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Home My WebLink AboutLand Use Case.942 Chance Ct.0047.2011.ASLU0047.2011.ASLU 942 CHANCE CT AMENDMENT TO PUD / SUBDIVISION AGREEMENT PARCEL # 2737 1888 005 2-751 '02.10 oor, 1 J P .//3 - U 14@ 0 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0047.2011.ASLU PARCEL ID NUMBERS 2737 182 98 005 PROJECTS ADDRESS 942 CHANCE CT PLANNER AMY SIMON CASE DESCRIPTION PUD AMENDMENT REPRESENTATIVE DAVID MYLER DATE OF FINAL ACTION 11.14.11 DATE OF FINAL REFUND/ 12.31.14 PAYMENT CLOSED BY ANGELA SCOREY ON: 1.13.15 .. ~-c.~\D 2 737 48-48- 001 004-7 Â· 20( 1 Â· Ast--Of ' 9 11.-t, T .1081 . .12,â€ž :. 1., d?T''lrt-â€žifI:1 -21-r- 21:77[..11*.- 7777-r.=Cr~~I~~r.7:7,~Â·,~7= Q pt Ble Edit Becord NavigaW Fgrm Report Format Iab telp J i@@ K , V -4 '41 ligg G 3 Ad.1 i N J , 4 0 11 i Jump 1 : *Ii 016 1 i A â‚¬1 6 3 3 J .Iil - @ 3% J g JI , Rogthg Status ~Fee- ifee 5ummary- ~U.~ @tions Attachments |Routing Hstory 10- IArch/Eng |Cutom Flelds 'Slb tennits |Parce!# 1 0 4 - 19#1*f.M ,-4-1//iki,*fikpi)Â£614**A,g):tink....:Imi..Ii.~Iâ€ži- V ./ 2 62 type aslu Aspen Land Use Permt # ]047 2011.ASLU 2 4 ' Address 942 CHANCE CT Apt&51.IEe - ~ + Cly ASPEN State ~ @ 81611 *:mil--Il. tr 1 Permit INormatim ,+* .i *12151191- ./... m . D Master perint Routtlg cueue |aslu07 | Appled |62.22011 Project Ratus pending 4proved DeolÂ®on AMENDMENT TO PUD / SUBDIV610N AGREEMENT Iged i. ~, Submitted DAVID MYLER 927 0456 Clock *F| Days ~1| Expires 6/162.012 ' ~ Subnltted via igues; 25 Last name ~ILLARD VvILLIAM T Il & DILI First name )0 BOX 486 LITTLE ROCK AR 72203-0486 ty Phone ~ 1 - Address Applicant O Ownel is applicant? Il Contractor is app|icant? ~t Lastname THE MYLER LAWml, PC Frst name ~AVD 211 MIDLAND AVE 201 E- Phone (970)927.0456 Cust # 26596 AddresS BASALT CO 81621 'fi Last name First name 0 Phone () - Address fr. $>. Displags the permit lender': acbm ..ApenGoldill"9 0/1/'8/ 1|IIIIIilott Cic * 1{81 .7 *Abikh id A-A'21 0.08 ~4~Mz:*jr- *~ 02-00 1- C I l â‚¬44*k ~Â°f~2/3 / h Â¢ical-Â·C~ *e_s a-&0 4 \410-CD / *Q Llifv *- 29 81 4 4 11:21:28 AM, RECEPTION#: 584351:-~1/15/2011 at 1 OF 2, R $16.00 Doc~de SUB AGREE Janice K. Vos Caudill, Pitkin County, CO AMENDMENT NO. 1 TO P.U.D. AND SUBDIVISION AGREEMENT This Amendment No. 1 to P.U.D. and Subdivision Agreement ("Amendment No. 1 ") is made and entered into this 1 64 day of Al. 6-13 , 2011, by and between the CITY OF ASPEN, a Colorado municipality ("Aspen"), and WILLIAM T. DILLARD II and MARY AMANDA DILLARD (the "Dillards"). RECITALS A. On or about July 25, 1984, Aspen and Aspen Chance, Inc. entered into a P.U.D. and Subdivision Agreement, which was recorded in Book 470 at Page 758 in the office ofthe Clerk and Recorder of Pitkin County, Colorado (the -PUD Agreement"), which set forth certain conditions and requirements related to the approval, use and occupancy of lots to be developed within the Aspen Chance Subdivision iii Aspen, Colorado; B. The Dillards are the current owners of Lot 5, Aspen Chance Subdivision, according to the Plat thereof recorded November 19, 1989, in Plat Book 23 at Page 55, as Reception No. 317001, and in Plat Book 18 at Page 28, as Reception No. 274911, County of Pitkin, State of Colorado ("Lot 5"); C. Article II of the PUD Agreement required that the use and occupancy of any employee housing unit constructed within the residences on Lots 4,5 or 7 of the Aspen Chance Subdivision be restricted to comply with Aspen's Affordable Housing Guidelines, as more specifically set forth in said Article 11; and D. The parties desire to release Lot 5 from the employee housing restrictions as set forth in Article II ofthe PUD Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. As authorized by Ordinance No. 25, Series of2011, adopted and approved by the Aspen City Council on August 12,2011, and subject to the conditions thereof, Lot 5 and the owners thereof are hereby forever released from the provisions of Article II of the PUD Agreement. With respect to Lot 5, the provisions of Article II of the PUD Agreement shall be of no further force or effect. 2. Except as provided in paragraph 1, above, the PUD Agreement shall remain in full force and effect. CITY OF ASPEN, a Colorado municipality By 1004/* Attest: , Mayor ASPEN CITY CLERK Â«14Â»ly o L L '*7~~ 0161% dit *,41 ~ttiR= .. \CiO â‚¬4.3 % William T. Dillard II 4 *11/1 zâ‚¬ 19 21t Bric- A.UL,t e J n I,1 /3 Mary Ama#dA Dillard STATE OF ~r /<Af).56% ) ) SS COUNTY OF Pgral ) The foregoing instrument was acknowledged before r,dids..../CiA day of Alo 1/01147-, 2011, by William T. Dillard II. . PUBLic- 44'44 WENDY Witness my hand and official seal. 2 42:'SMITHPETER~ 1 ~*:No. 12357488: *2 1 '% COMM. EXP : *-- Mycommission expires: Il~Ilf~3014 1 ..11-16-2016'... S ~'34;0; ~Â·6J;ki / '111,1,1 1.1. 2-Â£'tÂ«Â£ x,*01'Â»i.-~*t. L Notary Public d STATE OF At-kd 11,iRS ) ) SS COUNTY OF ~FF rot ) The foregoing instrument was acknowledged before qy#84'#is'i~(O1~lday of /U~) &74+~371, 111....., 2011, by Mary Amanda Dillard. 34 Â¥0?99'L 4 ~'''WENDY''CÂ¥ Witness my hand and official seal. - *(No. 123574886 * s *:SMITHPETERS'Â·.6 Mycommission expires: 11 ~11-2~20(4 3 t. COMM. EXP. i + E Â·,11-16-2016 2 45 %2 RY coe*\,"" "littiN' 1 liJ-â‚¬~lktorn-Au0k Notary Public 0 Amendment No I to PUD and Subdivision Agreement 092811.wpd 4 4 b - . 2 lofi letl Dican 0, . 0 14 72Â»eaa Refund Process Form --- 62.L msan A../,le City Â·of Aspen THE OTY Op -ASPEN Community Development Department fees to Refund? D BUÂ·ILDING ~ PLANNING O ENGINEERING D OTHER pplicant Name (PillicÂ»Â·rn EDI 11(10, A Contect Ph # 5 013776 5-33&-- Failing address P.O [2,09 1488 L iftle Fiock- ~ Rlo, 60Ln scis 7,21.03 -mail address: Permit/Case Number: 004 4. 2-0 1 1-. 0--c,L U Project name & address 1 04 5 , A 5 p en C--,~hclan e.-2- S LuÂ¢ cli val'o n 01 4 3 C.,1/1 CLO C-e_ C.cÂ»ja + Fee Breakdown: 62//: -4-c- uw'-*r-D - fep-/ RET-Irs-9*~-%---1=- v-f:=aerEE--FSEEES.292~-- 7--5=-~-1,7 -tWill- li~.+11 illrict -, Ina 6- -- ~26-=â‚¬35229:x.Â·'22=u:,=~9<44euÂ·.b..-4--tr==h-21-5a-13--ts-:IÂ·:.t-k Â·x.ma=eaP - -53 -_ _ -2~Â·r~Eji Original Fee Refund Or-lgiria{ Fee Refund Fee Descr'ipt']on Â· Fee Descripifion paid Amount Paid Amount Energy Code Fee KEMP.Ree ' Excavat'Jon Foundation Fee | Zon'ing Review Fee ~ < Inspection Fee Mmning ADpljoEDDE, PEE | ~ PermiI Pee ~ Â· HPC Applicaton Fae Mant Check - * 1 1 Dtle: IDthen Other: other: Other TOTAL DF REFUND 5 Reason for Waiver: D Permit Cancelled D Case W [thdrawn E Other-Flease explain: Cate- 6-103 2 4 P' Ictn nâ‚¬ A r 26 Adaitional Information: D:te Approved Date Sent to Finance: rn k b ~21 /=2.-:'2.223 .. ORDINANCE NO. 25 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, AN AMENDMENT TO THE ASPEN CHANCE SUBDIVISION, RELATED TO 942 CHANCE COURT, LOT 5, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-98-005 WHEREAS, the Community Development Department received an application from William T. Dillard, II and Mary Amanda Dillard owners of 942 Chance Court, represented by David Myler of The Myler Law Firm, P.C., requesting approval of an amendment to the subdivision development order for the Aspen Chance Subdivision; and, WHEREAS, the purpose of the amendment is to provide a cash-in-lieu payment to remove a deed restricted unit which was voluntarily provided on the subject parcel; and, WHEREAS, a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on September 12, 2011, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies; and WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions an amendment to the subdivision development order related to 942 Chance Court, Lot 5, Aspen Chance Subdivision with the following conditions: 1) A building permit shall be issued by the City of Aspen Building Department for the removal of the kitchen in the existing dwelling unit, thereby eliminating the Page 1 of 3 .. unit and establishing 942 Chance Court as a single family home. A Certificate of Occupancy verifying the satisfactory completion of this work must be secured within 180 days o f approval of this ordinance. 2) A cash-in-lieu fee of $380,742.25 shall be paid to the City of Aspen at the time of application for the building permit referenced above. Section 2: The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval ofthis ordinance. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office ofthe Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 1201 day of September, 2011, at a meeting of the Aspen City Council commencing at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen 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 22nd day of August, 2011. Attest: .} Kathryn S~Coch, City Clerk Michael C.behind, Mayor / Page 2 of 3 FINALLY, adopted, passed and approved this 12- day of September, 2011. , 'Kathryn S. ]~h, 6..3 ...... a - Michael C. Ireland, May~ Approved as to form: /fity Attorney Page 3 of 3 MEMORANDUM ' VI11 b TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director C '1/101/7 FROM: Amy Guthrie, Historic Preservation Officer RE: Aspen Chance Subdivision Amendment-Second Reading of Ordinance #25, Series o f 2011 DATE: September 12.2011 APPLICANT /OWNER: William T. Dillard. 11 and Mary Amanda .: Dillard. --3 4 REPRESENTATIVE: David Myler, Attorney ,,,.........V---4. r .... . . 2 - 6 41" C < - - -993, . - . LOCATION: .1 - â€žL. - Lot 5. Aspen Chance Subdivision . r . CURRENrr ZONING & USE ~ma~P'-P~ . 1- -- ~~ f- i--- ~244â‚¬~A:1 It-15 with a Planned Unit Development (PUD) Overlay. r. Figure 1: Photo of subject house. The existing caretaker unit is SUMMARY OF PROPOSAL: behind this garage. Aspen Chance is a seven parcel subdivision located off of Ute Avenue. Ii-'pÂ·Â·f #'.ii*~:t,9,:--~ 4/*5#*DÂ·Ufj ~,ev#'WA Approved in 1984, all of the homes in the ~~jydM"%>w â„¢+7.Â·rÂ·gÂ·<04 * ~ Rh r 5%1'4~ 4.li~~0~~0J:-â€¢;i;.1~ Subdivision were exempt from Growth Management because they replaced units <~"412,*41,~Th.,1 1- 441.LIN Â·:Af'4-,~ that were already in existence before the Â·IL'<'*D~~Â¢~/1.t .,- 1{fal. 1, Tir<~-I/A" adoption of GMQS. three ofthe seven *VA' 4%~fli,Ah#&1Â·. *--'1 parcels were permitted (not required) to 4,4-9,42 --29(~- have employee dwelling units. 942 'ti.:# 1-Â·' -44 '- -2 W '3... 9- : ;,~j# < 4~ :.â€¢ Â· .4 Chance Court, the subject of this # 1~ Jt ~â€¢ ~19: -3~ - I .â€¢Â· 6/ .1~i~ -5 application, contains a 1 bedroom, 600 square foot employee unit which is 90 ..a incorporated into the house. Ihe unit is ~2 -=1~~~,0~ deed restricted to Category 3, with Z19.~~.:,0, . â€ž44.-:-qwJ;0" :'i ,Â·#' ~:Ur mandatory occupancy, however the deed -- restriction will expire in 2034. After :FBAWEal/Me&â€¢MIU4%.4 yonr U. the owner would like to provide a cash-in- -di,Ii,-*â€ž-6 ~~ r L lieu payment. k STAFF RECOMMENDATION: Figure 2: Vicinity Map Approval with conditions. 2-L .. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval to redevelop the site: â€¢ Subdivision Amendment for a change to an approved subdivision development order per 1.and Use Code Section 26.480.080.B. City Council is the final review authority who may approve, approve with conditions, or deny the proposal based on whether the amendment is consistent with the approved subdivision development order. PROJECT SUMMARY: City Council approved a PUD/Subdivision for Aspen Chance in 1984. At the time, this former mining claim was already developed with seven legal dwelling units. The subdivision approval included clean up of some environmental concerns and included the dedication of approximately 3 acres o f open space (located on a portion of the property that lies in the County.) There is no ordinance approving the subdivision, but a plat and Subdivision Improvement Agreement were filed. The Subdivision Improvement Agreement is explicit in the terms related to the employee dwelling units. The SIA and staff memorandums about the project made it clear that the employee units were voluntary, not required mitigation. Once established, the employee units became subject to the following language in the SIA: The Owner hereby covenants with the City that the three employee units described above in Â§ 1, paragraph D, to be constructed on Lots 4, 5 and 7 shall be each restricted in terms of their use and occupancy to rental and occupancy guidelines established by the City Council for moderate income employee housing. The owner of the lot shall have the right to lease the unit to a qualified employee of his selection. Such individual may be an employee of the Owner employed as a resident caretaker, provided such person fulfills the definition of "qualified employee" set forth herein. "Qualified employee" as used herein shall mean any person currently residing and employed in the City of Aspen or Pitkin County an average of thirty (30) hours per week, nine months out of any twelve (12) month period who shall meet the moderate income and occupancy eligibility requirements generally established and applied by the City in respect of employee housing. Verification of employment of those persons living in the employee units shall be completed and filed with the City Council or its designee by the owner of the unit. If an owner does not rent the employee unit on his lot to a qualified employee, the employee unit shall be made available in accordance with Housing Authority guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not unreasonably be withheld. The standard "Housing Authority Employee Unit Agreement" shall be entered into prior to the issuance of a building permit for any lot containing the employee housing units and that agreement Page 2 0 f 4 .. shall be tiled with the City of Aspen Housing Authority. These covenants shall be deemed to run with lots 4, 5 and 7 as a burden thereto for the benefit of and shall be specifically enforceable by the City by any appropriate legal action including injunction, abatement, eviction or rescission of noncomplying tenancy, for the period of the life of the longest lived member of the presently existing City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or for a period of fifty (50) years from the date of recording hereof in the Pitkin County real property records, whichever period shall be less. As Housing Authority guidelines changed over the years, this language has been interpreted to mean that the unit is restricted to Category 3. While the owner did comply with the required terms for many years. at some point the unit ceased to be occupied and the Housing Authority began enforcement action. The owner has determined that having an on-site caretaker no longer meets their needs. They propose to remove the deed restriction by payment of a cash-in-lieu fee. The basis for the calculation is as follows. The existing employee housing unit is a 1 bedroom, which provides for the equivalent of 1.75 employees according to housing guidelines. The current cash-in-lieu fee for Category 3, per employee is $217,567, which when multiplied by 1.75 equates to $380,742.25. ~TAFF COMMENTS: 1 he Applicant is requesting subdivision approval for a proposed amendment to a subdivision development order that is consistent with the original approval. in reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.080, Amendment to subdivision development order. The unit was provided voluntarily, but did result in a deed restriction that cannot be eliminated unless approved by City Council. 1 he deed restriction requires this Category 3 unit to be occupied for the next 23 years and no longer. Rather than lose the affordable housing unit forever, the cash-in-lieu payment will allow the creation of a permanent affordable housing unit elsewhere in Aspen. It should be noted that the affordable unit at 942 Chance Court is integrated in the house and does not meet current standards for private entry. REFERRAL AGENCY COMMENTS: The Housing Authority supports the proposed subdivision amendment. RECOMMENDATION: Staff recommends City Council adopt the attached ordinance on Second Reading. approving a subdivision amendment for Aspen Chance Subdivision with the following conditions: 1) A building permit shall be issued by the City of Aspen Building Department for the removal of the kitchen in the existing dwelling unit, thereby eliminating the unit and establishing 942 Chance Court as a single family home. A Certificate of Occupancy Page 3 of 4 .. verifying the satisfactory completion of this work must be secured within 180 days of approval of this ordinance. 2) A cash-in-lieu fee of $380,742.25 shall be paid to the City of Aspen at the time of application for the building permit referenced above. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): -I move to adopt Ordinance No.25, Series of 2011." Crn' MANAGER COMMENTS: ATTACHMENTS: Ordinance #25. Series of 2011 Exhibit A- Application Exhibit 13- Housing Authority referral comment Exhibit C- City Council minutes of January 30,1984 Exhibit D- Original renderings and floor plan for 942 Chance Court Page 4 014 .. ORDINANCE NO. 25 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, AN AMENDMENT TO THE ASPEN CHANCE SUBDIVISION, RELATED TO 942 CHANCE COURT, LOT 5, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-98-005 WHEREAS, the Community Development Department received an application from William T. Dillard, Il and Mary Amanda Dillard owners of 942 Chance Court, represented by David Myler of The Myler Law Firm, P.C., requesting approval of an amendment to the subdivision development order for the Aspen Chance Subdivision; and. WHEREAS, the purpose of the amendment is to provide a cash-in-lieu payment to remove a deed restricted unit which was voluntarily provided on the subject parcel; and, WHEREAS, a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, ofthe Land Use Code: and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on September 12, 2011, the City Council opened the hearing. took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies; and WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code. the City Council hereby approves with conditions an amendment to the subdivision development order related to 942 Chance Court, Lot 5, Aspen Chance Subdivision with the following conditions: 1) A building permit shall be issued by the City of Aspen Building Department for the removal of the kitchen in the existing dwelling unit, thereby eliminating the Page 1 of 3 .. unit and establishing 942 Chance Court as a single family home. A Certificate of Occupancy verifying the satisfactory completion of this work must be secured within 180 days of approval of this ordinance. 2) A cash-in-lieu fee of $380.742.25 shall be paid to the City of Aspen at the time of application for the building permit referenced above. Section 2: The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval of this ordinance. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: 1fhis ordinance shall not aftbct 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 5: 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 o f the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 1201 day of September, 2011, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City o f Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22]ld day of August, 2011. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Page 2 of 3 .. FINALLY, adopted, passed and approved this day of September, 2011. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney Page 3 of 3 .. RECEIVED ATTACHMENT 2-LAND USE APPLICATION JUN 2 2 2011 PROJECT: CIT OF .:0 PEN Name: Lot 5, Aspen Chance Subdivision OMMUNPY MEVELOPMENT Location: 942 Chance Court, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718298005 APPLICANT: Name: William Dillard Address: (/0 Dillard Department Stores, Inc., P. O. Box 486, Little Rock, Arkansas 72203-0486 Phone #: Contact: Paul Schroeder at (501) 376-5335 REPRESENTATIVE: Name: David J. Myler Address: 211 Midland Avenue, Suite 201, Basalt, Colorado 81621 Phone #: (970) 927-0456 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption E] Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream D Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion U Residential Design Variance H Lot Line Adjustment ~ Other: Amendment to P.U.D./ Subdivision Agreement Â£ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing single-family residence with one (1) employee dwelling unit. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Remove Employee Housing requirements applicable to Lot 3, Aspen Chance Subdivision. Have you attached the following? FEES DUE: $ 1,682.00 ~ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement El Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy ofall written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. unum .. THE MYLER LAW FIRM, P.C. TELEPHONE A Colorado Professional Corporation DAVID J MYLER' (970) 927-0456 FACSIMILE (970) 927-0374 ADMITTED IN CO' 211 MIDLAND AVENUE EMAILS SUITE 201 dmyler(@mylerlawpc.com BASAL-I', (OLORADO 81621 cwood@mylerlawpc.com CONNIE A WOOD, LEGAL AS SIS'I'ANT June 20,2011 RECEI"FD City of Aspen JUN 2 -- 2011 Community Development Department Attention: Jennifer Phelan CITY Ok ..: ,*j: 14 130 South Galena Street COMMUNITY DE\,ELOPMENJ Aspen, CO 81611 RE: Amendment to P.U.D. and Subdivision Agreement Aspen Chance Subdivision (Reception #261360) Dear Jennifer: I am submitting this letter to request an amendment to the above-referenced Agreement in order to remove the Employee Housing restrictions applicable to Lot 5, Aspen Chance Subdivision. Those restrictions are set forth in Section II of the Agreement. The following items are submitted in support of this request: 1. Deposit in the amount of $1,682.00. 2. Applicant Information: William Dillard c/o Dillard Department Stores, Inc. P. O. Box 486 Little Rock, Arkansas 72203-0486 3. Applicant' s Letter of Authorization. 4. Title Insurance Report which confirms that the Applicant is the owner ofLot 5, Aspen Chance Subdivision, a/k/a 942 Chance Court, Aspen, Colorado 81611. 5. Completed Land Use Application. 6. Signed Fee Agreement. .. THE MYLER LAW FIRM, P.C. City of Aspen Community Development Department June 20,2011 Page 2 7. Pre-Application Conference Summary. The residence on Lot 5 was constructed with a one-bedroom employee dwelling unit which satisfied the requirements of Section II ofthe above-referenced Agreement. The employee dwelling unit has been rented to a single qualified employee/caretaker, in accordance with the applicable Employee Housing restrictions, for the last eighteen (18) years. The caretaker/tenant recently retired and is no longer residing in the unit. The Applicant does not wish to replace the caretaker with a newtenant. Since the employee unit was not required as mitigation housing when the Aspen Chance Subdivision was approved, and since the employee housing restrictions as set forth in the above- referenced Agreement will automatically expire in 2034, the Applicant proposes to extinguish that requirement at this time in exchange for payment of the applicable cash-in-lieu amount. That amount will be based on 1.7 Category 3 employees and is expected to be $380,742.25. I f you need any additional information or have any questions please do not hesitate to contact me. Very truly yours, THE MYLER~+AW FIRM, P.C. 1/ . -02#. By: ('~-CÂ·-- -Â« ~~~- David J. Myler Enclosures ec: Paul Schroeder for William Dillard (Via Email) .. MEMORANDUM TO: Amy Guthrie FROM: Cindy Christensen, Housing DATE: August 12,2011 RE: Buyout of EDU at 942 Chance Court, Lot 5, Aspen Chance Subdivision Parcel ID No. 2737-182-98-005 ISSUE: The applicant is requesting to have a deed-restricted unit released by paying a cash-in-lieu fee. BACKGROUND: The PUD and Subdivision Agreement for the Aspen Chance Subdivision was approved on July 27, 1984 and was recorded at Reception No. 261360. One of the elements was as follows: Lots 4,5 and 7 may contain a free market dwelling unit and a one (1) bedroom employee dwelling unit deed restricted to moderate income rental guidelines, both contained in a structure as shown on the preliminary Plat of the Aspen Chance Subdivision,. After reviewing the land use documents, the units were not provided for mitigation purposes. The applicant had been renting the unit to a qualified employee/caretaker in accordance with the deed restriction. The employee/caretaker has retired and the applicant is requesting to extinguish the requirement by providing a payment of what would be the applicable cash-in-lieu amount for a one- bedroom, moderate (Category 3) unit. The current cash-in-lieu fee for a Category 3, one-bedroom unit is 1.75 X $217,567 = $380,742.25. RECOMMENDATION: Staff is recommending approval due to the following: 1. The unit was not required for mitigation purposes. 2. The unit is not restricted in perpetuity and would be released in 2034 or sooner. 3. The applicant is willing to provide the current cash-in-lieu fee for a one-bedroom, Category 3 unit. 4. The applicant had been renting the unit as specified in the PUD and Subdivision Agreement. 1 neyllal Meetiflg 212:Sperl Lity LOUnCli January ju, 1984 Butera said he --9 not believe the project can be financed-as proposed. Butera said if this is approved, all hotel zoning for the near future is given away, and buildings will continue to deteriorate. Good opportunities for moderate sized hotels will pass. Butera said many towns attract all the tourists they need with beautiful small and medium sized hotels. Butera urged Council to consider the economic and broader questions in their deliberations. Novak said the applicants have every indication the hotel can be financed. A smaller hotel would not be viable because of the cost of the amenities. Novak said the applicants have worked out with the planning staff a program that would make sense. Mayor Stirling said this issue will be again on the February 6, 1984 agenda. ORDINANCE #78, SERIES OF 1983 - Towing Agreement Mayor Stirling opened the public hearing. City Attorney Taddune told Council all parties are meeting this week to work out the problems, so the ordinance is not ready for second hearing. Councilwoman Walls moved to continue the public hearing and table Ordinance #78, Series of 1983, until February 13, 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #79, SERIES OF 1983 - Snow Removal City Attorney Taddune told Council there are changes from the second draft. In Section 19-181, requires whoever is in charge of the building abutting the sidewalk area intended for pedestrian use must remove snow and ice at least five feet in width. Taddune said they used sidewalk area so that it will apply to an area whether it is paved or unpaved. Taddune said the snow and ice shall be removed on the same days as cessation of fall of snow, ice or within the first three hours of daylight, whichever period is longer. Taddune pointed out 19-183(c) contains a provision that if the person in charge of the building does not remove the snow, someone appointed by the city will do it. This section assesses the cost of snow removal plus a 100 per cent penalty. Taddune said the staff wants to discourage people from using the city as a snow removal service. Taddune said in this ordinance, it is indicated specifically any person violating this ordinance could be guilty of a misdemeanor. Taddune told Council he has defined the accumulation of ice and snow on the sidewalk as a nuisance. Mayor Stirling opened the public hearing. Francis Whitaker said this problem has gone on for at least ten years, and it is time something is done about it. Whitaker pointed out many of the older sidewalks are less than five feet, and people should be required only to clear the sidewalk. Whitaker suggested eliminating the word cessation of snow and insert instead "by noon". Whitaker said it is easier to clean the snow before noon and before it becomes compacted. Whitaker said if the city makes one serious effort to get the sidewalks cleaned, there will be compliance. There has not been an overall effort to enforce the snow removal ordinance. Gideon Kaufman asked how this ordinance would be implemented. Mayor Stirling closed the public hearing. Taddune said the staff did consider the two changes proposed by Whitaker. Taddune agreed about less than five feet sidewalks, but there are areas used for pedestrians that are not paved and the city would have a problem guessing how large an area should be cleared. Taddune said the staff felt five feet was the width of five feet. City Manager Chapman said if someone cleans a sidewalk, and it is less than five feet, the city is not going to make someone clean two feet into the street. Taddune said the staff was very sensitive on the point of when to remove the when. The staff felt the city needed something to indicate when a person would be in violation of the ordinance. Taddune said the staff tried to come up with a solution that best meets the needs of the community. Mayor Stirling said clearing sidewalks is a matter of pride and a spirit of cooperation. The more specific the ordinances gets, the more difficult it becomes to enforce. Council- man Blomquist said 90 per cent of the problem can be handled by ordinance. Councilman Blomquist said all penalties should be the responsibility of the owner. Chapman said the staff discussed a lot about who to cite for this problem; the nub of the problem has always been who to enforce this against. Taddune told Council this ordinance is better than the current ordinance; this gives enforcement options and gives the city the ability to remove snow in a hazardous situation. Councilman Blomquist moved to adopt Ordinance #79, Series of 1983; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, aye; Collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. SPA ZONE DISCUSSION Councilman Collins moved to table this item; seconded by Councilman Blomquist. All in favor, motion carried. ASPEN CHANCE SUBDIVISION Mayor Stirling said this is conceptual application for an R-15/PUD subdivision; if approved it is authorizing further study and review by P & Z. Colette Penne, planning office, told Council there are other reviews associated with this application; GMP exception for three employee units, 8040 greenline review. P&Z deferred action on these until preliminary plat because they need more detailed information. Ms. Penne said this project is not competing in GMP because it went through verification of existing units, and the staff verified seven units. Ms. Penne said this is located across from the Aspen Alps with several small cottages on the bottom, the durant mine building, and a single family dwell- ing. I Regular Meeting Aspen City council uanuary ju, i,og Ms. Penne told Council the applr-ant is asking for three employee rental uirris that will ~ 1 be part of the free market structures. There is no employee housing requirement for this I i property. Ms. Penne said part of this parcel is in the county and part in the city. The ? applicants did not count density for any property in the county or any property above the i 8040 line. The applicants intend to give a trail easement to connect with the Aspen Club ' trail. The applicant has preliminary geological studies and is working on more detail. One of the questions is that there will not be any impact of old mine shafts, the question ~ of the toxic nature of these mine tailings. These items will come out at preliminary plat. Ms. Penne said the basic question in subdivision is the suitability of the land for subdivil 4 sion. Ms. Penne said the applicant has been very sensitive to the people living on this land, and some of them have indicated interest in the employee units. Ms. Penne said access will be from Ute avenue and from Aspen Alps road. Ms. Penne said access and parking I for the Aspen Alps tennis courts should be formalized through agreements. The applicant plans parking at one space per bedroom, which meets the Code requirement. There will be small lots delineated and extensive common areas. Ms. Penne said the applicant has addressed the purposes of the PUD, has done some innovative site planningr and the structures will fit well on the site. 1 Ms. Penne told Council the structures will be sheltered, the majority of trees will be kept.. The utilities will be underground. Councilman Blomquist said he would like to consider annexation for the parts of this property not in the city. Councilman Blomquist said he would also like dedication of the land above the 8040 greenline as a park. Councilman Blomquist said he would like the city to begin acquiring small parcels of land around I the 8040 area as a green belt. Ms. Smith said the applicant has no problem with annexation' would like to do it subsequent to this subdivision as they would like to construct this summer. Ms. Penne told Council the planning office and P&Z recommend approval of the conceptual sugdivision with 16 conditions. i Councilman Blomquist moved to approve conceptual subdivision for the Aspen Chance subdivi- sion with the 16 conditions listed in the planning office memorandum of January 23, 1984; seconded by Councilman Collins. All in favor, with the exception of Mayor Stirling. Motion Â· carried. Mayor Stirling said he would have liked to table this for all the Council to have a site visit and to address some of the concerns. , HANNAH DUSTIN CONDOMINIUMIZATION 1 Councilman Collins moved to table this item; seconded by Councilwoman Walls. All in favor, 1 motion carried. MENDENHALL SUBDIVISION EXCEPTION Richard Grice, planning office, said this is a request for a lot line adjustment between two adjacent lots owned by the Mendenhalls. At the time the house on lot 2 was constructed., there was a building error. The applicants would like to correct the situation on the public re cord and have proposed a lot line adjustment and a 628 square foot of property exchange between the two lots. Each lot will continue to be the same size. Grice told Council no potential development rights will be increased or decreased. Councilman Collins moved to approve the Mendenhall subdivision exception subject to the preparation of a plat meeting the final plat requirements of section 20-15 to be approved by the city engineer prior to recording and subject to the preparation of a statement of subdivision exception to be approved by the city attorney prior to recording; seconded by Councilman Blomquist. All in favor, motion carried. REQUEST FOR ENCROACHMENT - Congdon Jay Hammond, engineering department, said the location of the fence has been staked and , the fence is behind the existing cottonwood trees. Hammond said he talked to the parks director, who has no problems with this. The city does have the opportunity to askÂ·' for , 2 , the removal of the encroachment. The staff recommends approval. Mayor Stirling said many people in the west end have encroached as their own risk. Councilman Blomquist said in ' order to get a building permit, the applicant has to have encroachment permission. Councilman Blomquist moved to grant an encroachment license at 202 West Francis subject tod 6 conditions 1, 2, and 3 in the engineering memorandum of December 20, 1983; seconded by ' , Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. CASTLE CREEK STOPLIGHT Jay Hammond, engineering department, told Council there was a request from Aspen Highlands I for a stop light at Castle Creek and Highway 82. City Manager Chapman said Highlands feels in the morning and during ski season people turning left onto highway 82 have a difficult time, and for safety reasons and ease of access, a traffic light would provide better flow. The state has concluded a traffic light is warranted, but they won't put in a light unless there is a request from the municipal- ity. Hammond said this used to be in , the county's jurisdiction and they have been reluctant to put in a light. Mayor Stirling pointed out the county has authorized a traffic study, and both P & Z's are studying i the traffic question. Councilman Blomquist pointed out with the school people also using I the intersection, it does become dangerous. 1 Councilman Blomquist moved the city request the state to install a traffic light at this ' intersection; seconded by Councilwoman Walls. - Councilman Collins said he would like to see other options besides huge traffic lights. , Council agreed they would like more information before having a light installed. Council requested accident data at this intersection, a copy of the state's warrant information, 1 and what types of signals are available. i Councilman Blomquist moved to ask engineering to submit a report to Council on the state highway's warrant study, maps of traffic accidents in the Aspen area, and signal options; seconded by Councilwoman Walls. All in favor, motion carried. :ya.....94,/0....0...A. - . ,44263 4%34*'+,a.:.Die,-A-'i:,Â¢ w * 0 4. 0 : '~79,392#fti~ -#L I & /'AL.la,3~:*08/%#gr &7 . .-- 4-'â€¢ 4 k.$44* b . '.Â¥4* . e. .U 4 ... .h:Â¥ 90 â‚¬42 .. 6. b - I. .0.- V' v â€¢'' A. ~'~)t<,4~ ' 4.4 4:.191 ..#fp -~I~i4~Â£, I'~ ' ~ Aff~ â€¢Â·â€¢Im F> ~~.-~ >~.~~9* =*-1'.~-<.-~~ , 1.3 A 1 d#Ff 61' .imp 1 6 - - .. 41% UTIN$;:EUR .. 10 . ....6... M N 1'1:Lill,1 1 1 1411) 1 11% 111" 1* ."3./1//AN'-I 1/ ~ ila ;1 *661 1-7 -T,WÂ·Â·AT.7 â€¢, 1 441,1,1. 11,11, 1~p'. 1 11'.41, - -I. L=~ ~f W. 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AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 942 Chance Court, Aspen, CO SCHEDULED PUBLIC HEARING DATE: September 12, 2011 STATE OF COLORADO ) ) SS. County of Pitkin ) I, David J. Myler, being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 26th day of August, 2011, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. (continued on next page) .. Mineral Estate Owner Notice. By fie certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendm~18:~ , Ailth. Signature The foregoing "Affidavit ofrotice" was acknowledged before me this /5~- day of September, 2011, by David J. N/tyler. WITNESS MY HAND At~UEFICIAL SEAL. My commission exn*%#0'*'~ 1~/ 7-- , 1,+Ut' 6/. rzt,)05-Â·ot_ ~ -: 4400 N~# Public 7/liip,2-*........CU $ 'w CM ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 .. PUBLIC NOTICE RE: 942 CHANCE COURT- SUBDIVISION AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday. September 12, 2011. at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by William T. Dillard, II and Mary Amanda Dillard, c/o William Dillard, Dillard Department Stores, Inc,, P.O. Box 486, Little Rock, Arkansas 72203-0486. 'the Dillards are the owners of 942 Chance Court, Lot 5. Aspen Chance Subdivision and are represented by David Myler, Attorney. The applicants request an amendment to a 1984 Subdivision Approval, in order to remove a voluntary affordable housing unit and provide a cash-in-lieu payment. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy.guthrie@ci.aspen.co.us. s/Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on August 28,2011 City of Aspen Account Â· : 49% 4 t Â· 9 b W 4Â«4 .3 , " PUBLIC NOTICE 1 4 40, I $ 41,0 I.ir 4 , '''I â€¢t V 4 4 , '. h#H''r' ~ 1,1 -r 3 . .'. 1 :%. ./...41'. ..3 . 2 . 4, , ..111,7. J ::: 4 -$,4 Â¢ ''..4 1 . . . t '0, -4..â€¢ ~ AS .1 4 16 Â· . 4. &~4*,1 *54,1,rÂ· 0% I I Â· '~ 47%IÂ·:*CJ-~' i . t,".* 44 ** Â·k ' *' Â·:*4Â·. Â·" .. f~'Â·~i!*4Â·3#34~//4~/~ + 3 .*>, 4~1Â·* . + I, ti. 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CH INTERESTS LLC CARMAN PETER CHASE 1011 LLC C/O JOHN P HAVENS 700 UTE AVE #808 PO BOX 3211 11050 CAPITAL PARK DR ASPEN, CO 81611 WESTPORT, CT 06880 HOUSTON, TX 77041 CITY OF ASPEN CHMELIR FRANK J & SANDRA L CHOZEN MERRILL A & JILL E TRST ATTN FINANCE DEPT 201 39TH ST 10776 WILSHIRE BLVD #1402 130 S GALENA ST DOWNERS GROVE, IL 60515 LOS ANGELES, CA 90024 ASPEN, CO 81611 CLARENDON LLC CLARENDON IV LLC COHEN HOWARD & CAROL TRIFARI PO BOX 177 2034 N CLARK ST 120 TOPSAIL MALL BONDI JUNCTION NSW 1355 CHICAGO, IL 60614 MARINA DEL REY, CA 90292 AUSTRALIA CRAWFORD JOAN CRAZY WOMAN INVESTMENTS LLC CRONIN CARL & TOBY ANN 12921 BRUSHWOOD TERRACE 304 S YELLOWSTONE 8748 DORRINGTON AVE POTOMAC, MD 20854 MONTANA, MT 59047 LOS ANGELES, CA 90048-1724 CUTLER SHERRIE STEPHENS TRUST CRUM THOMAS F & CATHRYN R DAVIS TERRY CONNALLY 197 EIGHTH ST 991 UTE AVE 1046 ONTARIO CHARLESTOWN NAVY YARD ASPEN, CO 81611 SHREVEPORT, LA 71106 BOSTON, MA 02129 DEHNERT G PAUL & VICKY DENNING & CLAMAN LLC DEPALMA JOHN R 42 DESILVA ISLAND DR 740 WEDGE DR 710 W WILSON AVE VIILL VALLEY, CA 94941 GRAND JUNCTION, CO 81506 GLENDALE, CA 91206 DESTIN CO DIAMOND NATHAN EPSTEIN ASPEN TRUST 217 PALOS VERDES BLVD #239 5465 BANYAN TRAIL 1900 RITTENHOUSE SQ #8A REDONDO BEACH, CA 90277 MIAMI, FL 33156 PHILADELPHIA, PA 19103 FIDELITAS HOLDING CO LTD -ABER KATHERINE T FAVROT CAFFREY 50% INT 30 CARTIER ST 928 OAKWOOD AVE 124 CHARLESTON PK OTTAWA ONTARIO VILMETTE, IL 60091 METAIRIE, LA 70005 CANADA K2P2E7 7GI J TODD REV TRUST FORD SIMON JOHN HUBIRD FONVIELLE HENRY S & LEE ;/O JT FIGI ENTERPRISES & JULIE DERKS 305 LLOYDS LN ~O BOX 1668 700 LYNCOTT ALEXANDRIA, VA 22302 A JOLLA, CA 92038 NORTH MUSKEGON, MI 49445 OSSIER MIKE W REV TRUST FRIEDMAN RICHARD L FRY LLOYD EDWARD WAINWRIGHT RD #88 20 UNIVERSITY RD 1335 STRATFORD DR VINCHESTER, MA 01890 CAMBRIDGE, MA 02138-5756 PIQUA, OH 45356 .. 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MEYER HOWARD W MEYER WILLIAM J 2/3 MIKA PATRICK D 2660 MIDDLEBURY LN 1101 17TH ST NW, STE 1000 630 N TEJON ST BLOOMFIELD HILLS, MI 48301 WASHINGTON, DC 20036 COLORADO SPRINGS, CO 80903 MILL IRON INVESTMENTS LLC 15% MMR ASPEN RESIDENCE TRUST MOEN DONNE P & ELIZABETH A SHOHET CAROLYN S 85% 1225 WESTMOOR RD 8 CABALLEROS RD PO BOX 64 WINNETKA, IL 60093 ROLLING HILLS, CA 90274 CARLISLE, MA 01741 MORRIS DIANE L TRUST MORRIS TRUST MORTON JENNY S C/O BROWN SUSAN BOEING 906 FRANKLIN 8 PELHAM CRESENT 2550 SCOTT ST RIVER FOREST, IL 60305 LONDON SW7 2NP UK SAN FRANCISCO, CA 94115 NAZCA LLC NICHOLS HOLLI NORTON WESLEY ANN TTEE FAM TRST 275 TRADEWIND DR 1621 KIPLING 2135 CENTURY WOODS WAY PALM BEACH, FL 33480 HOUSTON, TX 77006 LOS ANGELES, CA 90067 NUTTER GEORGE ERNEST & LYNDSAY ORR ROBERT L FAMILY OGURI HIROSHI & KYOKO 223 HANNA RD PTNSHP LLLP 50% 1570 ROSE VILLA ST TORONTO ONTARIO 500 PATTERSON RD PASADENA, CA 91106 CANADA M4G 3P3 GRAND JUNCTION, CO 81506 PAGEAL VENTURES LTD OTTO GERDAU CO OWEN BILLYE HOWELL 55 DELISLE AVE #1003 80 WALL ST #314 3535 GILLESPIE #303 TORONTO ONTARIO NEW YORK, NY 10005 DALLAS, TX 75219 CANADA M4V 3C2 DAISLEY ON THE BEAR LLC PANTER BARRY M TRUST PARKER WILLIAM A JR 191 SPAULDING LN 10100 EMPYREAN WAY APT 103 1900 GARRAUX WOODS RD NW EVANSTON, WY 82930 LOS ANGELES, CA 900673815 ATLANTA, GA 30327 1AUL MARC TRUST PHILLIPS STEPHEN & BARBARA PINE A PHILIP 3661 WENDOVER DR 900 FIFTH AVE 1600 E ATLANTIC BLVD 3EVERLY HILLS, CA 90210 NEW YORK, NY 10021 POMPANO BEACH, FL 33060-6768 PORTER ROBERT A )INSKY STEPHEN & ALENE PRESNALL BETTY 1/3 INT & CHARLYNN MAXWELL 1920 BELLAGIO CT 2752 LA STRANDA GRANDE HTS 611 PARKWAY STE F-13 -ORT MYERS, FL 33913-7006 COLORADO SPRINGS, CO 80906 GATLINBURG, TN 37738 ,ROPERTY INVESTORS #1 LLC PROSTIC EDWARD & MARJORIE PYRFEKT PROPERTIES LLP 1407 BROOKEWOOD CT 2225 STRATFORD RD 1424 CEDAR BAY LN AC LEAN, VA 22120 SHAWNEE MISSION, KS 66208 SARASOTA, FL 34231 .. QD FORECASTLE LLC RAINEY J WALKER & GILLIAN RAMSEY STACIE A QUARTERDECK HOLDING LLC 2 PALMERSTON VILLAS 39 CANTERBURY RD ONE NORTHFIELD PLAZA # 530 RATHMINES MADISON, NJ 07940 NORTHFIELD, IL 600931216 DUBLIN 6 IRELAND RAPPAPORT FAMILY PARTNERS LTD REICH DANIEL S TRUST 25% INT REICH MELVIN L TRUST PO BOX 127 999 N TUSTIN AVE #216 4609 SEASHORE DR TIBURON, CA 94920 SANTA ANA, CA 92705 NEWPORT BEACH, CA 92663 RICE MARGARET A RICHTER VALERIE A TRUSTEE RIDDELL BRALEY LLC 13912 FLINT 6214 N 34TH ST 2900 WESLAYAN RD STE 500 OVERLAND PARK, KS 66221 PARADISE VALLEY, AZ 85253 HOUSTON, TX 77027 , ROSENBERG HENRY A & DOROTHY ROSE FAMILY TRUST ROSENBAUM THOMAS F VALUTREE REAL ESTATE SERVICES 240 S BRISTOL AVE 928 OAKWOOD AVE LLC, TAX SERVICE DIVISON LOS ANGELES, CA 90049 WILMETTE, IL 60091 PO BOX 85188 RICHMOND, VA 232855188 ROSS DWAYNE ALLAN ROTH WALTER TRUSTEE SANDERS RICHARD & JOANNE & DUREE MELLION C/O D ANCONA & PFLAUM 8 PARKWAY DR 10740 PEGASUS ST 111 E WACKER DR STE 2800 ENGLEWOOD, CO 80110 DAVIE, FL 33324 CHICAGO, IL 60601 SCHAFFER REALTY HOLDINGS 11 LLC 3ANDITEN EDWARD STANLEY SCHALDACH NANCY C/O LESLIE SCHAFFER 10 BOX 11566 799 CRANDON BLVD APT 801 161 E CHICAGO AVE #36E ASPEN, CO 81612 KEY BISCAYNE, FL 33149-2555 CHICAGO, IL 60611 3CHARLIN HOWARD R & GLORIA G SCHIRMER LESLIE M TRUST SCHNEIDER ROBERT C 10 EDGEWATER DR APT 4A 4100 E QUINCY AVE 3003 S ONG ST DORAL GABLES, FL 33133-6962 ENGLEWOOD, CO 80113 AMARILLO, TX 79109 SCHWEPPE DAVID P SCHRAMM SCOTT C & DENISE M SCHWARZ REV TRUST & VALERIE G REV TRUST 150 NASSAU ST #20C 860 ARDEN RD 8435 NW 43RD LN 4EW YORK, NY 10038 PASADENA, CA 91106 OCALA, FL 34482 3COTT JOSEPH A SEAMAN SAUNDRA L SEIDMAN DOV LIVING TRUST ~O BOX 5941 8505 ARLINGTON BLVD #210 320 WEST 78TH ST )ENVER, CO 80217 FAIRFAX, VA 22031 NEW YORK, NY 10024 SEWELL BEVERLY JEAN ;EIFERT COLORADO TRUST SHAPIRO CYNTHIA R TRUST & RALPH BYRON '.421 HAMILTON DR 5704 DEVILLE DR 884 QUAIL RUN DR 4MES, IA 50014 EDINA, MN 55436 GRAND JUNCTION, CO 81505-8608 .. SHIRK JAMES A & LINDA S SHULMAN ROBERTA SIEGEL LOIS H QPRT PO BOX 1549 132 NASSAU ST #812 3 GROVE ISLE DR #1109 BLOOMINGTON, IL 61702 NEW YORK, NY 10038 MIAMI, FL 33133 SIMPKINS B DOUGLAS SILVERMAN MARK J & NANCY C SIMON DONNA REV TRUST & JOHNETTE TETLOW 7404 BROOKVILLE RD 1294 ROCKRIMMON RD 2921 AVALON PL CHEVY CHASE, MD 20815 STAMFORD, CT 06903 HOUSTON, TX 77019 SIMUNOVICH JOHN & BRIGID COLETT- SINAI ALLEN SLOANE RICHARD A & CAROLYN J PO BOX 47 16 HOLMES RD 114 HAMMUN AVE DROGHEDA IRELAND CO LOUTH, LEXINGTON, MA 02173 PALM BEACH, FL 33480 SMALL RESTON LLC SMART EDWIN J SNYDER JAMES DANIEL & LINDA RAE 7311 ARROWOOD RD 2009 MARKET ST 1225 BRAEBURN BETHESDA, MA 20817 DENVER, CO 80205-2022 FLOSSMORE, IL 60422 STEWART INFORMATION SOUTH ALPS ROAD LLC STEEL ROBERT & GILLIAN SERVICES CORP 604 W MAIN ST 71 MAYFAIR LN PO BOX 936 ASPEN, CO 81611 GREENWICH, CT 06831 TAYLORSVILLE, NC 28681 STEWART SAMUEL & JACQUELINE 50% STOPEK RICHARD E & JULIE TAGUE PETER & CHERYL 124 CHARLESTON PK 6311 VIA VENETIA NORTH 7 PARK AVE TER METAIRIE, LA 70005 DELRAY BEACH, FL 33484 BRONXVILLE, NY 10708 TATEM H RANDOLPH 111 & SUE BINKLEY TAWGIN JOHN S TOBEY ROBERT W 10 BOX 12373 129 SEA GIRT AVE 41 CHERRY HILLS FARM DR ASPEN, CO 81612 MANASQUAN, NJ 08736 ENGLEWOOD, CO 80110-7113 JTE MESA LOT 1 VANTILBURG JOHANNES & JOANNE WAGNER GANT PROPERTIES LLC 10 BOX 3211 1738 BERKELEY ST 3480 MIDDLEBELT RD NESTPORT, CT 06880 SANTA MONICA, CA 90404 WEST BLOOMFIELD, MI 48323 NATCHMAKER LINDA L 95% WATERS MICHAEL A & ADELAIDE ANN WEINBERG JUDD A TRUST 1527 BRUCE AVE PO BOX 8237 21 S CLARK ST #3140 AINNEAPOLIS, MN 55424-1122 ASPEN, CO 81612 CHICAGO, IL 60603 ~VEKSTEIN TRUST WELLS RICHARD A & SUSAN T WERNST INC 100 BELVIDERE ST UNIT 9A 970 POWDER LN 5141 GLENWOOD POINTE LN NE 3OSTON, MA 02199 ASPEN, CO 81611-2105 ALBUQUERQUE, NM 87111 .. WHITAKER PATRICIA D TRUST WILKERSON WILLIAM REV TRUST WILSON MICHAEL 236 LINDEN AV 321 SUNSET DR #3 8 ELM ST ST LOUIS, MO 63105 FT LAUDERDALE, FL 33301 MARBLEHEAD, MA 01945 WINKLERREVTRST WINTER RUTH F TRUSTEE WOODWARD TERRY TRUST 840 LOMA VISTA DR 175 E DELAWARE PL APT 8404 3662 BRIDGEPOINTE BEVERLY HILLS, CA 90210 CHICAGO, IL 60616 OWENSBORO, KY 42303 ZACHARY MARC ZEFF RICHARD L TRUST STURM MELANIE 14 EVERGREEN WAY PO BOX 410 STRATHAM, NH 03885 ASPEN, CO 81612 0 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4 4 2- 01/iovM 02- C.+ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Hov@cu~) Se-f P lUe- 90'0*Â»20-1-L STATE OF COLORADO ) ) SS. County of Pitkin ) I~ 4*lr-j-â‚¬4 4 ~6 DJ- f+An (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V~Publication of notice: By the publication in the legal notice section of an official Â· paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , to - and including the date and time of the public hearing. A photograph of the posted ' notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U. S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o-wners and governmental agencies so noticed is attached hereto. (Continued on next page) â€¢ .. Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area ofthe proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2-9 day offic,(clliST , 2011-, by ,lon-074 Ch ZE><Z c'+~-ID - WITNESS MY HAND AND OFFICIAL SEAL My commissiou*pkes: \99)Â©01-4 LI\YÂ« Notary Public C IA ~ < CORY J. ~ \ GARSKE ~ ~ 1%2.. jam ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) My Gommi,0198 Explro, 05/09/2012 * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL F * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 z o. co c >.I I . I .0 ' Idc 1 . 0 C-'00-6 0 - - I.Q.-#'.85.2-Â®a,O.Coco e 2-4=322~225%86~222 ~ #5Â®ft:02=Op*Â£@E<-7 1 .Sp22O0=.20-:~Er:.S>,Â®. U, 9- 0... m .:-coEâ‚¬ pic,I ..7 E- u#4 22011@1:Â¤:Ed: NET:052 MI~ 2 Â£1 6,35 %23342% .g- 133 3-3 01= kE-ko EOHE-guE.Ek ma 6222 2620Â·82Â®8:x 24 *5&4191/3-%-*-01 *afte i: â€¢c ~~~6~~ ~05 -c, -E co 2 : â‚¬2 -2 =0 2 2 2.1.-r@ 1,1 -5 0- 102 29 -g-fil 312'22-5-imill F = -_Â©~*tUU*U#-3~fil~ %11 A isnbnv uo Al)18@M sew!1 ued9 1 ! PeWS Iq MEMORANDUM . VII b TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer --OL.--Â·~ RE: Aspen Chance Subdivision Amendment- First Reading of Ordinance #2~), Series 2011 DATE: August 22, 2011 APPLICANT /OWNER: William Dillard REPRESENTATIVE: David Myler, Attorney ~ LOCATION: > Lot 5, Aspen Chance Subdivision . 1: i CURRENT ZONING & USE R-15 with a Planned Unit Development (PUD) Overlay. SUMMARY OF PROPOSAL: Figure 1: Photo of subject house. The existing caretaker unit is Aspen Chance is a seven parcel behind this garage. subdivision located off of Ute Avenue. Approved in 1984, all of the homes in Growth Management because they hht<ir<*e<~rar rio. 9ia frimaâ€¢*=.. 0.9 1Â£.4, replaced units that were existence before the adoption of GMQS. m.Â£1 Three of the seven parcels were ~ E-'t~ ~ 1%i *6.0 ~J #,19 permitted (not required) to have ~ - r"~'~E~~rO2~ *rEÂ·F-lrit employee dwelling units. 942 Chance , ill h .re, 1~14*7.1 -~ 71~L - a* 12:-'9 if b Court, the subject of this application, contains a 1 bedroom, 600 square foot 94 41 -â€¢-- ~v..Q# 4 /6.,-d.Â£. employee unit which is incorporated into '44~ ' 4Â¥4-, i N =94:11 4./1 the house. The unit is deed restricted to 'r Category 3, with mandatory occupancy, .. however the deed restriction will expire A - in 2034. After using the unit as required . , ' 7Â«.jâ€¢ 4 for many years, the owner would like to . 0 4 14. Â¥ .-, 1 N provide a cash-in-lieu payment. STAFF RECOMMENDATION: Approval with conditions. Figure 2: Vicinity Map #,r .. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval to redevelop the site: â€¢ Subdivision Amendment for a change to an approved subdivision development order per Land Use Code Section 26.480.080.B. City Council is the final review authoritv who may approve, approve with conditions, or deny the proposal based on whether the amendment is consistent with the approved subdivision development order. PROJECT SUMMARY: City Council approved a PUD/Subdivision for Aspen Chance in 1984. At the time, this former mining claim was already developed with seven legal dwelling units. The subdivision approval included clean up of some environmental concerns and included the dedication of approximately 3 acres of open space (located on a portion o f the property that lies in the County.) There is no ordinance approving the subdivision, but a plat and Subdivision Improvement Agreement were filed. The Subdivision Improvement Agreement is explicit in the terms related to the employee dwelling units. The SIA and staff memorandums about the project made it clear that the employee units were voluntary, not required mitigation. Once established, the employee units became subject to the following language in the SIA: The Owner hereby covenants with the City that the three employee units described above in Â§ 1, paragraph D, to be constructed on Lots 4, 5 and 7 shall be each restricted in terms of their use and occupancy to rental and occupancy guidelines established by the City Council for moderate income employee housing. The owner of the lot shall have the right to lease the unit to a qualified employee of his selection. Such individual may be an employee of the Owner employed as a resident caretaker, provided such person fulfills the definition of "qualified employee" set forth herein. "Qualified employee" as used herein shall mean any person currently residing and employed in the City of Aspen or Pitkin County an average of thirty (30) hours per week, nine months out of any twelve (12) month period who shall meet the moderate income and occupancy eligibility requirements generally established and applied by the City in respect of employee housing. Verification of employment of those persons living in the employee units shall be completed and filed with the City Council or its designee by the owner of the unit. If an owner does not rent the employee unit on his lot to a qualified employee, the employee unit shall be made available in accordance with Housing Authority guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not unreasonably be withheld. The standard "Housing Authority Employee Unit Agreement" shall be entered into prior to the issuance of a building permit for any lot containing the emglovee housing units and that agreement Page 2 of 4 .. shall be filed with the City of Aspen Housing Authority. These covenants shall be deemed to run with lots 4, 5 and 7 as a burden thereto for the benefit of and shall be specifically enforceable by the City by any appropriate legal action including injunction, abatement, eviction or rescission of noncomplying tenancy, for the period of the life of the longest lived member of the presently existing City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or for a period of fifty (50) years from the date of recording hereof in the Pitkin County real property records, whichever period shall be less. As Housing Authority guidelines changed over the years, this language has been interpreted to mean that the unit is restricted to Category 3. While the owner did comply with the required terms for many years, at some point the unit ceased to be occupied and the LIousing Authority began enforcement action. The owner has determined that having an on-site caretaker no longer meets their needs. They propose to remove the deed restriction by payment of a cash-in-lieu fee. The basis for the calculation is as follows. The existing employee housing unit is a 1 bedroom, which provides for the equivalent of 1.75 employees according to housing guidelines. The current cash-in-lieu fee for Category 3, per employee is $217,567, which when multiplied by 1.75 equates to $380,742.25. STAFF COMMENTS: The Applicant is requesting subdivision approval for a proposed amendment to a subdivision development order that is consistent with the original approval. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.080, Amendment to subdivision development order. The unit was provided voluntarily, but did result in a deed restriction that cannot be eliminated unless approved by City Council. The deed restriction requires this Category 3 unit to be occupied for the next 23 years and no longer. Rather than lose the affordable housing unit forever, the cash-in-lieu payment will allow the creation of a permanent affordable housing unit elsewhere in Aspen. It should be noted that the affordable unit at 942 Chance Court is integrated in the house and does not meet current standards for private entry. REFERRAL AGENCY COMMENTS: The Housing Authority supports the proposed subdivision amendment. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance on First Reading, approving a subdivision amendment for Aspen Chance Subdivision. Page 3 0 f 4 .. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No24. Series of 2011 on First Reading." CITY MANAGER COMMENTS: ATTACHMENTS: ordinance #â‚¬~) Series of 2011 Exhibit A- Application Exhibit B- Housing Authority referral comment Exhibit C- City Council minutes of January 30,1984 Exhibit D- Original renderings and floor plan for 942 Chance Court Page 4 of 4 .. ORDINANCE NO.16 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, AN AMENDMENT TO THE ASPEN CHANCE SUBDIVISION, RELATED TO 942 CHANCE COURT, LOT 5, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-98-005 WHEREAS, the Community Development Department received an application from William Dillard owner of 942 Chance Court. represented by David Myler of The Myler Law Firm, P.C., requesting approval of an amendment to the subdivision development order for the Aspen Chance Subdivision; and, WHEREAS, the purpose of the amendment is to provide a cash-in-lieu payment to remove a deed restricted unit which was voluntarily provided on the subject parcel: and, WHEREAS, a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards. the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on September 12, 2011, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies; and WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 o f public health, safety. and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the City o f Aspen Municipal Code, the City Council hereby approves with conditions an amendment to the subdivision development order related to 942 Chance Court, Lot 5, Aspen Chance Subdivisioin with the following conditions: 1) A building permit shall be issued by the City of Aspen Building Department for the removal of the kitchen in the existing dwelling unit, thereby eliminating the Page 1 of 3 .. unit and establishing 942 Chance Court as a single family home. A Certificate of Occupancy verifying the satisfactory completion of this work must be secured within 180 days of approval o f this ordinance. 2) A cash-in-lieu fee o f $380,742.25 shall be paid to the City of Aspen at the time o f application for the building permit referenced above. Section 2: Plat and Agreement The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision. within 180 days of approval ofthis ordinance. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein. unless amended by an authorized entity. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: 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 o f the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 1201 day of Septebmer, 2011, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper o f general circulation within the City o f Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of August, 2011. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Page 2 of 3 .. FINALLY, adopted, passed and approved this day of September, 2011. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney Page 3 of 3 .. RECEIVED Â¢,SMi $ ~r, ,/ , I - ATTACHMENT 2 -LAND USE APPLICATION JUN 2 2 2011 PROJECT: LÂ· 1 1 Y L' 1- t--4 -Ot~ CN Name: Lot 5, Aspen Chance Subdivision RAK#M! 141'1'Â¥ &2, .1 A Dâ€¢ 0 r.6 0., 'f'-, 1 ',IR...... Location: 942 Chance Court, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2737I 8298005 APPLICANT: Name: William Dillard Address: c/o Dillard Department Stores, Inc., P. O. Box 486, Little Rock, Arkansas 72203-0486 Phone #: Contact: Paul Schroeder at (501) 376-5335 REPRESENTATIVE: Name: David J. Myler Address: 211 Midland Avenue, Suite 201, Basalt, Colorado 81621 Phone #: (970) 927-0456 TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD El Temporary Use GMQS Allotment E Final PUD (& PUD Amendment) U Text/Map Amendment Special Review E Subdivision L] Conceptual SPA ESA - 8040 Greenline, Stream E Subdivision Exemption (includes D Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review L Lot Split U Small Lodge Conversion/ Expansion L] Residential Design Variance U Lot Line Adjustment I Other: Amendmentto P.U,D,/ Subdivision Agreement P Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing single-family residence with one (1) employee dwelling unit. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Remove Employee Housing requirements applicable to Lot 3, Aspen Chance Subdivision. Have you attached the following? FEES DUE: $ 1,682.00 ~ Pre-Application Conference Summary ~ Attachment # 1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form E Response to Attachment #4, Submittal Requirements- including Written Responses to Review Standards E] 3-D Model for large project AH plans that are larger than 8.5" X ll" must be folded. Adisk with an electriecopy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. UNHE .. THE MYLER LAW FIRM, P.C. TELEPHONE DAVID J. MYLERi A Colorado Professional Corporation (970) 927-0456 FACSIMILE (970) 927-0374 ADMITTED IN CO' 211 MIDLAND AVEN-UE EMAILS SUITE 201 dmyler@mylerlawpc.com BASALT, COLORADO 81621 cwood@mylerlawpc.com CONNIE A WOOD, LEGAL ASSISTANT June 20,2011 1 L. 6 .t t , .., 0; - 3 g City of Aspen . 84 3 . Community Development Department c :' Ty r: Â£ Attention: Jennifer Phelan rattl :I'lift, , ..1-f / .' 130 South Galena Street =t-:01 -FAE.' Aspen, CO 81611 RE: Amendment to P.U.D. and Subdivision Agreement Aspen Chance Subdivision (Reception #261360) Dear Jennifer: I am submitting this letter to request an amendment to the above-referenced Agreement in order to remove the Employee Housing restrictions applicable to Lot 5, Aspen Chance Subdivision. Those restrictions are set forth in Section II of the Agreement. The following items are submitted in support of this request: 1. Deposit in the amount of $1,682.00. 2. Applicant Information: William Dillard c/o Dillard Department Stores, Inc. P. 0. Box 486 Little Rock, Arkansas 72203-0486 3. Applicant's Letter of Authorization. 4. Title Insurance Report which confirms that the Applicant is the owner of Lot 5, Aspen Chance Subdivision, a/kja 942 Chance Court, Aspen Colorado 81611 5. Completed Land Use Application. 6. Signed Fee Agreement. .. THE MYLER LAW FIRM, P.C. City of Aspen Community Development Department June 20,2011 Page 2 7. Pre-Application Conference Summary. The residence on Lot 5 was constructed with a one-bedroom employee dwelling unit which satisfied the requirements of Section II ofthe above-referenced Agreement. The employee dwelling unit has been rented to a single qualified employee/caretaker, in accordance with the applicable Employee Housing restrictions, for the last eighteen (18) years. The caretaker/tenant recently retired and is no longer residing in the unit. The Applicant does not wish to replace the caretaker with a new tenant. Since the employee unit was not required as mitigation housing when the Aspen Chance Subdivision was approved, and since the employee housing restrictions as set forth in the above- referenced Agreement will automatically expire in 2034, the Applicant proposes to extinguish that requirement at this time in exchange for payment of the applicable cash-in-lieu amount. That amount will be based on 1.7 Category 3 employees and is expected to be $380,742.25. Ifyou need any additional information or have any questions, please do not hesitate to contact me. Very truly yours, THE MYLER~+AW FIRM, P.C. By: C LIC David J. Myler ' Enclosures cc: Paul Schroeder for William Dillard (Via Email) .. MEMORANDUM TO: Amy Guthrie FROM: Cindy Christensen, Housing DATE: August 12,2011 RE: Buyout of EDU at 942 Chance Court, Lot 5, Aspen Chance Subdivision Parcel ID No. 2737-182-98-005 ISSUE: The applicant is requesting to have a deed-restricted unit released by paying a cash-in-lieu fee. BACKGROUND: The PUD and Subdivision Agreement for the Aspen Chance Subdivision was approved on July 27, 1984 and was recorded at Reception No. 261360. One ofthe elements was as follows: Lots 4,5 and 7 may contain a free market dwelling unit and a one (1) bedroom employee dwelling unit deed restricted to moderate income rental guidelines, both contained in a structure as shown on the preliminary Plat of the Aspen Chance Subdivision,. After reviewing the land use documents, the units were not provided for mitigation purposes. The applicant had been renting the unit to a qualified employee/caretaker in accordance with the deed restriction. The employee/caretaker has retired and the applicant is requesting to extinguish the requirement by providing a payment of what would be the applicable cash-in-lieu amount for a one- bedroom, moderate (Category 3) unit. The current cash-in-lieu fee for a Category 3, one-bedroom unit is 1.75 X $217,567 = $380,742.25. RECOMMENDATION: Staff is recommending approval due to the following: 1. The unit was not required for mitigation purposes. 2. The unit is not restricted in perpetuity and would be released in 2034 or sooner. 3. The applicant is willing to provide the current cash-in-lieu fee for a one-bedroom, Category 3 unit. 4. The applicant had been renting the unit as specified iii the PUD and Subdivision Agreement. 1 rieyuldÂ£ 111*jet..Ily aspen uity council january ju, 1954 i 5 Butera said he does not believe the project can be financed al-proposed. Butera said if 1 ! % this is approved, all hotel zoning for the near future is given away, and buildings will ' continue to deteriorate. Good opportunities for moderate sized hotels will pass. Butera ~ said many towns attract all the tourists they need with beautiful small and medium sized ; hotels. Butera urged Council to consider the economic and broader questions in their deliberations. L Novak said the applicants have every indication the hotel can be financed. A smaller hotel 2 would not be viable because of the cost of the amenities. Novak said the applicants have I worked out with the planning staff a program that would make sense. Mayor Stirling said l , this issue will be again on the February 6, 1984 agenda. : ORDINANCE #78, SERIES OF 1983 - Towing Agreement ' Mayor Stirling opened the public hearing. City Attorney Taddune told Council all parties are meeting this week to work out the problems, so the ordinance is not ready for second i hearing. : Councilwoman Walls moved to continue the public hearing and table Ordinance #78, Series of 1983, until February 13, 1984; seconded by Councilman Collins. All in favor, motion , carried. ORDINANCE #79, SERIES OF 1983 - Snow Removal City Attorney Taddune told Council there are changes from the second draft. In Section 19-181, requires whoever is in charge of the building abutting the sidewalk area intended i for pedestrian use must remove snow and ice at least five feet in width. Taddune said i they used sidewalk area so that it will apply to an area whether it is paved or unpaved. , Taddune said the snow and ice shall be removed on the same days as cessation of fall of 2 snow, ice or within the first three hours of daylight, whichever period is longer. Taddune pointed out 19-183(c) contains a provision that if the person in charge of the ' L building does not remove the snow, someone appointed by the city will do it. This section , assesses the cost of snow removal plus a 100 per cent penalty. ' Taddune said the staff wants to discourage people from using the city as a snow removal | i service. Taddune said in this ordinance, it is indicated specifically any person violating ! this ordinance could be guilty of a misdemeanor. Taddune told Council he has defined the ~ accumulation of ice and snow on the sidewalk as a nuisance. Mayor Stirling opened the public hearing. j Francis Whitaker said this problem has gone on for at least ten years, and it is time ; something is done about it. Whitaker pointed out many of the older sidewalks are less i than five feet, and people should be required only to clear the sidewalk. Whitaker ~ suggested eliminating the word cessation of snow and insert instead "by noon". Whitaker U said it is easier to clean the snow before noon and before it becomes compacted. Whitaker ~ said if the city makes one serious effort to get the sidewalks cleaned, there will be i compliance. There has not been an overall effort to enforce the snow removal ordinance. . Gideon Kaufman asked how this ordinance would be implemented. Mayor Stirling closed the public hearing. Taddune said the staff did consider the two changes proposed by Whitaker. Taddune agreed about less than five feet sidewalks, but there are areas used for pedestrians that are not paved and the city would have a problem guessing how large an area should be cleared. ~ Taddune said the staff felt five feet was the width of five feet. City Manager Chapman i said if someone cleans a sidewalk, and it is less than five feet, the city is not going ~ ~ to make someone clean two feet into the street. Taddune said the staff was very sensitive on the point of when to remove the when. The staff felt the city needed something to ; " indicate when a person would be in violation of the ordinance. Taddune said the staff 1 : tried to come up with a solution that best meets the needs of the community. Mayor Stirling said clearing sidewalks is a matter of pride and a spirit of cooperation. The more specific the ordinances gets, the more difficult it becomes to enforce. Council-. man Blomquist said 90 per cent of the problem can be handled by ordinance. Councilman Blomquist said all penalties should be the responsibility of the owner. Chapman said the I staff discussed a lot about who to cite for this problem; the nub of the problem has always been who to enforce this against. Taddune told Council this ordinance is better than the 1 current ordinance; this gives enforcement options and gives the city the ability to remove snow in a hazardous situation. i Councilman Blomquist moved to adopt Ordinance #79, Series of 1983; seconded by Councilwoman Walls. Roll call vote; Councilmembers Walls, aye; Collins, aye; Blomquist, aye; Mayor Stirling, aye. Motion carried. SPA ZONE DISCUSSION Councilman Collins moved to table this item; seconded by Councilman Blomquist. All in favor, motion carried. ASPEN CHANCE SUBDIVISION Mayor Stirling said this is conceptual application for an R-15/PUD subdivision; if approved L it is authorizing further study and review by P & z. Colette Penne, planning office, told Council there are other reviews associated with this application; GMP exception for three employee units, 8040 greenline review. P & Z deferred action on these until preliminary plat because they need more detailed information. Ms. Penne said this project is not competing in GMP because it went through verification of existing units, and the staff : verified seven units. Ms. Penne said this is located across from the Aspen Alps with ~ several small cottages on the bottom, the durant mine building, and a single family dwell- ~ ing. I Regular Meeting Aspen UlÂ·cy LOUnC 11 January Ju, i,04 Ms. Penne told Council the applicant is asking for three employee rental unrrks that will k i be part of the free market structures. There is no employee housing requirement for this L j property. Ms. Penne said part of this parcel is in the county and part in the city. The i applicants did not count density for any property in the county or any property above the I 8040 line. The applicants intend to give a trail easement to connect with the Aspen Club ' trail. The applicant has preliminary geological studies and is working on more detail. One of the questions is that there will not be any impact of old mine shafts, the question of the toxic nature of these mine tailings. These items will come out at preliminary plat. Ms. Penne said the basic question in subdivision is the suitability of the land for subdivi- 1 sion. Ms- Penne said the applicant has been very sensitive to the people living on this i land, and some of them have indicated interest in the employee units. Ms. Penne said access will be from Ute avenue and from As-pen Alps road. Ms. Penne said access and parking: for the Aspen Alps tennis courts should be formalized through agreements. The applicant . plans parking at one space per bedroom, which meets the Code requirement. There will be 2 small lots delineated and extensive common areas. Ms. Penne said the applicant has L. addressed the purposes of the PUD, has done some innovative site planning, and the structures will fit well on the site. Ms. Penne told Council the structures will be sheltered, the majority of trees will be kept. The utilities will be underground. Councilman Blomquist said he would like to consider ' annexation for the parts of this property not in the city. Councilman Blomquist said he would also like dedication of the land above the 8040 greenline as a park. Councilman ! Blomquist said he would like the city to begin acquiring small parcels of land around 2 the 8040 area as a green belt. Ms. Smith said the applicant has no problem with annexationi would like to do it subsequent to this subdivision as they would like to construct this I. summer. Ms. Penne told Council the planning office and P&Z recommend approval of the F conceptual sugdivision with 16 conditions. councilman Blomquist moved to approve conceptual subdivision for the Aspen Chance subdivi-. sion with the 16 conditions listed in the planning office memorandum of January 23, 1984; seconded by Councilman Collins. All in favor, with the exception of Mayor Stirling. Motion J carried. Mayor Stirling said he would have liked to table this for all the Council to have I a site visit and to address some of the concerns. HANNAH DUSTIN CONDOMINIUMIZATION Councilman Collins moved to table this item; seconded by Councilwoman Walls. All in favorâ€ž 1 motion carried. MENDENHALL SUBDIVISION EXCEPTION Richard Grice, planning office, said this is a request for a lot line adjustment between ; two adjacent lots owned by the Mendenhalls. At the time the house on lot 2 was constructed., there was a building error. The applicants would like to correct the situation on the - public re cord and have proposed a lot line adjustment and a 628 square foot of property , exchange between the two lots. Each lot will continue to be the same size. Grice told Council no potential development rights will be increased or decreased. Councilman Collins moved to approve the Mendenhall subdivision exception subject to the preparation of a plat meeting the final plat requirements of section 20-15 to be approved by the city engineer prior to recording and subject to the preparation of a statement of subdivision exception to be approved by the city attorney prior to recording; seconded by Councilman Blomquist. All in favor, motion carried. ~ REQUEST FOR ENCROACHMENT - Congdon Jay Hammond, engineering department, said the location of the fence has been staked and , the fence is behind the existing cottonwood trees. Hammond said he talked to the parks director, who has no problems with this. The city does have the opportunity to ask for , 1 ; the removal of the encroachment. The staff recommends approval. Mayor Stirling said many people in the west end have encroached as their own risk. Councilman Blomquist said in ; ' order to get a building permit, the applicant has to have encroachment permission. Councilman Blomquist moved to grant an encroachment license at 202 West Francis subject to? 2 i conditions 1, 2, and 3 in the engineering memorandum of December 20, 1983; seconded by Â· Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. CASTLE CREEK STOPLIGHT ' Jay Hammond, engineering department, told Council there was a request from Aspen Highlands I for a stop light at Castle Creek and Highway 82. City Manager Chapman said Highlands feels in the morning and during ski season people turning left onto highway 82 have a ' difficult time, and for safety reasons and ease of access, a traffic light would provide , better flow. The state has concluded a traffic light is warranted, but they won't put in a light unless there is a request from the municipality. Hammond said this used to be in :he county's jurisdiction and they have been reluctant to put in a light. Mayor Stirling , pointed out the county has authorized a traffic study, and both P & Z's are studying , the traffic question. Councilman Blomquist pointed out with the school people also using 1 the intersection, it does become dangerous. 1 Councilman Blomquist moved the city request the state to install a traffic light at this I intersection; seconded by Councilwoman Walls. Councilman Collins said he would like to see other options besides huge traffic lights. 1 Council agreed they would like more information before having a light installed. Council requested accident data at this intersection, a copy of the state's warrant information, | and what types of signals are available. 1 , Councilman Blomquist moved to ask engineering to submit a report to Council on the state , highway's warrant study, maps of traffic accidents in the Aspen area, and signal options; seconded by Councilwoman Walls. All in favor, motion carried. 1. . RECEIVED CITY OF ASPEN JUN 2 2 2011 PRE-APPLICATION CONFERENCE SUMMARY CITY OF /1.tjPEN Cout' 41 1/'VV., r. r' :. A ' ''C.N-i PLANNER: Jennifer Phelan, 429.2759 DATE: 4.8.2011 PROJECT: Amendment to Aspen Chance Subdivision and PUD REPRESENTATIVE: David Myler, 927-0456 DESCRIPTION: The applicant would like to amend the PUD and Subdivision agreement, reception number 261360, for the Aspen Chance Subdivision to permit the removal of an existing employee dwelling unit (EDU) on Lot 3. The original seven lot subdivision permitted three of the lots to be developed with employee dwelling units. The EDUs are required to be 1 bedroom, moderate (category 3) income rental units. A one bedroom unit hoses 1.75 employees. The units are required to be rented; however the agreement includes a sunset clause of approximately 2034 for the rental of these units. Subsequent amendments to the agreement include the second amendment (reception number 301720) and the third amendment (reception number 311626); however, neither of these two documents affect the EDU on Lot 3. The applicant would like to amend the terms of the agreement by â€¢ Purchasing affordable housing credits for 1.75 employees to remove the on-site EDU; or â€¢ Pay cash-in-lieu for the 1.75 employees at a category 3; or â€¢ Convert the EDU into an Affordable Housing Unit. Staff recommends the agreement be amended via City Council through Subdivision review - Other Amendment. If cash-in-lieu is pursued approval of Provision of required affordable housing via a cash-in-lieu Payment (a growth management review) by City Council. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.480.080.B Other Amendment to a subdivision development order 26.470.090 3. Provision of required affordable housing via a cash-in-lieu Payment http://www.aspenpitkin.com/depts/38/citvcode.cfm Review By: Staff for complete application and recommendation. Housing for change in EDU City Council for final decision Public Hearing: Yes, City Council Planning Fees: $1,470.00 Deposit for 6 hours of staff time. Additional staff time is billed at $245 / hour. Referral Fees Minor housing review, $212 Total Deposit: $1,682.00 Total Number of Application Copies: 12 Copies To apply, submit the following information Il Proof of ownership with payment. Il Signed fee agreement and deposit D 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. O Land Use Application .. Il 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. 12_Copies of the complete application packet and maps. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing Â¤ Copies of prior approvals. 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. J> 000 .. WILLIAM DILLARD c/o DILLARD DEPARTMENT STORES, INC. P. O. BOX 486 LITTLE ROCK, ARKANSAS 72203-0486 June 2, 2011 City of Aspen Community Development Department Attention: Jennifer Phelan 130 South Galena Street Aspen, CO 81611 RE: Letter of Authorization - Amendment to P.U.D./Subdivision Agreement Dear Jennifer: Please be advised that David J. Myler ofThe Myler Law Firm, P.C. is authorized to represent me in connection with my Application to the City of Aspen for an Amendment to the P.U.D. and Subdivision Agreement for the Aspen Chance Subdivision as such an amendment would affect Lot 5. lid--(~ 141_) 11- William Dillard .. RECEIVED JUN 2 2 2011 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CRY UL , /..bPEN Agreement for Payment of City of Aspen Development Application Fees COMMUNITY DEVELOPMENT CITY OF ASPEN (hereinafter CITY) and William Dillard (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Amendment to P.U.D. and Subdivision Agreement - Aspen Chance (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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 $ 1,682.00 which is for six (6) hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $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: 62 , Gult_y A Chris Bendon William,Dillard Community Development Director Date: 64 31 It Billing Address and Telephone Number: c/o Dillard Department Stores, inc. P, O. Box 486 Little Rock. Arkansas 72203-0486 .. Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY WWW LTGC COM Date: 06-02-2011 Our Order Number: QPR62004033 Property Address: 942 CHANCE COURT ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Aspen Title "QPR" Unit 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970 925-1678 Fax: 970-925-6243 MYLER LAW FIRM PC *TMX* 211 MIDLAND AVE #201 BASALT, CO 81621 Attn: DAVE MYLER Phone: 970-927-0456 Fax: 970-927-0374 Copies: 1 EMail: dinyler@mylerlawpc.com Linked Commitment Delivery .. LAND TITLE GUARANTEE COMPANY PROPERTY REPORT Our Order No. QPR62004033 Cust. Ref: This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the record owners. The information as to record owner is taken from the most recent recorded Vesting Deed. No information is furnished relative to easements, covenants, conditions and restrictions. Liability of Land Title Guarantee Company under this Property Report is limited to the fee received. Prepared For: MYLER LAW FIRM PC This Report is dated: May 17, 2011 at 5:00 P.M. Address: 942 CHANCE COURT ASPEN, CO 81611 Legal Description: LOT 5 ACCORDING TO THE PLAT OF THE RESUBDIVIS1ON OF LOTS 4, 5, AND 6 IN'rO LOTS 5 AND 6 OF THE AMENDED PLAT OF ASPEN CHANCE SUBDIVISION, RECORDED NOVEMBER 19, 1989 IN PLAT BOOK 23 AT PAGE 55 AS RECEPTION NO. 317001.6 OM :AT BPPL 18 AT PAGE 28 AS RECEPTION NO. 274911, COUNTY OF PITKIN, Sri'ATE OF COLORADO. Record Owner: WILLIAM T. DILLARD, II AND MARY AMANDA DILLARD We find the following documents of record affecting subject property: 1. SPECIAL WARRANTY DEED RECORDED SEPTEMBER 01, 1992 UNDER RECEPTION NO. 348233. ***************** PROPERTY TAX INFORMArrION ********************** PARCEL NO.: R011201 2010 LAND ASSESSED VALUE $557,200.00 2010 IMPROVEMENTS ASSESSED VALUE $302,480.00 .. PROPERTY REPORT Our Order No. QPR62004033 Documents of Record: 2010 REAL PROPERTY TAXES PAID IN FULL IN THE AMOUNT OF $23,204.48. **************************************************************** .. 10) GOEDVE-91 -~ MAR 1 5 2011 -J~ -~,2 G. THE CITT oF AspE,N OFFICE OF THE CirÂ¥ AUORNFY March 11, 2011 William & Mary Dillard c/o Dillard Dept Stores Inc PO Box 486 Little Rock, AR 72203-0486 RE: Employee Dwelling Unit at 942 Chance, Aspen Dear Mr. and Mrs. Di}lard 1 have been asked to write to you as you are the owners of record of the above referenced dwelling unit at the Aspen Chance Subdivision. As you may know, that unit is burdened by a covenant that restricts its use and occupancy to "qualified employees" as that term is defined in the PUD and Subdivision Agreement for Aspen Chance Subdivision. recorded at Book 470. Page 758 of the records of the Pitkin County Clerk and Recorder. It has been brought to my attention that the residential unit is not in compliance with the terms of the covenants. Specifically, the unit is not being rented to qualified tenants as required by the Housing Guidelines of the Aspen/Pitkin County Housing Authority (APCHA), (APCHA administers the City's affordable housing programs.) Please contact Ms. Julie Kieffer, Qualifications Specialist at APCHA, within ten days of the date of this letter to determine how this unit can be brought into compliance with the covenants referenced above. Ms. Kieffer may be reached at (970) 920-5216. If you have any questions regarding this letter please feel free to contact me by mail or phone. 4 - -PO -Aspin c,k,ww-Â·c - 1-~1 Â·A,2 Sincerellf. 2 32/ki Â£25 6 0 (liÂ© 62 -Al-eo John P. Worcester City Attorney i>,413 130 St ll ! 11 (,Al bÂ·..1 67 RH- 1 AwN l.,I[,R.wf,81611 1975 1411,41- 970 92!.I 3059 hi- 970 920.5119 7 i r'' i .)" Re<Â·41 J l'arÂ·ef &221 .. . I. ''Ntt...,, J.*Av - ,fAMÂ· , N ~.r,-.tl ~1.' A 1 1 Â·41%,0,44:9â€¢'474â€¢9'â€¢':-â€¢ Â·t'iâ€¢w ,16.03 01<984Â¢010',y 1 ?itt 64 0 m 470 mw758 58 EZ 3 r M P. U.D. AND SUBDIVISION AGREEMENTÂ£ gg (J 3 33 01 0 ASPEN CHANCE SUBDIVISION = DU . W This P.U.D. and Subdivision Agreement 18 made and .14 r,3 entered into thia g_Â£ day of J~=.u_, 1984, by and between the CITY OF ASPEN, Colorado, at municipal corporation {u~: (hereinafter referred to as 'City'), and ASPEN CHANCE, INC., a Colorado corporation (hereinafter referred to as the "Owner"). RECITAL& 1. The Owner has submitted to the City for approval, execution and recordation, the final plat and development plan of a tract of land situate within the City of Aspen, Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by this reference, and deaignated as "Aspen Chance Subdivision" (the =Plat') 1 and 2. The City has fully considered the Plat, the proposed development, the improvement of the land and the effects of the proposed development and improvement of land ~ included in the Plat on other adjoining or neighboring properties, and 3. The City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat, such matters being necessary to - : protect, promote and enhance the public welfare, and ~ 4. The owner is willing to acknowledge. accept, abide by and falthfully perform the conditions and ~ requiremants imposed by the City in approving the PlatT and 5. Under the authority of Â§Â§ 20-16(cl and 24-8.6 City im entitled to assurance that the matters hereinafter of the Municipal Code of the City of Aspen, Colorado, the agreed to will be faithfully performed by the Owner; F WITNESSETH: NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is mutually agreed as follows: 1 ,- 7.-1Â¥- i MO:'t 0'.O/ b UÂ©" 1. 9 UWA :4..1 rkbi,24 1 I':Iti,t:Â§4 0 Â· , .. 4, , 9,1:/ â‚¬:N'*1'. - 1, 1. ..4.-1.:t,Yd~,~~j}~t<~W%&,~(4*5 - w.f-~14?Â·14-~~fil~,1~ + f.fit, r *ULP.A+A~''44 18,5id*AviJA,?0 , 80* 470 pAQ759 I. GENERAL DEVELOPMENT PLAN The Aspen Chance Subdivision as shown on the Plat includes the follcwing elements: W.f. A. Lots 4, 5 and 7 may contain a free market dwelling unit and a one (1) bedroom employee dwelling unit ypiD'... dead restricted to moderate income rental guidelines, both contained in a Btructure as shown on the preliminary Plat of the Aspen Chance Subdivision. B. Lots 1, 2, 3, and 6 shall be limited to a free market one family dwelling. C. Fee Simple Lots. Lots 1 through 7 are seven 17) separately designated fee simple lots, as shown and noted on the Plat. Each such fee simple lot shall be deemed to include and be augmented in size by an undivided one-seventh (1/7) interest in the "Common Area" indicated on the Plat. Prior to its conveyance by the Owner to any third party, each fee simple lot shall be deed or covenant restricted upon Bitch terms as shall provide that, with respect to Lots 4, 5 and 7, the use of the structures are limited to free market dwellings and associated one bedroom deed restricted employee dwelling units both contained in structures as shown on the Preliminary Plat of the Aspen Chance Subdivision; and, with respect to lots 1,2,3, and 6, the use of the structures ia limited to free market one family dwellings. The documents of conveyance to any such fee simple lot shall expressly recite that the uue of the property is so restricted. D, Employee Housing. The use and occupancy of the employee housing units constructed on lots 4, 5 and 7 shall be and hereby are restricted by a covenant that runs with the land to a qualified employee as such is defined in 5 II below. The employee residing in such unit may be charged a monthly rental not to exceed "moderate income" rental guidelines applicable at the time of rental. E. Site Data Tabulations. The Site Data Tabulations attached hereto and made a part hereof as Exhibit 08' defines and describes further and more specifically the allocation of the uses anticipated within the Aspen Chance Subdivision. II. EMPLOYEE HOUSING DEDICATION AND RESTRICTION The Owner hereby covenants with the City that the three employee units described above in 5 1, paragraph D, to be constructed on Lots 4,5 and 7 shall be each restricted ?2 in terms of their use and occupancy to rental and occupancy -2- '7.1' 1 -14* .. 4 . 0234 1 - 13.0 N Bo. 470 816Â£760 1'01*4 guidelines established by the City Council for moderate income employee housing. The owner of the lot shall have the right to lease the unit to a qualified employee of his selection. Such individual may be an employee of the Owner employed as a resident caretaker, provided such person fulfills the definition of "qualified employee' set forth herein. "Qualified employee' as uged herein shall mean any person currently residing and employed in the City of Aspen .. or Pitkin County an average of thirty (30) hours per week, UC nine months out of any twelve (12) month period who shall meet the moderate incone and occupancy eligibility requirements generally established and applied by the elly '41&. in respect of employee housing. Verification of employment Ftwel of those persons living in the employee units shall be , completed and filed with the City Council or its designee by the owner of the unit. If an owner doeg not rent the employee unit on his lot to a qualified employee. the employee unit shall be made available in accordance with Housing Authority guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not unreasonably be withheld. Tho standard "Housing Authority Employee Unit Agreement" shall be entered into prior to the issuance of a building permit for any lot containing the employee housing units and that agreement shall be filed with the City of Aspen Housing Authority. These covenants shall be deemed to run with lots 4, 5 and 7 as a burden thereto for the benefit Of and shall be specifically enforceable by the City by any appropriate p. CD legal action including injunction, abatement, eviction or ~ rescission of noncomplying tenancy, for the period of the life of the longest lived member of the presenfly existing - City Council of the City of Aspen, Colorado, plus twentv-one (21) year'sinor for a pfriod ot fifty--7567-7u.ri--~bm_tilel date of recoIdii*Trhereof in tha_Pitkin Coulity-rial property -- records, whichever period shall be less , +-W - - 0 III. ... , CONSTRUCTION OF IMPROVEMENTS A. Nature of Improvements, Owner hereby agrees 3 to be responsible for the making and installing of the improvements to be contained within the development indicated on the Plat. The nature of such improvements shall substantially conform to the schedule entitled 'Aspen , Chance Subdivision Improvement Schedule' attached hereto and made a part hereof as Exhibit 'C.' B. Construction Schedule. Construction of all development improvements shall substantially conform to the construction schedule set forth within the attached Exhibit *C," unless amended in the manner set forth in SIV, below. The construction schedule includes the dates anticipated for the beginning and completion of the improvements. -3- AC.Â·Â»4 ....11& -P. 1 r.ip/4 >DI, , 1 .. 631:It , .A:U. U.%' 2 .4 1 .1 29:tÂ·44.*.,i'X{*fi).4....T:'22'<fit..;,P*42:1.,0" 6' 4.11$>*.4/,flf*hrN... 44., . 1 1 -*tialy,ty.i)/1 12,29Â£Gd/ilikGE .: 470 PAGE761 C. Engineering, Geology - Surface Concerns. All construction in the Aspen chance Subdivision shall conform to and follow the recommendations contained in the ' Dcainage Study for the Aspen Chance Subdivision" by McLaughlin Water Engineers, dated February, 1984, and the 'Soil and Foundation Investigation for Proposed Residential development, Chance Mlning Claim, Aspen, Colorado' dated December 28, 1983, as corrected by letter dated January 10, 1984, by Chen and Associates, Inc., as such may apply to any construction in the Bubdivision. The herein described 'Drainage Study", "Soil and Foundation Investigation" and correction letter are by this reference incorporated herein. D. Roof Drainage. Pursuant to the systems proposed in the McLaughlin, 'Drainage Study, " all roof drainage shall be retained on site. E. Landscaping Plan. In accordance with $24-8.16 of the Municipal Code, all landscaping shall substantially conform to the "Landscape-Site Plan" attached hereto and incorporated herein by this reference, and to the 'Landscape Design Objective" described in Exhibit "D" attached hereto and made a part hereof, which together show the extent and location of all plant materials and other landscape features, flower and shrub bed definition, proposed plant material at mature sizes in appropriate relation to scale, species and size of existing plant material, proposed treatment of all ground surfaces (e.3., paving. turf, gravel, etc.), location of water outlets, and a plant material schedule with common and botanical names, sized. quantities, and methods of transplant. Landscaping will be completed in a logical phauing sequence commensurate with the phasing of the improvements contemplated in the Development and Construction Schedule. F. Vegetation of Disturbed Areas. Owner agrees, pursuant to the provisions of the Landscaping and Grading Plan that during the course of construction any portions of the property which are disturbed shall, as soon as practical, be landscaped and vegetated in +accordance with the Landscaping Plan. G. Utilities Underground. All new utility systems constructed within the Aspen chance Subdivision shall be underground. H. Improvement District. In the event that any municipa 1 improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, beeeme, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above described property, covenantors will make no unreasonable objection to any special assessment or special tax or procceding therefor on the basis that the property is adequately served by existing -4- /2 rE.{ f j '34:3 -4-1 f..1 Attifi 4011 .. . Â£7'63Â¢ tfb,Mt. 1 704$~1'"Â·.Ar, m. 470 1%6[762 improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Convenantor further agrees to join, upon the demand therefor by the City, any apecial improvement :.ri,# I district, urban renewal district formed for construction of =: --2' such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alloys, F#lat planting, curbo, gutters, sidewalks, atreet lights, traffic Ht *-4 circulation, trails, recreation facilities, berma, open , space lands, public transportation facilities, parking, etc. ), in the area of the above-deocribed property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 1 I. Woodburning Devices. The installation and use of any woodburning devises in the Subdivision will be . governed by ordinance 12 (series of 1983). J. Top Roil/Gardens. Gardening shall only be permitted in the Aspen Chance Subdivision in those areas e containing at least a one (1) foot layer of top soil. IV. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER A. In the event the City determines that the Owner is not acting in substantial compliance with the terms . of this Agreement, the City may issue and serve upon the Owner a written order specifying the alleged non-compliance and requiring the Owner to cease and desist from such non-compliance and rectify the same within such reasonable time as the City may determine and specify in such order. Within twenty (20) days of the receipt of auch order, the Owner may file with the City a notice advising the City that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) whether the alleged non-compliance exists or did exist; or, (b) whether a variance, extension of time or amendment to this Agreement shall be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the -5- 69 f "1 . 3'1 3. j' Â·.., . 'f; 4:51 . :Intio RU-QUA , .. .y?F t..2 4, , t.-hi' ee:.*-3 r,Â«24*4' 1 a ierliA.'f :4:.1,4* 2,v..th- 11W9144,Â·,fr316Â· Â·P T ,..#u#J'66..'da :.AORT,re:Â·E.':evt.1 m= 470 PA. 763 procedures normally established by the City for other hearinge. If the City determines by a preponderance of the evidence that a non-compliance exists which has not been I . remedied, it may issue such compliance orders as may be lawful and appropriate. B. The Owner nay, on its own initiative, at any time petition the City for an amendment to this Agreement and the exhibits attached hereto or to extend any of the time periods or modify the specific time required for performance. With respect to the Aspen Chance Subdivision Improvements Schedule (Exhibit "C"), the Owner has made various assumptions, which the City hereby acknowledges and accepts, including the following: (1) Obtaining the appropriate construction financing within one (1) year from the date of receiving all final subdivision and P.U.D. approvals from the City; (2) Completion in an expeditious manner of the bidding, contractor selection, and implementation phasee to meet the dates indicated; *:a Ki.4 . 214 (3) Confirmation of the construction schedule by selected contractors, (4) Availability of the required labor and materials during each phase, (5) Sale of residences at a rate that would permit the phasing suggested in the Development and Construction Schedule. The City shall not refuse to extend the time periods for performance indicated in the Development and Construction Schedule or refuse to allow reasonable adjustments to the Schedule or the specifications if the Owner demonstrates by a preponderance of the evidence that the reasons for such extension or said adjustments result from the failure of such assumptions, unforeseeable circumstances, litigation, acts of God, or other events beyond the control of the Owner despite good faith efforts on its part to accomplish the same. As is set forth below, the foregoing procedures relative to non-compliance, amendments or extensions shall not apply in respect of the rights of the City in the event of a failure to maintain common facilities, which rights are more particularly described in Â§VII, paragraph A, below. -6 16 , (091 , itaidarrwd 1,72,>714) 4 , i.... .. 1 . 3 ?531 'AOÂ¢~ ' 14(smG:4%*%&41#Le,L,Â£â‚¬19}#t~a'm:21#,t:taÂ©1~,Idl'IM.*+94.*~i/k ?9*K"D>'.!'t'2;,3 9:, C & 8. BOOK 470 INE764 V. EASEMENTS, RIGHTS OF WAY, AND RELOCATIONS The Plat sets forth certain easements, rights of way, and anticipated relocations that will be necessary to ,/ cause the improvements anticipated thereon, which easements, 11-LA, rights of way and relocations include the following: [iwil A. Private Access, Drainage and Utility Easements. The Owner dedicates and grants for the benefit of the Aspen Chance Subdivision the access, drainage and utility easements shown and dedicated on the Plat. B. Ski Trail Basement. Owner hereby dedicatea and grants for the benefit of itself, its successors in interest and any future owners of any lots in the Aspen Chance Subdivision, the private ski trail easement as generally described on the Plat. C. Public Trail Easement. The Owner Will dedicate for the benefit of the public a Public Trail Easement described on the Plat, ... a D. Utilities and Drainage. There is hereby established and agreed between the City and the Owner 4,1, 1 L necessary easements for the location, installation and i maintenance of Utilities and the establishment and maintenance of drainage, as such easements may be specifically set forth on the Plat and Civil Engineering drawings. VI. OTHER DEDICATIONS A. Exemption. The employee housing units located on lots 4,5 and 7 constitute bona fide moderate income housing development, and the Owner and City hereby agree to the exemption of the same from the application of park and recreation requirements of Â§ 20-18 of the Aspen Municipal Code. B. Park Dedication Fee. The City recognizes, 1 confirms and accepts that Owner is dedicating a substantial portion of the land in the Aspen Chance Subdivision for open space and recreational purposes. Furthermore, a substantial portion of the development is reconstructed dwelling units. : In consideration thereof, the City Council electn, pursuant to Â§ 20-18 of the Aspen Municipal Code, that a cash payment in the amount of $22,505.00, in lieu of land dedication be made by Owner. This payment is based on the calculations set forth in Exhibit 'En, attached hereto and made a part 2224 hereof. Owner agrees to pay such Park Dedication Fee on a pro rata basin, at the time of the issuance of a Certificate of Occupancy for any lot (1/7 for each lot for which a ft>;71.,Â·, Certificate of Occupancy is issued). -7- ~7'77- -- 14Â¥,5.Â§11 A.Y.' LZE. c. 4 r . 9.-: 1.9,4/r.) 1. 101- WLI. .. , #34 ~(4-;f#$*44-441*?4Â·.0â€žj >0,$44F~I1;~.~,tt~~4"0~~~3.{,;*44%%- f Awdisk~Â·*uazage,flic*,USELI,&&62-1~60Ja1 m. 470 ma765 VII. OPEN SPACE AND COMMON AREA MANAGEMENT, MAINTENANCE AND USE ; The Plat consists of certain open space and a common area adjacent to the separately designated fee simple lots. Respective responsibilities, limitations, covenantu and agreements regarding the management, maintenance and use of the open space and common area shall be as provided below. A. Common Area, The Common Area as described on the Plat shall be owned in common by the owners of lots 1 through 7, the owner of each lot to own an undivided intereet therein as a non-severable appurtenance to his or her lot. Management and maintenance of the Common Area and any common facilities shall be the responsibility of 8 collective homeowners' association consisting of the owners of lot. 1 through 7, pursuant to provisions as shall be set forth in recorded covenants providing for such policies and procedures governing the use and maintenance of the Common Area and common facilities. These covenants may provide for necessary budgets and financial reserves to be assessed against homeowners' association members, and shall insure permanently the fit and proper maintenance, repair, replacement and enduring first rate safety and quality of the entire development, including its landscaped features, driveways, ponds and streams, common utility systems and paved areas. Responsibility of the homeowners' association in this respect may be contractually delegated by it to a private property management company or to a salarted employee of the homeowners' association. The following shall, as well, apply to the homeowners' Association hereinabove referred to: (1) Formation. The homeowners' association shall be fully formed and entablished by the Owner prior to the sale of any lots within the Aspen Chance Subdivision and pursuant to applicable statutes governing the formation of Colorado not-for-profit homeowners' associations. (2) Documentation. Operative documents for the homeowners association shall include articles of incorporation, bylaws, and rules and regulations. The homeowners' aosociation shall have the duty to enforce such protective covenants as will be recorded by the Owner for the purpose of preserving the architectural and aesthetic compatibility of the entire development and its component features. (3) Membership Mandatory. Membership in the homeowners' association shall be mandatory for each owner of the fee simple lots 1 through 7 and shall be automatic upon the recordation of any instrument transferring a legal -8- .1.:- 4 ... 1 -1 Â£ 'g .. 1,0 , 4-th>:41. .$* u 470 f46[766 tl ownership interent (excluding standard security interests) f in or to any of such lots. (4) Insurance, Taxes, Maintenance. The home-* . 4 , owners' association shall be responsible tor a blanket 9/ f liability and halard insurance policy with respect to the comgoon areaa as well as taxes and maintenance of any common recreational and other common facilities. (5) Assessments and Liens. The homeowners' association shall have the power to levy assessments which will become a lien on individual fee simple lots 1 through 7 for the purpose of paying the Cost of operating and maintaining common facilities. (6) Board of Managers. The board of managers of the homeowners' association shall consist of at least three (3) members who shall be owners of the fee simple lots 1 through 7 within the development. The Owner shall record covenants reflecting the above described responsibilities, purposes and powers of the 4 r b â‚¬ . homeowners' association. In the event the homeowners' association (or any successor organization} shall at any time fail to maintain the common areas in accordance with ' such covenants, the procedures and the rights of the City more particularly described in Â§ 24-8.19 (b) of the Aspen Municipal Code, which is hereby incorporated by reference as W if set forth verbatim herein, shall then and thereupon go into effect and apply. The owner further acknowledges that . the procedure set forth in 5 Iv, above, pertaining to the procedure for default and amendment of this Agreement shall 1 not be required with respect to the enforcement and implementation of common facilities maintenance as set forth and required by Â§ 24-8.19. B. Building Restrictions. The Owner agrees and hereby covenants that the total number of units built within the Aspen Chance Subdivision shall not exceed seven {7) free , market dwelling units plus; three (3) employee dwelling units Without additional City approvaln; and, all areas shown on the plat as being open space or common area shall so remain perpetually. VIII. WATER AVAILABILITY According to water records the City of Aspen has senior water rights to the Durant Mine Water Bitch No. 525. Aspen Chance is presently perfecting ite historic right to use O.05 C.F.S. of water for irrigation and other beneficial 70..; ,â‚¬.., purposes. Aspen Chance shall have the right to negotiate with the City of Aspen for the lease of water rights from N~L'' ' 79 , ..../ 1.,f.. ft..1.4 ;... ket '9.p ..,(%>1 I ' ,**77Â¢1 1535\M d-- 14.#-6. 141 .. i':?..q 4, i./0. ) 9 I, I,0,: re*?39:3Â·,9~E .~f 6 ,#rIT,f<diÂ·.49:i?* 'P J.i,Â·*.dyjtâ‚¬-:11'1{.~.:â€žJW: , pr~!:&9.31M:,1 *1 +i'ill Al&&.:r.~6Â·.Ut.'i ,dIW 1 Boo,~ 470 pâ€¢si767 the Durant Mine for the use Of as much water as is necessary to irrigate and meet the obligations of the landscaping plan. Water service lines will be installed as shown on 1 "Utilities,Â» sheets C-5 and C-6, attached to the Plat. As is shown on such sheets, six (6) inch diameter water mains shall be extended to within one hundred (100) feet of the dvelling units. The City agrees, on approval of this 1 Agreement and the Plat, through its water department, to supply water consistent with the proper servicing of the needs of the improvements to be constructed at the Aspen Chance Subdivision. Owner agrees to pay such tap fees therefor as shall be determined by the tap fee schedule presently in effect, at the time water service shall be extended to the improvements. IX. SEWER AVAILABILITY Sewer lines shall be installed consistent with the provisions contained within the "Utilities,- Sheets e-5, C-6 and C-7, attached to the Plat. The City agrees, upon approval of this Agreement and the Plat by the Metropolitan Sanitation District, that sewer services are fully available for the development anticipated on the Plat, and that the Owner agrees to pay such tap fees therefor as shall be determined by the tap fee schedules in effect at the time sewer service shall be extended to the improvements. Sewer service shall be provided by the Sanitation District in a manner that conforms to the schedule as set forth in Exhibit "C" attached hereto. The Owner agrees that engineers from the Metropolitan Sanitation District shall be entitled to inspect the construction of the main trunk sewer lines. Upon completion, theME lines will be turned over to the Metropolitan Sanitation District, together with such appropriate eaiments as may be necessary. X. FINANCIAL ASSURANCE Pursuant to Section 20-16 (c) and Section 24-8.16 of the Aspen Municipal Code, Owner hereby agrees to provide a guaranty in the sum of $ Ill, 884.00 , which num represents the estimated cost of 100% of that portion of the subdivision improvements and 125% of that portion of the Landscaping Plan for which the City, through the City Engineer, has requested financial assurance. Those portions of the subdivision improvements and the Landscaping Plan for which financial assurance has been requested and which hereby is agreed to be given is described in Exhibit "F" attached hereto and made a part hereof. The guaranty to be provided by Owner Bhall be in the form of an irrevocable letter of credit from a responsible financial institution. - 10 - #'4942 *f:Â·it>/4/51 .' 64.t % R*:,it p , 3 Nt '24 l )62.1- , 1 12613Â¥d 153# .. 1 .1 - 44 4* ...Al Â· .* 470 0.768 The guaranty shall give the City the unconditional right, upon default by the Owner, or its successor or assigns, to withdraw funds upon demand to partially or fully complete and/or pay for any improvements or pay any outstanding bills for work done thereon by any party. As portions of the improvements required are completed, the City Engineer nhall inspect them, and upon approval and acceptance, he shall authorize the releage of the actual cost as documented by invoices for that portion the improvements, PROVIDED, HOWEVER, that ten percent (101) of the estimated cost shall be withheld until all proposed improvements are completed i and approved by the City Engineer. The Owner, its successors or assigns, hereby agrees to further provide unto City a warranty as to all water and ji' sewer improvements described on Exhibit "F" for a period of , one (1) year from and after acceptance by the City of the improvements . It is the express understanding of the parties that the procedure met forth in Section IV pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and 4 implementation of financial assurance and guaranties to be providad by Owner as set forth above and required by Section 1 0 20-16(c) and 24-8.16 of the Aspen Municipal Code. ~~ XI. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Owner and City and their respective successors and aggig-ng. ;. B. This Agreement shall be subject to and re construed in accordance with the laws of the State of Colorado. â€ž C. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the 6F remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phraser word, or ~ section in any other circumstance shall not be affected thereby. f D. This P.U.D. and Subdivision Agreement contains the entire understanding between the parties herein i with respect to the transactions contemplated hereunder and i- may be altered or amended from time to time only by written , .bi.rf instruments executed by all parties hereto. *1&8 'r:r, â„¢4; .A j. . - 11 - ? Rf:IÂ· --:.; td,9,1 WinyÂ· JÂ·411 , 12Â¥=31.1 0 ' :53 .. .4Â»>441 '411; 3.3,Â· i. 4 #34**14%}1Â·321 64:44Â£.- tr. 12Â· 0.4 *12.44.'' ,hy., y.,i/,;SJ.k'.â€ž,4,0,ti,~*#' Ii-Â·.Â·Liil:: R 17 BallÂ¢ 470 PAGE769 E. Numerical and title headings contained in this Agreement are for convenience only, and shall not be ,!I; I'Â·, i deemed determinative of the substance contained herein. As Wt.tb used herein, where the context requires, the use of the u singular shall include the plural and the use of any gender 2 shall include all genders. F, The parties agree that this P.U.D. and Subdivision Agreement for Aspen Chance Subdivision shall be recorded by the City in the Pitkin County, Colorado real property records. G. Notices to be given to the parties to this Agreement sh ill be considered to be given i f delivered or if deposited il the United States Mail to the parties by registered or certified mall at the addresses indicated below, or such other addresses as may be substituted upon written notice by the Parties or their BuccestforS or assigns: -a CITY OF ASPEN ASPEN CHANCE, INC. City Manager Neal Myers 130 S. Galena Street Houston Natural Gas Bldg. Aspen, CO 81611 1200 Travis, Suite 200 1 Houston, TX 77002 R. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that . run with and burden the real property more particularly - described in Exhibit 'A" hereto and any and all owners i thereof, their successors, grantees or assigns and further ~ shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. IN WITNESS WHEREOF, the parties hereto have hereunto executed their hands and seals on the dates and i year respectively indicated, in full understanding and agreement to the terms and conditions herein contained. Â·F CITY OF ASPEN a Colorado Munic al Corporation /Ijj~ " ifâ‚¬& pr Fd \ Al .L,u Â· ~ Chit}68-'Tl Eclqlhg, Mu>'07 Pro Tem Â«;146 * ) j/1 j /7 . 0..# 2. Citg Clerk SIGNATURE LINES AND NOTARY CLAUSES .~ CONTINUE ON FOLLOWING PAGE - 12 - Ght? J J " EEP ' le.,441Â¥h , r .. 44,4>1.' :444 137.29. .1, vhÂ·.1. AtjA{%44}4444Â»p:~96:~~ost>z~ , â€ž1 lt'.f ' '7#M'.j2~i212.Ui.t,&1Ld~~EAdLA.,2,ukh r./1Â·13 0,4/Aba' ~ ASPEN CHANCE, INC. Romt 470 F0GE770 By 71<4617- -2*..~ Neal MyerÂ« ......,1 ..... ilipkil> ATTEST 1 , - '2:At 49 66*.tll . . 44 .9. I (-4 1% Assikta.* jecretary / -6 STATE OF COLORADO) 1 SS. "â€ž4,11,1.10 COUNTY OF PITKIN 1 The foregoing instrument was acknowledged be tore me thiâ€¢ 22*- day-9/ *U... , 19 84.-, by â€¢extrim~ci,Am-,sT Coll/A).5 Willid*G as MayorT 7}id dRATHR'FN KOCH, as City Clerk of THE CITY OF ASPEN, a Colorado municipal corporation. 02- C WITNESS my hand and official seal. * 1 2 /:<0'OTA/drÂ£*. My Commission expires: I*/24#7 0 C :.k . -{- ~+ 05 2 9*yÂ» O- adam, 14/' R.414744"*J' ...2 024'ov' Notary Public Address 120 .4 / 2*LL---LOJ 41â€ž44,03 Le 90 1 65 1 1 1 3 , STATE OF COLORADO) 1. ) SS. COUNTY Or PITKIN ) -%.1.1- The foregoiwl instrument was acKnowledged before me this,#*W, day of 44<64- , 19 17 , by NEAL MYERS ...... as as/Secretary of ASPEN CHANCE, INC. , a Colorado Co#oratiOhn. Assistant Gâ€¢Â£42, and %3602,6/1 WITNESS my hand and official seal. ..9 11 02Â·,'il- My Commission expires:,.*07 L. :,9 -* 44 :~ ;: 949) d 04.6.0~0-'' 1. --Â·1â‚¬Â·./1181.1 8 .. t. 1 0 ~Â·Â·-I:it.'Â·1.00 Â£* re ard> .. linlijp-%36.4,7~,-~10-- , ~0't; LF, ~ 7420: PUD and Suk,div Agrvt/CHANCE 1,Â·. C-*M,Â·2 - 13 - *'I /As * , L I Â·e pwab-# irai.....j j "':AÂ·?'' I -1 j %0@ . 1 H O 10.1. / â€¢ .. 1 , Â·t" ' i r* . u,0 '.-f?'.im--2. L '' Â·~ 2't ''. f,j::.,.: f* .=I t, :. -I Il I# "745.--FÂ·.4 Â·r.Â· Â» 7/2<' 7 mutl "A" 1' ~0* 470 PA9771 2&:- RF EN 25:0 f.<;715- %:5 14'.fl. ./.Â·â€¢,O/â€¢râ€¢â€¢ U, U. C.... ,"het. A... P 'nt"a acu*JAJor DEBCRIPIÂ·IC*1 ASPEN CHNE.* SUBDIVISION A parcel of lard situated in Gerticn 18, 'nÂ»reihip 10 South, Range 84 I+st of the 6th P.M., City of Aspen, (butty of Pltkin, State of Colorado, being mre particularly described u follow., ec,rrrencing at Comer No. 2 of Chance Lode, a rebar and cap L. S. 15933 in place, the True kint of Begliwzirm thenge 8.45'00'00"E. 127.96 feet=; thence N. 53*50'43'E. 152.15 feet to a point on the west=ly right-of-way line of Ute Avernue; thence S. 38'35'34'g. along said right-of-lay line 26.57 feet to the northeasterly corner of tet 5 of the Ute Mlition, Uence leaving said right-of-way S.55'16'4274. alen# the nertherly line of gaid Int 5, 94.74 feet to the northesterly corner of said Iot 5; thence S. 39o57'31-2. along the westerly line of aaid Iet 5, 45.21 feet to the sowUrvesterly cvmer of gaid Lot 5, thence H. 57'29'49Â»E. al<ng the southerly lire of said lot 5, 93.98 feet to a point on tt, westerly right-oflay line of sald Uta Avenue; thence S. 38* 35' 34'E. along said right-of-way line 101.13 feet, thero leavirK; said right-of-hey line 8.54'07'507. 91.02 feet: thence S.39'57'22'B. 7.90 feetr thence 6.47'07'00â„¢. 963.63 feet; thence N.45'10'00"W. 284.56 feet to a point on the northerly line of Chance Lode Claim U. S.M.S. No. 1830, thence N. 45Â°00'00'8. along said northerly line 510.24 feet to a point on line 3-4 of the Uttle Nell Lode, U. S.M.S. 3881, Nt.; thence S.43'46'0098. alaig salÂ£! line 3-4 5.00 feet; CNence N. 45-00'00"E. 170.64 reet to a point cm the goutherly edge of the Aspen Alp* private road right-of-way, tkience along said right-of-way alaig the arc of a curve to thi left having a radius of 48.60 feet a distance of 21.32 feet (durd bears S. 58'40'147. 21.15 feet), to a point on the northerly line of said annoe Wde Claim; thence N, 45'00'0015. alcng said northerly line 243.49 feet to thl True Point o[ Regir jng, said parcel contains 6.86 acrea. 0*em or less. 10<R-, INC. 910 0ooper Avenue teril 28, 19&4 Gle-od Springs, CD 81601 0 11 1 4 9 1,/1 .''t Rt Â·Â·'1 , ETS. 1 ./. i.1 .. .*4'6'.'CÂ·VI ' , A.,17'i, + .r. Â£ 0 :. Â·~ .4(' f,Â·al~) 4%: t . f A . .),0 Â·Â· 1 211,4 MÂ·glerÂ·'3Â·,:.~ hY:-Vi#14'; ~2 <i*'~t**ter ;fÂ·~i?41Â·11*Â·Â¢kit. R Â¢i F i:?4~40.,-'' 42.'.t,; : i -.i.2.... .. 80011 470 p~772 . '4/0. EXHIBIT "B" SITE DATA TABULATION"* '7-44 W .. LOT NO. BEDROOMS ACRES* SQUARE FEET BLDG. FOOT PRINT SQ. FT. Lot 1 4 0.414** 15,674.8 1992 Lot 2 4 0.346 15,073.6 2243 Lot 3 4 0.514 22,397.8 3609 : Int 4 5 0.491 21,396.2 4856 â€ž,? -/'- Lot 5 5 0.461 20,076.6 5064 Lot 6 4 0.363 15,803.5 3505 4367 Lot 7 6 0.652 28,412.9 common Area :.4. Within County 0 3.0 130,516.0 Roads Within 0.195 8,496.9 < County it Within City 0-249 13,233.4 0 Parking Roads 0.47+/- 20,540+/- , Access 6 Parking Easement to Aspen Alps Condos 0 0.188 8,201.4 Total Subdivision 32 6.873- 299,283.1- 25636.0 â€¢ 1 Acre = 43,560 sq. ft. 'â€¢ All Acreage has been rounded up to nearest 1000th â€¢**Revised as of May 23, 1984 4-0 + M WERÂ·4% - - --- -- -- I *4091 14#t': E. ~ ? En:jil 1 la;:Dix 1 .. . 1 ,4 r '64*'ic.Et#Â¢43 *i:il ''' , 'd.,4 *31~.lifÂ·~).11' - '~.': C ~ ~:'>p'jj.- . â€¢m 470 PASE773 EXHIBIT 'C" CONSTRUCTION SCHEDULE ASPEN CHANCE SUBDIVISION 9.1.4 Schedule Date 1984 Protect trees to be saved May 23rd Cut down trees and brush Tear down buildings Haul debris May 25th 1 Layout roads, utilities May 28th and building envelopes I Rough grade road, building ~ 1 envelopes and re-contour terrain May ]Oth 9 - 74.â‚¬ 3 Dig water lines and install June 6th >.343, 't Dig sewer lines and install June 11th Dig gae lines and install June 13th Dig crawl space for house 16 June 15th Dig and install electric lines, June 15th install cable T.V. and phone in same trench Transplant trees by road June tgth Start foundation on house 02 Jutta leth , Dig crawl space house *6 June 19th Dig piling for house 06 June 21st Final contouring south end June 21st subdivision Begin planting trees south side June 25th i Begin foundation house I6 June 25th 4.6-4 Dig crawl space for House 07 and drive June 25th piles 2 1Â¥(VII 08*1. .0 ~2.4, 7 m.jft, 1 râ‚¬K'/0Â·1 . Â·re-:clrgaGâ‚¬.*,ZG;iZ -71':5> 0 2.0 f- 84- .. r. , *, 112- -- . f kilâ‚¬41 3761(j'g.Â·~;At*49F4.38' *' " :J f %2*:*Â·wri 41.F .2--1 , 9 '.1 . 43 ap Page Two (Continued) moic 470 mw774 . i: I. , '4 28 Schedule ~~~11 Date 1984 i<t d Back fill house 02 and June 28th begin landscaping Finish contouring upper bench July 1st i4 and begin landscaping 1 Begin foundation for house 17 July 11th 1 Begin landscaping on lined streams July 15th Start work on rebuilding entrance July 15Lh 4 to mine â‚¬ :9 M Finish work on drainage system July 20th , Af:iy t 0 Start landscaping on middle level July 25th Begin landscaping on lower level August ist Landscapar to begin laying god 1 111 August 15th Landscaping for 1st year to be completed October 15th ~ Lay 6- of road base on all roada October 16th Complete house 12 December 21st complete house 46 February lat,1985 r- Complete house *7 June lot June lat Start house 01 Start house 15 June 15th j Complete landscaping on July lat houses /2 6 16 Begin landscaping on house 17 July 1st Complete landscaping on house 07 August let Pave roada to upper and lower house, september l.st !61 4. p Wil I Complete landscaping around house 11 September lit R M. 1:..1,9 Complete landscaping around house 15 October 15th r 1%...7': '21. UV: 6.-,4 rEA. 5';.- L. , , 1 &63 ...th X tr> , 1 .. /1 F, cj:4?4 ~ 1 J f.4 .4Â¥94 3?69.1123.Y,<74 . I: 07;&.r 1~n':i lit / e . e= 470 PAG[775 Page Three (Continued) Schedule gate 1985 Complete house 01 December 21st Complete house 05 February lat,1986 .5:: Wr,%*4 Start house 04 June lit '64* Complete landscaping around house 14 September 1st Complete landscaping around house 13 October 15th pave middle level roads October 15th Complete house #4 December 21gt Complete house 03 February lot, 1987 Finish clean-up on site May 15th, 1987 33Â·.93? . -- I â‚¬ . %'/:'' d '.34:{ 1.562 :1&.:* Mwifi! W. 7,1â‚¬42 '1 .. I AN'13 9 042-Y 4 - , â‚¬%78,~ . 1 17â€¢5<91 , , .. 1 ' /2.4 4,1, I M...1,%+7'f.lfell: 4,1Â·kÂ·%13'L'iÂ¥:Ev,A.442 t'Â·Â·VAILâ€¢ 9 M~*1446%:#bObjU~jith#WA:11.*u,6.56-bu Â£ &4 '. .:.., . #/ d . / 'L + 4 I m 470 M.776 M.: r 111 4 2 6 4~. EXHIBIT 'D' . LANDSCAPE DESIGN OBJECTIVE ri KI~T The landscaping. commensurate with the building construction and in accordance with the January 12, 1984, memorandum from Jim Holland, Director of Parks, and the Conceptual Site Plan attached thereto, attached hereto as Exhibit '1," 18 anticipated in being accomplished in a three 63} year period. The first year will see the disturbed site totally reshaped, utilitie, in place to each lot and landscaping completed on Lots 2, 6 and 7. On the southern boundary-line trees will be planted to provide visual screening from the adjacent site. This will be accomplighed within the first summer of construction. The center three (1) gite: (3, 4, 5) will be covered with topsoil except the house Mite Zer 28 and one of the three (3) sites will be uged to store, grow, and acclimate the plants and trees needed for the completion of the first year and the V.. screening trees, as many as practical, will be planted ~ around that area. The preliminary landscaping around Lot 1 f.fk#f : will be done at the eame tixe (summer 1984) after the existing buildings have been removed. As each house 18 completed the landscaping per the plans will be completed. Am much landucaping as practical will be done on each site W before con,tructfon takes place. It 19 the intention of the Owner, who will live in the house designed on Lot 7 to create a beautiful, natural environment for the occupants of the mita to enjoy. rt PUD Exhibit D/CRANCE , *,9.-i'/ i Ebtl ' iljojw ~ 0 .. 2 : 1, t / #4 4. FOON 470 mr[777 EXHIBIT 'E' PARK DEDICATION FEE Proposed Development: Lot 1 4 BR Lot 2 4 BR Lot ] 4 BR Lot 4 5* BR Lot 5 5* BR Lo t 6 4 BR Lot 7 6* BR â€¢ Includes one (1) employee unit bedroom exempt from park dedication fee requirements. There are eight (8) bedroome existing on the Bite, two (2) in the barn and one (1) each in the six (6) other structures. The October 1983, putchage price of $900,000,00 for the whole parcel (which includes substantial land, 3+ acres, in the County dedicated as open space), indicates the fair market value of the property. Calculate as follows: $900,000.00 *7- $128,600.00 X .01 - $1,286.00 Subtract 1 existing bedroom per lot except for Lot 7, subtract 2 existing bedrooms, Lot 7. Subtract employee bedroom, from Lots, 4, 5 and 7. Lot 1 13 BR) 2.5 1 1,286 Lot 2 2.5 x 1,286 Lot 3 2 x 1,286 Lot 4 2:5 x 1,286 Lot 5 2.5 x 1,286 bot 6 2.5 x 1,286 Lot 7 2.5 x 1,286 TOTAL =7* 2.5 x 1,286 - $22,505.00 PUD Exhibit 2/CHANCE . r : f' .,. .. I . 9, 434 1 PR. ., + Â· p>"ju,e .~iti>Â· 10'. Â·17 2.4 -4.-<jÂ»2))~ ...6.Â·,4,4,)43,4**1,15 , 4<.2,?461, %11451&%16,4,j;,0,4,1,}1~014. *te.Â»4.4411 5 11:1. 2, Mi 80* 470 PME778 R.;IÂ· Â¢01 Exinin,Â· "r" 5,V.Â»- UTILITIES INSTALLATION COST c du 14* Description Material & Labor Cost r.% 1. watet a. 6" ductile iron water main-343' 0 $ 6,840.cO 3 $20.00/ft. b. Fire hydrant w/6' gate valves- $1,250.00 3,750.00 ea. 2. Sewer a. 6" P.V.C.-347' 020.00/ft 6,940.00 b. Man holes - 60 $44.50/Vert. rt. 2,202.75 r C. Ring covers - 6@ $120.00 ea 720.00 3. Road Construction OffÂ·, ?G i a. 6" road base - 1250 sq. yds?1.35/sq.ft. 15,187.50 t b. 2- Asphalt paving - 1235 sq. yds@1.35/sq. 13,893.76 . ft. c. 480' concrete curb and gutter 07.50 sq. 3,600.00 M.. ft. C TOTAL $53,134.00 1 fi *9*, . m .24.1 554â‚¬*1 , 41301 .. 9420 %, 444 - few; I .Â» * ' .Â£485;0;a.FLWN C~~FS.4â€ž1-.FA.*A/4~41*Â®t i 21 1 Â¥N 02 EXIUMT "1"' 000* 470 Pâ€¢GF779 LANDâ‚¬qAPE DEVELOPMEN'I' COSit' di Description Cost P. lf,4 Trees $ 10,000.00 13 Bushes & Flowers 2,000.00 Top Soil 25,000.00 Ak-1 sod 2,000.00 200 lbs of seed 500.00 Sprinkler 5,000.00 Stream 4 Pond 8,000 sq. ft. el.00 a sq. ft. 8,000.00 %% Extra labor 2,500.00 41 4.5 â€¢a TOTAL $ 55,000.00 4 4 4 . S 4,14 :3,8 :: > ff. n =Wot q NUÂ©N -0 EVA:,Y:J . WARÂ¢ 'Â· 'Â· f.] i masti: 2 1**W 12!*N918 rl' . 1L_WUr-i **oâ€ž+ A/ MEMORANDUM TO: Aspen City..Council FROM: Colette Penne, Planning Office RE: Aspen Chance Subdivision DATE: January 23, 1984 APPROVED AS TO FORM: LOCATION The Chance Claim Frontage is on Ute Avenue just east of the Aspen Alps Road (please refer to Page 3 of the submission for a vicinity map). ZONING R-15 PUD and C - Conservation APPLICANT'S REQUEST The applicant is requesting conceptual subdivision and conceptual PUD approval and approval to build within 50 yards of the 8040 greenline. GMP exemption is being requested for 3 deed-restricted employee units. REFERRAL COMMENTS The Aspen Consolidated Sanitation District says the project can bk serviced by them. A trunk line lies in Ute Avenue. The Water Department anticipates minimal impact on the existing wlater system. Water would be available from Ute Avenue and/or the 6" main supplying the Alps development in Alps Road. They add that, "due to the layout of the property, we may require that the developer lockte the metering near the access road into the property in the event ihe service lines are in excess of one hundred feet." , The Building Department raises several points, some of which latek reviews may address. These are: 1. The access to the site should be formally addressed as 6n easement or recorded agreement. 2. The Aspen Alps Tennis Court parking arrangement should be defined. 3. A bedroom count is necessary for park dedication fee ca~cu- lation. 4. Two summers ago there was a problem with grading that ~ occurred above this site. It caused Glory Hole Park to fill with sediment that was carried through this site. Will this be fully addressed? The Environmental Health Department notes that no proposal for in- stallation of wood burning devices is included in the application. Any such installation will be governed by Ordinance 12 (Series of, 1983). Windblown dust during construction must be controlled and immediate vegetation of disturbed areas will be required as a long term dust control measure. Drainage from roofs, paved areas and disturbed soil sites must be retained on-site either with drywellt, non-discharging holding ponds or discharge across vegetated areas on the property. Construction noise will be regulated by the City 0% Aspen Noise Abatement Ordinance. The City Engineering Department feels the application is generally adequate for conceptual subdivision purposes. Without an indication of how parceling will occur, however, it is not possible to fully: 60 ' ' Aspen Chance Subdivision January 23, 1984 Page Two evaluate provision of access rights-of-way, utility easements, and sizing of the proposed lots. With respect to the criteria of 8040 review, the City Engineering Department offered the following corrunents: "1. This parcel is of particular importance relative to the Urban Runoff Management Plan adopted by the City of Aspkn. We have, during various discussions with the developer, expressed the importance of an adequate drainage easement to accommodate anticipated flows from the Spar Gulch area under the Runoff Plan. Further parceling should consid~r this easement. 2. Grading proposed for the site will result in considerable disturbance to the existing terrain. As the application points out, much of the site is covered with mine tailihgs and substantial regrading will be done to create a more "natural" configuration. Substantial disruption will bh necessary, however, and subsequent approvals should conr sider the potential for toxicity in the tailings and hok topsoil placement and revegetation will minimize any poten- tial hazard. We would expect the applicant to pursue further subsurface investigations as recommended by Chen and Associates." The City Attorney's Office comments are as follows: 1. The legal description of the trail easement should be supplied early in the process so that the Engineering ahd Parks Departments can coordinate the proposed trail with existing trails and trail plans. 2. The applicant represents that it will attempt to keep k "majority of existing trees" on the site. The Code re- quires review to remove trees of 6" diameter or more. 3. We assume that the Engineering Department will monitor closely all information concerning potential geologic hazards and the impacts of grading and run-off on the Glory Hole Park pond. 4. Mandatory PUD requires consideration of adequacy of in= ternal roads. The grade of the proposed access roads (16% and 8%) should be certified as adequate by the Fire Did- trict for fire protection purposes. Also, although inter- nal traffic circulation will be on private roads, the site will be accessed by public roads that are being or may be impacted by certain land use approvals and applications. PLANNING OFFICE REVIEW verification of Units - The seven free-market residential units E]ro- posed for this project are exempted from residential growth management competition as per Section 24-11.2(a). The letter from the Planqing Office verifying the existence of seven residential units for regon- struction is included in the submission materials and attached td this memo. The exemption allows for the reconstruction of any build- ing existing as of November 14, 1977, provided no additional dwel]ling units are created. The verified number of units must be reconst~ucted within five years of the date of demolition. Any building which lis demolished shall be limited to reconstruction on the same site 04 on a contiguous site owned by the same individual. Employee Housing - An additional exemption from residential growth management competition is being requested as per Section 24-11.2Â¢f) for the construction of three deed restricted employee housing rdntal units which will be included within three of the free-market residential structures. The inclusion of these three units came later in the submission process, therefore, no comments are yet available from the Housing Authority. The applicant is planning to meet with the Housing A ./ Aspen Chance SubdiOision January 23, 1984 Page Three Authority and their~ recommendation will be available by the prelijninary stage of review. Stecifics concerning the location and type of units, number of be rooms, size of the units, and the proposed price categories will be i-eviewed and outlined for you. The price category submitted by the ap~licant at this point in time is for moderate ;in- come rental units, the acceptance of which will be based on current community need. Th* added density of these units has been calcul~ted by considering the â‚¬hree structures which will have employee unitls as duplex units. The Ate is large enough to accommodate this density. As explained in the Â¥pplication, the entire ownership parcel cons]ists of nearly 7 acres whq-ch straddles the City/County line. The Countty portion of the propetty is not being proposed for development. *he portion in the City consists of an area of . 75 acres zoned C - Conser- vation which lies abo*e the 8040 line, on which no development id planned, nor was permissible density calculated including this ar~ea. Below the 8040 line is 3.61 acres zoned R-15 PUD (which requires slope reduction for density calculations). Appendix B of the su]~- mission details the density calculation procedure as per Section !24- 8.18 of the Municipal Code. The net amount of land available fort density calculations is 144,907 square feet. The R-15 zone requires 20,000 square feet per duplex and 15,000 square feet per single-~ family use. This application proposes three duplexes (units with caretaker apartments) and four single-family houses. The duplexds require a lot area of 60,000 square feet and the single-family units require 60,000 square feet for a total land area requirement of ~ 120,000 sq. ft., which is exceeded by this parcel. REVIEW PROCESS The other reviews this application is presently being considered under include the conceptual planned unit development plan (Section 24-8.7) , conceptual subdivision (Section 20-10) and 8040 greenlirle review (Section 24-6.2) . This memo will initially address conce~tual subdivision, then proceed through conceptual PUD and 8040 greenline review. Conceptual Subdivision As stated in Section 20-7, the purpose of conceptual review is to "authorize further study on the project" and some aspects of this proposal are very preliminary at this time. Specifically, the ques- tion of the suitability of the land for subdivision (Section 20-9) will need to be proven in the subsequent review steps. A preliminary review of the engineering geology of the site has been completed ~by Chen and Associates and attached as Appendix E to the applicatiori. This information is being taken further by the applicant in their more detailed site planning. The results of further investigation and more detailed proposals concerning landscaping, grading, contain- ment of runoff, control of erosion, and suitability of the mine ~ tailings will be basic to an evaluation of site suitability. Th4 site is outside mapped avalanche hazard zones. There may be somd flooding considerations associated with peak run-off periods, and the question of the existence of old mine shafts which would indicate potential surface subsidence should be eliminated. Conformance With Section 20-17 Design Standards for Subdivisions must be demonstrated in the Preliminary Plat submission for all streets and related im- provements, easements, utilities and public dedications. The present plan proposes to retain access to the site off Aspen Alps Road per an existing agreement and to provide a single access totute Avenue. The existing driveway to the upper bench will remain asl internal access at a grade of 8% and other internal circulation Will be at grades of 6% or less. The subdivision design standards se-6 10% as maximum grade for local rights-of-way. Parking will be provided at one space/bedroom internally on the site and will be eliminat#d from Ute Avenue. The Alps tennis courts will be provided with access and separate parking. The Attorney's comments concerning the potential inadequacy of Ute Avenue are well taken, however, this project is a Zvj *1. Aspen Chance Subdivision January 23,_1984 Page Four reconstruction project and not a growth generator. Numbers of people and cars may be less than the current situation on the parcel. Conceptual PUD Plan 6 The applicant intends to delineate relatively small lots so that "extensive common area will be preserved for joint use. " The site is unique in that an extensive amount of mine tailings exist, natura~ spring water runs through the parcel, and the topography can be an asset in terms of fitting structures into hillsides to reduce the~r visibility and allow them to become part of their natural surround- ings. A site visit has been scheduled to facilitate evaluation 06 this building placement and the applicant will be supplying additional elevations for your review at the meeting. L The applicant submits that the site design proposed addresses the purposes of the PUD section of the Code in several ways. They hak,e also indicated that no variations from the requirements of the under- lying zone will be requested. Full evaluation of any variations will be reviewed at Preliminary Plat, when lot lines are delineated. The purposes of a Planned Unit Development as listed in Section 24- 8.1 are as follows: (a) Promote greater variety in the type, design and layout of buildings; (b) Improve the design, character and quality of new develdp- ment; (c) Promote more efficient use of land and public streets,' utilities and governmental services; (d) Preserve open space as development occurs; (e) Provide procedures so as to relate the type, design and layout of residential development to a particular site and thus encourage the preservation of the site's unique natural, and scenic features; and (f) Achieve a beneficial land use relationship with surrounding areas. The applicant has addressed these purposes with the following proposals: The existing topography will be altered by the reshaping and terracing of the mine tailings for the purposes of shielding buildings from view, maximizing privacy and solar gain. The natural bench at the upper part of the property will be main- tained and used as the site for two of the structures. Two structures exist there now and are virtually hidden from view by existing slope and vegetation. The applicant has stated that an effort will be made to "keep the majority of existing trees. " All trees over 6" in diameter must be individually considered, and should be shown on a de- tailed landscaping plan. Utilities will be placed underground on the site. Natural spring water that runs through the site will be re- directed and ponds will be created. The ponds will be both functional, in terms of handling runoff, and aesthetic , as a visual amenity for the site and the occupants. The ponds will be used to reduce sedimentation of run-off before it ultimately discharges into Glory Hole Park. Catch basins are being in- troduced to retain run-off from paved surfaces. Existing accesses will be maintained to minimize the amount of paved surfaces. The 6%-8% grades are within the acceptable' range of the Code standards, however, the Fire Chief must s4b- stantiate their acceptability for emergency access. .. Aspen Chance Subdivision January 23, 1984 Page Five At this conceptual stage of the review process, it appears that t application will utilize the flexibility of the PUD provisions to~e develop a design for the site which utilizes its assets and liabili- ties in a way which will enhance the site. Until details are avail- able on the grading and terracing of the site and the positioning and heights of structures are supplied, it is difficult to evaluate the merits of the site plan. As required by Section 24-8.7, the application must include a state- ment of intention for future ownership of all portions of the PUEÂ¢ The owner of the parcel plans to retain one of the upper sites asl his home, then sell the other six sites with limited land area. Each purchaser will have an interest in the common area. 8040 Greenline Review | The review criteria for mandatory PUD and 8040 greenline reviews kre identical with the addition of one criteria in 8040. The review ~ criteria and the applicant's proposals are as follows: 1. Whether there exists sufficient water pressure and othet utilities to service the intended development. The Water Department has indicated no problem with serving the project. Water is available in Ute Avenue and a matin exists in Alps Road. A sewer trunk line also exists in Ute Avenue and the site has been served since 1975. 2. The existence of adequate roads to insure fire protection, snow removal, and road maintenance. The upper and lower portions of the porperty will be se- parately accessed and roads will have to be of acceptakle grades and widths to accommodate these functions. 3. The suitability of the site for development considerin~ the slope, ground instability and possibility of mud flow, rock falls and avalanche dangers. preliminary work indicates that any geologic hazards ca~n "probably be mitigated by engineering design." This rdther ambiguous statement needs to be clarified with definitd en- gineering design proposals before you can determine side suitability in a definitive way. Based on the "Snow A7a- lanche Hazard Zones of the Aspen Area" map prepared by ~ Arthur Mears, the site is outside any avalanche hazard. 4. The effects of the development on the natural watershed, run-off, drainage, soil erosion and consequent effects lon water pollution. The proposal for a series of ponds, connected by sprind water flow, which will be designed to trap and filter out sediment before proceeding to the pond at Glory Hole sounds workable. with more calculations of the efficiency of such a system, it may be necessary to consider a maintenancd agreement with the City of Aspen for the Glory Hole Podd if additional sediment is introduced. The Engineering Deplart- ment also requests that an adequate drainage easement be provided relative to the City's adopted Urban Runoff M*nage- ment Plan. Engineered catch basins are being built to i handle surface runoff and to eliminate oil and asphalt contamination of the spring water. 5. The possible ef fects on air quality in the area and citly wide. Since this site is already a residential site, no long term effects are anticipated by its redevelopment. If wood burning devices are to be included in these structures, Aspen Chance Subdiv. on January 23, 1984 Page Six their installation will be controlled by Ordinance 12 | (Series of 1983). Construction dust must be controlled~and immediate vegetation of disturbed areas will be required to control long term dust. 6. The design and location of any proposed structure, roadk, driveways or trails and their compatibility with the terrain. Subsequent information on the grading plan is necessary to fully evaluate this criteria. It appears at this stage, that if the regrading of the mine tailings can be accom, plished as the conceptual presentation indicates, the ~ placement of improvements will conceal structures, blend with the "new" terrain and offer privacy to residents. 7. Whether proposed grading will result in the least dis- turbance to the terrain, vegetation and natural land features. The Engineering Department comments indicate problems with this criteria. They feel that the proposed grading will result in "considerable disturbance to the existing terfain." They also question potential for toxicity in the mine ~ tailings and suggest that mitigation measures (such as topsoil placement and revegetation) be investigated. The subsurface investigations recommended by Chen and Associates should be completed and will help with more complete inkorma- tion in the evaluation of the proposed grading plan. 8. The placement and clustering of structures so as to min*mize roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource. Existing roads are being utilized, open space is consider- able if the amount of property being undeveloped is tak~n into consideration. No structures are being proposed a~ove the 8040 line. The evaluation of building height can ]*st be considered at the site visit. Concealment of structlures is an important aspect of this project. 9. The reduction o f building height and bulk to maintain the open character of the mountain. : Until new grades and building heights are detailed, it is difficult to evaluate this. However, the renderings td be supplied and the site visit will aid in this evaluatiod. The fact that the entire portion of the property above the County line will remain undeveloped, as will the .75 adre above the 8040 line, is very positive in maintaining the mountain's open character. The applicant feels that the area and bulk requirements of the R-15 zone, includingj height, can be adhered to in the design of the structures. Other Considerations The applicant wishes to dedicate a trail easement of 40' in width with a developed trail of 8' in width to the City of Aspen for ski-in or hiking access from Aspen Mountain. Work is in progress to obdain the cooperation of adjacent owners to extend the trail to Ute Avlnue, connecting the Gant and the Aspen Club. PLANNING AND ZONING COMMISSION ACTION The Planning and Zoning Commission recommends approval of the coricep- tual subdivision and conceptual planned unit development plan foli the construction of seven (7) units on the Chance Claim (Spar) propetty as presented. They deferred action on the GMP exemption request for three (3) employee rental units in three of the proposed structujes to Preliminary Plat. The Housing Authority had not reviewed the | application, so P&Z did not have a recommendation from them to r~view. They also deferred action on the 8040 greenline to Preliminary Plat so that more detailed information could be considered to determine dom- pliance with the criteria. i - Aspen Chance Subdiv.-ion January 23, 1984 Page Seven PLANNING OFFICE. AND Â·PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning Office and the Planning and Zoning Commission recommend approval of conceptual subdivision and conceptual PUD with the follow- ing conditions: 1. Further investigationÂ·.of..the engineering geology must be completed to assure suitability of the site for development. 2. Definitive information be provided which removes the question of surface collapse or subsidence due to the possible I existence of old mine shafts. 3. Conformance with the Design Standards for Subdivision ik Section 20-17 must be demonstrated in the Preliminary Plat submission. 4. The preliminary Plat submission should include more detailed proposals for landscaping, grading, containment of runoff and control of erosion, to the satisfaction of the Engiheering and Planning Departments. 5. The relationship of this project with the Urban Runoff 1 Management Plan should be addressed with the appropriatk easement language and parceling to accommodate the easehent requested by City Engineering. 6. The potential toxicity of the mine tailings should be ~ addressed. If a problem exists, mitigation measures mulst be outlined. 7. Impacts of grading and run-off on the Glory Hole Park pond must be evaluated and, if necessary, an agreement for don- tinuing maintenance should be drawn up with the City 02 Aspen. Continuing maintenance of the on-site ponds be |out- lined through a subdivision agreement at preliminary plat. 8. All trees over six inches (6") in diameter which are to be removed must be shown on a site plan for consideration. 9. A legal description of the proposed trail easement to Ne dedicated be supplied in the Preliminary Plat submissidn for review by the Engineering and Parks Department. 10. Preliminary Plat should show a bedroom count for park de- dication fee calculation purposes. 11. The shared access on Alps Road be formalized either thEough a recorded agreement or easement. 12. The Aspen Alps Tennis Court parking and access arranger;lent should also be a recorded agreement or easement. 13. Any installation of wood burning devices shall be subject to Ordinance 12 (Series of 1983). 14. Drainage from roofs, paved areas and disturbed soil sit~es must be retained on-site. 15. Immediate vegetation of disturbed areas is required. 16. The applicant will joint in a sidewalk, curb and gutte* improvement district in the event one is formed. They will ~ _ij participate to the extent of their frontage. 4 '-,1 1% -- Â·-4 - Ji 9 cs 2. 121 -.9 0 3 MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: Aspen Chance - Final PUD Submission Case #062C-84 DATE: May 29, 1984 APPROVED AS TO FORM: ==== INTRODUCTION The representatives of Aspen Chance have submitted their final PUD/sub- division plat and agreement in order to complete the processing of their land use application. To familiarize you once again with this proposal, the Chance Claim site fronts on Ute Avenue, just east of the Aspen Alps Road and wraps around the tennis courts and through the mine tailings in the area. The zoning of this land is R-15 PUD on its lower portion and Conservation on its upper slopes. i The applicant's proposal is to reconstruct seven (7) existing free market residences and to add three new moderate income employee units, all of which are exempt from our growth management regulations. I Prior approvals granted to the applicant are as follows: January 3, 1983 - Aspen P&Z Conceptual PUD approval January 23, 1983 - Aspen City Council Conceptual PUD approval April 3, 1983 - Aspen P&Z Preliminary PUD approval, 8040 Greenline approval The requests remaining before you are to act on the Final PUD/Subdivision Plat and agreement and to exempt the employee units from the growth management quota system. Following are the review comments in this regard. REVIEW CONSIDERATIONS Paul Taddune, Jay Hammond and I met on May 18, 1984, to review the plat and agreements in detail. In summary, we feel that these documents are substantially in compliance with the provisions of our Code, but some changes and additions will need to be made prior to your final approval. We, therefore, wish to familiarize you with the issues involved in the application today and obtain your guidance in several discretionary areas so that final action can be taken at your next regular meeting on June 11. These issues can be broken into the following groupings: 1. Changes/clarifications since Conceptual review; and 2. Changes/additions to plat/agreement. Following is a discussion of these two aspects of the application. CHANGES/CLARIFICATIONS SINCE CONCEPTUAL REVIEW During Conceptual review, the applicant proposed to create seven (7) small lots, each containing less than the 15,000 s.f. required in the R-15 zone, and to keep the remainder of the site in common open space. This arrangement complied with the underlying density bf the site and kept the open areas of the site in common ownership, guaranteeing a uniform maintenance approach. The final plan follows the revised pattern established at preliminary PUD of creating lots which meet the underlying requirements 0- the zone district, with only the following as common areas: 1. Sculpture garden and turnaround; ... 9 *0 67â‚¬0.66 TED\Al,Â» 4 4,4/ HOW+AJ DA- 12~R--/ .. , f-\ KAREN B. SMITH, A.I.C.P. Planning and Management Services ~ Â£Â£.MIC, t ~Â£_COI <,~~ P.O. Box 8575 Aspen, Colorado 81612 .~~~ OCT 2 6 1983 ~ Phone: (303) 925-4894 ASPEN / PITKIN CO. PLANNING OFFICE Sunny Vann, Planning Director 130 S. Galena Street , Aspen, CO 81611 October 26, 1983 RE: Verification of Units - Aspen Chance Property Dear Sunny: In response to Ed Zasacky's letter of September 27, 1983, ypu have indicated there is sufficient evidence for you to verify at least seven existing dwelling_unitson the Chance Claim properti. -The--62*en units included five single-family dwellings on tie lower part of the property and two units on the upper part , the barn and a single family dwelling next door. You asked fÂ¢,r further documentation regarding what we believe to be an eigh~h unit and that is provided herein. The justification for verifying an eighth unit is primarily bas~d on the existence of building permits dated June 23, 1971. Tte first, a general construction permit, refers to the constructipn of a loft area unit. The second, a plumbing permit approves nq>t only a sink, a kitchen element, but also a washbowl and watÂ¢r closet, common bathroom elements. Harley Baldwin, the person who sought the permits has verified for us that the purpose for thoke permits was to construct a separate dwelling unit. According to the former Building Inspector (and the person wlio approved both permits), Clayton Meyring, the zoning at the time was AR-1 which permitted multi-family dwellings. There fore, the addition of a second unit would have been permitted by the zoning. The building code allowed a studio dwelling of 220 square feet. The existence of a unit which predates the Baldwin application is confirmed by tenants of the property as well as by reference cn the June 1971 construction permit to existing electrical and heating systems (see Notes to Applicant). The existence of at least two verifiable units in the barn is further confirmed by Aspen Metro Sanitation records indicating there were four kitchen sinks in the barn at the time of sewer hookup. Â¢ , - 3422 mimo -. c *dto f-c-Ao----~ r ri'/ - 4~3~\01Â»f Page 2 2. The applicant represents that it will attempt to keep a "majority of existing trees" on the site. The Code requires review to remove trees of 6" diameter or more. 3. We assume that the Engineering Department will monitor closely all information concerning potential geologic hazards and the impacts of grading and run-off on the Glory lole Park pond. 4. Mandatory PUD requires consideration of adequacy of internal roads. The grade of the proposed access roads (6% and 8%) should be certified as adequate by the Fire District for fire protection purposes. Also, although internal traffic circulation will be on private roads, the Eite will be accessed by public roads that are being or may be impacted by certain land use approvals and applications. The Housing Authority approved the plan for three employee urits with the following conditions: 1. Standard Housing Authority Employee Unit Agreement be entered into prior to issuance of a building permit and be filed with the Housing Authority. 2. Units be restricted to moderate income guidelines. 3. Units be available to the general public if not usedl by the owners to house their employees and that verificatlion of employment of those persons living in the units be compl#ted and filed with the Housing Office. This review will proceed through consideration of the prelimir4ary I PUD plan and 8040 greenline criteria and will address the conditi~ons ~ of 8040 greenline review. The conditions required by the Engineering ; Department address any deficiences in the actual subdivision prelimin4ry plat. Considerationwills-2-heivenfo-E_th-e granting of a Â¤MP exemption- for the--brevision of employee housing on the site. The review criteria for mandatory PUD and 8040 greenline revi#ws are identical with the addition of one criteria in 8040. The revtew criteria and the applicant's proposals are as follows: 1. Whether these exists sufficient water pressure and ot~er utilities to service the intended development. The Water Department has indicated no problem with servj.ng the project. Water is available in Ute Avenue and a m*in located in Alps Road. A sewer trunk line also exists~in Ute Avenue and the site has been served since 1975. 2. The existence of adequate roads to insure fire protectiÂ¢n, snow removal, and road maintenance. 1 , As evidenced by the comments of the Fire Departmenti a 4 3*new fire hydrant will be added at a location prefer~ed Y~Â·0 by the City Engineer and all roads will be 20 feet minitum width and will access all structures within a distahce of 150 feet. The Final Plat must show these commitments. The upper and lower portions of the property will be separat#ly accessed and roads will be adequate to accommodate th~se functions. ~ 3. The suitability of the site for development considerilng the slope, ground instability and possibility of mud fllw, rock falls and avalanche dangers. Based on the "Snow Avalanche Hazard Zones of the AsÂ¤en Area" map prepared by Arthur Mears, the site is outside Page 5 The problem raised by the Building Department in their referral memo, however, needs to be discussed by the Commission. The definigion of a dwelling unit, as stated in Section 24-3.1(g) is, "one or *ore rooms, in addition to a kitchen and/or both facilities, intended or designed for occupancy by a family or guests independent of other families or guests." With the bridge elements in the design of sevÂ¢ral of these units leading to suites with separate bath facilities~and entrances, the concern expressed over their very ready convertability / to separate living space ("bandit units") is justified. The applicants V have agreed to either remove exterior entrances or to covenant the particular units where this may be a problem. The City Attorney asks that you make a determination of the acceptability of one (or both) of these alternatives and the appropriate changes be made prior to Final Plat review by Council. Adherence to a project completion schedule is required by Section 4/ 24-8.20. The development schedule offered by the applicant is as follows: Buildout will be over a period of two to three years. Most of the public and common area improvements will be completed in 1984, specifically: 1. Site grading; 2. Upper driveway and turn-around; 3. Drainage and paving (except around the three center houses); 4. Utility extensions (underground); and 5. Landscaping (except around houses 3, 4 and 5). "The landscaping commensurate with the building construe- tion is anticipated as being accomplished in a two- year period. The first year will see the disturbed site totally reshaped, utilities in place and landscap{Lng completed on Lots 1, 2, 6 and 7. On the southÂ¢rn boundary line trees will be planted to provide vis4al screening from the adjacent site. (This will be compleked within the first year of construction). The center three house sites (3, 4 and 5) will be covered w_th topsoil and one of the three sites will be used to store, grow, and acclimate the plants and trees needed for the completion of the first year and the screening trees, as many as practical, will be planted around that area." The Housing Authority has reviewed and approved the employee housing proposal. The units in which there will be a caretaker's unit Nre considered to be duplexes and are on duplex lots. They must rem#in rental units. If they were to be condominiumized at any time, tlhe ~ rental structure of the units which were verified as existing lon i this parcel prior to this application would have to be supplied 4or /J the 18 month period prior to the application date. We are quilte i sure that several units would fall within employee housing guidelinâ‚¬~s. ~ Since condominiumization is not being requested, this not an issue.~ Finally, we will briefly review the conditions of the Conceptu~l approval: 1. Further investigation of the engineering geology must be completed to assure suitability of the site for developmer~t. The "Soil and Foundation Investigation for Proposed ResidentWal Development" which followed the "Preliminary Engineering Geology Investigation" by Chen and Associates gave those assurances. .. KAREN B. SMITH, A.I.C.P. Planning and Management Services P.O. Box 8575 Aspen, Colorado 81612 Phone: (303) 925-4894 * Mr. Sunny Vann, Planning Director ~ Mr. Jim Wilson, Building Inspector ~ City of Aspen 130 S. Galena Aspen, CO 81611 September 20, 1983 Dear Sunny and Jim: It is the intention of my client to reconstruct dwelling units~on the Chance Claim (Spar) property. Therefore, pursuant to Section 24-11.2 (a) of the Aspen Muncipal Code, I am requesting that Mou verify units on the property. To assist in your review, there are seven buildings with ten units on the Chance Claim. It is my understanding that theverified units would be exem~t ~Zam_--fha__GMR.-.Onota_.Competition. Given the PUD designaEion-Cr-916 property and the applicant' s intention to divide the property into lots for future sale, I assume the proper applications fpr reconstruction of verified units therefore will be a combin*d subdivision and PUD. < We would appreciate your response as soon as possible, so the applicant can prepare the appropriate submission. Sincerely, 3 0 4- U .-k_ tb Â· Lyul.ftic Karen B. Smith, AICP i for the applicant, Neal Myers KBS:klm CC: Collette Penne .-4 1 ' ./ 11 .1.-. AANAÂ£484.. &51,1 . u I ' I w ~.r ~4Uk 7371 .. 1 2 /1 6 'r f 7,1- t Aspen/Pitkili*Planning Office 130 stiRhfgalÂ¢*1*jtreet aspe~h**16*afdo- 81611 '"44*1.25-31 - Karen, The only modification in the conditions of Conceptual approval was o Condition #9 which now reads: 9. Legal description of proposed trail easement and its relationsh p to adjoining properties and approval by Parks Director and PC A and the Planning Department. The conditions of Preliminary Plat approval are as follows: 1. All representations made in the Conceptual Submission and Preliminary Plat Submission to address the 16 conditions of conceptual PUD ~re made a part of this approval. 2. Access roads will be as represented to the Fire Department (20' ~inimum o LL o . Â¢ 2 AK width and within 150' of all structures). A 3. Confirmation of water rights for the Durant Mine water and an agreement 9 6 4 - 4 wb k k) with the City for its use. 4,4 4. The extension of 6" diameter water mains to within 100 feet of the dwelling units. 41 5. The four plat changes required in the Engineering Department memo of 3/22/84 be made prior to Final Plat. *.f ~6=-The-aFFIIEiRt shallrecordcovenants limitinguseofthe--structureEB-, single-family and single-family with caretaker units. ~7. The standard Housing Authority Employee Unit Agreement be entere~ into & prior to issuance of a building permit and that the agreement be~ filed with the Housing Authority. 44 1 8. The employee units must remain rental units and will be deed-restricted to the Moderate Income Enployee Guidelines. 9. The employee units must be available to the general public if not ~ used by the owners to house their employees and verification of emplo<ment 4,Â»14 1 of those persons living in the units must be completed and filed ~with ~ the Housing Office. T". #L 2.4 Section 24-8.17, Off-Street Parking Spaces. No reduction in the off-street parking spaces is proposed. 2.5 Development Schedule. The owner expects that the development will build out over a period of two to three years. All public and common area improvements, with minor exception will take place in the fitst year (i.e. initiated in the spring and summer of 1984). Th&se improvements include: o Site grading o Landscaping (except around the three houses (3,4,5) in the center of the site which may notibe constructed until the second year). (See Section 2.3) o Upper driveway and turn-around o Drainage and paving (except immediate~ly surrounding the three center houses); ground will be covered but final grading will happen when houses (3,4,5) are completed. o Utility extensions. (See KKBNA Grading-Utility Plan) 3.0 8040 GREENLINE REVIEW ~ Explanation of how the application meets 8040 reviÂ¢w criteria was offered in the November 2, 1983 conceptual application. Additional information relative to visuAl considerations is offered in the site and architectural plans of this application. Supplemental information on natural hazards and utilities is included in the geologic investigation, Append~x B. 4.0 SPECIAL REVIEW FOR EMPLOYEE HOUSING ~ Three one-bedroom units (approximately 600 feet in sizd) will be constructed in conjunction with the three uppdr homesites. Effectively this will create three duplexes and houde up to six employees. Through deed restricting these units to moderate-income rental guidelines, the City will gain controlled units where none previously existed. These units will become part of the employee housing inventory. The applicant request$ permission to bring the owner's choice of residents before th4 Housing Authority for qualification under employee and incomÂ¢ guidelines. This is necessary because due to the design anti proximity of the units, it is anticipated that renters will act -4- N ..1$0:2.ff/= 1 a... - .14,/1../.M.M.I -9-J h P Â· - Â·:17:w 4. InÂ·-4 - S 4. . 90 +44 ; .i Z *~-loirfli<%/ 1 4 .. A .1 -4 . ..,4 i~Â· ? 1Â¢llit ~Â·:4.31 'It~~ ,~|~1~â€¢ N<Emm,wa:99**#NNE-.-, 1;1, -gt j-tbak'&Â»Â· **0,6,0922**4 4 â€¢6â€¢ ir '01-trilâ€¢Fillillix.~~A~litib, ...0.1-4, t~'Etil''!,-Ill " 412/b *5 0199/TA#ir** F.11~77'41- - 1 82 111, ,f' ~~ A#~:+A~~f~ -1â€¢m 5 1 1~ atr' 2,$21>42 1''T> ' Â·Â·- 1 '11/1â€ž,LJ/att:i~il'll:/ 1 '1111604-if"~T.J~,r?'.10*1-ATWalti#, b C.. &=1, ",Â·#.1 9 L .,...Â·,i-11100*:.,.".*~,".b-4 F#~il; 00 '4'*~.40214', -=.1 ,-1 , - : - --9;10-4-~....-~.-*i . *Mipp~;Z~,7 .,1.~6 0 Ji' r ---- -8/d ----------sn lA_------1 1 + 1 11 r' 1 KtTCHEN ~ DINING 1 1- 20-6*18-0 20-8*14-0 - --1 ]11 0--- - -1- - - ----- - .----- .-1 -1 I-- 1081- --n 1-~ 1 n/ 1 E-~--J L~ D I ~ 7==lf - .0 F I l,re*511. F 1 DEN LIVING Ph 1- 1 1. 10 1-1 Z.,7 23-8/21-0 1 ~ BATH . ..0.00/ 1 1 1 37 0 17-0*18-0 1 CARETAKER 29-0*12-0 ~_ IL--1 1 .11 m L ./ h 4-1 r I-' Al 111[1 dup r ICL ' .A.231-,-7 i R J .ATH i I 4]V~ - ~ BATH ~ 4--0 DN ,Â·-~ 1 ; MA ENTRY | 11 1 1 Li C f 1 LJ ? C %113 Lill/__.~r ~ MECHANICAL -J 1111111111--~111 I 1 LlyÂ©~ ~ 1 '_~_13%.1 ~ BEDROOM 3 BEDROOM 2 ~ 15-0*13-8 15-lili-6 | f l GARAGE ~ 0 | | ! 38-OX22-0 1 ~ 1 1 1 13 11 ----- 1 l 1 1 1 I fbi L--7 F 1 1 MAIN LEVEL FLOOR PLAN Dr>Â»I.Ir....1 _1_ ------1 1---------11 11 11 IF I, 1 1 .1 1 11 11 It 11 IA 11 /- 11 11 AÂ«-1 9 -T d 11 11 11 11 11 Z==El- 11 \ LL- 21 / i \ A| ~ DNe fl- 1 MASTER SUITE I 11 11 11 23-eX17-0 1 11 11 11 11 11 11 1 !1 -1 - --- 1 1 1 11 OPEN -731 4 MIÂ«]1 OPEN ~i IELOW- - O IELOW IATH ~,/9~ -- -1 -- 1 -- =-1-2 -2.-2.-1-- 9%17-3 Q 0 -- - -- LECK UPPER LEVEL FLOOR PLAN 4 < 0 3000Â¥ hz<P.':-k ,>-ti.~'4 2.211Â»11,0.1, h.. r S,le:(4~*6.. AF'ir. ili. 7)17:Lmi*~- -0 4/6/ 1.1 1- A : 4 &174:Vi'. * ~/,0Â£ 44 . '47;iiA~'"'~3.c:::4.-- 4 '~2~~.'-,%; m. '74 4 - * 'a v rmi #4 k, a *42'1,di,~... -0â€¢1~~4192.'22'17- *AtiA, :1 ,Â·%4 9.)~kÂ·1,-, : 3 *i $' Â¥ Tr ..441.6: 1 'ff 44# "lf. f 411* i#'22,14'. 4 01.-th, V LVAa Lt fl!~~~ f~Q~vi' .C.,F#,*n. tti. 111111-!Ir..7 1 ,~ Â· i., Â·, ~. '! ~Â£51,13'! k... 9.jilif~~~~Rb: 22* 11â‚¬c Â§'. 0 0 , 0. 4 04 Regular Meeting Aspen City Council May 29, 1984 option in the Code. Richman pr73ented Council with the landscaping plan, and recommended that Council require the landscaping guarantee. The applicant is not supportive of this ~ recommendation. Richman said there are two possible alignments for the trail, one along an existing roadway on a lower part of the site; the second is higher. The parks director recommends the lower trail. Councilman Blomquist asked about the annexation plans and said , it is important to him the park land be dedicated to the city. Karen Smith, representing the applicant, said they feel the upper trail would be more damaging as it requires cutting a new trail 30 feet up a steep slope. --/1 Richman said the park dedication fee has been confirmed by the building department; the Council can exempt the employee housing units from this fee. City Attorney Taddune asked if the owners would agree to dedicate all water rights. Ms. Smith said would with the , provision for irrigation for landscaping and for the ponds. Councilman Blomquist moved to grant final subdivision approval to the Aspen Chance with conditions 1 through 4 in the planning office memorandum and (5) the city receive a land- i scaping guarantee; seconded by Councilman Collins. Council said they would like the applicant to deed to the city the land above the subdivi- SiOn. Gideon Kaufman said the applicant would do this as a separate action. Ms. Smith said she did not feel the landscaping guarantee was necessary because of the caliber of this development. The owner cannot sell the houses unless the landscaping is completed. Charles Fagan, representing Bill Hewitt owner of lot 5, told Council his client does not like the proposed fence as too close to the property line. Hewitt also objects to the ' trees too close to the property and will block views. Fagan said there will probably be ' litigation. There is a utility easement shown in the middle of an adverse possession , claim. Fagan said Hewitt is concerned during construction that his water line may be cut off. Fagan said the construction access is shown right along the house, and would like the construction road somewhere else. j Taddune told Council they should avoid as much as possible resolving disputes between | private litigants. Taddune said as long as the title is in the name of the applicant, he : would presume that it the case. Kaufman said the Code allows an owner to place a fence on the property up to six feet, and this fence will be per the terms of the Code. Kaufman : said the access is their legal access to the property. p All in favor, motion carried. EAST HOPKINS TOWNHOUSE - REVIEW SUBSEQUENT TO GMP Councilman Collins stepped down due to a conflict of interest. Alan Richman, planning office, said there are three reviews before Council; to exempt the six employee units from , growth management. These units will be deed restricted, 3 studios to middline and 3 two- bedroom units to low income guidelines. The housing office recommends this action with some conditions. Another review is condominiumization for 9 separate units; 3 office units, 3 studios, 3 two-bedroom units. The employee units will stay as rental units and should have a six month rental provision. There is a parking reduction for the employee units. One space per bedroom is required for a total of 9; six spaces will be provided on-site for the three offices. Richman pointed Out this is a substantial exemption request and there will be an impact on the downtown area. The trade off is exempting parking to get employed units. P & Z felt comfortable with that trade off, since the city is getting six employee units. Richman said the recommendation for approval is GMP exemption for the employee units; subdivision exception for condominiumization, and special review exemption for the parking. P & Z has approved this and passed on eight conditions. Bill Poss, the applicant, presented the site plan and proposed plans. Councilman Knecht moved to approve the GMP exemption for employee units, subdivision excep- tion for the condominiumization, and special review for exemption from the employee parking I requirements subject to conditions 1 through 8 in the planning office memorandum; seconded by Councilman Blomquist. All in favor, Councilman Collins abstained. Motion carried. , SOCIAL SECURITY Acting City Manager Ron Mitchell told Council the city had filed an intent to withdraw from social security. After the city filed this letter, a new social security law was passed which banned withdrawing. There are a number of cities suing, saying this is not Consti- Lutional. Bil Dunaway objected to the city spending public money to withdraw from something that every voter has to be in. Mitchell said when an employee survey was done, there was almost unanimous support to get out of social security. Mitchellsaid getting out of social security would increase take home pay, which is non-taxable, and the employees could put their money in some fund that would benefit them. i Councilman Knecht moved to disapprove dropping out of social security; seconded by Council- man Blomquist. All in favor, motion carried. ' TRANSFER OF LIQUOR LICENSE - Red Onion I Fred Pearce told Council the new operation would be sandwich/hamburger operation, very i simple. Pearce told Council the owners also own the Old Dillon Inn and Pablo's. The opening will be in June and they will serve on the mall. Councilman Knecht moved to approve the transfer of the Red Onion liquor license to Red -1 Onion Restaurant Inc; seconded by Councilman Collins. All in favor, motion carried. | APPLICATION FOR BEER & WINE LICENSE - Village Pantry | Mayor Stirling opened the public hearing. Mayor Stirling pointed out the environmental health department is requiring bathrooms to meet Code. Presently there are not enough ' bathrooms. Pat Richards said the space has been allocated and they intend to install bathrooms. Mayor Stirling asked for opponents. There were none. Mayor Stirling closed ~ the public hearing. 300 #-- Â» PAY 55 RE.31-IjDIVISION OF LOTS -1. 3&6 INTO LOT> 3&6 E i OF TI-IE _UIENDED PLAT OF ASPEN CHANCE >t-BDIVISION PITKIN C OUNTY, COLORADO <3 Z WATER DETENTION ARIA hi.4 f 44.: 492; 1 0 9 \2\J aQI_J j 2 1, ..0//2 f 919-,r- -- li i t. 4. ' - I - -tz PA:,ATE ACCESS ' - /1/ LOT 7 DRAINAGE. UTILITY Â·--3-=f A . lELA 7 ' . r'? 29 EASE ~..1 -A:&:74 /' A-/, 8, w // j , i JAMAX 5- I 900/ I . /428 J :, 1/1.*Â»> k . E . S Â« ffiY' FLA_E INC-/32@EEÂ· SKJ EASEMENT c I '' 1 % 64 VÂ« .R 062â€¢Câ€¢ I ./ <treÂ» f; 1 LE#â‚¬,IU-1 G .,mIUTIL, W C.*4-. 51 J 41. - / 9 c ea . int 5 -ld Lot 6 z.~.7... .9rr Cr-~ =vi #. Pit_klc ,-'' ><t _kEL-z. le- al. - . - Fi-~ts -rAÂ· *tr- R Firesto:- a~ -â„¢r -=~-rÂ® 2Â£ oe.. = 20:... 4--:, ef U~ i A~- -2*e 9,1,=rvie:.r~ =~ t-.1/ t. *V Xa - 9- G- e #* 0 = 71- liat 4 -,r 're 2- ' I. *- /â‚¬ #*:Q =* . # ]k 16 â€¢' P~e 98 *h -- ~Â· 9~ - P.at --.b-... -- -â€ž =* .y # # le C t~ ..A C- 0:hce ~ U~ PltÂ£r. 2Â©Ty -erv 837 '1 - -- 8 :~u....% ..illk u,t55.le- - ) ..Pi~t ~Irlier 'The r-~I 03 ~4,ecor~/ M,- ~ these pres=.â„¢ ~lim--t:ed ) 4 . -epÂ·.-* e: h- 3. =xj mrÂ¥.I . ine -*** cl ,~te 4 I -Â¥1 6 .* *t' f -g~ f It = kt- 91.â€¢ 45*-dâ€¢' rÂ· A/4126_ __ .985 NErerANCE VErÂ· eZ[*JING - ki-CL /*- --- M D >-rl ...... lih **&d * H * f inw~ L~5 5 ard e of ti~ *~d PiaÂ· I . .../. sa:di.1-il . -T/lit/1 ul :i.ir~ 1- the ence . * pluclr. rs--1 __ U.-*__ 0:,unty cler* a,4,Â»~rt th. _Â£_amy Ul-~1*~~â€¢6"W I -1,_21 0â€¢ladi__1 7.:ewileâ€¢Im lj-lAL 9A~ . COLC~ t. -j-Al' 42>:42 col,rr . .lic: \EL :- â€ž r.. = ortlcla Â·Re ro.~02]~a; 17-tâ„¢~t .~6 ad,nowj* Â»tonâ€¢ - this 62 4 /- FT%7 -: *NOFfi Eu=-r*-r;=214*4. ./. I _/- ... 5 .. 6 . I. -Il. / * .-i-lar 4,- 7624 116 249*,14"L- -- -Â· W -I- aut~rity -t ./th . ...10. 7-90?A Â©f tr= ~pen .a~ i- Code th.~___ * of f.- '324.-Jit . STA. . ' Fal:NIA EXJ(.HI~ 0/ t -, . A.4 â€žu.Â»u.#LL.%8 64.-t. 2- for,~11Â© ls=trl-nÂ· -m --* d erâ€¢ - tÂ·=e z Ln-_* r~ _ _ U S~VE'aLF S ...pIC.1 *i-- . -d#.c21 s~, 2 9 I ~r- w }--1.... â„¢~Steâ„¢d ./. Eurvew, d. /.zeb' certify .. : *. F~~=.r~ t.lubNvil-Il of ... 4 5 ar' 6 1..... S art I ..p - Motcy Public I M P~al If * '-r- **#.. ti~t t~ .cxz~,la. of t~ @a 11â€¢.- of 2:. 5 -1 6 m aic[~2,21Â¥ -3 -*I - Y-r~ O- 'ht ,- axt 2--i~ cr fleld Â£- t * p .T-â„¢3 = 5 # ' cc~~ferm toi* .-ed [,1 tr- 1/ Wl=Â£]F i .- -i - Â·*I I... ..:- c~ 0"~ 1909 ,400 REG imp. Fra~ W ....:I. tifi.*38- 4448 4 '* 1 80 RTL),4' I :10.d (1311Â¥ 'f.{}id Vit~>m~No.7 \ J.Hy,1 1 UNy]'1011 , -kik MiÂ· UNÂ¥ 4 %11 l iN/*11 ~ 1 2 131"fap 8 q'â‚¬.9 /// M:ill.K KIVM -7 009 1 TOTO ,â€¢u Â·K,/ 1,9,1.h, * *.1.' 0{1Â¥Mt)'10,) 'N)[day ~ 1 1 1.1 :./ 1.... | Colorado Secretary of State - S~nary Page 1 of 1 Colorado 4 ':-' Itrik I I -6... Secretary 01' State, Scott Gessler I 9 Business Division Home I Business 1 Elections I Licensing Pre,55 1 About Us I Contact Us For thls Record... History & Documents File a Document Summary Subscribe Email Notification Unsubscribe Email Notification ID NumberÂ· 19871633711 ASPEN-CHANCE HOMEOWNERS' ASSOCIATION, INC., Dissolved Name: Business Home January 31, 2005 Business Information ____ .~ .. ... _ .... ~. _ _ . _ . Business Search Registered Agent: GARRET S. BRANDT Registered Agent Street Address: 132 MIDLAND AVE STE 4, BASALT, CO 81621, United States FAQs, Glossary and Registered Agent Mailing Address: Information Principal Street Address 132 MIDLAND AVE #4, BASALT, CO 81621, United States Principal Mailing Address Status: Administratively Dissolved Form: Nonprofit Corporation - JurisdictionÂ· Colorado Formation Date: 08/19/1985 Term of Duration Perpetual Periodic Report Month August You may: â€¢ View History and Documents â€¢ File a Document â€¢ Subscribe to E-mail Notification Regarding this Record . Unsubscribe from E-mail Notification Regarding this Record 1 Previous Page ] Search I Accessibility I Privacy statement I Terms 01 use 1700 Broadway, Denver CO 80290 I -30.3.894-2200 1 sos husiness@grs state rÂ·o t,>-, http://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEn... 7/14/2011 A=glial rilellng Aspen city council May 29, 1984 .. Bil Dunaway asked if this ordinance has been presented to the P & Z; the Code calls for ~ all zoning matters to have a recommendation from P &Zto Council. City Attorney Taddune said Council can initiate ordinances and refer them to P&Z for work on the ordinance. Taddune said he has prepared this working document as the request of Councilpersons. Dunaway said it is illegal to adopt a zoning ordinance without a recommendation from P & 2. Councilman Knecht moved to refer Oridnance #17, Series of 1984, to P&Z for their comments ! seconded by Councilman Blomquist. All in favor, motion carried. QUARTERLY FINANCE REPORT AND DRAFT CASH RESERVE POLICY Mayor Stirling said Council will have a work session on the cash reserve policy. Sheree Sonfield, finance director, went over the major points in the quarterly finance report. Ms. Sonfield pointed out there have been $627,000 in expenditures in the first 54 months I of 1984. Ms. Sonfield said the city is fortunate to have cash reserves to support these ~ kinds of expenditures, but this will affect the capital improvement program. Ms. Sonfield pointed out the negatives in the water fund, which get larger even with increase in water j fees. Mayor Stirling suggested Council meet on June #th to have a financial policy work 4 session, costs to date, capital improvements, and cash reserve policies. Ms. Sonfield told ~ Council she has had help from people in town drafting these policies, and it has been very ! helpful. 1984 PERSONNEL RULES AND REGULATIONS Acting City Manager went over the changes. One is to change from 18 months to 12 months when a seasonal employee can start accruing benefits. Another change is to reduce from 4 to 1 hour segments that comp time can be used. There is another change that an employee cannot use non-comp time after they have physically terminated; this has not been done but , is being specified in the rules. Another change is to add recognition for employee time ' from Pitkin County or Snowmass for purposes of vacation and sick time accrual. The funeral ~ leave has been increased from 3 to 5 days. The final change covers the confidentiality of ~ personnel. Mitchell said the majority of the changes recognize what is already in practice. These are not increases in benefits. Doug Vaughan, Daily News, asked the Council examine I the confidentiality provisions in order to allow for investigations when allegations against f employees have been made. ' Councilman Blomquist moved to table this issue; seconded by Councilman Collins. All in I favor, motion carried. Council requested this be brought back June 25, 1984. ' CONSULTANT PROPOSAL FOR LODGE IMPROVEMENT DISTRICT Monroe Summers reminded Council they passed a resolution to create the base mountain lodge improvement district. Council also discussed a proposal by the consultants working for the Aspen Mountain Lodge, who owns 40 per cent of the land in the lodge improvement district. This proposal stipulates they will be willing to fliont end the cost of the desing work, if they are the consultants to do the project. This proposal is to have Doremus & Co. do the work and have Sandra Stuller as legal counsel for the lodge improvement district. Summers I said staff is asking for conceputal approval by the consultant team for planning and design- i ing of the lodge improvement district, and $13,200 for legal expenses. These costs are reimburseable through the assessment of the district. i Mayor Stirling asked why the city attorney doesn't do this work. City Attorney Taddune said there will be three entities; the bond underwriter and counsel, the city attorney, and counsel for the district itself. Mayor Stirling said he does not want to see the city spending money until the issues with the bankruptcy and the Aspen Mountain Lodge are resolved. Summers said he would like to get this ready to go without actually starting. Summers said the city has spent about $4,000 for the pre-planning which forms the basis i for the conceptual design. This has been approved in workshops with the public and with Council. Mayor Stirling moved to authorize the city manager and city attorney to develop a detailed i contract for planning and design services for the base mountain lodge improvement district ~ 1 the team of consultants and other terms outlined in the Doremus & Co. lodge improvement i district draft proposal number 2, dated May 21, 1984, and submit same to Council for final approval; secondly, motion to appoint Sandra Stuller subject to a recommendation by 1 counsel by June 11; seconded by Councilman Knecht. : Councilman Collins said he feels there is a conflict in that the professional team suggested ; to do this work is also retained by the Aspen Mountain Lodge applicants. Councilman Collins said it has been the policy of the city and county when seeking professional services to request proposals. Summers said the logic behind having the consultants who are working on the Aspen Mountain Lodge has to do with economies of scale. Summers said it is conceiv- able more money could be spent bringing other consultants on line and having them work with a team of consultants currently working on 40 per cent of the improvement district. These i consultants have offered to pay the costs on the front end until the distr-ict is formed, which is another inducement. Summers said the staff feels this approach will save money. i Summers said bringing another team of consultants in to re-do the work seems to be a duplication of effort. Council requested staff to find out how other owners feel about having these consultants work on the improvement district and bring this back in two weeks. Mayor Stirling withdrew his motion, and moved to table this until June ll; seconded by I Councilman Knecht. All in favor, motion carried. ASPEN CHANCE SUBDIVISION Alan Richman, planning office, told Council there have been some changes since conceptual I approval. All the lots will be conforming lots of 15,000 square feet each. The subdivi- sion will principley be fee-simple lots. There is concern about grading and landscaping. Richman said this site is loaded with mine tailings and is not a natural site. The : applicant is proposing substantial landscaping, which will improve the site but does make I landscaping an important issue. Richman would like a landscape guarantee, which is an . 0 'tte# B.M009 AMENDEC# FANALPLAT OF- ASPEN CHANCE SUBDIVISION il ASPEN CUMCI SUBDivISICâ€¢ 1 w=' LINE AND /01/3 (1 / 2 nli bi/4/4 Fl/t 1/ intinded to replace the Original Plat r*co/ded in LIM Ali CollÂ¥& ClART - LINE M DELTA RADIUS ARC CRORD CHOND 1.10* OR DELTA RADIUM I AEC UloRD I aloRD CORÂ¥I %. LEÂ»(TE EARING DISTANCE CURVE NO. LENCTR MARING DISTANCI 1 , 1. 93'48'14- 2.04' 3.34' S.06'34 3 71. 2.98' 2. 93'48'14- 13.04' 11.3 5' 3.06.36'36-11. 19.05' 16. 140*50'27- 5.00' 12.29' 1.11'33'33-Il. 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I id ' ... ~ LEi 5.-4~-_~ -0Â· ,Â·,r,â€ž,Â·~ f i .12: S~0 -2,2 E fl I .. :/ M 3 4 0 I /1 #VJ : 4- S. il - - - a.ra.. 2-0~ * CO~asÂ»- 6 .0 6 9 4 \4\\6 1\\\ . aol /2 & 2 1 . 1 414 '25 1 ts:;-il :?: .fl ./LA. .t- r..r . \ . 3 n \ \\\ \ \\ xii=.nip / LOT + -5 f j .......... _ 18 Che ' 43 4:2 ... ... rrie.1 .4 i - ... c.& ./r : /4 j 0 \\\ \ 0 1 , 1. 1 . /*I/0 Ir\- .4....0 , ' ' .' - *I . 1.-4 0 1 -i // 41 1 1 1- \ \\ 0. . f / -51<'l l I < / . c \Â» -r . 1/ % 1/ - {til /11 1-2 \ 0 -Â»-- _L' 9-0 ...4. *2 4 / - / - :433 &-:-al 1 \\ ~1 1 Zi 2 : 11 21/1 \4 /ts~52.:44# ~32:2... 2 \ \ 9 \'' 1\ 43724Â·>,\~~ :i ... 4.........m..1 6, 1 -- - - 9 a C 41* {flij:.lf \4 3 120 4 /4~x \\ " 11:11 1 9 4 ill h 7 . 11 t'41 , 011:11 11 Zor 2 Lor/ 4 ~}" g i i.'-lf 1 R 1 zop G . 0 ..... L \ \ \ \\\\ 164.6.' ..':=Â«4Jt ,~ 07,. + 11 11 i V - 0 ' r 6-r-- - -Iâ€¢-'.I-â€¢r fl r==L- 0 16..t . 3. A. t ,~ â€¢,4 8 ' \ 1 .-5 .O L.'.... \ \j , -I.... Lil1 , -3 41 / ...'*-, I , 2 44 \\ \\ i /\4 1 I ' ......... 4-9 M 41'.\ 1 '0 0.' a...... ... --- ----- 1-1 _72 --72 - r ' i ......... j C -------1-.-~ 1-J k " 4 4 LJ <7 ~ 07 60Â·Â· W u /4.. 73 / wh'.:.r..U i INETIFICATE 0, OWNERSHIP: ..2-,- 1. i Know ,11 â€¢en by thâ€¢â€¢e preemts thit Aâ€¢peâ€¢ Chiece, Inc., Ing the (hmÂ» i ' ./ I S ~*57 2 Z I of Lots 1,3,4,5, and 7, Red Oak of Colorado, tne., â€¢ Colorado fOORÂ¥'f el FlTIN 3 Corper,tim, owner of Lot 6, and John T. Nickel, ovrwr Of Lit 2 in thâ€¢I I *dE~4~ ~ CAP '.0 2 4.- lili W City of AspeL County ef Fitkin, State of Colorado, d-0 bereby 4, for,Goins initr,-St - â€¢ekneâ€¢lid:ed b,forâ€¢ â€¢â€¢ thiâ€¢2~day of i~ t.----â‚¬2.go_---~ 4 41 mekleowledge "d accept thtl *mended plat of Aipin Ch,na Iubdi.1.10~. , 16..i- . 14, b,Che.Aa=. 1 @-.kt 0- 03â€ž/â„¢Li- 0 - 9%Â·rE. aoÂ£.-.-0 ./ 1-.4 4 Aer,2, /w' 9 4.- / 1 E u 1 h Crnrt \44 ELA Chk cÂ¢ C.urÂ·U.0, T-" /.0/ CLA,M 0 474 ,Â®., .a.*--r Jualg A-0Â» ..)/ /*-I.~~al D-ace.p--5 -m#.age BY CWâ€¢-9 , EXECUTED thi, iledâ€¢y of D,e..6.. , 4.0.. 1985. av ,--,0.4.... Sp.V,y eo ) 2 Dit-1/ 4 hand and official -1. Anpen *13- 2 * Co-1â€ž.ton Expires: -3...a. tf 66 DUR,HOR '1 CNITIFICA,1 * ~ ~ By: 421.-, / Red Oak Af Caloradl Inc. A mo-Eglk I h,vi pri/red thi, A-nded Flat of AIWI Chace Subdivi,ton, tut th, W â€¢Â· br,14Â®94 raginerid W .rm, 40 herâ€¢by eirci27 thar -~~ STATE 01 COLORADO) mccuritel, 'ad correctly sh-n her/I, th~c the ,-e ari kid on fiald i:iil location of the eutilde be-dat/, rn//0 and uch~r f,aturâ€¢â€¢ â€¢re a . eOLORADO, ; John T. Nickel .. r ~ wn/,i,nd th,t the,lat:-d /te eonforms ze thow itakid on the r~99 Qi:5.IEV'A--223 Cr}UNT-, OF FITyâ„¢ ) toUNrY OF PITKIN ) CERTInCATE 01 A~RCIAL - Pure,sant to Sec. 24-8.26(.) * ground. Egta .-* *CErÂ·!ANCE ~01 RECORDING Bal eh~et,-Mb,r 01111!,I!,84/, The foregoing inatrument vas acknowledgid before - tht'_212.day of The for/goim, Initrument va, acknowled:ed before . thiâ€¢ 21Â£4., of Thi, up of the Amended Plat of A,pet Chance Subdiâ€¢iâ€¢lon -4 appre,ad by Witmeâ€ž thereof, I have set 4 hâ€¢nd and â€¢eal thiâ€¢ &,-24~1 REG/St ONâ€¢ezzÂ£L, 1985, b, H A M., i~1~~~~r , 1985 , b, ---Oh~n -1- 4 ick ~Ipen City Ingineir,ad Flannins office Dtrector tb*~4,7 of ).9.,.6-_ , 1983. --12*/*All./â‚¬YA |thi, plat of thi A-=did Plat of Ai,en Chince lubdivistoâ€¢ ti .ecipted for filisÂ« M the offic* of th, Clerk and 1*corder of pitkin County, Q Â£12_--Â·52 ~ 191.3373 of*4674,= 1.. 50~21 M ~ 2 OF 1 -1 Wita,Â·an =, hand and official ,eal. lifhl.â€¢ 4 wad Ind offi*lit .ee. ./ I.'U 7 .7, 9-*3 Ccki En,imr ________/ * Commi-ton Expires: Ul.,1 81 ..1-00,@Expire.:: , g~* , 1 '-e /0...... / 1 i * C. O . 'f)/CY,M.#bnl- 6,/**fli// tld,92~ J A-p - 13-/~â€žr -DMf ,>~ Clerk and Recorder .4, gciVqd-- ' Â¥ '' I -Reigr ~/,Al 'C ... cy Netty ~blic h Â»44'ry Public Â· , 'UN'NiNG 44 ... â‚¬,48 4/645*/7 if. 0 4 'h .. 420.- ,- RESUBDIVISION OF LOTS 4,5&6 INTO LOTS 5&6 OF THE AMENDED PLAT OF ASPEN CHANCE St-EDIT-ISION PITKIN COUNTY. COLORADO 1 8 WATER DETENTfON AREA 2/ 4 -2. f - 39 0 ' .ti P/ d. 0 2/ 2- . f *BE' F / 3% f OT 3 Ofifftr X \Â«\\ -0.,42/1435- 455.:.1 : 5 Y - .e-5/~ 362' -0-1Â·*/ Nk / - /4 - 121â‚¬ PRIVATE ACCESS f /5 LOT 7 1 DRUNAGE, UTILITY 1.--1-<, Q Â· ~~- ~ 'tx 119. 3 LOT 5 -1 1 212 - 64Â°3 29 EASEÂ· 1 - a.1 . 1 ' \TO 4 A ra *39. 1 1,~ S 2Â«:% 25 / Â·46 --, --4 :11.-r i 34 Â©> . Â» X. 1 el -7 / 9479'3., -__ 464 / ~ 2 '.11241.3- 25 9-â€¢ h..*. 222" SOCâ€¢ 8, I.a 28, , : ': 1>- . 14' EL-Ill-*- -1 E~!EA- 4 rd - SEA-E 1 ING* =39 \.. '' 0Â«47 SKa EASEMENT 1 \ 9 1 I LOT 6 '2<> 27,}86 0.62 AC * -3 1. 2/ 1/7 JECIFICATE CF DEDICATION AE .),aERSHZ? 1 2 E ~ ~.42 LOT 2 Know al i men uy tnese presents that Bertram R Firestone and Aspen-Chance / 0 Inc, ceing =he joint miers of Lot 4. Aspen Â·Chance: Subdivlstorlr and belng the SE-.ACK , .2 Suictivision recoried in ?ia- Book 16 at Page 38. as airet*ied by the Amer,ted Plat- - /.OSI Cwners =f Ze: 5 anl Lot 6, respectively. Aspen Chance Subdivision, Pltkin ~ ' County. Coicrile as the sale are st-,1 on tne Final Plat of Aspen :Ihance / G. - recated in Plat BooK 18 at A?ge 28 1. tr~ office of the Fitkin county Clerk 5 47Â°27'02 * 83 " - and Recorder have * these presents eliminated Lot 4 by replattirg and resadivitio said Lot 4 Ints Lets S and S as shown or. t?I Plat urner thE . and style of the Resubd'viston of L=ts 4. 5 and 6 into Lots 5 and 6 cf tne Amerded Flat of Aster. Charce Subdivisicn Executed this 15. t. lA 1Â£04.44 . 1/89 ASPEN-giANCE INC , a 'rexas ccry,crat lan ACCEMANCE CR. RECIRDIDKG. a *D.7Â¥1.~6 H. c. Mier*' president This R=ubdivisian of Zats 4. 5 and 6 into Lots 5 -1 6 of the Amerzled Plat of ri.â€ž1__ r.. 31--'Â¢--*. Aspen Cance Sukxi:visill is accepted for filing in the office of IM Fitkin County ClerÂ·k arMi.Becorder this__Q__siay of_~06&1~3~-. 1989, in Plar Bertram R. Fires-cne Book_-214 - 4-5 , Reception NoÂ· 4/700 / STAr' CE /0-Câ‚¬AX 25,2 A- 2-0 SS (14At Ar,1 *6 4 . COUNTY OF PITEN /~, 1989 27 H. C Mars as President cf Aspen-Chance k., a p foregoirg instr-=nt â€¢as acl=wledged before me this M-ZA_ day Ct- JERT:FICA:Â·E Â·23' APPROVALÂ· PTeÂ®as corporatian. This Resubdivision of Lots 4,5 and 6 int: Icts 5 ar-2 5 cf tr/ A//fided Plat of Witness my hand arn f - sea- MY Ccmniss icr. Aspen Chance Subdivlsion has oeen reviewed anÂ£i 1-3 herecy appicved c,~ the P.==ling Director of the City of Aspen. a Colaradc, M=ninfa. 00/poratior. pu.rsÂ·.art tc the authority set forth la Sectic:-1 7--9(7?A of ttÂ·Â£ Aspen Z,a:Â£ Use v Code this______/// 0. . 1/89. I .71.1 SPATE OF *.R INIA J T '1Â» 1 , 14.-2 1.L- â€ž ) SS+ COU'bri DF -9 - -+ Â· iâ€¢ ' A.4 rfkw~erurn,Si'\-n'.,38,-+ me foregc-lng insu-uNEnt was acknsÂ»decl,ed before - this-2.En=_day of_.____ 1989. cy Ber-ram R. Fires:cr/. SURVE?CR S CERrIFICATE Witness IY haz# af off trial seal. My Col=lission Expires. A--2.-â€¢,/ 9 92 , I. Frank W. Harringtan registered land surr, do hereby certify that I ha~ prepared this REsubdivislan of Lets 4. 5 and 6 into Lots 5 ard 6 of the Ameniled 1 0 - --- Plat of Aspen Chance Suk*division. that the locaticE of the lot lines of Lots 5 Notary Publ* and 6 are accurate:y and correctly sho,wn herean, that the same are based or. filled surveys ar/ that platted Ilts 5 and 6 ccnform te those staked./ the gralnd. IN WITNESS TERECE, I have set m hand and seal this 4'i day c 1989. Frank W. HarringÂ·tent:i ia L AN ~89Â¥3 Ul It f 01 Â· 1%1/15Â¥' 146 I Al I. 41415Â¥3 All Ill N42Â°55'00"W lip .efo ''fl. < ~44~S' 1 4