project supplies medical, dental and similar professional
office space; as well as banking, appliance supplies and repair,
grocery, hardware, drug store, laundry, and similar uses designed
and intended to serve the routine trade and service needs of the
community.
Rating
Comment: ac—rD(2s (!:n r1` lCr:
- 5
12. NET POINTS
HPC AVERAGE RATING
INDIVIDUAL P&Z MEMBER RATING
NET RATING
13. BONUS POINTS (not to exceed 20% of the above net rating) provided
the project merits recognition due to its outstanding quality.
BONUS POINT
14. TOTAL POINTS
NET RATING
BONUS RATING
TOTAL POINTS
NAME OF PERSON SUBMITTING THE ABOVE RATING:
Gudko"A ,M O 1-9 --
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DATE 78
GROWTH MANAGEMENT PLAN
RATINGS BY P&Z
The P&Z reviewed the following project and rated each of the
design and community commercial elements as specified by the Growth
Management Ordinance.
PROJECT:
RFVIFW DATE:
P&Z REVIEW15)
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P&Z
MEMBER
2. ----- — - -- --
3.
4.
5. _-
6.
7.
GROUP RATING it i I I I II 1 II I I
PLANNING OFFICE RATING II I i I
PLANNING OFFICE TOTAL
TOTAL INDIVIDUAL RATINGS
AVERAT OF ALL P&Z RATINGS _ _
PLAN
RAIIINGS Illy IV
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