HomeMy WebLinkAboutcoa.lu.sr.202 N Monarch St.0023.2011.aslu THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0023.2011.ASLU
PARCEL ID NUMBERS 2737 073 17 031
PROJECTS ADDRESS 202 N. MONARCH ST
PLANNER SARA ADAMS
CASE DESCRIPTION TEXT MAP amendment
REPRESENTATIVE MITCH HAAS
DATE OF FINAL ACTION 8 .27.12 (APP WITHDRAWN)
CLOSED BY ANGELA SCOREY ON: 8.30.12
C' 17 0 3 t o023 :ZD ! I -A&
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Routing Status Fees j Fee Summary Main Actions +Attachments Routing History 'Valuation ArchjEng ,Custom Fields 5ub Permits l
perk# 0023.2011.ASLU As en Land Use
Address 202 N MONARCH ST
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aty ASPEN state F7 Zip 81611
Perms Information .
Master permit Routing queue aslu07 Applied 4l14f2011
Project status Fending Approved
Description APPLIATION FOR REZONING AND AMENDMENT TO ORDINANCE No.2 SERIES OF Issued 1
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Submitted MITCH HAAS 925 7819 Clock Running Days F75 Expires 4�8t2012
Submitted via
Owner
Last name CH EQUITY VENTURE,LLC I First name GARRETT 2950 E BROAD STREET,
Phone (970)544-4602 Address COLUMBUS OH 43209
Applicant"
Q Owner is applicant? Contractor is applicant?
Last name GULCH EQUITY VENTURE,l First name GARRETT 2950 E BROAD STREET
— COLUMBUS OH 43209
Phone (970)544-4602 Cust# 29005 Address j
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Lender l
Last name First name
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Phone ( Address
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Jennifer Phelan
From: Mitch Haas [mitch @hlpaspen.com]
Sent: Monday, August 27, 2012 11:35 AM
To: Jennifer Phelan
Subject: RE: what's going on with Blue Vic rezoning?
Okay, I just got word that the client is fine with having that application withdrawn and getting whatever
refund is available to them. Please consider this email as a formal withdrawal of the application.
Best,
Mitch
Mitch Haas
Haas Land Planning,LLC
201 N. Mill Street,Suite 108
Aspen,CO 81611
Phone:(970)925-7819
Fax:(970)925-7395
Email:mitch@hlpaspen.com
APlease consider the environment before printing this email
t..enridentiality note The above any xlac rronts contain imorn atio n lh q may be confidential and/or or r =i:qod.The into nation is for t-Ie a se of the.
indivisi:aal or ontity or;giinaHy intended. if you arc,not the rat.nded r;cii ieni,any d!5. cs ire.=opyiog,distribution o of this in' rmation!s proh.b tod.if this
tr,an snnission is received in 1 for,,aio,ise mmodiateiv°,h.t:r,trio sender an€d dolo!o th s wc.:r.w e and its attachmonts,if ariv,
From: Jennifer Phelan [mailto:Jennifer.Phelan @ci.aspen.co.us]
Sent: Tuesday, August 14, 2012 2:37 PM
To: Mitch Haas
Subject: what's going on with Blue Vic rezoning?
I'm going through files and blew the dust off of this one. Do you want to withdraw and get a refund?
Jennifer Phelan,AICP
Deputy Planning Director
Community Development Department
City of Aspen
130 S. Galena St.
Aspen, CO 81611
970-429-2759
www.aspenpitkin.com
Email secured by Check Point
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LEGEND AND NOTES
O FOUND SURVEY MONUMENT AS DESCRIBED
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POSTED ADDRESS '202-
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DATED:MAY 1. 2005
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12. 2006 IN PLAT BOOK EO AT PAGE 4 A9 RECEPTION N0.526121. IN THE
—Alk OFFICE OF THE CLERK AND RECORDER OF PITKIN CGUNTY, COLORADO.
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HAAS LAND PLANNING , LLC
RECEIVED
April 13, 2011
APR 13 2011
Ms. Sara Adams CITY OF ,PEN
City of Aspen Community Development Department COMMJNITY DEVELOPMENT
130 South Galena Street
Aspen, CO 81611
RE: Amendment to Ordinance No. 2, Series of 2006, and Rezoning for Lot 2 of the
202 North Monarch Subdivision
Dear Sara:
Please consider this letter and the attached exhibits as a formal request for approval of an
amendment to Ordinance No. 2, Series of 2006, and a rezoning of Lot 2 of the 202 North
Monarch Subdivision from Mixed Use (MU) to R-6, Medium Density Residential. The
property is located on East Bleeker Street, immediately west of the Jerome Professional
Building. The Parcel Identification Number is 2737-073-17-031. The vicinity map
below shows the site's location (cross-hatched in red)relative to the surrounding area.
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Vicinity Map—Lot 2,202 North Monarch Subdivision
• 201 N. MILL STREET, SUITE 108 • ASPEN, COLORADO • 8161 1
• PHONE: (970) 925-7819 • FAX: (970) 925-7395 •
Background and Existing Conditions
In 2006, an application seeking approvals for the subdivision of 202 North Monarch
Street (Lots K-O, Block 78, City and Townsite of Aspen) was submitted to the City by
the then owners of the property. The 15,000 square foot property contained two separate
zoning designations: the westernmost 9,000 square feet (Lots K-M) was zoned R-6
(Medium-Density Residential), and the easternmost 6,000 square feet (Lots N-O) was
zoned Mixed Use (MU). The property was subdivided into two parcels pursuant to
Ordinance No. 2, Series of 2006 (the "Ordinance," recorded at Reception No. 526318), as
follows: Lot 1 (Lots K-M) contained 9,000 square feet and maintained its R-6 zoning,
while Lot 2 (Lots N and O) contained 6,000 square feet and maintained its MU zoning.
Prior to the Ordinance being adopted, the Aspen Planning and Zoning Commission
("P&Z") approved Resolution No. 37, Series of 2005 (the "Resolution"), recommending
that Council approve, with conditions, the subdivision of the property.
During the entitlements process, Council met six times to consider and then reconsider
what to do about the platted but unimproved alleyway and vehicular access to the parcels.
Council finally decided to require that vehicular access to Lot 1 be provided via a new
curb cut off of East Bleeker Street, while access to Lot 2 would have to be provided by
improving and opening the easternmost 145 feet of the Block 78 alley from North Mill
Street (between the 225 North Mill Street Moss Entertainment/Old KSPN Building and
the 201 North Mill Street Jerome Professional Building ("the "MB")).
Lot 1 has since been condominiumized into Units A and B, and two single-family homes
have been built (one of which remains under construction). The required curb cut was
made, and shared vehicular access for these two homes is now provided on Lot 1 via East
Bleeker Street. Sidewalk, curb and gutter have also been installed along only the Lot 1
frontage on East Bleeker Street.
Lot 2 remains undeveloped but still maintains an East Bleeker Street curb cut, separate
from the one that now serves the two homes on Lot 1. The platted alley remains
unimproved and intersects the North Mill Street right-of-way approximately 10 to 15 feet
below the JPB parking lot curb cut.
Proposed Development
The applicant, Garrett Gulch Equity Venture, LLC, owns Lot 2 of the 202 North Monarch
Subdivision (the 6,000 square foot lot that was originally Lots N-O, Block 78). The
applicant would like to develop the property with either a single-family home or a duplex.
The applicant is requesting an amendment to Section 7 of the Ordinance to allow for the
vehicular access to Lot 2 to come from the already existing curb cut that currently serves
Units A and B (Lot 1), and/or from the alley. Under this proposal, sharing the existing
Lot 2,202 North Monarch Subdivision 2
Lot 1 driveway would be allowed only if Lot 2 is developed with a single-family home or
duplex. The existing Lot 2 curb cut on East Bleeker would be eliminated and curb, gutter
and sidewalk would be installed in its place to adjoin the similar improvements existing
on the East Bleeker Street frontages of Lot 1 and JPB. At least one or two new/additional
on-street parking spaces would result from the closure of the existing Lot 2 curb cut. The
owners of Units A and B on Lot 1 of the subdivision have entered into a shared driveway
agreement with the applicant, conditioned upon the development of a single-family home
or duplex on Lot 2 and approval by the City. Thus, with approval of these requests and
subsequent development of a single-family home or duplex on Lot 2, only the one curb
cut/driveway off East Bleeker Street would serve every residence in the 202 North
Monarch Subdivision.
The applicant is also seeking to rezone Lot 2 from MU to R-6. The applicant is currently
entitled to build up to 12,000sf of FAR with a mix of uses and a height limit of 28 feet.
Due to topography at the rear of the site, this would result in a 4-5 story structure along
the alley and a gross total of closer to 22,000 square feet of floor area. If the applicant
chooses to build a single-family home or duplex under the MU zoning, only 80% of the
allowable FAR of an equivalent-sized lot in the R-6 zone can be built. That would allow
for only 2,590sf for a single-family home (3,240 x 0.8) or 2,880sf for a duplex (3,600 x
0.8) while the immediately adjacent properties allow 20%more for the same uses.
The applicant believes that a single-family home or duplex on the lot would be in the best
interest of the neighborhood and the best use of the property, as opposed to a 12,000
square foot (FAR) mixed-use building, that will give the appearance of being four to five
stories high from the adjacent homes on Monarch Street and the buildings further down
the hill on Mill Street. However, the 20% reduction in FAR for a single-family home or
duplex negates the appeal of that option and has the effect of pushing the applicant in the
direction of a far more intense and less appropriate mixed-use development. Therefore,
the applicant is seeking to have the property rezoned to R-6 (the zoning of the remainder
of the original parcel, as well as the entire West End), and build a residential structure
(either a single-family home with 3,240sf of FAR or a duplex with 3,600sf of FAR) that
will comfortably fit on the land and better blend into the neighborhood.
The JPB and the Hotel Jerome already extend more intense uses into the West End, but
there is no inherent reason why the subject parcel should further extend these greater
density and intensity uses/structures into the West End. The very next lot to the west of
the subject property is a designated historic landmark Victorian residence. The
applicant's proposal provides for a far more appropriate transition between this landmark
house and the greater density/intensity development of the existing JPB (and its even
higher density/intensity approved and vested redevelopment plans) than would another
larger mixed-use structure on the site. In other words, development of a new single-
family home or duplex on the subject property would provide a more compatible, better
transition from the historically designated Victorian to the larger mixed-use development
of the JPB site.
Lot 2,202 North Monarch Subdivision 3
This application is being submitted pursuant to the following sections of the City of
Aspen Land Use Code (the Code): Section 26.310, Amendments to the Land Use Code
and Official Zoning District Map; and Section 26.480.080(B), Other Amendment to a
Subdivision Development Order.
Garrett Gulch Equity Venture, LLC owns the subject property, and proof of their
ownership is provided in Exhibit 1. Authorization for Haas Land Planning, LLC to
represent the applicant is provided in Exhibit 2. A pre-application conference summary is
included herewith as Exhibit 3. The previous approvals (Ordinance No. 2, Series of 2006
and Resolution No. 37, Series of 2005) are attached as Exhibit 4. The Subdivision
Improvements Agreement and Final Plat for the 202 North Monarch Subdivision are
attached as Exhibit 5. The Shared Driveway Agreement between the applicant and the
owners of the units on Lot 1 is attached as Exhibit 6. Finally, a signed fee agreement and
the mailing addresses of property owners within 300' of the property are included as
Exhibits 7 and 8, respectively.
Rezoning
Section 26.310.040 of the Code provides the standards of review when a rezoning is
requested. These standards are outlined below in italicized text and each is followed by a
response indicating compliance, as applicable.
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
The proposed rezoning is not in conflict with any applicable provisions of the Code, as
demonstrated throughout this application. The rezoning will encourage a development
that is less intensive than would more than likely otherwise occur, while facilitating a far
greater degree of neighborhood compatibility.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
The proposed rezoning is fully consistent with the goals and objectives of the AACP.
The Managing Growth section of the AACP states that its intent is to "encourage land
use to occur in such a way that it protects and enhances the existing physical and natural
environment of the valley. " The proposed rezoning will help the applicant to better
protect the existing physical and natural environment of the valley by encouraging and
allowing a much less intense and far more compatible development than is now
permitted. One of the goals of the Managing Growth section is to limit the population in
the Aspen area in order to preserve the quality of life. The proposed rezoning will allow
the applicant to create a development with far fewer occupants and far less traffic (and
parking demand) generation than what is currently permitted.
Lot 2,202 North Monarch Subdivision 4
One of the goals of the Transportation section of the AACP is to reduce the adverse
impacts of automobiles. The proposed rezoning will enable a much smaller development
to occur, with few occupants, thereby reducing the number of automobiles driving in and
out of the City. Similarly, parking demand will be lessened while on-street parking
would be increased. Road safety would also be improved with the decreased number of
driveways/curb cuts on an already taxed block of East Bleeker Street.
In the Parks, Open Space and the Environment section of the AACP, protecting and
enhancing the natural environment is stated as one the goals. If the proposed rezoning is
approved, it will enable the applicant to build a single-family home or duplex, a much
less intense development than that which is currently allowed. Preservation of significant
existing trees will be better enabled, and the sidewalk, curb and gutter system along this
block of East Bleeker Street will be completed for the first time.
In the Draft of the 2010/2011 AACP Update, the section on Managing Growth and
Economic Sustainability states that it is a goal of the City "to preserve the physical scale
and historic character of our small town. " It further states that it is,
Our responsibility is to ensure that future development is controlled so
that it avoids further damage to the long-term health and stability of our
community. We need to preserve the modest physical scale and
architectural context of our small town. Even our most important
community goal, ensuring our town is accessible and affordable to a
diversity of people, should remain subordinate to a built environment that
respects the beauty and context of our surrounding landscape.
As mentioned above,the applicant is currently entitled to build a mixed-use building with
up to 12,000 square feet of FAR and a height limit of 28 feet, resulting in a 4 to 6 story
structure along the alley with a gross square footage of closer to 22,000 square feet. A
single-family home or duplex on this lot will help to preserve the modest physical scale
and architectural context of our small town and will better respect the beauty and context
of the surrounding landscape. This is especially important on a site that is next door to a
designated historic landmark Victorian home. The requested rezoning from MU to R-6
will enable the applicant to build a comparable home to others in the West End and make
this option more desirable and feasible. Otherwise, the applicant will be pushed in the
direction of a much more intense, less sensitive and less appropriate mixed-use
development.
There is also a Section in the Update which seeks to respect the physical limits of the
Aspen Area. That Section states that, "As stewards of our environment and resources, it
is our responsibility to balance human activity and the health of our natural environment.
This ethic is our defining characteristic. Our greatest challenges include excessive
consumption, population growth, impacts of development, increasing vehicular trips and
Lot 2,202 North Monarch Subdivision 5
intensive employment demands. " The proposed rezoning to R-6 and the future
development of a single-family home or duplex on the site, as opposed to a large mixed-
use building will help to achieve this goal by reducing the impact of the development,
decreasing vehicular trips and reducing consumption.
The Update further discusses how mass, scale, and building proportions directly influence
how people perceive Aspen and states that,
We must build on what we have by authentically preserving historic
structures and creating thoughtful new buildings that are compatible with
that feeling of historical continuity. While creativity in development is
encouraged, additions and new buildings must be sensitive to historic
patterns.
The home that will be built on this site after the rezoning will be subject to HPC review
as it is on a historic lot. It will surely be more compatible in size, mass, scale, intensity
and density with the historic residence on the adjacent lot to the west than would a 4-6
story mixed-use development. Also, a new single-family home or duplex structure will
provide an appropriate transition between the historic Blue Vic (now painted white)
residence and the Jerome Professional Building (as is, or after redevelopment in
accordance with their approved and vested plans). Additionally, even though this lot is
adjacent to the historic resource (the Blue Vic which is now painted white),the additional
FAR that will result from the rezoning will not conflict with or overshadow the resource.
Not only will HPC review assure this, but the change in allowable residential FAR will
simply enable this parcel to have the same FAR as the historic resource. A large mixed-
use building on this site would likely overwhelm the recently renovated Blue Vic.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
The proposed rezoning is compatible with the surrounding zone districts. In fact, the rest
of the 202 N. Monarch Subdivision and the entire West End neighborhood is already
zoned R-6. One additional single-family home or duplex would probably be preferable to
the surrounding neighbors than a large mixed-use building and the associated impacts of
its construction and use/occupancy.
D. The effect of the proposed amendment on traffic generation and road safety.
The proposed rezoning will reduce traffic generation and increase road safety. There will
be one or two families using the property as opposed to numerous commercial and
residential occupants. Also, the shared driveway/curb cut will result in eliminating an
existing, superfluous curb cut while increasing the amount of on-street parking currently
available.
Lot 2,202 North Monarch Subdivision 6
E Whether and the extent to which the proposed amendment would result in demands on
public facilities and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities including, but not limited to, transportation
facilities, sewage facilities, water supply, parks, drainage, schools and emergency
medical facilities.
Since the proposed rezoning will decrease the overall FAR and intensity of development
allowed, and will only serve one or two families, it will inherently decrease the demands
on public facilities.
F. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
The proposed rezoning will not result in any adverse impacts on the natural environment.
In fact, the proposed changes will result in fewer residents/tenants, lessened parking
demand and, thus, fewer cars and less pollution. Additionally, if the property is not
rezoned to R-6, in all likelihood, a larger, more densely populated and more intensely
utilized mixed-use building will be developed. The natural environment will be best
served by approval of the requested rezoning.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City.
The community character of the City will in no way be changed by allowing the property
to be rezoned to R-6. In fact, the change to R-6 and the subsequent development of a
single-family home or duplex will continue the character of the West End and provide
less visual impact on the surrounding properties. Furthermore,the home that will be built
on this site after the rezoning will be subject to HPC review as it is on a historic lot. It
will surely be more compatible with the historic residence on the adjacent lot to the west
than would a mixed-use development permitted under the current zoning. Also, a new
single-family home or duplex structure will provide an appropriate transition between the
historic Blue Vic (now white)residence and the Jerome Professional Building.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Since this parcel was subdivided, two new homes have been built on the adjacent
property. Additionally, the overall economy of the City has significantly changed,
making the development of a large mixed-use building on the parcel much less attractive
and less economically feasible. Further, the need for more office and commercial
development has significantly diminished. The rezoning to R-6 will allow the applicant
to build a typical home in Aspen's residential West End neighborhood that will not
conflict with or overshadow the adjacent historic home.
Lot 2,202 North Monarch Subdivision 7
I. nether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
The rezoning is not in conflict with the public interest and is in harmony with the purpose
and intent of the Code. In fact, the City of Aspen and its residents have consistently
shown a desire for less intense development with reduced density, less visual impact, and
greater sensitivity to adjacent historic resources. The proposed rezoning will allow for
the applicant to build one modest single-family home or duplex on the property, as
opposed to a 12,000 square foot (FAR) mixed-use building that would likely include in
the neighborhood of 21,000-22,000 square feet of gross interior space.
Amendment to a Subdivision Development Order
The original proposal was found to have met the requirements for subdivision approval.
After approval, a Subdivision Improvements Agreement (SIA) and a Final Subdivision
Plat were recorded for the property(See Exhibit 5).
Section 26.480.080 of the Code describes the types of amendments to subdivision
development orders and states the following;
A. Insubstantial amendment. An insubstantial amendment to an approved
plat or between adjacent subdivision plats may be authorized by the
Community Development Director. An insubstantial amendment shall be
limited to technical or engineering considerations first discovered during
actual development which could not reasonably be anticipated during the
approval process or any other minor change to a plat which the
Community Development Director finds has no effect on the conditions
and representations limiting the approved plat.
B. Other amendment. Any other amendment shall be approved by the City
Council, provided that the proposed change is consistent with the
approved plat. If the proposed change is not consistent with the approved
plat, the amendment shall be subject to review as a new development
application for plat.
The proposed changes would not be considered an "insubstantial amendment" since the
applicant is seeking to have Section 7 of the Ordinance and Section 3.2 of the SIA
amended to allow vehicular access to Lot 2 to come from the existing curb cut on East
Bleeker Street, and/or from the alley. Therefore, this will be treated as an "other
amendment" subject to the subdivision standards of Code Section 26.480.050. These
standards are discussed below.
A. General Requirements
i. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Lot 2,202 North Monarch Subdivision 8
The proposed amendment to the subdivision is consistent with the AACP, as described in
response to the rezoning standards, above.
ii. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
The proposed amendment to the subdivision is completely consistent with the character
of the existing land uses in the area. The lot that was subdivided from this property is
now developed with two detached single-family homes. Furthermore, the home/duplex
that will be built on this site after the rezoning will be subject to HPC review as it is on a
historic lot. It will be more compatible with the historic residence on the adjacent lot to
the west than would a 4-5 story mixed-use development. Also, a new single-family home
or duplex structure will provide an appropriate transition between the historic Blue Vic
(now white) residence and the Jerome Professional Building. Also, please refer to the
foregoing narratives hereinabove.
iii. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
The proposed amendment to the subdivision will not adversely affect the future
development of the surrounding area. The applicant is seeking to have vehicular access
to the subject lot come from the existing curb cut on East Bleeker Street, which already
serves the two residences on the other lot in the subdivision and/or from the platted alley.
The owners of the other units in the subdivision (Units A and B) have already entered
into a shared driveway agreement with the applicant in the event that a single-family
home or duplex is built on the property. Another benefit of this arrangement will be the
elimination of a curb cut in the City, as the existing curb cut on the property which fronts
East Bleeker Street will be removed; curb, gutter and sidewalk will be installed, thereby
completing the sidewalks on the block for the first time.
4. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
As provided throughout this application, the proposed amendment to the approved
subdivision order is in compliance with all applicable requirements of the Code.
B. Suitability of land for subdivision
i. Land suitability. The proposed subdivision shall not be located on
land unsuitable for development because of flooding, drainage, rock
or soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
Lot 2,202 North Monarch Subdivision 9
The amendment to the approved subdivision is located on land that has already been
deemed suitable for more intense development than contemplated under this proposal.
Also, it is surrounded by developed properties; indeed, it is within the designated Aspen
Infill Area. The development of surrounding properties is not and has not been subject to
geologic or other environmental hazards. The approved subdivision has already been
determined to not be harmful in any way to the health, safety, or welfare of its future
residents or tenants. The proposed amendments to the subdivision order will not change
any of this.
ii. Spatial pattern efficient. The proposed subdivision shall not be
designed to create spatial patterns that cause inefficiencies,
duplication or premature extension of public facilities and
unnecessary public costs.
The cost of any necessary utility extensions or upgrades will be borne by the applicant.
The amendments will have no affect on efficiency of spatial patterns.
C. Improvements. The improvements set forth at Chapter 26580 shall be
provided for the proposed subdivision. These standards may be varied by
special review (See Chapter 26430) if the following [omitted] conditions
are met:
The proposed amendments to the subdivision order will comply with the improvements
set forth in Chapter 26.580. The improvements will also comply with the design
standards contained in said Chapter. In the event that any variances from the engineering
design standards become necessary due to unforeseen circumstances, special review
approval will then be sought.
The applicant will enter into an amended Subdivision Improvements Agreement (SIA)
with the City binding the subdivision to any conditions placed on the development order.
The already approved and recorded Subdivision Plat will in no way be affected by
anything proposed in this application, and as such will not have to be amended.
However, the amended SIA will reference the already approved and recorded Subdivision
Plat. All required elements of the SIA will be provided for review by the Community
Development Director, the City Engineer, and the City Attorney within the 180-day post-
approval period typically allotted.
D. Affordable housing.
Chapter 26.520, Resident Multi-Family Replacement Program, is not applicable since no
multi-family dwellings will be demolished. However, since this is a subdivision that will
be comprised of new dwelling units, the affordable housing requirements of Section
26.470.060(2)(c)will be complied with at the time of development.
Lot 2,202 North Monarch Subdivision 10
E. School land dedication.
This section of the subdivision regulations requires the dedication of land or the payment
of an in-lieu fee for each new residential unit in a subdivision. As the property in
question contains only 6,000 square feet of land, the dedication of land was found to not
be appropriate and the payment of cash-in-lieu was agreed to. This payment will be made
prior to building permit issuance, and this amendment will not change the requirement.
F. Growth Management Approval
The property already has a development right to build one single-family home or duplex.
No additional growth management allotments are needed to enable the requests made
herein. However, the future development will be subject to HPC review and approval
pursuant to Chapter 26.415, Development Involving the Aspen Inventory of Historic
Landmark Sites and Structures.
Summary
A single-family home or duplex on the subject lot is in the best interest of the
neighborhood and is the best use of the property, especially as compared with the
permitted use and intensity of development under the current MU zoning. Single-family
or duplex residential development allowing the same FAR permitted on all adjacent
properties to the west is perfectly appropriate on the subject site and certainly far
compatible with surrounding development patterns that would be the current by-right
development of a 12,000 square foot FAR (approximately 22,000 gross square feet)
mixed-use building that will have the appearance of being four to five stories high from
the adjacent homes on Monarch Street and the buildings further down the hill on Mill
Street. This less intense development option is only appealing to the applicant if
permitted to build a home comparable to the rest of the homes in the West End (and not
20% smaller). The rezoning from MU to R-6 (the zoning of the remainder of the original
parcel, as well as the entire West End) will enable the applicant to build a single-family
home or duplex on this 6,000 square foot lot that will comfortably fit on the land and
better blend into the neighborhood. Residential development on this lot will better serve
_the neighborhood and will not overshadow the historic resource on the adjacent lot._ -- - - - - -
The applicant's request to amend the section of the Ordinance that requires access to
come from the unimproved but platted alley and to instead allow vehicular access to Lot 2
to come from the existing curb cut that now serves the two homes on Lot 1 and/or from
the alley, will provide benefits to the surrounding area. The existing Lot 2 curb cut will
be eliminated and curb, gutter and sidewalk would be installed in its place. At least one
or two new/additional on-street parking spaces would result. The owners of Units A and
B on Lot 1 of the subdivision have entered into a shared driveway agreement with the
applicant, conditioned upon the development of a single-family home or duplex on Lot 2
and approval by the City.
Lot 2,202 North Monarch Subdivision _
EXHIBIT
9
ATTACHMENT 2-LAND USE APPLICATION
PROJECT:
Name: Lo 2-o Nor4h M6 v)a rL Ul0 . /
Location: 1✓ , (�j �e S�' 0
(Indicate street address, lot&block number, legal description where appropriate)
Parcel ID#(REQUIRED)
APPLICANT•
Name: LL (1,
Address: 2°I 5 �E, j� s
Phone#:
REPRESENTATIVE:
Name: C C_
Address: 20 N S. SU 1 0
Phone#: l O RS—231
TYPE OF APPLICATION: (pleas e check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA-8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment Other:
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.
V fniloos l sv6 +o Cdr o. 2 r �
ZO 0
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
Ord iy-Q Glr1 hJGLtL OtGC2 01
Have you attached the following? FEES DUE: S �T
Pre-Application Conference Summary
® Attachment#1, Signed Fee Agreement
❑ Response to Attachment#3,Dimensional Requirements Form
❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text
_(A icrosof�Wert Fir be submitted a�par of he application. arge Seale-projects should include -
electronic 3-D-model: Your pre-application conference summary will indicate if you must submit a 3-D model.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Lcrr a aZU oZ �• Moospty S*914151oo
Applicant: V IX-A G
Location: F alzgKe� Frr.-, A6W,N
Zone District:
Lot Size: &,WO
Lot Area: -T$Q,
(for the purposes of calculating Floor Area,Lot Area may be reduced for areas
within the high water mark, easements,and steep slopes. Please refer to the
defmition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: N A Proposed.• N1 A
Number of residential units: Existing: d IA. Proposed: 1.2
Number of bedrooms: Existing: N/A Proposed: —my
Proposed% of demolition(Historic properties only): N A
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed: PM "�O
Principal bldg. height: Existing: jl�Allowable: " Proposed:
Access. bldg. height: Existing:�gAllowable: �� Proposed: "
On-Site parking: Existing:__gJf}Required: V Proposed.• <<
% Site coverage: Existing: _Required: If Proposed: <<
% Open Space: Existing:__WJA__Required.• If Proposed: ►�
Front Setback: Existing. N A Required.• it Proposed: 11
Rear Setback: Existing: 1� A Required: if Proposed.•
Combined F/R: Existing:—WA,--Required: Proposed:
Side Setback: Existing:--N f A Required: Proposed:
Side Setback: Existing: N�A Required: t Proposed: "
Combined Sides: Existing: N Required. Proposed:
Distance Between Existing _Required: Proposed: "
Buildings
Existing non-conformities or encroachments: 14/A
Variations requested: ��
WAAS CAMPBELL RIVERA
JOHNSON &VELASQUEZE J. Bart Johnson
970.544.4602
johnson@wcrlegal.com
April 11, 2011
City of Aspen
Community Development Department
130 South Galena
Aspen, CO 81611
Re: Ownership of Property Located at 202 N. Monarch St.,Aspen, CO 81611
To Whom It May Concern:
I am legal counsel to Garrett Gulch Equity Venture, LLC, a Colorado limited liability
company ("Garrett Gulch"). I am licensed to practice law in the State of Colorado. Please
accept this letter as my certificate that Garrett Gulch is the owner of the following property
located in the City of Aspen:
Lot 2,North Monarch Street Subdivision, according to the Final Plat of 202 North
Monarch Subdivision recorded July 12, 2006 in Plat Book 80 at Page 4 as
Reception No. 526321 (the"Property").
Garrett Gulch bought the Property on January 10, 2007 pursuant to a Warranty Deed
recorded at Reception No. 533240 of the Pitkin County records. A copy of this Warranty Deed
is enclosed with this letter. Exhibit"A"of the enclosed Warranty Deed lists all matters of record
affecting the Property. Garrett Gulch is also a party to an unrecorded Driveway Sharing
Agreement dated as of December 1, 2010 with CJB Realty Investors, L.L.C. and 202 Aspen,
LLC, which are the owners of the two condominium units located on Lot 1, North Monarch
Street Subdivision.
Garrett Gulch has the full right and authority to apply for development permits regarding
the Property.
Sincerely,
J. Bart Johnson
for
WAAS CAMPBELL RIVERA
JoHNsoN&VELASQuEz LLP
13503 EVENTEENTY-STREET VUITE45CDDSNVER COLORADO 80202 - M 720-351-4700-F720 351-4745
-_-. 426 EA57.MAIN STREETSU!TE 210.,45PEN-COLORADO B1611_ M.5'70-S44.-:7006--F 866-492-0361.._WCRLEGAL.COM
101111
CITY OF ASPEN
CITY OF ASPEN HRETT PAID
WRIT PAID DATE REP NO.
DATE REP NO. / /a. P3
Documentary Fee$350.00 1 -1o•07 P3 D a 0-crl-Y
WARRANTY DEED
THIS DEED, made January 10, 2007, 533240
Page: I of 3
Between LMS LLC 1111111111111111111111 01/10/2007 03:391
JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 350.00
of the County of PITKIN, State of CO, GRANTOR,
AND GARRETT GULCH EQUITY VENTURE, LLC, A COLORADO LIMITED LIABILITY
COMPANY, GRANTEE
whose legal address is:2950 E. BROAD ST., COLUMBUS,OH,43209
of the County of FRANKLIN, State of OH
WITNESSETH,That for and in consideration of the sum of ten dollars and other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged, the grantor has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm
unto the grantee, its heirs and assigns forever,all the real property together with improvements, if any,
situate and lying and being in the County of PITKIN, State of COLORADO, described as follows:
LOT 2,
202 NORTH MONARCH STREET SUBDIVISION, according to the Final Plat of 202 North Monarch Street
Subdivision recorded July 12, 2006 in Plat Book 80 at Page 4 as Reception No. 526321.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining,and the reversion and reversions, remainders, rents, issues and profits thereof,and all the
estate, right,title, interest, claim and demand whatsoever of the grantor 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 grantee,its heirs and
assigns forever.And the Grantor, for itsself, its heirs and assigns, does covenant,grant, bargain, and
agree to and with the Grantee, its heirs and assigns,that at the time of the ensealing and delivery of these
presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple,and has good right, full power and lawful 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, encumbrances and
restrictions of whatever kind or nature soever,except those matters as set forth on Exhibit"A"attached
hereto and incorporated herein by reference.The grantor shall and will WARRANT AND FOREVER
DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,its heirs
and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural,the plural the singular, and the use of gender shall be applicable
to all genders.
IN WITNESS WHEREOF the grantor has executed this deed.
SIGNATURES ON PAGE 2
Return to: OTTEN JOHNSON ROBINSON NEFF &RAGONETTI
420 E. MAIN,#210
ASPEN, CO 81611
BART JOHNSON
1
533240
TRANSFER DECLARATION RECEIVED 01/10/2007
SIGNATURE PAGE TO WARRANTY DEED
PAGE 2
LMS LLC
BY.
TITL CL
STATE OF COLORADO )
ss
COUNTY OF PITKIN )
�}h
The foregoing instp4nent was acknowledged before me this 10 day of JANUARY,2007,
by 1-.Gtr ire„ Q ) 4-c!r vm CL,, AS V-V n a r, S F LIVIS LLC.
WITNESS my hand and official seal
my commission expires: No Public
JOY S. HIGENS
NOTARY PUBLIC >'
STATE OF COLORADO
�y co,,,m ;ar,Exphes 05r0212010
PCT21041 F _
533240
Page: 2 of 3
JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 1/10D2 391
350.00
EXHIBIT"A"
1. Taxes for the year 2007 not yet due or payable.
2. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 422
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 held under existing laws".
3. Terms,conditions, provisions, obligations and all matters as set forth in Ordinance No. 2, Series of 2006 by Aspen
City Council recorded July 12,2006 as Reception No. 526318.
4. Terms,conditions, provisions and obligations as set forth in Subdivision Agreement recorded July 12, 2006 as
Reception No. 526322.
5. Easements, rights of way and all matters as disclosed on Plat of subject property recorded July 12, 2006 in Plat
Book 80 at Page 4 and Affidavit of Correction recorded August 22, 2006 as Reception No. 527682.
6. Terms,conditions, provisions and obligations as set forth in Agreement Regarding Subdivision Improvements for
the 202 North Monarch Street Condominiums recorded January 9,2007 as Reception No. 533149.
533240
Page: 3 of 3
01/10/2007 03:391
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 16.00 0 350.00
EXHIBIT
City of Aspen Community Development Dept. t P*
130 S. Galena Street
Aspen, CO 81611
RE: Lot 2, 202 North Monarch Subdivision, Aspen
(PID# 2737-073-17-031)
Request for Rezoning and Amendment to Ordinance No. 2, Series of 2006
To whom it may concern:
As applicant for Rezoning and Amendment to Ordinance No. 2 Series of 2006,
and associated approvals on Lot 2, 202 North Monarch Subdivision, Aspen,
Garrett Gulch Equity Ventures, LLC (GGEV) hereby authorizes Haas Land
Planning, LLC (HLP) to act as designated and authorized representative for the
preparation, submittal and processing of the application requesting the
approvals listed above, as well as, any subsequent applications that may be
associated therewith. HLP is also authorized to represent GGEV in meetings
with City staff, the Planning and Zoning Commission, the Historic Preservation
Commission, and the Aspen City Council.
Should you have any need to contact us during the course of your review, please
do so through Haas Land Planning, LLC.
Yours truly,
Name and Title:
darrett G ch Equity Ventu C
2950 E. Broad Street
Columbus, OH 43209
(�3XACA'r_ 61am
EXHIBIT
3
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams,429-2778 DATE: 1.14.2011
PROJECT: 202 North Monarch Street Subdivision, Lot 2
APPLICANT: Jodi Jacobson, Mitch Haas Land Planning,925-7819
DESCRIPTION:
The potential applicant is interested in rezoning
Lot 2 of the 202 North Monarch Street
Subdivision from Mixed Use Zone District to the
R-6, Medium Density Residential Zone District.
Amendments to the Official Zone District Map are
reviewed by City Council with a recommendation `=i
from the Planning and Zoning Commission.
In addition to the request for rezoning, the
potential applicant is interested in amending
Section 7, Vehicular Access and Alleyway
Improvements, of City Council Ordinance 2, Series of 2006. The applicant would like to utilize the existing curb
cut on Bleeker Street that services Lot 1 of the 202 North Monarch Subdivision rather than open the alleyway off
of North Mill Street, as specified in Ordinance 2, Series of 2006. The proposed access change will be reviewed
by City Council as an "other' amendment to the subdivision approval. Staff recommends that the potential
applicant meet with the Engineering Department to discuss the proposed change in access.
Land Use Code Section(s)
'r.
26.304 Common Development Review Procedures
26.310 Amendments to the Land Use Code and Official Zone District Map
26.480.080 Subdivision "Other Amendment"
i z,
Review by: Staff for complete application
Planning and Zoning Commission, rezoning recommendation
City Council, rezoning and subdivision amendment
Public Hearing: Yes, at P&Z and City Council
Copies of Application: 19 Copies
Planning Fees: $2,940 Deposit for 12 hours of staff time(additional planning hours over deposit amount
are billed at a rate of$245/hour)
Total Deposit: $2,940
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Completed Land Use Application Form.
4. A signed fee agreement.
5. A Pre-Application Conference Summary.
6. A letter signed by the applicant, with the applicant's name, address and telephone number in a
letter signed by the applicant, which states the name, address and telephone number of the
representative authorized to act on behalf of the applicant.
7. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to practice in
the State of Colorado, listing the names of all owners of the property, and all mortgages,
judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating
the owner's right to apply for the Development Application.
8. An 81/2" by 11"vicinity map locating the parcel within the City of Aspen.
9. Existing and proposed site plan.
10. A written and graphic description of the proposal and an explanation in written, graphic, or model
form of how the proposed development complies with the review standards relevant to the
development application. Please include existing conditions as well as proposed. Please provide
a written response to all applicable criteria.
11. 19 Copies of the complete application packet and maps.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning,which is subject to change in the future, and upon factual representations that may or may
not be accurate. The summary does not create a legal or vested right.
2
EXHIBIT
a
ORDINANCE NO. 2
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS,THE 202 N.MONARCH STREET SUBDIVISION,DIVIDING THE
PROPERTY AT 202 NORTH MONARCH STREET INTO TWO PARCELS OF
LAND,CREATING LOTS 1 AND 2,OF THE 202 NORTH MONARCH STREET
SUBDIVISION CITY OF ASPEN,PITS IN COUNTY,COLORADO.
Parcel ID: 2737-073-17-005
WHEREAS, the Community Development Department received an application
from Blu Vic, LLC, represented by Stan Clauson and Associates, Inc, requesting to
subdivide the property located at 202 N. Monarch Street (Lots K-O, Block 78, City and
Townsite of Aspen), to create Lots l and 2 of the 202 N. Monarch Street Subdivision; and,
WHEREAS, the fathering parcel has a split zoning with the westernmost 9,000
square feet (Lots K-M)being zoned R-6(Medium Density Residential) and the easternmost
6,000 square feet(Lots N-O)being zoned Mixed Use(MU); and,
WHEREAS,the proposed Lot 1 is to contain 9,000 square feet and maintain the R-
6(Medium Density Residential)zoning designation that the land currently contains; and,
WHEREAS, the proposed Lot 2 is to contain 6,000 square feet and maintain the
Mixed Use(MU)zoning designation that the land currently contains; and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department recommended approval, with conditions, of the
proposed subdivision; and,
WHEREAS, upon review of the application, and the applicable code standards, the
Planning and Zoning Commission also recommended that City Council approve with
conditions, the 202 N. Monarch Street Subdivision without allowing the opening and
improvement of the alleyway pursuant to Planning and Zoning Commission Resolution No.
37, Series of 2005; and,
WHEREAS, the Planning and Zoning Commission expressed that they supported
keeping the alleyway closed and providing for vehicular access from E. Bleeker Street to
the new parcels to be created; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noted public hearing on February 13, 2006, the Aspen
City Council reviewed the proposed 202 N. Monarch Street Subdivision and continued the
public hearing to February 27,2006; and,
---
ME111 mails
llffIW263
g e: 1 of JPAICE K-VOS-CALMILL PITUN-COUNTY-CO It 31.00 '120 6.06 08:55
k
WHEREAS, during a continued public hearing on February 27, 2006, the Aspen
City Council reviewed the proposed 202 N. Monarch Street Subdivision and continued the
public hearing to March 13,2006; and,
WHEREAS,during a continued public hearing on March 13, 2006,the Aspen City
Council reviewed the proposed 202 N. Monarch Street Subdivision and approved
Ordinance No. 2, Series of 2006,by a three to two (3-2) vote, approving with conditions,
the 202 N. Monarch Street Subdivision, the opening of the westernmost 90 feet of Block 78
Alley to access Lot 1 and opening of the easternmost 145 feet of the Block 78 Alley to
access Lot 2 of the subdivision;and,
WHEREAS, during a regular City Council meeting on March 27, 2006, City
Council voted three to two (3-2) to reconsider the decision that was made on March 13,
2006; and,
WHEREAS, during a regular City Council meeting on April 10, 2006, City
Council continued the review of the reconsideration of the decision rendered on March 13,
2006; and,
WHEREAS, during a continued reconsideration hearing on April 24, 2006, the
Aspen City Council reconsidered the proposed 202 N. Monarch Street Subdivision and
approved Ordinance No. 2, Series of 2006, by a three to two (3-2) vote, approving with
conditions, the 202 N. Monarch Street Subdivision, providing vehicular access to Lot 1
through via a curb cut off of East Bleeker Street and by opening of the easternmost 145 feet
of the Block 78 Alley for vehicular access to Lot 2 of the subdivision;and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal, with
conditions,is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health,safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN,COLORADO THAT:
Sectim 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the 202 N. Monarch Street Subdivision, subdividing the parcel
located at 202 N.Monarch Street into 9,000 square foot parcel (Lot 1 of the subdivision)and a
6,000 square foot parcel(Lot 2 of the subdivision),with the conditions contained herein.
Section 2: Plat and Agreement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480,Subdivision,within 180 days of approval.
Section 3:Dimensional Re uirements
Development on Lot 1 of the Subdivision shall conform to the dimensional requirements of
the R-6 '(Medium Density Residential) Zone District. Development on Lot 2 of the
525318
page: 2 of 6
07/12/200fi 08:55
JANIC:E K V05 CAUDILL PITKIN COUNTY CO R 31.00 0 0.00
Subdivision shall conform to the dimensional requirements of the Mixed Use (MU) Zone
District.
Section 4: Growth Management Allotments
Since the Applicant is not proposing any development on Lot 1 of the subdivision at this
time and there is not a specific development plan proposed on Lot 2 of the subdivision, any
future development within the subdivision shall require receipt of applicable growth
management allocations prior to submitting for a building permit.
Section 5: Historic Preservation Review on Both Lots
Any development on either Lot 1 or Lot 2 of the subdivision shall be subject to review and
approval pursuant to Chapter 26.415, Development Involving the Aspen Inventory of
Historic Landmark Sites and Structures,
Section 6: Sidewalk. Curb,and Gutter
Prior to issuance of a certificate of occupancy for any new development within the
subdivision, the Applicant shall have installed an attached sidewalk meeting the City
Engineer's design requirements along the entire lot frontage abutting East Bleeker Street.
The Applicant shall also enter into a sidewalk agreement to install a future sidewalk
adjacent to North Monarch Street along the entire lot frontage if it is deemed appropriate by
the City of Aspen to have a sidewalk in this location at some time in the future. The
Applicant shall consult with the Parks Department in designing and installing the sidewalk
along East Meeker Street in order to preserve the significant lilacs that exist along East
Bleeker Street. Additionally, prior to issuance of a certificate of occupancy on any new
development within the subdivision, the Applicant shall upgrade the curb and gutter along
the entire lot frontage abutting both East Bleeker Street and North Monarch Street to meet
the City Engineer's design requirements.
Section 7: Vehicular Access and Alleyway Improvements
Vehicular access to Lot 1 shall be provided by a new curb cut on East Bleeker Street
meeting the City Engineer's standards. The single curb cut on East Bleeker Street shall be
used to serve all existing and future structures on Lot 1 of the Subdivision. Vehicular
access to Lot 2 shall be provided by opening and improving approximately the eastemmost
145 feet of the Block 78 alleyway. Prior to issuance of a certificate of occupancy on any
new development on Lot 1 of the subdivision, the Applicant shall have provided the new
curb cut on East Bleeker Street to provide vehicular access to Lot 1. Prior to issuance of a
certificate of occupancy on any new development on Lot 2 of the subdivision, the
Applicant shall have opened and paved to the City Engineer's standards, a 145-foot long
portion of the alley in Block 78 of the City and Townsite of Aspen, to provide vehicular
access to Lot 2 of the subdivision from the alleyway to be accessed from North Mill Street.
Prior to recording a subdivision plat and agreement, the Applicant shall submit a plan for
review and approval by the City of Aspen's Public Works Director to relocate the existing
above-grade utilities in the alleyway. Also,prior to improving the alleyway, the Applicant
shall submit a detailed design plan to the Community Development Department for the
alleyway improvements that addresses soil stability, erosion control, and drainage as well
Page: 3 of 6
07/12/2006 08:5.;,
JANICE K VOS CAUDILL PITKIN COUNTY CO-R 31.00 0 0.00
as a detailed site improvement survey. In designing the alleyway improvements, the
Applicant shall consult with the City Engineer and Parks Department to determine an
acceptable grade.
Section S: School Lands Dedication Fee ds Dedication, the Applicant shall
Pursuant to Land Use Code Section 26.630, School Lan
pay a fee-in-lieu of land dedication in conjunction with any residential development in the
subdivision. Prior to building permit issuance on any residential development within the
subdivision, the Applicant shall pay the school lands dedication fee associated with the
subdivision as calculated by the City Zoning Officer using the dedication schedule in effect
at the time of building permit submission as set forth in Land Use Code Section
26.630.030, School Lands Dedication:Dedication Schedule.
Section 9: Park Development Im act Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee at the time of building permit issuance for any
construction within the subdivision that adds new residential/lodge bedrooms and/or
commercial/office square footage. The City Zoning Officer shall calculate the amount due
using the fee schedule in effect at the time of building permit submission as set forth in
Land Use Code Section 26.610.030,Park Development Impact Fee: Fee Schedule.
Section 10: Sewer Line Extension
The Applicant shall be required to provide a main sewer line extension to serve Lot 2 of the
subdivision, subject to the review and approval of the Aspen Consolidated Sanitation
District, prior to the development of Lot 2. The Applicant shall submit a detailed service
plan for review and approval by the Aspen Consolidated Sanitation District prior to
building permit submittal on Lot 2.
Section 11: Fire Sprinklers
Development on Lot 2 shall contain fire sprinklers and a fire alarm system meeting the
requirements of the Fire Marshall.
Section 12: Landscaping
The Applicant shall submit a tree protection review plan and a tree permit for any new
development within the subdivision. The Applicant shall also submit a landscape-planting
plan for improvement of the City right-of-way for the entire lot frontage abutting both East
Bleeker Street and North Monarch Street that will be reviewed by the Parks Department in
conjunction with submitting a building permit application for new development in the
subdivision.
Section 13. Lot 2 Deed Restriction Against Future Lot Split
The Applicant offered to deed restrict Lot 2 of the Subdivision against further subdivision
(except for condommiumization) through the subdivision, traditional lot split, or historic
landmark lot split processes. This deed restriction shall recorded at the Pitkin County Clerk
and Recorder's Office prior to or in conjunction with recording the subdivision plat.
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JANICE K VOS CAWILL PITKIN COUNTY CO R 32.00 0 0.00
Section 14:Vested Rights
The development approvals granted herein shall be vested for a period of three(3)years from the
date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the City
of Aspen, a notice advising the general public of the approval of a site specific development
plan and creation of a vested property right pursuant to this Title. Such notice shall be
substantially in the following form:
Notice is hereby given to the general public of the approval of a vested property right,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: Lots 1 and 2, of the
202 N. Monarch Subdivision, City and Townsite of Aspen,by Ordinance No. 2, Series
of 2006,of the Aspen City Council.
Section 15:
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 construed and concluded under such prior
ordinances.
Section 16:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 17:
A public hearing on the ordinance shall be held on the 13th day of February, 2006, in the City
Council Chambers,Aspen City Hall, Aspen, Colorado,fifteen(15)days prior to which 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 90'day of January,2006.
Helen eru ayor
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JANICE K Vos CAUDILL PITKIN COUNTY CO- R-31-• —----
__ ___
Attest:
Kathryn S. K ,City Clerk
FINALLY,adopted,passed and approved this 24th dAen
ayor
Attest:
4Kaatthryn S.I ,City erk
Approved as to form:
orcester,City Attorney
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JANICE K VOS CAUDILL PITKIN COLRdfY CO R 31,00 b 0.00
RESOLUTION N0. 37
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE
PROPOSAL TO SUBDIVIDE THE PROPERTY AT 202 NORTH MONARCH
STREET INTO TWO PARCELS OF LAND,CREATING LOTS 1 AND 2, OF THE
202 NORTH MONARCH STREET SUBDIVISION, CITY OF ASPEN,PITKIN
COUNTY, COLORADO.
Parcel ID: 2 73 7-073-17-005
WHEREAS, the Community Development Department received an application
submitted by Blu Vic, LLC, represented by Stan Clauson and Associates, Inc, requesting
to subdivide the property located at 202 N. Monarch Street (Lots K-O, Block 78, City and
Townsite of Aspen), to create Lots 1 and 2 of the 202 N. Monarch Street Subdivision;
and,
WHEREAS, the fathering parcel has a split zoning with the westernmost 9,000
square feet (Lots K-M) being zoned R-6 (Medium Density Residential) and the
easternmost 6,000 square feet(Lots N-O)being zoned Mixed Use (ML ); and,
WHEREAS, the proposed Lot 1 is to contain 9,000 square feet and maintain the
R-6 (Medium Density Residential) zoning designation that the land currently contains;
and,
--- WHEREAS, the proposed Lot 2 is to contain 6,000 square feet and maintain the
Mixed Use (MU) zoning designation that the land currently contains; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision; and,
WHEREAS, the application requested the ability to open and improve the
western 105 feet of the unopened alleyway in Block 78, of the City and Townsite of
Aspen to access the both of the parcels proposed in the subdivision; and,
WHEREAS, the Planning and Zoning Commission expressed that they supported
keeping the alleyway closed and providing for vehicular access from E. Bleeker Street to
the new parcels to be created; and,
WHEREAS, during a duly noticed public hearing on November 22, 2005, the
Planning and Zoning Commission opened and continued the hearing until December 6,
2005; and,
WHEREAS, during a continued public hearing on December 6, 2005, the Planning
and Zoning Commission approved Resolution No. 37, Series of 2005, by a six to zero (6-0)
vote, recommending that City Council approve the proposed Subdivision with the
conditions contained herein; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Land Use Code Section 26.480,
Subdivision, the Planning and Zoning Commission recommends that City Council
approve the 202 N. Monarch Street Subdivision, subdividing the parcel located at 202 N.
Monarch Street into 9,000 square foot parcel (Lot 1 of the subdivision) and a 6,000 square
foot parcel(Lot 2 of the subdivision),with the conditions contained herein.
Section 2: Plat and Agreement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480,Subdivision, within 180 days of approval.
Section 3: Dimensional Requirements
Development on Lot 1 of the Subdivision shall conform to the dimensional requirements
of the R-6 (Medium Density Residential) Zone District. Development on Lot 2 of the
Subdivision shall conform to the dimensional requirements of the Mixed Use (MU) Zone
District.
Section 4: Growth Management Allotments
Since the Applicant is not proposing any development on Lot 1 of the subdivision at this
time and there is not a specific development plan proposed on Lot 2 of the subdivision,
any future development within the subdivision shall require receipt of applicable growth
management allocations prior to submitting for a building permit.
Section 5: Historic Preservation Review
Any new development on Lot 2 of the subdivision shall be subject to review and approval
by the Historic Preservation Commission for a Certificate of Appropriateness for Major
Development.
Section 6: Sidewalk, Curb, and Gutter
Prior to issuance of a certificate of occupancy for any new development within the
subdivision, the Applicant shall have installed an attached sidewalk meeting the City
Engineer's design requirements along the entire lot frontage abutting both East Bleeker
Street and North Monarch Street. The Applicant shall consult with the Parks Department
in designing and installing the sidewalks in order to preserve the significant lilacs that
exist along East Bleeker Street and the Silver Maple trees and Siberian Elm trees that
exist along North Monarch Street. Additionally, prior to issuance of a certificate of
occupancy on any new development within the subdivision, the Applicant shall upgrade
the curb and gutter along the entire lot frontage abutting both East Bleeker Street and
North Monarch Street to meet the City Engineer's design requirements.
Section 7: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School Lands Dedication, the Applicant shall
pay a fee-in-lieu of land dedication in conjunction with any residential development in
the subdivision. Prior to building permit issuance on any residential development within
the subdivision, the Applicant shall pay the school lands dedication fee associated with
the subdivision as calculated by the City Zoning Officer using the dedication schedule in
place at the time of building permit issuance as set forth in Land Use Code Section
26.630.030, School Lands Dedication:Dedication Schedule.
Section 8: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610,Park Development Impact Fee, the Applicant
shall pay a park development impact fee at the time of building permit issuance for any
construction within the subdivision that adds new residential/lodge bedrooms and/or
commercial/office square footage. The City Zoning Officer shall calculate the amount
due using the fee schedule in place at the time of building permit as set forth in Land Use
Code Section 26.610.030,Park Development Impact Fee:Fee Schedule.
Section 9: Sewer Line Extension
The Applicant shall be required to provide a main sewer line extension to serve Lot 2 of
the subdivision, subject to the review and approval of the Aspen Consolidated Sanitation
District, prior to the development of Lot 2. The Applicant shall submit a detailed service
plan for review and approval by the Aspen Consolidated Sanitation District prior to
building permit submittal on Lot 2.
Section 10: Fire Sprinklers
Development on Lot 2 shall contain fire sprinklers and a fire alarm system meeting the
requirements of the Fire Marshall.
Section 11: Landscaping
The Applicant shall submit a tree protection review plan and a tree permit for any new
development within the subdivision. The Applicant shall also submit a landscape-
planting plan for improvement of the City right-of-way for the entire lot frontage abutting
both East Bleeker Street and North Monarch Street that will be reviewed by the Parks
Department in conjunction with submitting a building permit application for new
development in the subdivision.
Section 12:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein,unless amended by an authorized entity.
Section 13•
This resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 14:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th
day of December,2005.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
L --7E-�
Ci Attorney y Jasmine Tygre, Chair
ATTEST:
ckie Lothian,Deputy City Clerk
EXHIBIT
When.rworded.mail to:
Well.,Love&Scaby,LLC 533149
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Boulder,CO 803U2
AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS
FOR THE 202 NORTH MONARCH STREET SUBDIVISION
THUS AGREEMENT is made and entered into as of Jahuary 2007, by and between
SEMRAU FAMILY LLC, a Colorado limited liability eom#my (hereinafter referred to as
"Semrale% and LMS LLC, a Colorado limited liability company (hereinafter referred to as
"LMS")
WITNESSETH:
WHEREAS, Semrau is the owner of Lot 1, 202 North;Monarch Street Subdivision, as
described on the Final Plat of 202 North Monarch Street Subdivision recorded July 12, 2006 in
Plat Book 80 at Page 4 as Reception No.526321, in the office of the Clerk and-Recorder of
Pitkin County, Colorado ("Lot 1") and LMS is the owner of Lot 2,202 North Monarch Street
Subdivision, as described on the Final Plat of 202 North Month Street Subdivision recorded
July 12, 2006 in Plat Book 80 at Page 4 as Reception No.526321,in the office of the Clerk and
Recorder of.Pitkin County, Colorado ("Lot 2")(toe 202 North Monarch Street Subdivision may
hereinafter be referred to as the"Subdivision);and
WHEREAS, Senirau intends to create two condominium units on Lot 7 to be known as
Unit A,Blu Vic Condominiums("Unit A')and Unit B,Blu Vic Condominiums("Unit B");and
WHEREAS, Lot 1 and Lot 2 are subject to that certain`Subdivision Agreement for the
202 North Monarch Street Subdivision by and between Tho City of Aspen, Colorado, a
municipal corporation.(the"City"),and Blu Vic,.LLC,a Colorad.4 limited liability company(the
predecessor in title to LMS and Semmu), and recorded Jul
(the"SIA");and y 12,1006 as Reception No. 526322
WHEREAS, by this Agreement Semrau and LMS wish to provide for a specific
allocation of the responsibilities and obligations to con and pay for subdivision
m
improvements and other fees and costs set forth in the SIA aoa the owner of Unit A("Unit A
Owner"),the owner of Unit B("Unit B Owner")and the owner of Lot 2("Lat 2 Owner");and
WHEREAS,for convenience Sections ofthe SIA are referenced herein;
NOW, THEREFORE, for and in consideration of the mtitual covenants and agreements
herein contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,the parties agree as follows:
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I. REQUIRED SUBDIVISION DWROVEMENTS
(ARTICLE III AND ARTICLE IV OF THE SIA)
A. Sidewa Curb and Gutter(Section 3.1 and Article M PaLaaraph(4)of SIA).
1. East Sleeker Street SidowaHL Curb and Cutter. Pursuant to Section 3.1 and
Article IV, Paragraph (4) of the SIA, the following improvements along the frontage of East
Bleeker Street must be completed prior to the issuance of a certificate of occupancy for any new
development within the Subdivisions (a) installation of a five-foot wide attached sidewalk
meeting the City Engineer's design requirements along the entire lot frontage abutting Fast
Sleeker Street,including appropriate handicap ramp(s)at the northeast corner of the intersection
of East Sleeker Street and North Monarch Street in accordance with the Americans with
Disabilities Act, and (b) upgrading of the curb and goiter along the entire lot frontage abutting
East Sleeker Street to meet the City Engineer's design requirements(together,the"East Sleeker
Frontage Improvements!'). The parties agree to cooperate in good faith in an attempt to.obtain
the City's consent to allowing the East Bleeker Frontage Improvlements to be installed in phases
in connection with the development of,respectively, Unit A by the Unit A Owner and Lot 2 by
the Lot 2 Owner,including posting of the$7,500 security required for the East Bleeker Frontage
Improvements pursuant to Article IV of the SIA in installments t orresponding to the phasing of
the work. If the City does permit phased installation of the East Sleeker Frontage Improvements
and corresponding phasing of the required security,then the Unit.A Owner and the Lot 2 Owner
shall be separately responsible for posting security for and completing construction of the
portions of the East Bleeker Frontage Improvements that abut their respective properties.
However, if the City does not permit phased installation of the East Bleeker Frontage
Improvements and instead requires that all of such improvements be installed before any
certificate of occupancy will be issued for any new development in the Subdivision,then the first
party, as between the Unit A Owner and the Lot 2 Owner, who commences any new work
requiring a certificate of'occupancy(the"Constructing Owner")will be responsible for installing
all of the East Sleeker Frontage Improvements and the other owner(the "Reimbursing Owner'I
will be responsible for reimbursing the Constructing Owner for its�pro rata share of the total out-
of-pocket expenses incurred by the Constructing Owner to design.and construct the East Sleeker ;
Frontage Improvements (the "Improvement Expenses'l. The Rieimbursing Owner's pro rata
share of the Improvement Expenses shall be a fraction, with the denominator being the total
length of the improved section of the East Bleeker Street frontage and the numerator being the
length of the Reimbursing Owner's property line along such frontage. The Reimbursing Owner
shall reimburse the Constructing Owner within 25 days follolwing the day on which the
Constructing Owner has delivered to the Reimbursing Owner all of the following:()proof of the
City's acceptance of the East Bleeker Frontage Improvements as �eing completed; (ii)proof of
payment of the Improvement Expenses by the Constructing i Owner; and (iii) final and
unconditional lien waivers from all contractors and material suppliers that provided any work or
materials for the East Bleeker Frontage Improvements_ Any portio# of the Reimbursing Owner's
pro rata share of the Improvement Expenses that remains unpaid;after such 25-day period will
accrue a one-time late fee of 10% of the amount owed and in addition will begin accruing
interest at the annual rate of 15%per annum. If Unit A has not bean established by the time the
East Bleeker Street Frontage Improvements are required to be cobstructed or a reimbursement
obligation becomes owing as described above, then the owner of Lot I will be responsible for
satisfying the obligations of the Unit A Owner as described above. '
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2. Sidewalk Along North Monarch Street For the purpose of satisfying the
obligations established by the second sentence of Section 3.1 of the SIA, the Unit A Owner and
the Unit B Owner will enter into a sidewalk agreement to install a future sidewalk adjacent to
North Monarch Street along the entire lot frontage of Lot l if it is deemed appropriate by the
City to have a sidewalk in this location at some time in the future. If Unit A and Unit B do not
exist at such time as the City may require such a sidewalk, then the owner of Lot l shall be
responsible for fulfilling such obligation. The Lot 2 Owner will not have any obligations with
respect to the obligations established by the second sentence of Section 3.1 of the SIA.
3. Removal of Curb Cut on North Monarch Street. At such time as required by the
City pursuant to the thud sentence of Section 3.1 of the SIA-(even if required as a result of
development on either Unit A or Lot 2), the Unit B Owner will;replace the curbing to eliminate
the present curb cut on North Monarch Street that is north of the northwest corner of Lot i where
the public alley(in Block 78, City and Townsite of Aspen)meets North.Monarch Street. If Unit
A and Unit B do not exist at such time as the City may require such improvements, then the
owner of Lot l shall be responsible for fulfilling such obligation.: The Lot 2 Owner will not have
any responsibility for such work or the cost thereof.
B. Vehicular Access fSeedon 3.2 and Article W.La-ragr apt.(1)of SIA).
1. Access to Unit A and Unit B. Pursuant to Section:3.2 of the SIA,vehicular access
to all development on Lot 1 must be provided via a single new i wb cut on Fast Bleeker Street
meeting the City Engineer's standards. The Unit A Owner will 1,be responsible for constructing
such curb cut. Semrau intends to establish a driveway easement.on Lot 1 for the use of Unit A
and Unit B(the"Lot I Access Easement"). The Unit A Owner 4hall be responsible to construct
and install the driveway within the portion of the Lot l Access Basement that is located on Unit
A and any Iimited common element area allocated to Unit A("Unit A Driveway"). Tire Unit B
Owner shall be responsible to construct the driveway within Oe portion of the Lot 1 Access
Easement that is located on Unit B and any limited common elbment area allocated to Unit B
(the"Unit B Driveway"). The Unit A and Unit B Driveways shalt be constructed and installed in
accordance with the City approvals relating to the Subdivision and in a particular those approvals
or regulations governing the construction and installation of the driveway and fire access. The
Unit A Driveway shall be constructed and installed by the Unfit A Owner at such time as the
relocation of the Blu Vic house onto Unit A is completed,unless-it is required to be constructed
sooner by the City or the mutual agreement of the Unit A and'Unit B Owners. The Unit $
Driveway shall be constructed and installed by the Unit B Owner eft such time as the construction
of a residential dwelling on Unit B is completed,unless it is requi ed to be constructed sooner by
the City or the mutual agreement of the Unit A and Unit B Owners. The Lot 2 Owner will not
have any obligations with respect to the driveway access for Unit A and/or Unit B.
2. Access to Lot 2. Pursuant to Section 3.2 of the SI,~1,vehicular access to Lot 2 is
to be provided via the Block 78 Alley (as defined in the SIA). The Lot 2 Owner will be
responsible for opening and improving the Block 78 Alley pursuant to the terms of the fourth and
fifth sentences of'Section 3.2 of the SIA and paragraph I of Article IV of the SIA. Neither the
Unit A Owner nor the Unit B Owner will have any obligations With respect to such Block 78
Alley improvements.
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C. Relocation of Existing Above-grade Utilities (Section 3.3 and Article IV,
Paragraph(2)of&M
1. In conjunction with the improvements to the Block 78 Ailey described in
Paragraph I.B.2 above, the Lot 2 Owner shall relocate the existing above grade utilities in the
Block 78 Alley in accordance with the utility relocation.plan that was reviewed and approved by
the City of Aspen's Public Works Director at the time of recording the Final Plat of the
Subdivision and in accordance with Section 3.3 of the SIA.
2. Also, prior to improving the Block 78 Alley, the Lot 2 Owner shall submit a
detailed design plan to the City of Aspen Community Develop�ent Department for the Block 78
Alley improvements that addresses soil stability, erosion co trol, and drainage as well as a
detailed site improvement survey. In designing the Block 7$1 Ailey improvements, the Lot 2
Owner shall consult with the City Engineer and Parks Depar6lnent to determine an acceptable
grade.
D. impact Fees!Section 3.4 of.S M.
1. School Lands Dedication Fee. Pursuant to liand Use Code Section 26.630,
School Lands Dedication, the City will require payment of a fee-in-lieu of land dedication in
conjunction with any residential development in the Subdivision. Prior to building permit
issuance on any residential development within the Subdivision,the owner of the'Lot or,the Unit
that is the subject of the building permit application shall pay]the school lands dedication fee
associated with the residential development proposed in the building permit application pursuant
to the City's requirements.
2. Park Develgpment Impact Fee. Pursuant to Land Use Code Section 26.610,Park
Development Impact Fee,the City will require payment of a park development impact foe at the
time of building permit issuance for any construction within the Subdivision that adds new
residential/lodge bedrooms and/or commercial/offiae square footage. 'l'he owner of the Lot or
the Lint that is the subject of the building permit application ihall pay the park development
impact fee associated with the development proposed in the building permit application.pursuant
to the City's requirements.
E. Sanitation District Standards(Section 3 6 and Article M Paragraph Q 1 of the STA1.
The Lot 2 Owner will provide and complete construction of a m�sewer line extension to serve
Lot 2 of the Subdivision, subject to the review and approval of the Aspen Consolidated
Sanitation District, prior to the issuance of a Certificate of Occt pancy with respect to any new
development on Lot 2 in accordance with Section 3.6 and Article IV, Paragraph(3) of the SIA.
The Lot 2 Owner shall submit a detailed service plan for rev pw and approval by the Aspen
Consolidated Sanitation District prior to building permit submittap on Lot 2.
F. Jan, dscaping(§m ion 3,7 of the SM). At the time the owner of a Lot or a Unit applies
for a building permit for any new development on that owner's Lot or Unit, that owner will
submit a tree protection review plan and a tree permit for the Lot,or Unit that is the subject of the
building permit application. At such time as the Unit A Owner applies for a building permit for
any new development on Unit A, the Unit A Owner will also submit a landscape-planting plan
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for improvement of the City right-of-way for the entire tot frontage of Lot 1 abutting Fast-
Bleaker Street and for the Unit A portion of the Lot I frontage abutting North Monarch Street
that will be reviewed by the Parks Department in conjunction with the City's review of the
building permit application. At such time as the Unit B Owner applies for a building permit for
any new development on Unit B,the Unit B Owner will also submit a landscape-planting plan
for improvement of the City right-of-way for the Unit B portion of the Lot 1 frontage abutting
North Monarch Street that will be reviewed by the Parks Department in conjunction with the
City's review of the building permit application. If the City requires that a single landscape-
planting plan and tree protection review plan be submitted for the entire Subdivision at the time
the first building permit application is submitted for development within the Subdivision,then all
of the owners within the Subdivision will cooperate in good f4th to develop such plans together
and shall equally sbare the costs of preparing such plans. Thy actual work prescribed by such
plans shall be the responsibility of each owner with respect to such owner's Unit or Lot within
the Subdivision.
lT. FINANCIAL ASSURANCES(LETTER OF CREDIT OR BOND)
(ARTICLE IV OF SIA)
A. AM Improvements. To ensure the construction acid installation of the Subdivision
Improvements described in Sections I.B.2,LC and LE above,toe Lot 2 Owner will provide to the
City either an irrevocable standby letter of credit from a responsible financial institution or a
bond in the amount of$68,900 as required by Article IV of the:SIA.
B. East Bleeker Frontage ImDroye�aneiats. To ensure the construction and installation of
the Subdivision Improvements described in Section I.A.I above,the security required by the City
pursuant to Paragraph (4) of Article TV of the STA will be provided pursuant to the terms of
Section I.A.I I.
C. unit B Eliminate Curb Cut. To ensure the construction and installation of the
Subdivision Improvements described in Sections i.A.3 above,Jhe Unit B Owner(or the owner of
Lot 1 if Unit B has not been established) will provide to the City any security required by the
City to secure the performance of such work.
D. ginancial Assurances COmRN with SIA. The letters) of credit or bond(s) will be
provided to the City in accordance with the requirements of the SIA.
HL GENERAL PROVISIONS
A. General Application of Agreement, This Agreement divides and allocates the
responsibilities and obligations set forth in the SIA but does uiot in Itself amend or supersede in
any fashion any part of the Final Plat of the Subdivision or any provisions of the SIA..
B. Binding n Subsequent Owners. This Agreement'shall be recorded with the Pitkn
County Clerk and Recorder. This Agreement when executed and when recorded shall inure to
the benefit of and be binding upon the successors in interest siiid/or the legal representative(s)of
the respective parties hereto,including all purchasers,lessors„and subsequent owners of any lots
or units in the Subdivision.
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C. Remedies: Attorneys' Fees. If any party breaches this Agreement, the non-breaching
party(ies)shall have all remedies available at law and in equity. In addition,without limiting the
foregoing, if any party will be delayed in commencing work on its property or obtaining a
certificate of occupancy from the City due to the failure of another party to perform its
obligations hereunder, then the non breaching party shall have the right of self-help to perform
the obligations of the breaching party and may thereafter collect from the breaching party all
damages and expenses incurred by it in exercising such self-help right. In addition, the
prevailing party in any litigation or binding arbitration shall have the right to recover all
reasonable costs, including but not limited to reasonable attorneys' fees, incurred in connection
with any dispute arising under this Agreement.
IN WITNESS WHEREOF, the parties have hereunto het their hands and seals as of the
day and year first above written.
LOT 1 OWNER:
SEMRAU FAMILY LLC,
a Colorado Iimited liability co y
By:
othy Semmu, ber
LOT 2 OWNER
LMS LLC,
a Coloradjo.41mited liability company
By:
Larry giterman,Member
STATE OF COLORADO )
} ss:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before meths T day of January,2007 by
Timothy Semrau,Member of Semrau Family LLC,a Colorado imited liability company.
Witness my hand and official seal.
My commission expires:
LAURA SANCHE;Z N Public
Notary Public
State of Colorado '
M►� zao�
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STATE OF COLORADO �
COUNTY OF PITKIN ) ss:
The foregoing instrument was acknowledged before me this day of January,2007 by
Larry Saliterman,Member of LMS LLC,a Colorado limited liability company.
Witness my band and official seal.
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EXHIBIT
9
6
DRIVEWAY SHARING AGREEMENT
THIS DRIVEWAY SHARING AGREEMENT (this reement") is entered into as of
December 1, 2010 by and between CJB REALTY INVESTORS, L.L.C., a Missouri limited
liability company ("CAB"), 202 ASPEN, LLC, a Colorado limited liability company ("202
Aspen'), and GARRET GULCH EQUITY VENTURE, LLC, a Colorado limited liability
company("Garret Gulch").
Recitals
A. CJB is the owner of Condominium Unit B ("Unit B"), Blu Vic Condominiums,
according to the Condominium Map thereof recorded March 1, 2007 in Plat.Book 82 at Page 88
(the "Condo Map") and as defined and described in the Condominium Declaration thereof
recorded March 1,2007 as Reception No.534941 (the"Condo Declaration").
B. 202 Aspen is the owner of Condominium Unit A ("Unit A"), Blu Vic
Condominiums, according to the Condo Map and as defined and described in the Condo
Declaration. 202 Aspen is an affiliate of Garrett Gulch, which is the owner of Lot 2, 202 North
Monarch Street Subdivision, City of Aspen, Pitkin County, Colorado ("Lot 2"). Lot 2 adjoins
Unit A and Unit B. Lot 2,Unit A and Unit B are shown on Exhibit A of this Agreement.
C. The Condo Map and the Condo Declaration provide for a 16-foot-wide"Access
Easement"that extends from East Bleeker Street along the eastern boundary of Unit A into Unit
B. CJB, 202 Aspen and Garret Gulch, as successors in interest, are also parties to that certain
Agreement Regarding Subdivision Improvements for the 202 North Monarch Street Subdivision
recorded on January 9, 2007 at Reception No. 533149 (the "Subdivision Agreement"). Section
B.2 of the Subdivision Agreement provides that access to Lot 2 is to be provided via the alley in
Block 78 of the City of Aspen (the"Block 78 Alley"). Unit A, Unit B and Lot 2 are also subject
to that certain Subdivision Agreement by and between the City of Aspen (the "City") and Blu
Vic,LLC recorded July 12, 2006 as Reception No. 526322 (the "SIA") which likewise provides
that access to Lot 2 is to be provided via the Block 78 Alley.
D. CJB, 202 Aspen and Garret Gulch desire to agree upon terms by which CJB
would cooperate in permitting the portion of the Access Easement on Unit A to be used for
providing ingress to and egress from Lot 2, as it may be developed with a single-family or duplex
residence.
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. 202 Aspen's Obligations.
(a) Conditioned on final approval and recording of all necessary amendments to the
Condo Declaration and the Condo Map and the final issuance of all necessary approvals
from the City to allow the Access Easement to be used for ingress to and egress from Lot
2 as it may be developed with a single-family or duplex residence(the"City Approval"),
202 Aspen agrees that it will complete construction of shared driveway improvements
within the portion of the Access Easement located on Unit A at its costs and expense(the
"Shared Driveway Irnproyements"). 202 Aspen and Garret Gulch agree that such
approvals from the City shall provide shall
residential use as a single-family or duplex residence so long as the Access Easement is
being used for ingress to and egress from Lot 2. The portion of the Access Easement in
which 202 Aspen will construct the Shared Driveway Improvements is depicted by a red
box on Exhibit A. Such area of the Access Easement is currently improved with a gravel
driveway leading from East Bleeker Street to the concrete carport on Unit B in front of
the two-car garage on Unit B. The Shared Driveway Improvements will include a paved
driveway of concrete or a comparable hard surface that includes a radiant snowmelt
system. The turn-off from the Shared Driveway Improvements within the Access
Easement into Lot 2 will be located south of the common Unit line of Unit A and Unit B
and in no event will extend on to Unit B. In addition, the turn off from the Access
Easement and the Shared Driveway Improvements into the new driveway into Lot 2 will
not exceed 18 feet in width at its widest point as it joins into the Shared Driveway
Improvements.
(b) In addition to constructing the Shared Driveway Improvements, conditioned on
the City Approval, 202 Aspen also agrees at its cost and expense to pave with concrete or
another appropriate hard surface and install a snowmelt system in the approximate 18-
foot x 6-foot strip of existing yard area on the north side of the existing garage on Unit A
in the area adjoining the Access Easement(the"IM Area").The 18x6 Area is depicted
with a blue box on Exhibit A. The 18x6 Area, regardless of its actual dimensions, shall
not extend westerly of the window well shown on Exhibit A. 202 Aspen will install these
improvements in the 18x6 Area on Unit A (the "18x6 Improvements") as part of its
construction of the Shared Driveway Improvements and within the same timeframe (as
further provided below).
(c) With respect to the construction of the Shared Driveway Improvements and the
18x6 Improvements(referred to collectively as the"Driveway Work"),202 Aspen shall
employ an experienced,licensed contractor to construct the Driveway Work in a good
and workmanlike manner. 202 Aspen warrants that the design,construction and
installation of the Driveway Work shall conform to the requirements of all applicable
laws, including but not limited to applicable building,plumbing and electrical codes and
the requirements of any authority having jurisdiction over, or with respect to, such work.
202 Aspen shall also require that the contractor carry such insurance as is commercially
reasonable given the scope of the Driveway Work. If any lien is filed against Unit B in
connection with the Driveway Work,202 Aspen shall cause the lien to be discharged of
record within 10 days after the filing of the lien by payment,posting of a statutory surety
bond with the appropriate court or otherwise. 202 Aspen shall indemnify and hold
harmless the owner of Unit B from and against any claims, demands, causes of action,
costs, damages,expenses(including attorneys`fees),liabilities,penalties,fines and
judgments in any way arising out of or relating to such Driveway Work.
(d) Prior to commencement of construction of the Shared Driveway Improvements
and the 18x6 Improvements, 202 Aspen will submit the plans and specifications for such
improvements to CJB for CJB's review and approval, which approval will not be
unreasonably withheld, conditioned or delayed, provided the plans and specifications
comply with the requirements of this Agreement and the City. In no event will 202 Aspen
have the right to widen the Access Easement beyond its current dimension of 16-feet in
width. 202 Aspen agrees that all storm water treatment, removal and/or impacts need to
be engineered and installed as required by the City, with no discharge on to Unit B and
all costs related thereto borne by 202 Aspen. In addition, in obtaining the City Approval,
202 Aspen shall not have any authority to agree to any conditions or requirements
imposed by the City that would materially and adversely affect the use, ownership or
value of Unit B without obtaining CJB's prior written consent.
(e) Conditioned on the City Approval, 202 Aspen will complete the Shared
Driveway Improvements and 18x6 Improvements pursuant to the approved plans and
specifications and all City permitting requirements within an agreed upon construction
period pursuant to the following provisions. .Prior to commencing construction, 202
Aspen and CJB will cooperate in good faith to agree on a construction period that avoids
holidays and other times of the year during which CJB intends to occupy Unit B. 202
Aspen will commence construction at the beginning of the agreed upon construction
period and will complete construction within three weeks following the date of
commencement, subject to force majeure delays beyond the reasonable control of 202
Aspen. If 202 Aspen does not complete the Shared Driveway Improvements and the
18x6 Improvements by such deadline, then at any time thereafter, after giving written
notice to 202 Aspen as provided under Section 4 below and 30 days following such
written notice within which to complete the construction, CJB shall have the right (but
not the obligation) to install the Shared Driveway Improvements and the 1$x6
Improvements pursuant to the approved plans and specifications, and 202 Aspen shall
reimburse CJB for CJB's actual reasonable costs in completing such work within 30 days
after receiving an invoice and reasonable supporting documentation for such costs. If
202 Aspen does not reimburse CJB within such 30-day period, then the amount owed
shall begin accruing interest at the rate of 12%c per annum until paid in full.
(f) If 202 Aspen is not able to obtain the City Approval because the City will not
allow the Access Easement to be used for ingress to and egress from Lot, CJB will have
the right,but not the obligation,to construct the Shared Driveway Improvements and the
18x6 Improvements at its sole cost and expense and in accordance with the provisions of
Section 1(c) above, and 202 Aspen will reasonably cooperate with CJB to allow for the
prompt and efficient construction of these improvements.
(g) Unit A and Unit B shall be responsible to maintain and repair and pay for the
costs of removing snow from all portions of the Access Easement Iocated on the
applicable Unit's Limited Common Elements as provided under Section 9.1 of the
Declaration and, in this regard, to keep such areas in good order, condition and repair and
in a clean and neat condition at all times. The 18x6 Area shall be included in the portion
of the Access Easement on Unit A's Limited Common Elements for purposes of Section
9.1 of the Declaration. Additionally, the gas service required to power the snowmelt
system for the Shared Driveway Improvements and the 18x6 Improvements will be
placed on a new separate meter. While 202 Aspen is not certain whether electric service
shall be required to power the snowmelt system, any electric service that may be required
shall, at the discretion of 202 Aspen, either be placed on a separate meter or run off of
electrical equipment Iocated on Unit A or Lot 2.All mechanical and electrical equipment
(the "snowmelt Equipment') required to operate the snowmelt system will be
physically located on Unit A or Lot 2 but under no circumstances shall it be located on
Unit B.The costs of the electric and gas services and usage, as well as the costs related to
ordinary maintenance and repair of the SnowmeIt Equipment for the Shared Driveway
Improvements and the I8x6 Improvements after the initial installation of said equipment
(collectively referred to as the "Driveway Use and Maintenance Expenses") shall be
shared by the parties to this Agreement as follows:Unit A: 35%;Unit B: 35%G; and Lot 2:
30%; provided, however: (i) in the event that 202 Aspen elects to not put the electric
3
service that is required to power the snowmelt on a separate meter, then ffe- property
upon which such electrical equipment is located shall cover 100% of the electrical costs
related to the snowmelt system; and(ii) in the event that 202 Aspen is not able to obtain
City Approval but CJB exercises its rights to construct the Shared Driveway
Improvements and the 18x6 Improvements as set forth under Section 1(f) above, then
Unit A and Unit B shall share the Driveway Use and Maintenance Expenses in
accordance with this Section 1(g) and Lot 2 shall not be responsible for any such
expenses. Notwithstanding the foregoing, in the event that the Snowmelt Equipment
requires major repair or replacement on or before three (3) years from the date of initial
installation by 202 Aspen, then the owners of Unit A and Lot 2 shall cover all such major
repair/replacement costs, except in the event that such repair or replacement is due to the
negligence of the Unit B owner.
(h) 202 Aspen will cooperate with CJB, as provided below in Section 2, to cause the
Condo Declaration and, if necessary, the Condo Map to be amended, within thirty (30)
days from the completion of the 18x6 Improvements, to grant the owner of Unit B a
perpetual, non-exclusive easement to use the 18x6 Area on Unit A for ingress to and
egress from Unit B.
2. CJB's Obligations. CJB will cooperate with 202 Aspen to cause the Condo
Declaration and, if necessary, the Condo Map to be amended: (a)to grant to the owner of Lot 2 a
perpetual, non-exclusive easement to use the Access Easement for ingress to and egress from Lot
2 as it may be developed from time to time with a single-family or duplex residence and (b) to
grant the owner of Unit B a perpetual,non-exclusive easement to use the 18x6 Area on Unit A for
ingress to and egress from Unit B. Such amendments and easement will be agreed to the parties in
good faith and will be recorded upon completion of the Shared Driveway Improvements and the
18x6 Improvements based on the as-built condition of such improvements. Such good faith
cooperation between CJB and 202 Aspen will also include obtaining the written consent of any
lender that has provided financing to CJB secured by Unit B and of any lender that has provided
financing to 202 Aspen(or its assignee) secured by Unit A, unless 202 Aspen and CJB agree that
it is not necessary to obtain the consents of such lenders. CJB will also cooperate with 202 Aspen
and Garret Gulch to amend Section B.2 of the Subdivision Agreement and, as may be necessary
and if approved by the City, the SIA for the purpose of acknowledging and allowing that access
to Lot 2 for single-family or duplex residence purposes will be provided via the Access Easement
rather than via the Block 78 Alley. CJB further agrees that it will allow 202 Aspen, at no cost to
202 Aspen, to use all unused fee credits that Unit B may have pursuant to the City's Residential
Renewable Energy Mitigation Program ("RENIP") for use in satisfying the REMP fees that are
owed by 202 Aspen for construction of the snowmelt system for the Shared Driveway
Improvements and the 18x6 Improvements. The developer of Unit B has estimated that the
unused amount of REMP credits available would offset the REMP fees owing for 379 square feet
of snowmelting,but the parties acknowledge that this estimate will need to be verified.
3. Successors and Assigns. This Agreement shall be binding on 202 Aspen, Garret
Gulch and CJB and their respective successors and assigns and each party agrees to disclose the
existence of this Agreement to any prospective transferee of its property. This Agreement itself
will not be recorded.
4. Notices. Any notice, demand, or document which either party is required or may
desire to give, deliver or make to the other party shall be in writing and may be personally
delivered or given by United States certified mail,return receipt requested, addressed as follows:
4
To Unit A: 202 Aspen,LLC
2950 E Broad Street,2"d Floor
Columbus,Ohio 43209
To Unit B: CJB Realty Investors,L.L.C.
6544 Wenonga Cir.
Mission Hills,KS 66208
To Lot 2: Garret Gulch Equity Venture,LLC
2950 E Broad Street, 2`d Floor
Columbus, Ohio 43209
Any notice,demand or document so given,delivered or made by United States mail shall
be deemed to have been received on the earlier of the date actually received or the third business
day after the same is deposited in the United States mail as certified matter,addressed as above
provided,with postage prepaid,or addressed,at the address of record for real property tax
assessment notices with respect to the applicable property,as appropriate.
5. Duty of Good Faith. The parties acknowledge that fulfillment of the intent and
purpose of this Agreement will require further cooperation and coordination.The parties agree to
cooperate and act in good faith in dealing with each other to fulfill the intent and purpose of this
Agreement.
6. New Access to Lot 2 only for Residential Access Purposes. The parties
acknowledge and agree that the access over the Access Easement contemplated to be granted for
the benefit of Lot 2 is for the use of Lot 2 for residential purposes only per the City's regulations
governing single family or duplex residential use and as defined by the City's land use code and
other regulations. Garret Gulch, as the owner of Lot 2, for itself and its successor's assigns,
agrees that in the event the Access Easement is used for ingress to and egress from Lot 2,then(a)
the use of Lot 2 shall be limited to residential purposes only on as defined by the City's land use
code and other regulations and the development on Lot 2 shall be limited to a single-family or
duplex residence; and (b) Lot 2 shall not be used for office, commercial, retail or any other
nonresidential purposes (except only as may be allowed as an accessory use of the property
consistent with a residential use as per the City's land use code); and (c) the easement shall be
granted for access for ingress to and egress from Lot 2 only and the easement shall not be used
for utility or any other purposes other than access.
7. Termination. If neither 202 Aspen nor CJB has commenced construction of the
Shared Driveway Improvements and the 18x6 Improvements pursuant to the terms of this
Agreement by November 1, 2012, then this Agreement shall automatically terminate and the
parties shall be released from all obligations under this Agreement. The parties may extend such
automatic termination date by mutual agreement. Additionally, the parties acknowledge that
while 202 Aspen has until November 1; 2012 to commence construction as described above, 202
Aspen has represented to CJB that it intends to obtain City Approval well in advance of said date.
Therefore,the parties agree that if 202 Aspen has not obtained City Approval on or before March
31,2012, then CJB shall have the right(but not the obligation) to terminate this Agreement upon
written notice to 202 Aspen and Garret Gulch in accordance with Section 4 above.
8. Costs of Improvements. Notwithstanding any other provision of this Agreement
to the contrary though subject to Section 1(f) above, the parties hereto agree that 202 Aspen is
responsible for all costs and expenses related to the Shared Driveway Improvements and the 18x6
5
provemen s including without limitation costs associated with ity approvals, City fees
(REMP, impact etc.), permits, design and engineering, soft and hard construction costs,
amending plats, maps, subdivision improvement agreements or other similar agreements. The
only costs that CJB shall cover in connection with the Shared Driveway Improvements and the
18x6 Improvements are the costs of attorneys and/or consultants retained by CJB.
EXECUTED as of the date first given above.
202 ASPEN,LLC, a Colorado limited liability
company
By:
Name: William Gut
Title:Manager
GARRET GULCH EQUITY VENTURE,LLC,
a Colorado Iimited liability company
By:
Name:Vtli 'am
Title:Authorized
CJB REALTY INVESTORS,L.L.C., a Missouri
limited liability company
By. LTr
Jeff W ember
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EXHIBIT
s
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN(hereinafter CITY) and Garrett Gulch Equity Ventures LLC
(hereinafter APPLICANT)AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for Rezoning and
Amendment to Ordinance No.2, Series of 2006,(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57
(Series of 2000) establishes a fee structure for Land Use 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 that APPLICANT make payment of an initial deposit and to thereafter permit additional
costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may
accrue following their hearings and/or approvals. APPLICANT agrees he will 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 to the Planning Commission and/or City
Council to enable the Planning Commission and/or City Council to make legally required
findings for project consideration, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its
right to collect full fees prior to a determination of application completeness, APPLICANT shall
pay an initial deposit in the amount of$_2.,940 which is for twelve (12) hours of Community
Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall
pay additional monthly billings to CITY to reimburse the CITY for the processing of the
application mentioned above, including post approval review at a rate of $245.00 per planner
hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing
date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing, and in no case will building permits be issued until all costs associated
with case processing-have been paid.
CITY OF ASPEN APPLICANT
By: By:
Chris Bendon Garrett Gulc quity Ventures
Community Development Director 2950 E.Broad ree
Columbus,OH 43209 4
W1l,l1AM Elu-fA,I' A0A 6M
EXHIBIT
201 N MILL ASSC LLC 202 ASPEN LLC a
201 N MILL ST 2950 E BROAD ST 2ND FL
ASPEN, CO 81611 COLUMBUS, OH 43209
ALPINE PETROLEUM LLC AMATO JOSEPH A BERKO GINA
435 E MAIN ST PO BOX 503 292 GLEN EAGLES DR
ASPEN, CO 81611 HIGHLAND MILLS, NY 10930 ASPEN, CO 81611
CARLS REAL ESTATE LLC CHALAL JOSEPH B CITY OF ASPEN
PO BOX 1365 31 ANNA ST ATTN FINANCE DEPT
ASPEN, CO 81612 OCEAN RIDGE, FL 33435 130 S GALENA ST
ASPEN, CO 81611
CJB REALTY INVESTORS LLC COLORADO MOUNTAIN NEWS MEDIA COMMUNITY BANKS OF COLORADO
6544 WENONGA CIR CO BOX 1927 127 W 4TH ST
MISSION HILLS, KS 66208 PUEBLO, CO 81003
CARSON CITY, NV 89702
COMMUNITY BANKS OF COLORADO CROSBY BURNETT FAMILY PTNSHP ELM 223 LLC
210 N MILL ST 4312 BORDEAUX AVE 1230 SNOWBUNNY LN
ASPEN, CO 81611 DALLAS,TX 75205 ASPEN, CO 81611
FIRST 415 RIO GRANDE PLACE TRST FLEISHER DAVID M GETTMAN ROSA H TRUST
SECOND 415 RIO GRANDE PLACE TRST BERKO GINA 325 S FOREST
PO BOX 8982 292 GLEN EAGLE DENVER, CO 80246
ASPEN, CO 81612 ASPEN, CO 81611
HODGSON PHILIP R 50% JEROME PROPERTY LLC KLEIN HERBERT S&MARSHA L
HODGSON PATRICIA H TRUST 50% 540 W MADISON ST 201 N MILL ST#203
212 N MONARCH ST CHICAGO, IL 60661 ASPEN,CO 81611
ASPEN, CO 81611
LARSON KARL G&M MADELEINE LIGHT HOLDINGS LLLP MADDEN WALTER ROSS 42.5%
PO BOX 8207 733 13TH ST 218 N MONARCH ST
ASPEN, CO 81612 BOULDER, CO 80302 ASPEN, CO 81611
MATTINGLY MARK&ALIXE MILL&MAIN LLC MOORE KIMBERLY K
929 CAMINO VIEJO 2900 OCEAN BLVD PO BOX 11919
SANTA BARBARA, CA 93108 CORONA DEL MAR, CA 92625 ASPEN, CO 81612
MYRIN CUTHBERT L JR 57.5% NEWLON LLC PARZYBOK WILLIAM G JR TRUSTEE
218 N MONARCH ST C/O DANFORTH PO BOX 670
ASPEN, CO 81611 PO BOX 1863 WOODINVILLE,WA 98077
ASPEN, CO 81612
PITKIN COUNTY PUPPY SMITH LLC RANDALL ELLEN a
--530 E MAIN—ST—#302 — 205 S MILL ST SUITE 301A— — 25 BRIAR HOLLOW LN
ASPEN, CO 81611 ASPEN—,CO 81611 HOUSION, I tturt
RAYTON RENEE S&A EQUIPMENT COMPANY SEMRAU FAMILY LLC
PO BOX 12104 SCOTT LARSON GENERAL PARTNER 204 N MONARCH ST
ASPEN, CO 81612 PO BOX 910 ASPEN, CO 81611
PEWANKEE,WI 53072
WELLS FARGO BANK 225 NORTH MILL ST LLC
C/O THOMSON PROPERTY TAX WHITMAN A 225 N MILL ST
SERVICES 4845 HAMMOOCK CK LAKE DR ASPEN, CO 81611
PO BOX 2609 CORAL GABLES, FL 33156
CARLSBAD, CA 92018
All
s