HomeMy WebLinkAboutLand Use Case.1000 E Hopkins Ave.A2-95�` a�t e�l T
-o�3
R a--q AS
37-1�Z-01-b03
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
City Land Use Application Fees:
00113-63850-041 Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63875-046
Zoning & Sign Pernut
- NM011
Use Tax
County Land Use Application Fees:
00113-63800-033
Deposit
-63805-034
Flat Fee
-63820-037
Zoning
-63825-038
Board of Adjustment
Referral Fees:
00113-63810-035
County Engineer
00115-63340-163
City Engineer
00123-63340-190
Housing
00125-63340-205
Enviromental Health
Sales:
00113-63830-039 County Code
-69000-145 Copy Fees
Other
Name:
Address: 30C E f �N
A S N ---- —
Total_ % t7 Z O —
Date_ ' ! Check; /
Proiect: !l. - ✓l l }� • t
Phone
Case No: I G_--t`.f
No. of Copies
-7-7 3 7- 1 Z-C1-to3
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
City Land Use Application Fees:
00113-63850-041
Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63875-046
Zoning & Sign Permit
- MR011
Use Tax
County Land Use Application Fees:
00113-63800-033
Deposit
-63805-034
Flat Fee
-63820-037
Zoning
-63825-038
Board of Adjustment
Referral Fees:
00113-63810-035
00115-63340-163
00123-63340-190
00125-63340-205
Sales:
00113-63830-039
-69000-145
Name:_
Address:
County Engineer
City Engineer
Housing
Enviromental Health
County Code
Copy Fees
Other
Phone:
Total / l Z U r
r
Date: }' Check: t
Project:_____ k ' f
Case No: __-1-
No. of Copics __ !
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 01/11/95 PARCEL ID AND CASE NO.
DATE COMPLETE: j'' 2737-182-01-003 A2-95
r STAFF MEMBER: LL
PROJECT NAME: Valley Hi Extension of Vested Rights
Project Address: 1000 E. Hopkins Ave.
Legal Address:
APPLICANT: Yusem Corporation
920-2180
Applicant Address:
215 S. Monarch #104
Aspen
REPRESENTATIVE: Herb Klein
925-8700
Representative Address/Phone:
201 N.
Mill St.
Aspen
CO 81611
FEES: PLANNING
$1020
#
APPS RECEIVED
1
ENGINEER
$
#
PLATS RECEIVED
HOUSING
$
ENV. HEALTH
$
TOTAL
$1020
TYPE OF APPLICATION:
STAFF APPROVAL:
1 STEP: X
2 STEP:
P&Z Meeting Date
PUBLIC
HEARING: YES
NO
1 -
VESTED
RIGHTS: YES
NO
CC Meeting Date --
PUBLIC
HEARING: YB$
NO
VESTED
RIGHTS: YES
NO
DRC Meeting Date
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: INITIALS: DUE:
�__________= j
FINAL ROUTING: /v % DATE ROUTED: �� ; INITIAL: -lam
----------
City Atty City Engineer Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
0 .
MEMORANDUM
TO: Mayor and Council
THRU: Bill Efting, Acting City Manager
THRU: Stan Clauson.-Co-nunity Development Director
FROM: Leslie Lamont, Deputy Director
DATE: March 13, 1995
RE: Valley Hi Vested Rights Extension - Second Reading
Ordinance 13, Series of 1995
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Valley Hi apartments, 1000 East Hopkins Avenue, are
under contract. The potential purchaser, Jeffrey Yusem, has
requested a five month extension of vested rights status.
Unlike the previous vested rights extension request, staff
recommends approval of this extension request.
Council approved first reading of Ordinance 13, Series of 1995, at
the February 27 meeting. However, for second reading, staff
recommends the elimination of condition #5 and adding a new
condition #5. That condition granted the vested rights extension
specifically to Jeffrey Yusem of Yusem Corporation. After further
consideration of the extension request, staff believes that the
extension is based upon the development schedule that has been
submitted by the applicants and their representative, Jeffrey
Yusem. Of paramount importance is the effective and timely
redevelopment of the Valley Hi. Whether Mr. Yusem or another party
undertakes that redevelopment is irrelevant as long as
redevelopment is accomplished within the time frame approved by
this Ordinance.
In the alternative, Council may wish to link the extension of
vested rights to redevelopment of the property by Jeffrey Yusem of
Yusem Corporation.
APPLICANT: Jeffrey Yusem, representing the Valley Hi Development
Trust
LOCATION: 1000 East Hopkins, Aspen
ZONING: Residential Multi -Family (R/MF)
BACKGROUND: The Valley Hi is a nineteen unit, free market,
apartment building housing approximately 60 working residents.
In June of 1991, the Valley Hi Development Trust was granted
subdivision approval for a site specific development plan. The
property was to be demolished and rebuilt as a multi -family
building containing four free-market units and four deed restricted
units, a twelve car garage and $45,000 cash -in -lieu payment for 3
deed restricted bedrooms that were not to be built on -site. This
redevelopment plan was created and approved as part of a lawsuit
settlement between the City and the Valley Hi Trust. The site
specific development plan was adopted in June, 1991, pursuant to
Ordinance 8, Series of 1991. The Ordinance also granted vested
rights for a period of three years. Please see Ordinance 8
approving the subdivision, Exhibit A.
Vested rights status was to expire on June 15, 1994. However, in
1992, the applicants requested an extension for an additional 2
years to June 15, 1996. Council only extended the vested rights
for one additional year to June 15, 1995.
Council recently denied a further request for a two-year extension
of vested rights, finding that within that time frame new
development should comply with changes in the Aspen Land Use Code
in order to be consistent with current land use regulations,
polices, and visions of the community.
APPLICANT'S REQUEST: Jeffrey Yusem is attempting to purchase the
Valley Hi property for redevelopment. Mr. Yusem requests a five
month extension of vested rights. Currently vested rights will
expire June 15, 1995. The extension request will preserve the
vested rights until November 15, 1995.
STAFF COMMENTS: There have been many issues surrounding the
current apartment complex and vested rights extension requests.
Staff believes there is a significant difference between this
extension request and the prior request. The current request is
based upon a demolition/construction time schedule for
redevelopment of the property. The request does not contemplate
substantial amendments to the approved plan. Previous extension
requests were unaccompanied by redevelopment schedules. Moreover,
the property owners appeared to have poorly maintained the building
and failed to monitor its tenants.
The applicant, Jeff Yusem, has been working with architects and
staff to develop a realistic demolition/construction schedule for
redevelopment. According to the time schedule prepared by his
architects, it is not feasible to expect the issuance of any
building permits until mid -October of this year.
The original subdivision/PUD approval was based upon conceptual
drawings. In order to submit for a building permit, detailed
drawings must be developed including civil and structural drawings.
Site and soil explorations must be conducted. Please see the
proposed schedule and extension request, Exhibit B.
Fj
Owing to the applicant's due diligence and desire to redevelop the
property in a timely manner, staff recommends a five month
extension of vested rights status for the Valley Hi. Staff finds
that the redevelopment of the property, based upon the approved
subdivision/PUD development plan, is in the best interest of the
immediate neighborhood and the City of Aspen.
RECOMMENDATION: Staff recommends approval of the request to extend
the vested rights status of the Valley Hi site specific development
plan with the following conditions:
1. The extension of vested rights shall be for five months to
November 15, 1995.
2. The applicant shall maintain the property in an orderly
fashion and all rubbish and refuse shall be removed in a
timely manner.
3. The Valley -Hi Apartments shall be maintained in a clean and
orderly condition until such time as they are demolished prior
to redevelopment pursuant to Ordinance 8, Series of 1991.
4. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for a total of
four years and five months from June 15, 1991, the date of
publication of Ordinance No. 8, Series of 1991. However, any
failure to abide by the terms and conditions attendant to this
approval shall result in forfeiture of said vested property
rights.
S. Redevelopment of 1000 East Hopkins Avenue shall proceed
according to the development timeline submitted and approved
as part of the extension of vested rights application (exhibit
B) .
6. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
7. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
8. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
3
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
ALTERNATIVES:
1. Council may find that an extension of vested rights is not in
the best interest of the City and future development should comply
with current land use policies and code requirements.
2. Council may find that the extension of vested rights should
only be extended specifically for Jeffrey Yusem of Yusem
Corporation.
RECOMMENDED MOTION: "I move to adopt Ordinance 13, Series of 1995,
granting a five month extension of vested rights status for 1000
East Hopkins."
CITY MANAGER'S COMMENTS:
Ordinance 13, Series of 1995
EXHIBITS:
A. Ordinance 8, Series of 1991.
B. Proposed Schedule for Demolition/Reconstruction of the Valley
Hi and Extension Request
4
.' S • EXHIBIT A
ORDINANCE N0.8
(SERIES OF 1991)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING FINAL SUBDIVISION/PUD
DEVELOPMENT PLAN APPROVAL, CONDOMINIUMIZATION, GHQS ,PTION,
AND VESTING OF DEVELOPMENT RIGHTS FOR FOUR FREE MARKET UNITS AND
FOUR AFFORDABLE HOUSING UNITS AT 1000 EAST HOPKINS (TOTS A AND K
OF BLACK 25 AND LOTS H,I, AND S BLACK 26, TOWNSITE OF ASPEN)
WH1nZEAS, the Valley Hi Development Trust ("Applicant")
submitted to the Planning Office an application for a Final
Subdivision/PUD Development Plan, Stream Margin review,
Condominiumization, GMQS Exemption for Affordable Hc•-,sina and
vesting of development rights to reconstruct eight unity at 1000
East Hopkins Ave. The plan was designed in accordance with an
April 1990 legal settlement ("Settlement".) between the City of
Aspen and the Applicant; and
WHEREAS, the application was reviewed by the Encineering
Department-, the Aspen Consolidated Sanitation District, the Fire
Marshal, the Water Department, the Housing Authority, and the
Planning Office and those agencies submitted referral comments;
and
WHEREAS, on December 4,
1990,
the Aspen
Planning and Zonina
C07-n-i ss1Cn ap_ roved Strear,
i`ar, i n
-
Review
h CCn _ _C S and
wlt C
fc_viarC.ed a reco"--ndatlon to C1L:v' Council to app_c'.-e Final
Su'--d �S'_C:i/ �T'1 rCV1S'„ with cc: dJ-i � ? ci,S including va- e= to
height and rear setback; and
WHEREAS, pursuant to Sections 24-7-1004 D.2.h.1 24-7-
903, 24-7-1007, and 24-8-104 C.l.c. of the Aspen Municipal Code,
the City Council may grant approval to Final Subdivision, PUD
1
Development Plans, Condominiumization, and GMQS Exemption for
Affordable Housing; and
WHEREAS, the Aspen City Council having considered the
Planning and Zoning Commission's and Planning Office's
recommendations, does wish to grant the Final Subdivision/PUD
Development Plan approval with conditions as well as
Condominiumization, GMQS Exemption for Affordable Housing, and
Vesting of Development Rights for three years for the development
of four free market units and four deed restricted units at 1000
East Honk ins .
NOW, `T HE1ZFFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant Final Subdivision/PUD Approval
with the conditions reconamended by the Planning and Zoning
Ccniission and the Planning Office and amended by Cite Council
for four free market units and four deed restricted affordable
housing units.
Section 2.
In order to acco=odate the affordable housing units, 'in
accordance with Secticn 7-903 of the Land Use Code, zhe City
Council approves a PUD variance to allow a zero (0) ffzct rear
setback for the portion of the structure containing affordable
housing, and a height variance of two (2) feet to the R-'•:= height
limit restricted to the rear two-thirds (2/3) of the building.
Section 3:
09
-The City Council also approves Condominiumizaticn for all
eight units and Growth Management Exemption for the four
affordable housing units.
Section 4•
The conditions of approval which apply to this project are:
1. A Subdivision Agreement shall be recorded concurrently with
the Final Plat.
2. The garage entry drive must not exceed 12% grade for a 20'
distance from the property line.
3. Excavation permits are required for curb and gutter and
sidewalk improvements and for any other work in the public right-
of-way.
4. The applicant shall agree to join a. Special Irprovement
District if one is ever formed.
5. The Applicant shall pay for sewer line improvements as
determined by the Sanitation District.
6. Heavy vehicle access must be provided for se-.:er line
maintenance.
7. The drainage plan for the site shall include oil and sand
interceptors for the garage. Surface run-off shall not enter the
sanitary sewer.
o . Fire alarm and sprinkler syste-,s shall be des one and
installed as per the Fire t:arshal's requirements.
9. The -Planning Director shall sign off on a G_:QS Exemction for
the replacement of four free market dwelling units.
10. No demolition shall occur prior to issuance of a building
3
permit.
11. The four affordable housing units shall be indexed to the
Housing Guidelines for category 7P3 (one unit) and category ;"4
three units) for sale purposes. For rental purposes, all four
unit shall be indexed at category #r2.
12. Twelve (12) underground parking spaces shall be provided
according to the Settlement and parking variance allowed by the
PUD review process. Four (4) of these spaces shall be allotted
to the affordable housing units.
13. A two (2) foot variance to the YU-IF zone height restriction is
limited to the rear 2/3 of the building to acco=c-date the
affordable housing units.
14. A variance to allow a zero (0) foot setback shall he limited
to the building area containing the affordable housing units.
15. Prior to recordation, a fifteen (15) foot trail easement
shall be dedicated on the plat subject to approval by Engineering
and Planning.
16. Condominiurm plat and condominium declarations shall be
approved by the City Engineer and City Attorney zricr to
recordation.
17. A $45, 000. 00 cash -in -lieu payment for af- orda*le hc•.:sing
shall be paid prior to issuance of an,: building per-__= for the
property.
Within 180 days of City Council's approval of this Final Plat and
Final PUD Plan the following must occur:
1l. A Subdivision Plat, "Notice of PUD Designation", Final PUD
10
Plan and Subdivision/PUD Agreement must be filed with the County
Clerk as required by Sections 7-1005 E. , 7-905 and 7-907 of the
Land Use Ccde.
19. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission, City Council and Historic Preservation
Committee shall be adhered to and considered conditions of
approval, unless otherwise amended in the conditions.
Section 5•
That it does hereby grant Vested Rights for the 1000 East
Hopkins Stream Margin review and Final Subdivision/PUD
Development Plan. The rights granted by the site specific
development plan shall remain vested for a period of three (3)
years from the effective date hereof. ' However, any failure to
abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property
rights. Failure to properly record all plats and agreements
required to be recorded by the Land Use Code shall also res•.:lt in
the forfeiture of said vested property rights.
Section 6•
That the City Clerk be and hereby is directed, upc:, the
adoption of this ordin-mnce, to record a copy of this ordinance in
the office cf the Pitl:in County Clerk and Recorder.
Section 7:
A public hearing on the Ordinance shall be held on the 13
,J 7
day of/� , 1991 at 5:00 P.M. in the City Council Chambers,
5
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHF_D as provided by law,
by the City Council of the City of Aspen on the D day of
1991.
William L. Stirlinc, Mayor
A ST: ✓�
Kathryn P1. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
1991.
William L. Stirling, Ma•;cr
ATTEST:
Kathryn S Koch, City Clerk
jtkvj/1000hop.ord
0
• •� � c� 1 h an C, �. 1 3
EXHIBIT B
JAN 1 7 ►9��
January 12, 1995
Ms. Leslie Lamont
Aspen/Pitkin Planning Department
130 South Galena St.
Aspen, Colorado 81611
RE: 1000 East Hopkins Avenue
Timeline for Building Permit
Dear Leslie:
We have been retained to prepare building permit drawings for
new development on the 1000 E. Hopkins site which conform
to the approved Subdivision Agreement of 12/3/91.
I understand that Jeff Yusem has requested an extension of
Vested Rights in order to permit adequate time to prepare the
necessary documents. I would concur that additional time is
needed, and a conservative schedule for such an effort is
approximately as follows:
DAVI D
GIBSON,
AIA
AUGUST
RENO.
AIA
SCOTT
SMITH.
AIA
� ins
0
i
III
210 E. HYMAN
NO 202
ASPEN
COLORADO
81611
1. Pre -Design Meeting with Planning
303.925.5968
& Housing Official
Jan. 20, 1995
FACSIMILE
2. Technical Explorations
Jan.12-Feb.10th
303.925.5993
a. Soils testing
b. Site Survey
3. Design Drawings
Feb. 13-Mar.17th
P.O. BOX 278
4. Design Development Phase
Mar.20-May 12th
117 N. WILLOW
5. Detailed Drawings Phase
May 15-Aug. 11
NO 2
a. Civil Engineering
b. Structural Engineering
TELLURIDE
6. Submit Drawings for Building
Aug. 15
COLORADO
81435
Permit Review
7. Obtain Building Permit
Oct. 16, 1995
303.728.6607
FACSIMILE
303.728.6658
•
MO(sffm QOffpO s�'M1iftO �1i
January 10, 1995
To: City of Aspen
From: Yusem Corporation
RE: Extension of Vested Rights; Valley Hi Apartments
EXHIBIT B
We are under contract with the present owner of the above
referenced property. Noting that current rights of development
expire on June 15, 1995, we request an extension of said rights to
November 15, 1995.
With the time constraint of performing due diligence, having
architectural plans drawn and applying to the Building Department
for a building permit we find we are in need of a greater time
frame than presently allowed. An additional five months will
present a proper sequencing of the above.
We took note in our pre -application conference that we would be
applying for a building permit during that departments busiest time
of the year. We have also spoken with various homeowners who
concur with our assessment of time needed.
Necessary attachments and fee are enclosed.
215 S. Monarch St., Suite 104 Aspen, Colorado 81611 (303) 920-2180 (303) 925-5180 FAX
JM 1 7 19�to
January 12, 1995
Ms. Leslie Lamont
Aspen/Pitkin Planning Department
130 South Galena St.
Aspen, Colorado 81611
RE: 1000 East Hopkins Avenue
Timeline for Building Permit
Dear Leslie:
We have been retained to prepare building permit drawing
site which cons for
new development on the 1000 E. Hopkins form
to the approved Subdivision Agreement of 12/3/91.
I understand that Jeff Yusem has requested an extension of
Vested Rights in order to permit adequate time to prepare the
necessary documents. I would concur that additional time is
needed, and a conservative schedule for such an effort is
approximately as follows:
DAV1D
GIBSON.
AIA
AUGUST
RENO.
AIA
SCOTT
SMITH.
AIA
210 E. HYMAN
NO 202
ASPEN
COLORADO
81611
1. Pre -Design Meeting with Planning
303.925.5968
& Housing Official
Jan. 20, 1995
FACSIMILE
2. Technical Explorations
Jan.12-Feb.10th
303.925.5993
a. Soils testing
b. Site Survey
3. Design Drawings
Feb. 13-Mar.17th
P.O. BOX 278
4. Design Development Phase
Mar.20-May 12th
117 N. WILLOW
5. Detailed Drawings Phase
May 15-Aug. 11
No 2
a. Civil Engineering
b. Structural Engineering
TELLURIDE
6. Submit Drawings for Building
Aug. 15
co8ORADO
81435435
Permit Review
7. Obtain Building Permit
Oct. 16, 1995
303.728.6607
FACSIMILE
303.728.6658
Ms. Leslie Lamont
January 12, 1995
1000 East Hopkins Ave.
page 2
For a 15,000 square foot mixed use multifamily project with
underground parking garage, this is a realistic schedule for
preparation and approval of the required documents and we
would recommend that Mr. Yusem's request for an extension,
therefore be granted.
Respectfully y rs
G
David F. Gibson, AIA
cc: Rick Neilly, Esq.
Jeff Yusem
MEMORANDUM
TO: Mayor and Council
THRU: Bill Efting, Acting City Manager
THRU: Stan Clausas�wmunity Development Director
FROM: Leslie Lamont, Deputy Director
DATE: February 27, 1995
RE: Valley Hi Vested Rights Extension - First Reading
Ordinance 13, Series of 1995
SUMMARY: The Valley Hi apartments, 1000 East Hopkins Avenue, are
under contract. The potential purchaser, Jeffrey Yusem, has
requested a five month extension of vested rights status.
Unlike the previous vested rights extension request, staff
recommends approval of this extension request.
APPLICANT: Jeffrey Yusem
LOCATION: 1000 East Hopkins, Aspen
ZONING: Residential Multi -Family (R/MF)
BACKGROUND: The Valley Hi is a nineteen unit, free market,
apartment building housing approximately 60 working residents.
In June of 1991, the Valley Hi Development Trust was granted
subdivision approval for a site specific development plan. The
property was to be demolished and rebuilt as a multi -family
building containing four free-market units and four deed restricted
units, a twelve car garage and $45,000 cash -in -lieu payment for 3
deed restricted bedrooms that were not to be built on -site. This
redevelopment plan was created and approved as part of a lawsuit
settlement between the City and the Valley Hi Trust. The site
specific development plan was adopted in June, 1991, pursuant to
Ordinance 8, Series of 1991. The Ordinance also granted vested
rights for a period of three years. Please see Ordinance 8
approving the subdivision, Exhibit A.
Vested rights status was to expire on June 15, 1994. However, in
1992, the applicants requested an extension for an additional 2
years to June 15, 1996. Council only extended the vested rights
for one additional year to June 15, 1995.
Council recently denied further request for a two-year extension
of vested rights, finding that within that time frame new
development should comply with changes in the Aspen Land Use Code
in order to be consistent with current land use regulations,
polices, and visions of the community.
APPLICANT'S REQUEST: Jeffrey Yusem is attempting to purchase the
Valley Hi property for redevelopment. Mr. Yusem requests a five
month extension of vested rights. Currently vested rights will
expire June 15, 1995. The extension request will preserve the
vested rights until November 15, 1995.
STAFF COMMENTS: There have been many issues surrounding the
current apartment complex and vested rights extension requests.
Staff believes there is a significant difference between this
extension request and the prior request. The current request is
based upon a demolition/construction time schedule for
redevelopment of the property. The request does not contemplate
substantial amendments to the approved plan. Previous extension
requests were unaccompanied by redevelopment schedules. Moreover,
the property owners appeared to have poorly maintained the building
and failed to monitor its tenants.
The applicant, Jeff Yusem, has been working with architects and
staff to develop a realistic demolition/construction schedule for
redevelopment. According to the time schedule prepared by his
architects, it is not feasible to expect the issuance of any
building permits until mid -October of this year.
The original subdivision/PUD approval was based upon conceptual
drawings. In order to submit for a building permit, detailed
drawings must be developed including civil and structural drawings.
Site and soil explorations must be conducted. Please see the
proposed schedule and extension request, exhibit B.
Due to the applicant's due diligence and desire to redevelop the
property in a timely manner, staff recommends a five month
extension of vested rights status for the Valley Hi finding that
the redevelopment of the property, based upon the approved
subdivision/PUD development plan, is in the best interest of the
immediate neighborhood and the City of Aspen. This approval is
expressly conditioned upon title transfer to Jeffrey Yusem.
RECOMMENDATION: Staff recommends approval of the request to extend
the vested rights status of the Valley Hi site specific development
plan with the following conditions:
1. The extension of vested rights shall be for five months to
November 15, 1995.
2. The applicant shall maintain
fashion and all rubbish and
timely manner.
2
the property in an orderly
refuse shall be removed in a
3. The Valley -Hi Apartments shall be maintained in a clean and
orderly condition until such time as they are demolished prior
to redevelopment pursuant to Ordinance 8, 1991.
4. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for a total of
four years and five months from June 15, 1991, the date of
publication of Ordinance No. 8, Series of 1991. However, any
failure to abide by the terms and conditions attendant to this
approval shall result in forfeiture of said vested property
rights.
5. The rights granted by the site specific development plan
approved by this Ordinance are specifically conditioned upon
the transfer of title to the property to Jeffrey Yusem of
Yusem Corporation for redevelopment.
6. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
7. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
8. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
ALTERNATIVES:
1. Council may find that an extension of vested rights is not in
the best interest of the City and future development should comply
with current land use policies and code requirements.
RECOMMENDED MOTION: "I move to read Ordinance 13, Series of 1995."
"I move to approve Ordinance 13, Series of 1995, on first reading,
granting a five month extension of vested rights status for 1000
East Hopkins."
CITY MANAGER'S COMMENTS:
3
Ordinance 13, Series of 1995
EXHIBITS:
A. Ordinance 8, Series of 1991.
B. Proposed Schedule for Demolition/Reconstruction of the Valley
Hi and Extension Request
4
ORDINANCE 13
(SERIES OF 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FIVE MONTH
EXTENSION OF VESTED RIGHTS APPROVED BY ORDINANCE 8, SERIES OF 1991
FOR THE SITE SPECIFIC DEVELOPMENT PLAN APPROVED FOR THE 1000 EAST
HOPKINS PARCEL, THE VALLEY -HI APARTMENTS, LOTS A, H, I, K, & S
BLOCKS 25 AND 26 PLUS THE REMAINDER OF VACATED CLEVELAND STREET,
CITY OF ASPEN, COLORADO.
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code, City Council may grant an extension of vested rights status
for a site specific development plan; and
WHEREAS, in June of 1991, City Council adopted Ordinance 8,
Series of 1991, approving the redevelopment of the Valley -Hi
property and granting vested rights status for three years from the
approved date of said Ordinance; and
WHEREAS, in November of 1992, City Council granted a one year
extension of the vested rights status for the Valley -Hi site
specific development plan thereby extending the vested rights to
June 15, 1995 (Ordinance No. 57, Series of 1992); and
WHEREAS, as a condition of granting the vested rights
extension, City Council required the applicant to make specific
repairs and upgrades of the building and implement a management and
maintenance plan for the building; and
WHEREAS, Council also recommended that the applicant seek
another extension when those upgrades are completed and the
applicant can demonstrate to Council that proper management of the
building is occurring; and
WHEREAS, the applicant requested another vested rights
extension for two additional years in October 1994; and
1
•
•
WHEREAS, the City Council denied the extension request finding
that new development should comply with changes in the Aspen Land
Use Code in order for new development to be consistent with new
land use regulations, polices, and visions of the community; and
WHEREAS, a potential purchaser of the property has developed
a specific redevelopment schedule and now requests to extend the
vested rights for five months in order to prepare and submit
building plans, and pull a building permit in a timely fashion; and
WHEREAS, the City Council, having considered the request for
an extension of vested rights and having found that the purchaser
has sufficiently demonstrated that building plans cannot be
adequately reviewed and a permit issued before the vested rights
expire in June, 1995, does wish to grant the requested extension
of vested rights to for five months beyond the approval granted in
Ordinance No. 57, Series of 1992, for the 1000 E. Hopkins parcel
on condition that title to the property is transferred to Jeffrey
Yusem.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1•
Pursuant to Section 24-6-207 of the Municipal Code, City Council
does hereby grant the applicant an additional five month extension
for the vested rights approved by Ordinance No. 8, Series of 1991,
for the 1000 East Hopkins parcel, with the following conditions:
1. The extension of vested rights shall be for five months to
November 15, 1995.
2. The applicant shall maintain the property in an orderly
2
fashion and all rubbish and refuse shall be removed in a
timely manner.
3. The Valley -Hi Apartments shall be maintained in a clean and
orderly condition until such time as they are demolished prior
to redevelopment pursuant to Ordinance 8, 1991.
4. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for a total of
four years and five months from June 15, 1991, the date of
publication of Ordinance No. 8, Series of 1991. However, any
failure to abide by the terms and conditions attendant to this
approval shall result in forfeiture of said vested property
rights.
5. The rights granted by the site specific development plan
approved by this Ordinance are specifically conditioned upon
the transfer of title to the property to Jeffrey Yusem of
Yusem Corporation for redevelopment.
6. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
7. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
8. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 2•
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the City of Aspen no
later than fourteen (14) days following final adoption hereof.
Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
3
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following -
described property:
111000 East Hopkins, Lots A,H,I,K, and s, Blocks 25 and 26"
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 3•
That the City Clerk be and hereby is directed, upon the adoption
of this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 5:
This Ordinance shall not affect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6•
A public hearing on the Ordinance shall be held on the 13
day of March, 1995 at 5:00 P.M. in the City Council Chambers, Aspen
4
City Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published one in a newspaper
of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 27 day of February, 1995.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1995.
ATTEST:
Kathryn S. Koch, City Clerk
5
John Bennett, Mayor
'YMOS1�ii COoZjPoff(M1noM
January 10, 1995
To: City of Aspen
From: Yusem Corporation
RE: Extension of Vested Rights; Valley Hi Apartments
EXHIBIT B
We are under contract with the present owner of the above
referenced property. Noting that current rights of development
expire on June 15, 1995, we request an extension of said rights to
November 15, 1995.
With the time constraint of performing due diligence, having
architectural plans drawn and applying to the Building Department
for a building permit we find we are in need of a greater time
frame than presently allowed. An additional five months will
present a proper sequencing of the above.
We took note in our pre -application conference that we would be
applying for a building permit during that departments busiest time
of the year. We have also spoken with various homeowners who
concur with our assessment of time needed.
Necessary attachments and fee are enclosed.
215 S. Monarch St., Suite 104 Aspen, Colorado 81611 (303) 920-2180 (303) 925-5180 FAX
t. ASPEN MOUNTAIN
IILVER QUEEN GONDOLA i'
• '� • • l • • • • • • • T ,e i LITTLE NELL LIFT LIFT I
E : rf�FyFD• � ,��' cyq�� \F�ti •It�►tt(•' `
K E RD •
, 1c���r-,N C• F. R
� ;L • / rBi • ` 1 -.�C� ..:9(;' U.. � � SUMMITj ST
'rtlrt�� G • • • 1O1O lFjOglyr �?t'r \GORP.. '' Q,-ST S ARK T ;kTILL,ST
c.�,� • z �- J INIAT
� � S\0 • � 1•I fa• I • c� Q�p t w �n I,II OF R I S I
c>. �.• • •� •
PY�� +• , IIIP,NSt
ATERS AVE T AWN ST
CITY MARKET � _._. _.. -.N TrI:AN SI r
'�y�, � I , • � •_ - AGNER PARK
Iti\ lit �i(I�' DUIIANI� AVF. - .� OPERA HUUSE c' I N Mol[y Gibsvn Lndge Aspen i3cd
a' ' ` c & Breakfast liickor E � � COOPER A�/E,, ' �'4 �>i d Q A �� _ cn . .._. Q � r -
P - .-
z Q cn zcn __ ■,_.....
ARDASPEENJ
w HYMAN Lc)&%� o E z AD �A o HYMAN z ►-
p Kfr, "' `� •` /.�. "' cn W JOPKI AVE-`r' r _.�o �.._z .. _..r
Q ' - `"' - N HEELER ISITOR _ __ IPAE CK PARK "
U, CITY u V)
IN ORMATIO CEti T E N
IIAII. MAIN ��� ST v,
`►•S�0 OU < ,.�.,.
N T WIND
�* r r v>I` z yam.✓
~ M / 4 J C UR I i1011 E "; N ' °C �� I N
LING ST • �f z ` J) a -- _� W RI FF. FR Si
m \
Q 4 °q • • ti w Q� - z g N zo cc
2 • 0� � z z E NAL AM ST � W "_ —N _HAL M cc
a e • BAY sr • •�;°9o�-Jsr CLARK'S �i Z i Z z z
House
IL
w
V)
ST U-
N
z z
q� oQN� %•..__._ _ • •T°q��— .,,, <r, o MARKET •I W.._ _..._ RANCIS —I_T---1---
q rye U.. : ii�� a • I. • •
1 rr. , • PUPPY • � ( )klal Into •
GESZ�,AVE - PRIN �i�ti • - -
,�` LT IPIT _ ..
.N,ORTE P r ra �- ASPEN �• w Hot I • Nb __ -
AR� C. OS �' Mill
MUSEUM
ASPEN CH ART Aspen ` /6TS��' W-
CUI�, S T 1NE v RESORT ASSN, & • ��'y • '
CT NH�V� SS NFORMATION CTR.
yy 2sIEA('CT `Q 4oNf E'IMF i1,�G / • . ` '{' �� �, G1�\
m vi • 9 �Ns • C6
CONjMUNITY • - pVE
• ZEE .
rf • CENTER •.a' �p,5-�'
l
•
ST
NORTH i S
z
NIIEELER
iTALLARE
AUSEUM
Show
Prop(
Sho..'euse Bel (c
Munui;c rrrcrr( & Ga
••,Sc►viccs
• ASPEN
INSTITUTE
.JAW 17 199b
January 12, 1995
Ms. Leslie Lamont
Aspen/Pitkin Planning Department
130 South Galena St.
Aspen, Colorado 81611
RE: I N10 East Hopkins Avenue
Timeline for Building Permit
Dear Leslie:
We have been retained to prepare building permit drawings for
new development on the 1000 E. Hopkins site which conform
to the approved Subdivision Agreement of 12/3/91.
I understand that Jeff Yusem has requested an extension of
Vested Rights in order to permit adequate time to prepare the
necessary documents. I would concur that additional time is
needed, and a conservative schedule for such an effort is
approximately as follows:
DAVID
GIBSON,
AIA
AUGUST
RENO,
AIA
SCOTT
SMITH,
AIA
210 E. HYMAN
NO 202
ASPEN
COLORADO
81611
1.
Pre -Design Meeting with Planning
303.925.5968
& Housing Official
Jan. 20, 1995
FACSIMILE
2.
Technical Explorations
Jan.12-Feb.lM
303.925.5993
a. Soils testing
b. Site Survey
3.
Design Drawings
Feb. 13-Mar.17th
P.O. BOX 278
4.
Design Development Phase
Mar.20-May 12th
117 N. WILLOW
5.
Detailed Drawings Phase
May 15-Aug. 11
N° 2
a. Civil Engineering
b. Structural Engineering
TELLURIDE
6.
Submit Drawings for Building
Aug. 15
COLORADO
Permit Review
81435
7.
Obtain Building Permit
Oct. 16, 1995
303.728.6607
FACSIMILE
303.728.6658
Ms. Leslie Lamont
January 12, 1995
1000 East Hopkins Ave.
page 2
For a 15,000 square foot mixed use multifamily project with
underground parking garage, this is a realistic schedule for
preparation and approval of the required documents and we
would recommend that Mr. Yusem's request for an extension,
therefore be granted.
Respectfully y rs
G
David F. Gibson, AIA
cc: Rick Neilly, Esq.
Jeff Yusem
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5439
MEMORANDUM
TO: City Attorney
Aspen Fire Protection District
FROM: Leslie Lamont, Planner
RE: Valley Hi Extension of Vested Rights
Parcel ID No. 2737-182-01-003
DATE: January 11, 1995
Attached for your review and comments is an application submitted by the Yusem Corporation
Please return your comments to me no later than January 30.
Thank you.
• PLANNING OFFICE
ASPEN/PITKIN
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
January 11, 1995
Jeff Yusem
Yusem Corporation
215 S. Monarch, #104
Aspen, CO 81611
Re: Valley Hi Extension of Vested Rights
Case A2-95
Dear Jeff,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for 1st Reading before the Aspen City Council on Monday,
February 13, 1995 at a meeting to begin at 5:00 p.m. Second Reading and Public Hearing will
be on March 13, 1995. Should these dates be inconvenient for you, please contact me within
3 working days of the date of this letter. After that the agenda dates will be considered final
and changes to the schedule or tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting dates, we will call to inform you that a
copy of the memo pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920-
5101.
Sincerely,
uza ire Wolff
Administrative Assistant
cc.ph
•
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, Engineering Department
Date: March 16, 1995
Re: Valley Hi Insubstantial Plat Amendment
(1000 East Hopkins Avenue,; Lot S, Block 26, portion vacated Cleveland Street, and Lot K, Block
25, E.A.T.)
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. PUD Plat - The original recorded PUD plat did not contain the proposed approved site plans.
The plat amendment should include those plans.
2. Encroachments - Existing fences and the trash area encroach into the public right-of-way. The
plat amendment must include a note that encroachments will be removed at the time of
development.
3. Storm Runoff - The original approvals did not specify compliance with Municipal Code
subdivision design standards for storm runoff. It should be a condition of approval for this
amendment that the development of the property meet storm runoff requirements of Section 24-7-
1004.C.4.f. This would provide for only historic storm runoff to be permitted to leave the site.
4. Sidewalk, Curb and Gutter - The previous approvals do not refer to sidewalk, curb and gutter
requirements although application site plans may have included the improvements. The site plan
submitted with the amendment application shows sidewalk curb and gutter. Sidewalk may be built,
and will be required to be built. However curb and gutter may not be constructed in segments by
projects because of problems arising from conveying street drainage to adjacent properties.
Constructing curb and gutter generally requires simultaneous construction of storm drains and
inlets. To meet City Code requirements (Sec. 19-98), the applicant must sign and notarize a curb
and gutter improvement agreement, and provide recording fees, prior to signing the fmal plat. The
agreement will require the applicant to construct curb and gutter if and when directed by the City.
5. Driveway - The proposed driveway change appears acceptable. The proposed use of the alley
public right-of-way is unusual but reasonable with the site conditions. The application refers to a
30" retaining wall. The wall should be required to have a railing on it for public safety.
6. Trail Easement - The original approvals were incorrectly mapped on the recorded plat. The
northerly boundary of the trail easement was required to be coincident with the 100-year floodplain
boundary. For this application, a condition of approval should be provided which states the
following:
The amended plat shall contain a note that the applicant grants a 20 foot construction
easement and a 15 foot trail easement, the location to be determined by mutual consent
between the applicant and the City.
The reason for the wider construction easement is to permit construction of retaining walls
and/or laid back slopes as necessary alongside the trail.
The applicant has indicated willingness to consider permitting the City to access through the
parcel for trail construction at the time the property is developed so that the trail construction can be
performed at the same time and not later. This should be included in the conditions of approval.
7. Street Light - There is an existing street light that is adjacent to the site. The light is a cobra
head style fixture on a utility pole from which overhead utilities were removed during the 1988-91
utility undergrounding project. The applicant should be required to replace the street light with a
standard City antique street light.
8. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an
easement provided by the applicant and not in the public right-of-way.
9. Previous Conditions of Approval - The approving ordinance should stipulate that the
conditions of approval of Ordinance No. 8 (Series of 1991) remain in effect.
10. Plat Amendment - The plat amendment must meet the requirements of Section 24-7-1004.D.
The recorded plat is lacking a legend, and there are unexplained symbols on the plat. There is a
fence which is not labeled. The plat should also label the top of bank.
11. Plat Title - The application has been referred under the name Valley Hi. Does the applicant
propose to change the name of the PUD? If so, a note on the plat must be provided that refers to the
original plat and that states that the name has been changed.
12. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant shall consult city engineering (920-5088) for design considerations of
development within public rights -of -way, parks department (920-5120) for
vegetation species, and shall obtain permits for any work or development, including
landscaping, within public rights -of -way from city streets department (920-5130).
13. Alley Right-of-way - The applicant has discovered deeds which appear to have conveyed the
alley to the property owner in the late 1800's. The Official City Map does not indicate that the
alley is vacated. The 1000 East Hopkins Avenue Townhouses plat that was approved by the city
and filed on December 6, 1991, does not indicate a vacated alley and acknowledges the alley right-
of-way. Amending the plat to reflect a vacated alley would be of major concern to the City and
would not qualify as an insubstantial PUD amendment.
cc: Cris Caruso, City Engineer
Jeff Yusem (920-2180)
Dave Gibson (FAX 925-5993)
M95.72
0
UfflosU'm QOO ffPOSfMf n( M
is
January 10, 1995
To: City of Aspen
From: Yusem Corporation
RE: Extension of Vested Rights; Valley Hi Apartments
We are under contract with the present owner of the above
referenced property. Noting that current rights of development
expire on June 15, 1995, we request an extension of said rights to
November 15, 1995.
With the time constraint of performing due diligence, having
architectural plans drawn and applying to the Building Department
for a building permit we find we are in need of a greater time
frame than presently allowed. An additional five months will
present a proper sequencing of the above.
We took note in our pre -application conference that we would be
applying for a building permit during that departments busiest time
of the year. We have also spoken with various homeowners who
concur with our assessment of time needed.
Necessary attachments and fee are enclosed.
215 S. Monarch St., Suite 104 Aspen, Colorado 81611 (303) 920-2180 (303) 925-5180 FAX
•
JAN ► J"�)
CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION
The undersigned owner hereby authorizes Herbert S. Klein,
P.C., attorneys and Jeffrey Yusem to process on its behalf an
application for an extension of vested development rights and minor
amendments to the conditions of the City of Aspen land use
approvals for the Valley -Hi Apartments, 1000 East Hopkins Avenue.
This authorization includes any and all necessary applications
which in any manner deal with said property.
DATED: II��lq5
VALLEY -HI DEVELOPMENT TRUST, a
Colorado general partnership
BY: ,AUSTRALIAN INVESTMENT CORPORATION,
Its (gene al Partner
By
chard Y. Neiley, Jr., Secretary and
thorized agent for Valley -Hi
Development Trust
0
ATIAaIM Nr 1 •
USE APPUCATION FOR4
0
3)
5)
6)
7)
Project Name ZL
Proj ect Location , d d o
r_
e-
(indicate street address, lot & block mm ber, legal description where
appropriate) IYL
.� � t
Pint Zoning 44)) Lot Size � 5�
V
Applicant's Name, Address & Phone # o,
Jew
Representative's Name, Address & Phone # �� / i ',92-f ',`7 0D
Type of Application (please -check all that apply):
Conditional Use Conceptual SPA Conceptual Historic Dev.
Special Review
stream Margin
Mountain i n View Plane
( ondomi ni umi nation
Lot Split,/I Line
Adjustment
Final SPA
Conceptual PUD
Final. PM
Subdivision
Text/Map AmoxIment
8) Description of Existing Uses (n mbex and type of e imt-i rg st r c cares;
approximate sq. ft. ; rKmber of bedrooms: any Previous approvals granced to the
Pz'/�Y)
9)
of Development
10) Have you attached the following?
Response to Attactmvxt 2, Mi ninm Submission scion Contents
Response to Attactmvnt 3, Specific Submission scion Cots
Rgspoa to Attac3mient 4, Review Stanch for Your Application
VZ-115,S- 2-1
CITY OF ASPEN
1PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: nl
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE:
OWNER'S NAME:
SUMMARY
1. Type of Application: fnsL
2. Describe action/type of development being requested:
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Accent Comments
Water Dept. contact for tap fee requirements
n
4. Review is: (P&Z mCC y Only) (P&Z then to CC)
5. Public H�earir4: (YES) (NO)
6. Number of copies of the application to be submitted
7. What fee was applicant requested to submit
8. Payment form Attached for signature'.(YES) (NO)
9. Anticipated date of submission:' cS-`
J
10. COMMENTS/UNIQUE CONCERNS:
frm.pre_app
0
3)
5)
6)
7)
e_
(indicate street address, lot & block comber, legal c3�xc-riT , nq� where
appropriate)
Pit Zoning 4) 'Iot Size 3 ��.
Applicant's Name, Address & Phone # c� � � l� o •L � ^-� / o
-;:-/ � J a,,41,LG,41 S' J Ui� 9 �e
Representative's Name, Address & Phone # �b� i -^� �12_ { ,-% D0
Type of Application (please . check all that apply) : _
Conditicnal Use CbrYaepb3al SPA conceptiial Hi st cri c Dev.
Special Review
8040 Greenllne
Stream Margin
Maintain View Plane
C`cgY9cmi ni ttmi zatiaal
Iot Spl i viat Lim
Adjustment
Final SPA
9) i>riTrrt i of Development App1 ica
0 a v
Final Historic c- Dev.
10) Have you attached the followirW.
Reese to Attac%nt 2, Minimm Sub i surl COUtents
Response to Attachment 3, Specific Sital ion Contents
Res.e to Attadment 4, Review Standards for Your APplication
24-6S-104. Vested property right - duration - termination. (1) A property
right which has been vested as provided for in this article shall remain vested
for a period of three years. This vesting period shall not be extended by
any amendments to a site specific development plan unless expressly author-
ized by the local government.
(2) Notwithstanding the provisions of subsection (1) of this section, local
governments are hereby authorized to enter into development agreements
with landowners providing that property rights shall be vested for a period
_ exceeding three years where warranted in light of all relevant circurnstances,
including, but not limited to, the size and phasing of the development, eco-
nomic cycles, and market conditions. Such development agreements shall
be adopted as legislative acts subject to referendum.
(3) Following approval or conditional approval of a site specific develop-
ment plan, nothing in this article shall exempt. such_ a plan from subsequent
= reviews and approvals by the local government to ensure compliance with
-the terms and conditions of the original approval, if such reviews and approv-
als are not inconsistent with said original approval.
Source: L. 87, p. 1S39, § 1.
0
•
•
CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION
The undersigned owner hereby authorizes Herbert S. Klein,
P.C., attorneys and Jeffrey Yusem, to process on its behalf an
application for an extension of vested development rights and minor
amendments to the conditions of the City of Aspen land use
approvals for the Valley Hi Apartments, 1000 E. Hopkins Ave. This
authorization includes any and all necessary applications which in
any manner deal with said property.
Dated: January 3, 1995.
OWNER:
VALLEY -HI DEVELOPMENT TRUST, A COLORADO GENERAL PARTNERSHIP
BY: Australian Invest nt Corporation, a Colorado Corporation, its
General Partner
By: 41",
Carl: B. binne e, President
yueem\cpa
JAN 1 ► 1995
CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION
The undersigned owner hereby authorizes Herbert S. Klein,
P.C., attorneys and Jeffrey Yusem to process on its behalf an
application for an extension of vested development rights and minor
amendments to the conditions of the City of Aspen land use
approvals for the Valley -Hi Apartments, 1000 East Hopkins Avenue.
This authorization includes any and all necessary applications
which in any manner deal with said property.
DATED: fit, � `J
VALLEY -HI DEVELOPMENT TRUST, a
Color4d1 general partnership
BY: ,AUS RALIAN INVESTMENT CORPORATION,
Its (9erie al Partner
0
2 chard Y. Neiley, Jr., Secretary and
thorized agent for Valley -Hi
Development Trust
663 F & 663
339 12/�:6/cl J-55: 51 Re�- �4-
n
SUBDIVISION AGREEMENT FOR 1000 EAST HOPKINS AVENUE
ASPEN, COLORADO
THIS SUBDIVISION AGREEMENT is made and entered into by
and between VALLEY -HI DEVELOPMENT TRUST, a Colorado general
partnership ("Owner"), and THE CITY OF ASPEN, COLORADO ("the City
of Aspen") pursuant to §7-1005 of the Municipal Code of the City of
Aspen.
WHEREAS, the Owner has submitted to the City of Aspen for
approval, execution and recordation the final Plat of the 1000 East
Hopkins Townhouse Condominiums for a tract of land situated within
the City of Aspen, more fully described as follows:
Lots K and S, Blocks 25 and 26, Lots
H, I and A, Blocks 25 and 26, plus
remainder of vacated Cleveland
Street,
County of Pitkin,
State of Colorado,
with a street address of 1000 East Hopkins Avenue, Aspen, Colorado
81611 (the "Plat"); and
W1HEREAS, the City of Aspen has fully considered and
reviewed the Plat and has determined that it is consistent with the
provisions, te=s and conditions of that certain Ordinance granting
subdivision approval with conditions, which Ordinance was aonroved
by the Aspen City Council on June 10, 1991 (hereinafter "Ordinance
No. 8, Series of 1991,1); and
k EREAS, the City of Aspen has imposed certain conditions
and recuirements in ccrnectien with its approval, execution and
recordation of the Plat and the granting of� approval pursuant to
Ordinance No. fir Series of 1991, such matters being deemed neces-
sary to promote, protect and enhance the public welfare; and
,,-:.AREAS, 0,w-ner is willing to ackncY:ledae, accept, abide
by and faithfully perform the conditions and requirement_ 'mposed
by the Ci v of Aspen in aperovLnc the Plat; and
Y :CRSAS, under the au-t:ncrity of Ch pte_ 24, _ _cle 7,
Section 7-1005(C) and (D) o- the ?=u :icipal Code of tine City o-
z spen, the City of Aspen is entitled to security and assurance that
the matters hereinafter agreed to will be faithfully pe_fcrmed by
Owner.
NOW, THEREFORE, in consideration of the foregoing
premises, the mutual covenants contained herein, and the approval,
execution and acceptance of the Plat for recordation by the City of
Aspen, it is mutually agreed as follows:
1
15: 51 Rec
$45. C<%
Bf; 663 F'G 864
Silvia
e , P4tEin
L'in Cty
�
'Jerk.
Do • fac'i
I. GENERAL DEVELOPMENT PLAN
By Ordinance No. 8, Series of 1991, the City of Aspen has
granted the Owner approval for the demolition of existing improve-
ments on the subject Property and for the construction of four
free-market condominium units with a permissible floor area ratio
totalling approximately 13,380 square feet for the free market
units, and for four deed restricted affordable housing units
containing not less than 750 square feet each (50% of which shall
be above grade). The total permissible floor area ratio for the
subject property shall not exceed 1.1:1 on parcel 1 of the subject
Property. Two-thirds of the additional .1 floor area ratio shall
be used for affordable housing. All improvements shall be
constructed in accordance with the Plat submitted to and approved
by the City of Aspen.
II. STREAM MARGIN REVIEW AND DEDICATION OF TRAILS
1. Stream Margin Review. No development shall be
permitted within one hundred feet, measured horizontally, from the
high water line of the Roaring Fork River, such high water line as
depicted on the Plat. All approved development shall take place
entirely within parcel 1.
2. Dedication of Trails.
(a) Fisherman's Easement. Owner hereby dedicates
a fisherman's easement in the Roaring Fork River including t e land
measured five feet horizontally from the edge of the river as
depicted on the Plat.
(b) Trail Easement. Owner herebv dedic-ates a
fifteen foot wide trail easement within the one hundred year flood
plain as depicted on the Plat.
T-II . PT_u-�NED UNTT DEVE_:OP?=N'T_' P� PROV.riL A_'D VA-RTANCE3
1. Rear Yard Set -Back Variance. Owner shall be
pEr:aitted to construct improvements on the subject Property with a
zero rear vard set -back between parcel 1 and the City of Aspen
a__ey-riay, limited to the building footprint necessary to accommo-
cate the a=fordable housing units as depicted on the Plat.
2. Height VarJ arse O:ti-ne_ shall be permitted to
increase the permissible hei-c .t for the north two-thirds of the
improvements on the subject Property by two feet.
3. Parking Requirements . Owner shall be re(.--i_ed to
construct twelve parking spaces in the underground parking area.
Parking spaces shall be assigned one to each affordable ^ousing
unit and two to each free market housing unit. No other }arking
shall be required. Affordable housing unit owners shall not be
precluded from using free market unit parking spaces on a space
available basis and so long as such use does not interfere with
free market unit owners' use of the parking spaces.
2
#'_ - .-mac. /06/1 1 15: 51 RFc S4C. c;i; 663 FCC 665
i.lvia Pitkir, Cr. ty C1er•:7 g,i;i:
4. Limitation on Development of Parcel 2_. No further
development shall be permitted on parcel 2 of the subject Property.
IV. CQNDOMINIUMIZATION AND DEED RESTRICTIONS
1. Condominiumization. Owner shall be permitted to
condominiumize the free-market and the affordable housing units in
the configurations depicted on the PUD plan. Owner shall cause to
be recorded a Condominium Declaration and Condominium Plat covering
all of the condominium units.
2 . Minimum Lease Terms . All residential, units shall be
restricted to six month minimum leases, with no more than two
shorter tenancies per year in accordance with §7-1007A.1(b) of
Chapter 24 of the Municipal Code of the City of Aspen.
3. Affordable Housing Impact Fee. Because Owner shall
construct four affordable housing units on the subject Property,
the obligation which would otherwise exist pursuant to 97-
1007A.l(c) of Chapter 24 of the Municipal Code is hereby waived.
4. Deed Restriction of Affordable Housing Units. The
affordable housing units shall be deed restricted, and Owner shall
enter into resale agreements with the Aspen/Pitkin County Housing
Authority providing for the following:
(a) Each of the affordable housing units shall be
separately condominiumized, with the Condominium Plat depicting
each unit as containing at least 750 square feet, two bedrooms,
with at least 50% of the scruare footage being above grade.
(b) The affordable housing units, with the
exception of the initial sale by Owner to purchasers, shall be
listed through the Aspen/Pitkin. County Housing Authority.
(c) For purposes of sale, three of the u^its shall
be deed restricted to middle income (that is, the highest income
category, or category four) price guidelines. One unit shall be
deed restricted to moderate income, category three price guide-
lines.
(d) For rental purposes, all of the affordable
housing units shall be deed restricted to moderate income, catecerJ
two price guidelines, but in no event shall the square footage
rental be less than $0.89.
(e) For purposes of qualifying purchasers and/or
renters of the affordable housing units, Owner shall rely upon any
of the crualification guidelines for any income category as such are
established from time to time by the Aspen/Pitkin County Housing
Authority.
(f) Owner shall be entitled to sell an affordable
housing unit in conjunction with the sale of a free-market unit
regardless of whether or not the purchaser qualifies under afford-
3
#k 39C5G 12/06/91 15: 51 Rec $45. C?(7_) P*:: 663 F'G 866
G•ilvie. L.av* Pitk:in Cnty Clerk::, Doc •QQ
able housing guidelines; provided, however, the affordable housing units shall be occupied by a qualified employee.
(g) Upon, issuance of a building permit for
improvements to the subject property, Owner shall pay to the
Aspen/Pitkin County Housing Authority a cash -in -lieu amount of
$45,000.00.
V. CONSTRUCTION AND IMPROVEMENTS
1. Water. Owner shall extend the existing service
water line to service the building sites. Domestic water shall be
obtained through the City of Aspen Water Department.
2. Sewer Line. Owner shall extend the existing sewer
line to service the building sites. Sewer service shall be
provided through the Aspen Consolidated Sanitation District.
3. Improvement District. O•W-ner shall join an improve-
ment district if such district is formed. .
4. Fire Alarm Svstem. Fire alarm and sprinkler systems
shall be designed and installed in accordance with the requirements
of the Fire Marshall.
5. Vegetation/Erosion. Vegetation protection and
erosion control methods shall be installed at the northern
perimeter of parcel 1 prior to excavation and clearing and shall
remain in place throughout construction.
6. Demolition. Demolition of the existing apartment
building on the subject Property shall not occur prior to issuance
Of a building permit for new construction, unless deterioration or
casualty to the existing structure requires demolition for health
and/or safety purposes.
VI. NON-COKPLIANCE AND REQUEST FOR AIKENDMEN`T'S
OR EXTENSIONS EY O-WNER
In the event that the Ci tv of Aspen determines that Owner
is not acting in substantial compliance with the terms cf t is
Acreement, the City of Aspen shall notify the Owner in writing
asking that the 0•w-ner remedv the alleged non-compliance within such
reasonable time as the City of As -.)en may determine, but not less
than forty-five days. If the City of Aspen determines that owner
has not complied within such time, the City of Aspen may issue and
serve upon Owner a written order specifying the alleced non-
compliance and r&=uirine the Owner to remedy the same within thirty
days. Within twenty days of the receipt of such order, Owner may
file with the City of Aspen either a notice advising the City of
Aspen that he is in compliance or a written petition rec-uesting a
hearing to determine one or both of the following matters:
did exist, or
(a) Whether the alleged non-compliance exists or
4
:=
i _�C�F/cj.�i 91 5:�. F= S671��
Si1Viris. Fit'kiri Cnty Cierv:
55..i_i(_i
(b) Whether a variance, extension of time or
amendment to this Agreement should be granted with respect to any
such non-compliance which is determined to exist.
Upon receipt of such petition, the City of Aspen shall
promptly schedule a hearing to consider the matters set forth in
the order and in the petition. The hearing shall be convened and
conducted pursuant to the procedures normally established by the
City of Aspen for other hearings. If the City of Aspen determines
by a preponderance of the evidence that a non-compliance exists
which has not been remedied, it may issue such orders as may be ap-
propriate; provided, however, no order terminating any approval
granted herein shall be issued without a finding of the City of
Aspen that substantial evidence warrants such action and affording
the Owner a reasonable time to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or for
which no variance has been granted may, at the option of the City
of Aspen, and upon written notice to the Owner, terminate any of
the approvals contained herein which are reasonably related to the
requirement(s,) with which Owner has failed to comply. Alternative-
ly, the City of Aspen may grant such variances, extensions of time
or amendments to this Agreement as it may deem appropriate under
the circumstances.
In addition to the foregoing, the Owner or his successors
or assigns may, on his own initiative, petition the City of Aspen
for a variance, an amendment to this Agreement or an extension of
one or more of the time periods required for performance under the
Construction Schedules or otherwise. the City of Aspen may grant
such variances, amendments to this Agreement, or extensions of time
as it may deem appropriate under the circumstances.
VII. EAS-_`FNTS OF RIGHTS -OF -WAY
The Plat sets forth certain easements and rights -of -way
for the use of the owners of the improvements on the Propertv and
the general public and which arb dedicated to the perpetual use of
all utility companies and providers for the purpose of installing,
constructing, replacing, repairing and maintaining underground
utilities and drainage facilities, as more fully set forth on the
Plat.
VIII. FINPNCI:.L. ASSURANCE
At the time Owrn proposes to construct improvements on,
the subject Property, a letter of credit or other financial secur-
ity in a form and amount reasonably satisfactory to the City of
Aspen shall be provided as security for the completion of such
improvements, which amount shall be based upon the estimated costs
of constructing said improvements as reflected on the engineer's
estimates attached hereto as Exhibit "A," unless such financial
security is waived by the appropriate administrative body. Such
restrictions as appear on the Plat and as are contained in this
Agreement shall be fully enforceable by the City of Aspen in
accordance with the terms hereof and applicable law, and Owner's
5
#}'- c801c.'6%91 15: C1 Reg 4�. c:?c:; 663 FG 86e
Si1VJ.E, ice, Piti:in Casty Clerk, C�.(?(j
entitlement -to development.of the subject Property reflected on the
Plat shall be dependent upon its performance of the obligations and
conditions set forth herein.
IX. G . M . O . S . EXEMIDTION
Pursuant to §8-107 (A) of Chapter 24 of the Municipal Code
of the City of Aspen, Owner has been granted Growth Management
Quota System exemption for the replacement of four free-market
units and the construction of four affordable housing units on the
subject Property.
X. VESTING OF RIGHTS
In accordance with §6-207 of Chapter 24 of the Municipal
Code of the City of Aspen, applicable state statutes, and Ordinance
No. 8, Series of 1991, Owner is hereby granted vested property
rights for the purpose of constructing the improvements on the
subject Real Property for a period of three years from the
effective date of said Ordinance.
XII. MISCELLANEOUS
1. The provisions hereof shall be binding upon and
inure to the benefit of Owner and the City of Aspen and their
respective successors and assigns.
2. This Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado.
3. If any of the provisions of this Agreement or any
paragraph, sentence, clause, phrase, word or section cf the
application thereof in any circumstances is invalidated, such
invalidity shall not affect the validity of the remainder of this
Agreemenp, and the application of any such provision, paragraph,
sentence, clause, phrase,* word or section in any other circu.;.stance
shall not be affected therebv.
4. This Subdivision Agreement contains the entire
understanding between the parties with respect to the transactions
contemplated hereunder and may be altered or amended from time to
time only by written instr,.:ments executed by all parties hereto.
5. Nu_merical and title headings contained in this
Agreement are for convenience only, and shall not be deemed
determinative of the substance contained herein. As used herein,
where the context recruires, the use of the singular shall include
the plural and the use of any gender shall include all genders.
6. Notices to be given to the parties to this Agreement
shall be considered to be given if delivered or if deposited in the
United States mail to the parties by registered or certified mail
at the addresses indicated below, or such other addresses as may be
substituted upon written notice by the parties or their successors
or assigns:
0
663 F'G 869
*f3 S 1C/06/91 1-: �1 F:ec $4 _, c Rr:Eoc
The City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Attn: Planning Director
Valley -Hi Development Trust
c/o Richard Y. Neiley, Jr., P.C.
201 North Mill Street, Suite 102
Aspen, Colorado 81611
7. The terms, conditions, provisions and obligations
herein contained shall be deemed covenants that run with and burden
the real property more particularly described herein hereto and any
and all owners thereof, their successors, grantees or assigns and
further shall inure to the benefit of and be specifically enforce-
able by or against he parties hereto, their successors, grantees or
assigns.
8. Owner represents and warrants that he is the fee
title owner of the subject parcel with full authority to enter into
this Agreement, and that any and all persons, firms or entities
having any lien, encumbrance or interest in the property have
consented to the dedications, restrictions and conditions of
approval set forth herein.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed their hands and seals on the dates and years respectively
indicated, in full understanding agreement to the termns and
conditions herein contained.
Date: (� l i �� l C. �•
i
Owner:
VALLEY HI -DEVELOPMENT TRUST
BY:, IAUSTRALIAN INVESTMENT COP- . ,
,; a`. general. partner
By"-
lRichard Y.`Neiley, Jr., Secretary
The City of Aspen:
THE CITY OF ASPEN
Date:
Ev
7
S'.. v;. L�.vi � - `` `"=c ��-. �)(_ r�:. 66.3 F•h 870
F'_tkin +
STATE OF COLORADO )
COUNTY OF PITKIN )
The foregoing Subdivision Agreement was acknowledged and
signed before me this /r: day of // f:-- ,
Y.. .,Neiley, Jr. as Secreta . 1991, by Richard
Secretary of Australian Investment Corp., a
'general partner of VALLEY -HI DEVELOPMENT TRUST.
WITNESS my hand and official seal.
My commission expires: . %-' •'e ^ f
Notary Public/ G
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing Subdivision agreement was acknowledged and
,signed before me this ,��` day of �n� �� 1991, by
'= n c1'A � on behalf of the City Council of the City of
Aspen.
WITNESS my hand and official seal.
My commission expires:
Notary Public
c:\act\cvntry.dnn\subdjvjG.ag:-
M.
, F'i n Cnt.y Cier1:,�J'=
NOTICE OF PUD DESIGNATION
PLEASE TAKE NOTE that on the loth day of June, 1991, the
City Council of Aspen, Colorado, approved development on the
following described tract as a Planned Unit Development pursuant to
the provisions of Chapter 24 of the Aspen Municipal Code. No
development shall occur on the tract except in accordance with such
development order and under any conditions that may be imposed
thereby. The above referred to land is located within the City of
Aspen, Pitkin County, Colorado, and is more fully described as
follows:
Parcel One
A parcel of land situated in E.A.A.T. and more fully described as
follows: Beginning at the SW Cor. of Lot S, Elk. 26, E.A.A.T.,
thence N 14050'49" E 100.0 Ft.; thence S 75°09111" E 135.32 Ft.;
thence S 14°50'49" W 100.0 Ft.; thence N 75*09111" 135.32 Ft.
Parcel Two
A parcel of land situated in E.A.A.T. and more fully described as
follows: Beginning at the SW Cor. of Lot H, Elk. 26, E.A.A.T.,
thence N 14050149" E 29.11 Ft. ± to the point of intersection with
Line 9-10 of said E.A.A.T.; thence along said line S 74°12' E
165.34 Ft. ±; thence S 14050149" W 26.36 Ft. ±; thence N 75°09'11"
E 165.32 Ft. to the Point of Beginning,
County of Pitkin,
State of Colorado.
A cony of the Planned Unit Development Final Development Pl7-n is of
record in the office of the Pitkin County Clerk and Recorte .
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN }
The for,ecoing
before me this �� day
Koch, City Clerk.
City Clersc"
inst.---l-lent was acknowle-dged and: sicned
o f10 01, by Kathryn S.
WITNESS my hand and official seal.
My commission
Notary) Public
0
Recorded at
Reception No.
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Richard Y. Neiley, Jr.
600 East Hopkins, Suite 3
Aspen, Colorado 81611
BOOK v U 0 rNut v z
•
o'clock .m.
r
Recorder
c, ,=
CD
N
�>
w
rn
w
a
GENERAL WARRANTY DEED
1000 EAST HOPKINS PARTNERSHIP, a Colorado general
partnership, Grantor, for Ten Dollars ($10.00) and other good and
valuable considerations, in hand paid, hereby -sells and conveys
to VALLEY -HI DEVELOPMENT TRUST, a Colorado general partnership,
Grantee, whose address is c/o Richard Y. Neiley, 600 East
Hopkins, Suite 3,. Aspen, Colorado 81611 the following real
property in the County of Pitk�in, State of Colorado to wit:
LOTS H AND I, IN BLOCK 26, LYING WITHIN THE
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE
OF ASPEN, according to the Plat thereof
recorded as Document No. 108453 in Ditch Book
2A at Page 252 of the records for Pitkin
County, together with a tract of land
situated in East Aspen Townsite described as
follows:
---�-".— ---"";
Beginning at the Southwest corner of LOT S,
..____..... . _.
BLOCK 26, EAST ASPEN ADDITIONAL TOWNSITE, as
shown on the recorded Plat thereof; thence
JUL2 5 !G^3
orth 14150' 49" East 100 feet along the West
Me
�`
of Lot S to the Northwest corner of Lot
OD,
thence South 75009111" East 135.32 feet;
_��_hence South 14050'49" West 100 feet; thence
North
75009111" West 135.30 feet to the point
of beginning.
%-'ith all its appurtenances and warrants title to the same,
Si:'uECT TO AND EXCEPTING: General taxes for 1988 Ua,,,able January,
1, 1989; richt of way for Ditches cr Canals constructed hv the
authority of the United States as reserved in United States
Patent recorded in Book 185 at Pace 69; Deed of Trust from 1000
East Hopkins Partnership, a Colorado general partnership to the
Public Trustee of Pitkin county for the use of Pitkin County Bank
and Trust Company to secure $472,500.00 dated April 15, 1988
recorded April 15, 1988 in Book 561 at Page 316 as reception no.
299209; Extension of Deed of Trust dated , 1988
recorded in Book at Page ; Assignment of Rents recorded
April 15, 1988 in Book 561 at Page 316 and security interest
under the Uniform Commercial Code notice of which is given by
Financing Statement from 1000 East Hopkins Partnership, a
BOON MU PAGEJ48
0 •
Colorado general partnership, Debtor to Pitkin County Bank and
Trust Company, Secured Party, recorded April 15, 1988 as Filing
No. 11546, recorded in Book 561 at Page 322; and in the event of
any default by Grantor under the Deed of Trust from 1000 East
Hopkins Partnership to the Public Trustee of Pitkin County for
the use of Pitkin County Bank & Trust Company to secure
$472,500.00 dated April 15, 1988, recorded April 15, 1988 in Book
561 at Page 316, as Reception No. 299209, Grantee shall have the
right to cure such default by making any and all necessary
payments or by taking any and all action necessary in connection
therewith, in which case, Grantee shall be entitled to set off
such amounts as may reasonably be incurred as a consequence of
such default against any monies it owes or may owe Grantor.
Signed this day of
STATE OF COLORADO )
) s=
COUNTY OF PITKII`; )
1988.
1000 EAST HOPKINS PARTNERSHIP,
a Colorado general partnership
BY: CITY CAPITAL CORPORATION,
a California corporation and
General Partner of 1000 East
Hopkins Partnership
BY:
Morton A, H ler, President
BY: SYNERGY PARTNERS, a
Colorado general partnership
and General Partner of 1000
East Hopkins Partnership
B Y :
Roberta Allen,
General Partner
The foregoing General Warranty Deed was acknowledged
before me this ���i"-=� day of 7-(J\/ , 1988 by MORTON A.
HELLER, President of City Capita. Corporation, a California
corporation and General Partner of 1000 East Hopkins Partnership,
a Colorado general partnership.
WITNESS my hand and official
My commission expires:
Vinc3nt J. HiganslNotary PL't:iic
ky Comm;--ticn 3xpircz 1"*2,31C0.
E01 E. F'.oFkins
Ar,:•en, Cctorsdo Blo-11
seal.
J—m —X
Notary Publtc
.�
sou 560 PAGc.349
ACKNOWLEDGMENT PAGE TO
GENERAL WARRANTY DEED
STATE OF COLORADO
COUNTY OF PITKIN
The foregoing General Warranty Deed was acknowledged
before me this 4154�\__ day of t\/ , 1926_ by ROBERTA
ALLEN, General Partner of Synergf Partners, a Colorado general
partnership and General Partner of 1000 East Hopkins Partnership,
a Colorado general partnership.
WITNESS my hand and official seal. +a010� d0>'
My commission expires:1kov
• ;;�'Jd'.
s�0'14N•
N tary Pldliyl
Vincent J.'40!� is/Notary Public
W Commission oxp4ma 12/2e/9(
601 E. Hopkins
Aspen, Co orado 61611
#350764 0/16/9-2 08:42 Rec 00
P694 F'G 467
Silvia Davis, Fitkin Cnty Clerk. Doc
ORDINANCE NO. 57
/l (SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A ONE YEAR
EXTENSION OF VESTED RIGHTS APPROVED BY ORDINANCE 8, SERIES 1991 FOR
THE FOR THE DEVELOPMENT PLAN APPROVED FOR THE 1000 E. HOPKINS
PARCEL (A.K.A. THE VALLEY HI APARTMENTS), LOTS A,H,I,K,AND S,
BLOCKS 25 AND 26, CITY OF ASPEN, COLORADO
WHEREAS, pursuant to Section 24-6-207 of the Municipal Code,
the City Council may grant vested rights status for a site specific
development plan; and
WHEREAS, upon the adoption of Ordinance 8, Series 1991, the
Applicant received approval for the redevelopment of the subject
property as well as vested rights extending for three years from
the approval date of said ordinance; and
WHEREAS, due to the deteriorated condition of the existing
apartments on the site, the owners must make numerous repairs to
continue the livability of the units which are occupied b
r p Y
employees of the community, until such time that the project is
demolished and replaced by the development approved in 1991; and
WHEREAS, because of the cost of such repairs the Applicant
requested a one year extension to the vested rights approved by
Ordinance 8, Series 1991 in order to allow a greater timeframe to
recover the costs through rents; and
WHEREAS, the Planning Office, having reviewed the application
recommends approval of the extension of vested rights for a period
of one year beyond the vested rights approved in Ordinance 8,
Series 1991; and
WHEREAS, the Aspen City Council having considered the Planning
\ Office's recommendations for the extension of vested rights does
1
•
#350 f 64 11 6/92 US: 42 Rec $25. 00 $f:: 694 FG 46e
Silvia Davis, F'itk:in Cnty Clerk:, Doc $.(-)(-)
wish to grant the requested extension of vested rights for one year
l beyond the approval pproval granted in Ordinance 8, Series 1991 for the
1000 E. Hopkins parcel, finding community benefit in the
improvements to the employee housing until said., property is
redeveloped.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1•
Pursuant to Section 24-6-207 of the Municipal Code, City
Council does hereby grant the applicant a one year extension for
the vested rights approved by Ordinance 8, Series 1991 for the
1000 E. Hopkins parcel as follows:
1. The Valley Hi Apartments shall be maintained in a clean
1 and orderly condition until such time as they are
/ demolished prior to redevelopment pursuant to Ordinance
8, 1991.
2. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for a
total of four (4) years from June 10, 1991, the date of
final adoption of Ordinance 8, Series 1991. However, any
failure to abide by the terms and conditions attendant
to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly
record all plats and agreements as specified herein and
or in the Municipal Code shall also result in the
forfeiture of said vested rights.
2
#350764 11/16/922 08:422 Rec 25.O- Bk:: 694 PG 469
Silvia Davis, Fitk:in Cnty Clerk:, Doc.cjcj
3. The approval granted hereby shall be subject to all
rights of referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall
exempt, the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or
the general rules, regulations or ordinances of the City
provided that such reviews or approvals are not
inconsistent with the approvals granted and vested
herein.
5. The establishment herein of a vested property right shall
not preclude the application of ordinances or regulations
which are general in nature and are applicable to all
property subject to land use regulation by the City of
Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this
regard, as a condition of this site development approval,
the developer shall abide by any and all such building,
fire, plumbing, electrical and mechanical codes, unless
an exemption therefrom is granted in writing.
Section 2•
The City Clerk shall cause notice 'of this Ordinance to be
published in a newspaper of general circulation within the City of
Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
3
•' #75i) r 64 A& 6/9- 08: 422 Rec $^5 • � iCG EAW4 F'G 470
Silvia Davis, Pitkin Cnty Clerk, Doc •i?�-�
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following -
described property:
"1000 E. Hopkins, Lots A,H,I,K,and S, Blocks 25 and 26"
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 3•
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the-Pitkin County Clerk and Recorder.
Section 4•
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5•
This Ordinance shall not effect any existing litigation and
shall not operate as an abatement of any action or proceeding now
pending under or by virtue of the ordinances repealed or mended
as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 6•
CP
A public hearing on the Ordinance shall be held on the r
day of '9;m,C�1.992 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
4
• #35i 7 64 1 1 / 1 C c i8 : 4C Rec $- 5. (-)cj ELK: 69•G 471
Silvia Davis, itk:in Cnty Clerk, Doc
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the �3 day of
1992.
L l�
John kennett, Mayor
rr
ATTTSY:4
Rath, City Clerk
`-n PiNALI+Y, adopted, passed and approved this
/ 1992.
} A�
Rach, City Clerk
J
5
i�
Joh 'Bennett, Mayor
day of
wl
*1 �AA�A CA `lFc-:-
%
1114'49•E IQ9 04IQ9 OQ�
/ 14•SO•
�11t�r
—"
—
f•*mf stoc wo
/
-
64 2
I
/
I
�
I
I
f
w
CIL
~ V
C TED " 'CLEVELAND
'
•
_
♦�
1
N �
1
�
\�
•
=
1
1
•, y
o-
i
l
' �� i _
.. T f ►�f tnl %
11• SO 19 1M —7 — 100.00
IH'40
f
0
0
V,L115,5- 2-
CITY OF ASPEN
1PRE-APPLICATION CONFERENCE SUMMARY
PROJECT • n�
APPLICANT' S REPRESENTATIVE:
REPRESENTATIVE'S PHONE:
OWNER'S NAME:
SUMMARY
1. Type of Application:
l
2. Describe action/type of development being requested:
J
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Agent
Comments
I v -
i I
J _
4. Review is:� (P&Z niy CC Only) (P&Z then to CC)
5. Public HeearirYg:(YES) (NO)
6. Number of copies of the application to be submitted.�-2
7. What fee was applicant requested to submit:
8. Payment form Attached for si gnature (YES). (NO)
9. Anticipated date of submission:' `,do
10. COMMENTS/UNIQUE CONCERNS:
frm.pre_app
AMENDMENT TO SUBDIVISION AGREEMENT
FOR 1000 EAST HOPKINS AVENUE, ASPEN, COLORADO
THIS AMENDMENT is made this � day of February, 1995,
by and between VALLEY -HI DEVELOPMENT TRUST, a Colorado general
partnership ("Owner") and THE CITY OF ASPEN, COLORADO (the "City of
Aspen").
WHEREAS, the parties entered into that certain Subdivi-
sion Agreement For 1000 East Hopkins Avenue, Aspen, Colorado
("Subdivision Agreement"), recorded in the real estate records of
Pitkin County on December 12, 1991 in Book 663 at Page 863, in
connection with subdivision approvals for 1000 East Hopkins
Townhouse Condominiums, which approvals apply to the following
described real property:
Lots K and S, Blocks
A, Blocks 25 and 26,
Cleveland Street,
County of Pitkin,
State of Colorado;
and
25 and 26, Lots H, I and
plus remainder of vacated
WHEREAS, subsequent to the execution and recordation of
the Subdivision Agreement, the parties have discovered a conflict
within the Agreement contained at Article II, paragraph 1, entitled
"Stream Margin Review"; and
WHEREAS, the parties desire to clarify and correct the
Subdivision Agreement as hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing
premises and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. The parties agree that the Subdivision Agreement
shall be amended as follows. Article II, paragraph 1 "Stream
Margin Review" which presently reads as follows:
No development shall be permitted within one
hundred feet, measured horizontally, from the
high water line of the Roaring Fork River,
such high water line as depicted on the Plat.
All approved development shall take place
entirely within parcel 1.
shall be deleted in its entirety and replaced with the following
language:
No development shall be permitted within one
hundred feet, measured horizontally, from the
high water line of the Roaring Fork River,
such high water line as depicted on the Plat,
unless such development has been reviewed and
approved under the City of Aspen's Stream
Margin Review Regulations. All approved
development shall take place entirely within
parcel 1.
2. Except as expressly modified herein, all of the terms
and conditions and approvals of the Subdivision Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is executed the day
and year first above written.
Owner:
THE CITY OF ASPEN VALLEY -HI DEVELOPMENT TRUST
BY: AUSTRALIAN INVESTMENT CORP.,
A GENERAL PARTNER
r
By l By
I
1
t_ac,C 2G
�,
i1LLEy - Bt_oc� 25
�
�
L�
/35,31•
rp,'�.��
�
L��+E N•75�oq'I
//"w, j
ray. �, _c•':•�'� _
�
_ _ ._ ._ _
4A1c/}t58�GACL�N LbVEL
p
$ CL.
0
`
!2"D FLLnA2 L6Yr.L_
.
yl
1QGY�F %�EG.iC LEVEL
-�
a
`in
)Yom, S-AR�my
-75ZC—I — -- 1
h
-----3- ---13 -
-.- - cl -12
�wj
--
71
----a- - --13--
_
r..
PRA7� P-.TyviUt.j
C
t
vzirsy
w
�+.
oN
T
LiniE
N.-75`
' IV.
1 �
•
O'-O' 31015'-G" 9'-0•
8'-0' 9�0-
•
45 r-TS. fl.,404
•
0
ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and vsewr oti
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT h s submitted to CITY an application for
(hereinafter, THE PROJEeT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he Nvill be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information ; o the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
•
P�
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
By: t�
Diane Moore
City Planning Director
2
APPLICANT
By:o�-
Mailing Address: o•r.• fr
Date: