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HomeMy WebLinkAboutcoa.lu.ca.709 E Durant Ave.0001.2015.aslul 0 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0001.2015.ASLU PARCEL ID NUMBERS 273718128001 PROJECTS ADDRESS 709 E. DURANT AVE PLANNER JESSICA GARROW CASE DESCRIPTION PROPOSED CODE AMENDMENT REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 02/09/2015 CLOSED BY ROBERT GREGOR ON: 5/21/15 i • 27 37r,?cc , Permits File Edit Record Navigate form Reports Format Tab Help `• ; a Jump 1 DMain Custom Fields Routing Status Fee Summary .Actions Routing History o Permit type Aspen Land Use Perntit#'OD01.2015.ASLU Address j709 E DUR;; FkVE Apt/suite ocol • 2ors- Asp --LA o City ASPEN State CO Zip I&1611 x Permit Information Master permit Routing queue aslul5 Applied 1010612015 0 F Project Status pending Approve L 0 N Description iAPPLICATON FOR SKY HOTEL�PROPOSED CODE AMENDNIElTTEXT.%IAP Issue ANIENDMENT PARCEL ID 21371828001 CbsedJFinal Submitted ISUNV VANN 925 6968 and Running Days I °I Expires 01r01!2016 O mer Last name ASPEN CLUB LODGE First name 709 E DURANTAVE ASPEN CO 81611 phone !t) Address Applicant Owner is applicant? Contractor is applicant? last name ;ASPEN CLUB LODGE First name 09 E DURANTAVE ASPEN CO 81611 Phone fl I —� Cust # 258i 1 Rddra� I f Lender last name First name i fPhone I I Address AspenGold5 (server. angelas 1 of 1 �3,2 5-0 , 00 C: ORDINANCE No. 4 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, OF THE Cy �'(�] L`l I►`� fnJlib� �[�ZIT17 WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on January 12, 2015, the City Council approved Resolution No.4. Series of 2015, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, implementing policies to bolster the City of Aspen's short-term bed base has been a City Council priority, including a Top Ten Coal for the past two (2) years; and, WHEREAS, the City Council finds that this Resolution implements the City's goals related updating and bolstering the short-term bed base, as articulated in the 2012 Aspen Area Community Plan; and WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety; and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575.020.0 —Measuring Net Lot Area, which section clarifies what Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Pagel of 5 0 9 portions of a lot are included in floor area calculations, shall read as follows: C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The method for calculating a parcel's Net I.ot Area is as follows: Table 26.575.020-1 Percent of parcel to Percent of parcel be included in Net to be included in Lot Area to Net Lot Area to determine allowable determine Floor Area allowable Density Areas of a parcel with 0% to 20% slope. Notes 100% 100% 2.3. Areas of a parcel with more than 20% and up to For properties in the 30%slope. Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 50%. Areas of a parcel with more than 30% slope. For properties in the Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 0%. Areas below the high water line of a river or o 0 /0 0 0 /o natural body of water. Note 1. Areas dedicated to the City or County for open 100% 100% space or a public trail. Areas within an existing, dedicated, reserved for dedication, proposed for dedication by the application, or vacated public vehicular right- 0% 0% of -way, public vehicular easement, or vehicular emergency access easement. Notes 4, 5, 6. Areas within an existing, dedicated, reserved for dedication, or proposed for dedication by the application private vehicular right-of-way or a 0% o 0% vehicular easement. Notes 4, 5, 6. Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Page 2 of 5 Areas within a vacated private vehicular right- of-way or vehicular easement, when any affected parcel has no other established physical 0% 0% and legal means of accessing a public way. Notes 4, 5, 6. Areas within a vacated private vehicular right- of-way or vehicular easement, when all affected parcels have established alternate physical and 100% 100% legal means of accessing a public way. Notes 4, 5, 6. Areas of a property subject to above ground or below ground surface easements such as o 100 /o a l00 /o utilities or an irrigation ditch that do not coincide with vehicular easements. Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Page 3 of 5 Notes for Table 26.575.020 - 1: 1. Lot Area shall not be reduced due to the presence of man-made water courses or features such as ditches or ponds. 2. In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre -development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre -development topography. 3. The total reduction in Floor Area attributable to a property's slopes shall not exceed 25%. 4. Areas of a property within a shared driveway easement, when both properties sharing the casement abut a public right-of-way, shall not be deducted from Lot Area. This enables adjacent property owners to combine two driveways into one without reducing development rights. 5. When a property of 9,000 square feet or less contains a private vehicular access easement dedicated to no more than one back parcel, when such back parcel has no other means of access, the area of the access easement shall not be deducted from Lot Area for either Floor Area or density purposes. Otherwise, areas of a vehicular access easement serving another parcel shall be deducted from Lot Area as provided in the table above. 6. Within the Lodge zone district, the areas located within a vacated vehicular right-of- way, a vacated public vehicular easement, or vacated vehicular emergency access easement, if the area was vacated prior to the adoption of Ordinance No. 11, Series of 1975, shall not be deducted from Lot Area for either Floor Area or density purposes. Otherwise, areas within a vacated vehicular right-of-way, a vacated public vehicular easement, or vacated vehicular emergency access easement shall be deducted from Lot Area as provided in the table above. Section 2: Effect Upon Existing Litigation. 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 3: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent.jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Effective Date. Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Page 4 of 5 0 • In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 5• A public hearing on this ordinance was held on the 0ei day of �ihnA(� at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Cha bers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was 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 12th day of January, 2015. "- A t: t Linda Manning, City I Clerk FINALLY, adopted, passed and approved this ttest: � c. Linda Manning, City C I erk Approved as to form: ity Attorney Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Page 5 of 5 vI 1, %PCII I IV, GV 10 10882375 Acct : 1013028 Phone: E-Mail: Client: Caller: Receipt (970)920-5064 ANGELA.SCOREY@a CITY Angela Scorey Ad Name: 10882375A Editions: 8AT1/8ATW/ Start: 01 /22/15 Color: Ad Ticket #5 Name: Aspen (LEGALS) City of Address: 130 S Galena St Copyline: atw Amend to City land use code Lines: 25 Depth: 2.1 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: 0.00 Total 12.65 Payment 0.00 City: Aspen CGraze�.�t✓/' ' State: CO Zip: 81611 Original Id: 10882362 Class: 0990 Stop: 01 /22/15 Issue 1 Rep: AT Legals PUBLIC NOTICE RE:AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday February 9. 2015: at a meeting to begin at 5:00 p.m. before the Aspen City Council. Council Charn hers. City Hall. 130 S. Galena St.. Aspen, to consider an amendment to the text of the Land Use Code to update the Cal- culations and Measurement section of Miscella- neous SUpplernental Regulations. The potential ainendrn ent would am e► d the code to allow cer- tain areas in vacated rights -of -way to be counted in allowable Floor Area. For further information. contact Jessica Garrow at the City of Aspen Com- in unity Development Department. 130 S. Galena St.. Aspen. CO. (970) 429-2780. )essica.garro�v CRPcityofaspen.com s/ Steven Skadron. Mayor Aspen City Council Published in the Aspen Times on January 22, 2015 (10882375) Ad shown is not actual print size 9 0 Ad Name: 10882375A Customer: Aspen (LEGALS) City of Your account number: 1013028 PROOF OF PUBLICATION TB: -Allis Tlmz:, STATE OF COLORADO, COUNTY OF PITKIN I, Samantha Johnston, do solemnly swear that I am General Manager of theASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period. of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under. Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue 'of said newspaper dated 1/22/2015 and that the last publication of said notice was in the issue of said newspaper dated 1/22/2015. In witness whereof, I have here unto set my hand this 01/23/2015. i:� - ) �- Samantha Jo nston, General Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 01/23/2015. ?fir,... ti84 Y.�•"Q — r PAMELAJ. I. = SCff , Pamela J. Schultz, Notary Public g Commission expires: November 1, 2015 1y Caoan>iei, GGpires 1,A1 Y PUBLIC NOTICE RE:AIWENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday February 9, 2015, at a meeting to begin at 5:00 p.m. before the Aspen City Council. Council Chambers, City Hall, 130 S. Galan& St., Aspen, to consider an amendment to the text of the Land Use Code to update the Cel- culations and Measurement section of Miscella- neous Supplemental Regulations. The potential amendment would amend the code to allow car - lain areas In vacated rights -of -way to be Counted in allowable Floor Area. For further Information, contact Jessica Ganow at the City of Aspen Com- munity Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2780, Je sstca.garrow® cityofaspen.com Aspen City Council Published In the Aspen Times on January 22. 2015 (10882375) • 0 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director Jennifer Phelan, Community Development Deputy Director RE: Vacated Right -of -Way Calculations, Code Amendment Ordinance 4, Series of 2015 MEETING DATE: February 9, 2015 SUMMARY: The attached Ordinance is for a code amendment to update how floor area calculations are done for certain vacated rights -of -way. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the second reading of proposed code amendments to amend how right-of-way vacated prior to 1975 are included in floor area calculations. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND: The City's Calculations and Measurements section of the Land Use Code outlines how spaces within a project are calculated in overall floor area, and is quite technical in nature. Allowed floor area is a function of how large a parcel is. Certain areas of a parcel are removed for floor area calculations, including areas within a current or former (a vacated) right-of-way (street/alley). As an example, if a zone district allows a 1:1 floor area ratio, a 6,000 sq ft lot would be allowed 6,000 sq ft of floor area.' If that same lot includes 1,000 sq ft of vacated right of way, the allowed floor area is 5,000 sq ft.z This method of deducting previously vacated rights -of -way was implemented in code changes that went into effect in 1975, but it exempted properties with rights -of -way that were vacated prior to 1975. In 1988 the City embarked on a significant re -codification of the Land Use Code, and this exemption was removed. According 1 6,000 sq ft gross lot area x 1 = 6,000 sq ft allowed floor area 2 6,000 sq ft of gross lot area — 1,000 sq ft of vacated right-of-way = 5,000 sq ft of net lot area 5,000 sq ft of net lot area x 1 = 5,000 sq ft of allowed floor area Right -of -Way Code Amendment — 151 Reading Page 1 of 5 0 • to Alan Richman, the Planning Director at the time, the removal of the exemption was not discussed and the impacts it had to already development properties, such as the Sky Hotel, was not analyzed. A copy of his letter is attached as Exhibit C. OVERVIEW' The Sky Hotel Applicant has proposed a code amendment to the calculation of net lot area in Section 26.575.020. They propose to include vacated rights -of way in the calculation of net lot area if they occurred prior to 1975, and are located in the Lodge zone district. The result of the proposed amendment would be to restore floor area development rights to properties with a pre-1975 right-of-way vacation if they are located in the Lodge zone district. Using the example above, a 6,000 sq ft property with a 1,000 sq ft pre-1975 right-of-way vacation, would have an allowed floor area of 6,000 sq ft.3 Over the past three years, the City has focused on ways to ensure that a robust bed base exists for our community, as it is critical to the overall success and vitality of Aspen's economy. During this time, the City has embarked on studies to examine Aspen's diminishing bed base, such as the study resulting in the Triumph Report, as well as exploring policy changes to encourage the updating and refurbishment of the short-term bed base. The Applicant's proposed code amendment would contribute to this effort by enabling properties in the lodge zone district to include pre-1975 vacated rights -of -way in their net lot area. Using a Right -of -Way Vacations Map from the Engineering Department, staff has determined there are nine (9) individual vacation actions that are affected by this code amendment. These vacations impact six (6) properties, including the Sky Hotel, Aspen Alps, St. Regis, Lift One Condos, Lift One Lodge, and One Aspen. Below is a listing of each right-of-way vacation, when the vacation was granted, what property it is located on, and how the proposed code amendment would impact the property's allowed floor area. A map of the vacation areas is also below. Resolution, approved on August 18, 1960 vacated the alley across Block 3 of the Connors Addition. This alley ran east -west and was located between Monarch & Mill streets and between Lawn and Juaniata (Johnson) Streets. This area is now part of the St Regis property. The area is approximately 1,500 sq ft. Using the floor areas allowed in the Lodge zone district, inclusion of this area would result in 3,750 sq ft of additional floor area allowed for the property.4 Ordinance 12, Series 1961 vacated the alley in Block 102 and a portion of Ute Avenue. Block 102 is where The Little Nell is located. The Little Nell is not impacted by this code amendment, as it is not located in the Lodge Zone District. A small portion of this vacated alley is located on the Sky Hotel property. On the Sky Hotel property, the vacation is approximately 200 sq ft, equating to 500 sq ft of floor area.5 ' 6,000 sq ft gross lot area x 1 = 6,000 sq ft allowed floor area 4 The St Regis is a lodge, which pursuant to the Lodge zone district have an allowed FAR for 2.5:1. 5 The Sky Hotel is a lodge, which pursuant to the Lodge zone district have an allowed FAR for 2.5:1. Right -of -Way Code Amendment — I" Reading Page 2 of 5 • 3. Ordinance 2, Series 1962 vacated S Spring Street between Durant Ave and Ute Ave. This area is now part of the Sky Hotel property. At approximately 18,444 sq ft this is the largest right -of way vacation subject to this code amendment, and equates to 46,110 sq ft of floor area.b 4. Ordinance 3, Series 1962 vacated a portion of Ute Ave near Spring Street. This area is part of the Sky Hotel and Aspen Alps properties. On the Aspen Alps property, this vacation is approximately 450 sq ft, equating to 450 sq ft of floor area. The portion on the Sky Hotel property was previously vacated in Ordinance 2, Series 1962, and therefore has no additional floor area impact. 5. Resolution, recorded on August 21, 1963 at Book 203 Page 375 vacated the alley between Lots 1 and 14 and between the West 20 feet of Lots 2 and 13 of Block 9 of the Eames Addition. This is where the Holland House was located is approximately 200 sq ft and would equate to 500 sq ft of floor area under the proposed code amendment. This area is part of the approved but unbuilt Lift One Lodge project. 6. Ordinance 1, Series 1965 vacated a portion of Dean Street adjacent to what is now the Residences at Little Nell. This vacation does appear to result in any additional development potential, as the area is still owned by the City, and is not part of a developable parcel. Ordinance 24, Series 1967 vacated the alley in Block 6 of the Eames Addition between S Aspen St and Garmish St, as well as a small triangle of right-of-way at the intersection of Garmisch and Juan Streets. The small triangle is not located in the Lodge zone district, and is therefore not subject to this code amendment. The vacated alley is now part of the approved South Aspen Street Subdivision (aka "the S. Aspen St. Townhomes Project"), and is approximately 3,300 sq ft which would equate to 3,300 sq ft of floor area under the proposed code amendment. 8. Civil Action 3982, 1969 involved the vacation of a portion of Dean Avenue where the Lift One Condos, 131 E Durant, are located. The area is approximately 5,400 sq ft in size. Given the property's use as free-market residential units, the area equates to 5,400 sq ft of allowable floor area.8 9. Resolution 14, Series 1972 closed a portion of Ute Avenue to vehicular traffic and allow the Aspen Alps to landscape the area in accordance with a "mall area plan." This area is still owned by the City as right-of-way, and is therefore not part of a developable parcel. 6 The Sky Hotel is a lodge, which pursuant to the Lodge zone district have an allowed FAR for 2.5:1. 7 The Aspen Alps are considered free-market residential units that are periodically available for short-term rentals, which pursuant to the Lodge zone district have an allowed FAR for 1:1. 8 The Lift One Condos are considered free-market residential units that are periodically available for short-term rentals, which pursuant to the Lodge zone district have an allowed FAR for 1:1. Right -of -Way Code Amendment — 1" Reading Page 3 of 5 • 0 Staff supports the proposed amendment, as it bolsters the City's efforts to support improvements to the bed base. The proposed amendment would apply to properties with pre-1975 right-of-way vacations, essentially returning code language that was previously in the Land Use Code while limiting it to areas with which the City is concerned, namely the lodge -zoned properties. There are other options Council could consider, including: 1. Adopt an amendment that applies to all properties within the lodge zone district that have vacated rights -of way, regardless of when they occurred. 2. Adopt an amendment that applies to all properties with pre-1975 right-of-way vacations. Staff supports the amendment as proposed by the Applicant as staff has been able to determine what the potential development impacts might be with this approach. The staff would not recommend Council move forward with these alternative options as we are not clear on the number of properties that can be affected. Staff believes it is in the City's best interest to see how the more restrictive approach works. If the Council likes the result created by this amendment, further study can be undertaken to determine what additions areas should receive the vacated rights -of -way floor area benefits. Right -of -Way Code Amendment — I" Reading Page 4 of 5 • • PUBLIC OUTREACH: Staff sent notice of the proposed code amendment out through the Community Development newsletter, which reaches over 400 individuals, as received no comments on the proposal. The Planning and Zoning Commission is meeting on February P to discuss the code amendment, and staff will have a summary of their comments at second reading. Notice to the affected property owners was sent, and no comments have been received. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 4, Series of 2015, approving a code amendment to allow certain areas of vacated rights -of -way to be included in net lot area calculations." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Applicant code amendment request Exhibit C — Alan Richman letter regarding 1988 code changes. Right -of -Way Code Amendment — 1 s` Reading Page 5 of 5 • ORDINANCE No. 4 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on January 12, 2015, the City Council approved Resolution No.4, Series of 2015, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, implementing policies to bolster the City of Aspen's short-term bed base has been a City Council priority, including a Top Ten Goal for the past two (2) years; and, WHEREAS, the City Council finds that this Resolution implements the City's goals related updating and bolstering the short-term bed base, as articulated in the 2012 Aspen Area Community Plan; and WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575.020.0 —Measuring Net Lot Area, which section clarifies what Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Pagel of 5 portions of a lot are included in floor area calculations, shall read as follows: C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The method for calculating a parcel's Net Lot Area is as follows: Table 26.575.020-1 Percent of parcel to Percent of parcel be included in Net to be included in Lot Area to Net Lot Area to determine allowable determine Floor Area allowable Density Areas of a parcel with 0% to 20% slope. Notes 100% 100% 2, 3. Areas of a parcel with more than 20% and up to For properties in the 30% slope. Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 50%. Areas of a parcel with more than 30% slope. For properties in the Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 0%. Areas below the high water line of a river or 0% 0% natural body of water. Note 1. Areas dedicated to the City or County for open 100% 100% space or a public trail. Areas within an existing, dedicated, reserved for dedication, proposed for dedication by the application, or vacated public vehicular right- 0% 0% of -way, public vehicular easement, or vehicular emergency access easement. Notes 4, 5, 6. Areas within an existing, dedicated, reserved for dedication, or proposed for dedication by the 0% 0% application private vehicular right-of-way or vehicular easement. Notes 4, 5, 6. Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Page 2 of 5 CI • Areas within a vacated private vehicular right- of-way or vehicular easement, when any affected parcel has no other established physical 0% 0% and legal means of accessing a public way. Notes 4, 5, 6. Areas within a vacated private vehicular right- of-way or vehicular easement, when all affected parcels have established alternate physical and 100% 100% legal means of accessing a public way. Notes 4, 5, 6. Areas of a property subject to above ground or below ground surface easements such as 100% 100% utilities or an irrigation ditch that do not coincide with vehicular easements. Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Page 3 of 5 • Notes for Table 26.575.020 - 1: 1. Lot Area shall not be reduced due to the presence of man-made water courses or features such as ditches or ponds. 2. In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre -development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre -development topography. 3. The total reduction in Floor Area attributable to a property's slopes shall not exceed 25%. 4. Areas of a property within a shared driveway easement, when both properties sharing the easement abut a public right-of-way, shall not be deducted from Lot Area. This enables adjacent property owners to combine two driveways into one without reducing development rights. 5. When a property of 9,000 square feet or less contains a private vehicular access easement dedicated to no more than one back parcel, when such back parcel has no other means of access, the area of the access easement shall not be deducted from Lot Area for either Floor Area or density purposes. Otherwise, areas of a vehicular access easement serving another parcel shall be deducted from Lot Area as provided in the table above. 6. Within the Lodge zone district, the areas located within a vacated vehicular right-of- way, a vacated public vehicular easement, or vacated vehicular emergency access easement, if the area was vacated prior to the adoption of Ordinance No. 11, Series of 1975, shall not be deducted from Lot Area for either Floor Area or density purposes. Otherwise, areas within a vacated vehicular right-of-way, a vacated public vehicular easement, or vacated vehicular emergency access easement shall be deducted from Lot Area as provided in the table above. Section 2: Effect Upon Existing Litigation. 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 3: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Effective Date. Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Page 4 of 5 0 • In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 5• A public hearing on this ordinance was held on the th day of , at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was 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 12th day of January, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2015. Attest: Linda Manning, City Clerk Approved as to form: City Attorney Steven Skadron, Mayor Code Amendment — ROW Floor Area Ordinance 4, Series 2015 Page 5 of 5 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three — Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: Staff believes there is a community interest in updating the code to clarify the calculations and measurements section of the Land Use Code, and to correct an apparent oversight made in the 1988 code rewrite. The proposed amendment is limited in scope. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the calculations and measurements section of the Code is in concert with this policy by clarifying certain zoning regulations. In addition, the City has been focused on implementing policies that help promote continuance of the lodging bed base. This code amendment is focused in the Lodge zone district, where many of the City's short-term accommodations are located. The proposed amendment will help implement the city's policy goals related to bolstering the lodging bed base. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure a predictable and clear zoning review. Staff finds this criterion to be met. Right of Way Code Amendment Exhibit A Page 1 of 1 �. � L. ra RECORD OF PROCEEDINGS 100 Leaves rur r t. • .�rau • B. Whenever permission to develop is based, in whole or in part, upon a representation by an applicant that he will waive certain rights available to him under an existent district classification and that he will use the area in a manner more restrained than would other- %ise be required, no building permits shall be issued except in strict compliance with such waiver. C. Whenever an applicant for rezoning or develop- ment permission shall have waived such rights or consented to such restraints, and the waiver or constraints do not appear on a plat or binding site plan of record, then the Secretary of the Planning and Zoning Commission shall make notation of the same in the records of the Clerk and Recorder of Pitkin County. D. All such limitations shall be binding upon the applicant and his successors and assigns, all of whom shall be deemed conclusively to have assented to all of those conditions, waivers and limitations and to have waived objection to the same. 24-2.5 Zoning of Vacated Areas Whenever, subsequent to the effective date of this section, any street, alley or other public way within the City of Aspen shall be vacated by action of the City Council, and when the lands within the boundaries thereof attach to and become part of lands adjoining such street, alley or public way, such lands formerly within such vacated street, alley or public way shall, automatically, :and with- out further action by the City Council, acquire and be sub- ject to the same zoninc, regulations as are applicable to land to which they attach, provided, that in determining land available for development, there shall be excluded from the calculation of allowable density or required open space those areas of the development tract acquired by vacation. 24-2.6 Land Under Water Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allow- able density or required open space those areas of the development tract under water and up to the mean water line. 24.-2.7 General Exemption for Utilities A. Essential services shall be permitted as authorized by law, it being the intention of this section to exempt such essential services from the application of this zoning code. ror purposes of this section, essential services is defined to include the erection. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ,.*wL"IWtS r 1 C@�¢. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 1yondaa� �� 01 @ 45:6y DryN , 201'5' STATE OF COLORADO ) SS. County of Pitkin ) I, c.�Qp " 5ctr4'�M (name, please print) being or representing an Applican 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. 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 on 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 owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: ' Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) 0 • Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature 41 The foregoing "Affidavit of Notice" was acknowledged before me this 07 day of jzt yj , 201 S f by e► c�lc-1 PUBLIC NOTICE RE:AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday February 9, 2015, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an amendment to the text of the Land Use Code to update the Cal- culations and Measurement section of Miscella- neous Supplemental Regulations. The potential amendment would amend the code to allow cer- tain areas in vacated rights -of -way to be counted in allowable Floor Area. For further information, contact Jessica Garrow at the City of Aspen Com- munity Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2780, jessica.garrow ® cityofaspen.com ron avor M Aapen nY Council Published in the Aspen Times on January 22. 2016 (10882375) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: t (gyp Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 My Commission Expires February 15, 2016 • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED F.1"4 7i • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65. 5-I 03. 3 • s r�t�vCfl zlqpzi� From: David Wisch <david.wischkyahoo.com> Date: February 9, 2015 at 10:07:18 AM MST To:"steve.skadron@a,cityofaspen.com" <steve.skadronga cityofaspen.com> Subject: ROW Vacation Ordinance Reply -To: David Wisch <david.wischgyahoo.com> Mayor, The Staff memo lists three options on this - but what is not suggested is for the property rights within the vacation associated with floor area be purchased. The land in question relative to the Sky Hotel (+/-18,000 sq ft) equates to the right to build 45,000 sq ft of improvement. The City should seek professional opinion of the value of that right and be fully compensated. I believe this to be the City's responsibility to it's citizens. Changing the rules is serious - and the owner of this property knew or should have known the full affect of all City Code provisions with respect to the rights associated with the land. To now come hat -in -hand at the very last minute is not appropriate to say the least. MEMORANDUM TO: Mayor and City Council FROM: Jessica Gar -row, Long Range Planner THRU: Chris Bendon, Community Development Director Jennifer Phelan, Community Development Deputy Director RE: Vacated Right -of -Way Calculations, Code Amendment Ordinance 4, Series of 2015, First Reading MEETING DATE: January 12, 2015 (PH 2.9.2015) SUMMARY: The attached Ordinance is for a code amendment to update how floor area calculations are done for certain vacated rights -of -way. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance on First Reading. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the ls` reading of proposed code amendments to amend how right-of-way vacated prior to 1975 are included in floor area calculations. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND: The City's Calculations and Measurements section of the Land Use Code outlines how spaces within a project are calculated in overall floor area, and is quite technical in nature. Allowed floor area is a function of how large a parcel is. Certain areas of a parcel are removed for floor area calculations, including areas within a current or former (a vacated) right-of-way (street/alley). As an example, if a zone district allows a 1:1 floor area ratio, a 6,000 sq ft lot would be allowed 6,000 sq ft of floor area.' If that same lot includes 1,000 sq ft of vacated right of way, the allowed floor area is 5,000 sq ft.2 This method of deducting previously vacated rights -of -way was implemented in code changes that went into effect in 1975, but it exempted properties with rights -of -way that were vacated prior to 1975. In 1988 the City embarked on a 1 6,000 sq ft gross lot area x 1 = 6,000 sq ft allowed floor area 2 6,000 sq ft of gross lot area — 1,000 sq ft of vacated right-of-way = 5,000 sq ft of net lot area 5,000 sq ft of net lot area x 1 = 5,000 sq ft of allowed floor area Right -of -Way Code Amendment — 1" Reading Page 1 of 3 • 0 significant re -codification of the Land Use Code, and this exemption was removed. According to Alan Richman, the Planning Director at the time, the removal of the exemption was not discussed and the impacts it had to already development properties, such as the Sky Hotel, was not analyzed. A copy of his letter is attached as Exhibit C. OVERVIEW' The Sky Hotel Applicant has proposed a code amendment to the calculation of net lot area in Section 26.575.020. They propose to include vacated rights -of way in the calculation of net lot area if they occurred prior to 1975, and are located in the Lodge zone district.3 The result of the proposed amendment would be to restore floor area development rights to properties with a pre-1975 right-of-way vacation if they are located in the Lodge zone district. Using the example above, a 6,000 sq ft property with a 1,000 sq ft pre-1975 right-of-way vacation, would have an allowed floor area of 6,000 sq ft.4 Over the past three years, the City has focused on ways to ensure that a robust bed base exists for our community, as it is critical to the overall success and vitality of Aspen's economy. During this time, the City has embarked on studies to examine Aspen's diminishing bed base, such as the study resulting in the Triumph Report, as well as exploring policy changes to encourage the updating and refurbishment of the short-term bed base. The Applicant's proposed code amendment would contribute to this effort by enabling properties in the lodge zone district to include pre-1975 vacated rights -of -way in their net lot area. Staff supports the proposed amendment, as it bolsters the City's efforts to support improvements to the bed base. The proposed amendment would apply to properties with pre-1975 right-of-way vacations, essentially returning code language that was previously in the Land Use Code while limiting it to areas with which the City is concerned, namely the lodge -zoned properties. There are other options Council could consider, including: 1. Adopt an amendment that applies to all properties within the lodge zone district that have vacated rights -of way, regardless of when they occurred. 2. Adopt an amendment that applies to all properties with pre-1975 right-of-way vacations. Staff supports the amendment as proposed by the Applicant as staff has been able to determine what the potential development impacts might be with this approach. The staff would not recommend Council move forward with these alternative options as we are not clear on the number of properties that can be affected. Staff believes it is in the City's best interest to see how the more restrictive approach works. If the Council likes the result created by this amendment, further study can be undertaken to determine what additions areas should receive the vacated rights -of -way floor area benefits. 3 Five (5) properties fall under this proposed exemption, a majority of which already have approved Planned Developments. If they were to take advantage of this code amendment, an amendment to their previous approvals would be required. The properties include: Aspen Mountain Townhomes, Lift 1 Lodge, Little Nell, Sky Hotel, and Aspen Alps 100 building. 4 6,000 sq ft gross lot area x 1 = 6,000 sq ft allowed floor area Right -of --Way Code Amendment — I5c Reading Page 2 of 3 n LJ n U PUBLIC OUTREACH: Prior to second reading, public outreach will be conducted with the Planning & Zoning Commission, through the Community Development newsletter, as well as through direct outreach with the properties identified as being impacted by the proposed code amendment. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance, on first reading. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 4, Series of 2015, approving a code amendment to allow certain areas of vacated rights -of -way to be included in net lot area calculations." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Applicant code amendment request Exhibit C — Alan Richman letter regarding 1988 code changes. Right -of -Way Code Amendment — I" Reading Page 3 of 3 171 r� u ORDINANCE No. 4 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 — MISCELLANEOUS SUPPLEMENTAL REGULATIONS, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on January 12, 2015, the City Council approved Resolution No.4, Series of 2015, requesting code amendments to the Miscellaneous Supplemental Regulations Chapter of the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.575 — Miscellaneous Supplemental Regulations; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, implementing policies to bolster the City of Aspen's short-term bed base has been a City Council priority, including a Top Ten Goal for the past two (2) years; and, WHEREAS, the City Council fmds that this Resolution implements the City's goals related updating and bolstering the short-term bed base, as articulated in the 2012 Aspen Area Community Plan; and WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.575.020.0 —Measuring Net Lot Area, which section clarifies what Code Amendment — ROW Floor Area First Reading Ordinance 4, Series 2015 Page 1 of 4 0 portions of a lot are included in floor area calculations, shall read as follows: C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The method for calculating a parcel's Net Lot Area is as follows: Table 26.575.020-1 Percent of parcel to Percent of parcel be included in Net to be included in Lot Area to Net Lot Area to determine allowable determine Floor Area allowable Density Areas of a parcel with 0% to 20% slope. Notes 100% 100% 2, 3. Areas of a parcel with more than 20% and up to For properties in the 30% slope. Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 50%. Areas of a parcel with more than 30% slope. For properties in the Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 0%. Areas below the high water line of a river or 0% 0% natural body of water. Note 1. Areas dedicated to the City or County for open 100% 100% space or a public trail. Areas within an existing, dedicated, reserved for dedication, proposed for dedication by the application, or vacated public vehicular right- 0% 0% of -way, public vehicular easement, or vehicular emergency access easement. Notes 4, 5, 6. Areas within an existing, dedicated, reserved for dedication, or proposed for dedication by the 0% 0% application private vehicular right-of-way or vehicular easement. Notes 4, 5, 6. Code Amendment — ROW Floor Area First Reading Ordinance 4, Series 2015 Page 2 of 4 • Areas within a vacated private vehicular right- of-way or vehicular easement, when any affected parcel has no other established physical 0% 0% and legal means of accessing a public way. Notes 4, 5, 6. Areas within a vacated private vehicular right- of-way or vehicular easement, when all affected parcels have established alternate physical and 100% 100% legal means of accessing a public way. Notes 4, 5, 6. Areas of a property subject to above ground or below ground surface easements such as 100% 100% utilities or an irrigation ditch that do not coincide with vehicular easements. Notes for Table 26.575.020 -1: 1. Lot Area shall not be reduced due to the presence of man-made water courses or features such as ditches or ponds. 2. In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre -development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre -development topography. 3. The total reduction in Floor Area attributable to a property's slopes shall not exceed 25%. 4. Areas of a property within a shared driveway easement, when both properties sharing the easement abut a public right-of-way, shall not be deducted from Lot Area. This enables adjacent property owners to combine two driveways into one without reducing development rights. 5. When a property of 9,000 square feet or less contains a private vehicular access easement dedicated to no more than one back parcel, when such back parcel has no other means of access, the area of the access easement shall not be deducted from Lot Area for either Floor Area or density purposes. Otherwise, areas of a vehicular access easement serving another parcel shall be deducted from Lot Area as provided in the table above. 6. Within the Lodge zone district, areas vacated prior to the adoption of Ordinance No. 75, Series of 1975, located within a vacated vehicular right-of-way, public vehicular easement, or vehicular emergency access easement may include 100% of the vacated area in Net Lot Area for purposes of determining allowable Floor Area and Density. Code Amendment — ROW Floor Area First Reading Ordinance 4, Series 2015 Page 3 of 4 Section 2: Effect Upon Existing Litigation. 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 3: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 5: A public hearing on this ordinance was held on the th day of , at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was 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 day of 12014. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2015. Attest: Linda Manning, City Clerk Approved as to form: Jim True, City Attorney Steven Skadron, Mayor Code Amendment — ROW Floor Area First Reading Ordinance 4, Series 2015 Page 4 of 4 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three — Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: Staff believes there is a community interest in updating the code to clarify the calculations and measurements section of the Land Use Code, and to correct an apparent oversight made in the 1988 code rewrite. The proposed amendment is limited in scope. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the calculations and measurements section of the Code is in concert with this policy by clarifying certain zoning regulations. In addition, the City has been focused on implementing policies that help promote continuance of the lodging bed base. This code amendment is focused in the Lodge zone district, where many of the City's short-term accommodations are located. The proposed amendment will help implement the city's policy goals related to bolstering the lodging bed base. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure a predictable and clear zoning review. Staff finds this criterion to be met. Calculation and Measurements Policy Direction Exhibit A 2/ 10/2014 Page 1 of 1 RESOLUTION NO. 4, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO MISCELLANEOUS SUPPLEMENTAL REGULATIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received an application from Aspen Club Lodge Properties, LLC, represented by Vann Associates, requesting a code amendment to allow certain right-of-way vacations that occurred prior to 1975 to be included in floor area calculations; and - WHEREAS, the Community Development Director recommended changes to the miscellaneous supplemental regulations in the Land Use Code; and, WHEREAS, City Council has reviewed the proposed code amendment police direction. and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on January 12, 2015, the City Council approved Resolution No. 4, Series of 2015, by a four to zero (4 - 0) vote, authorizing the Applicant to request and the Community Development Director to process code amendments to the miscellaneous supplemental regulations in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, implementing policies to bolster the City of Aspen's short-term bed base has been a City Council priority, including a Top Ten Goal for the past two (2) years; and. WHEREAS, the City Council finds that this Resolution implements the City's goals related updating and bolstering the short-term bed base. as articulated in the 2012 Aspen Area Community Plan; and WHEREAS, the City Council finds that this Resolution furthers and is necessary for the prof -notion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction The objective of the proposed code amendments is to update the calculations and measurements section in the Land Use Code, specifically the method of floor area calculation for vacated rights -of -way. The following are the proposed changes: 1. include vacated rights -of way in the calculation of floor area if they occurred prior to 1975, and are located in the Lodge zone district. Resolution No. 4, Series 2015 Page I of 2 0 0 Section 2• City Council directs staff to conduct the following public outreach prior to Second Reading of any code amendments: a. Planning & Zoning Commission referral b. Informational outreach through the Community Development Newsletter c. Direct outreach to affected property owners Section 3• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 120' day of January 2015. Steven Skafon, : yor ATTEST: 1 Linda Manning, City Cler APPROVED AS TO FORM: 4129 mes R True, City Attorney Resolution No. 4, Series 2015 Pace 2 of 2 0 u MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director Jennifer Phelan, Community Development Deputy Director RE: Policy Resolution: Vacated Right -of -Way Calculations, Code Amendment Resolution 4, Series of 2015 MEETING DATE: January 12, 2015 SUMMARY: The attached Resolution outlines Council policy direction for amendments to the Calculations and Measurement regulations of the City. The objective of the code amendment is to update how calculations of net lot area are done for certain vacated rights of way. This code amendment is proposed by the Applicant for the Sky Hotel project. Applicant initiated code amendments require authorization from City Council to proceed. Approval of the Policy Resolution acts as authorization. If the Policy Resolution is approved, a first reading of the Ordinance is required, and is included in the January 12t' packet. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Calculations and Measurements regulations of the City. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND: The City's Calculations and Measurements section of the Land Use Code outlines how spaces within a project are calculated in overall floor area, and is quite technical in nature. Allowed floor area is a function of how large a parcel is. Certain areas of a parcel are removed for floor area calculations, including areas within a current or former (a vacated) right-of-way (street/alley). As an example, if a zone district allows a 1:1 floor area ratio, a 6,000 sq ft lot Right -of -Way Code Amendment — Policy Direction Page 1 of 3 would be allowed 6,000 sq ft of floor area.' If that same lot includes 1,000 sq ft of vacated right of way, the allowed floor area is 5,000 sq ft.2 This method of deducting previously vacated rights -of -way was implemented in code changes that went into effect in 1975, but it exempted properties with rights -of -way that were vacated prior to 1975. In 1988 the City embarked on a significant re -codification of the Land Use Code, and this exemption was removed. According to Alan Richman, the Planning Director at the time, the removal of the exemption was not discussed and the impacts it had to already developed properties, such as the Sky Hotel, was not analyzed. A copy of his letter is attached as Exhibit C. OVERVIEW' The Sky Hotel Applicant has proposed a code amendment to the calculation of net lot area in Section 26.575.020. They propose to include vacated rights -of way in the calculation of net lot area if they occurred prior to 1975, and are located in the Lodge zone district.3 The result of the proposed amendment would be to restore floor area development rights to properties with a pre-1975 right-of-way vacation if they are located in the Lodge zone district. Using the example above, a 6,000 sq ft property with a 1,000 sq ft pre-1975 right-of-way vacation, would have an allowed floor area of 6,000 sq ft.4 Over the past three years, the City has focused on ways to ensure that a robust bed base exists for our community, as it is critical to the overall success and vitality of Aspen's economy. During this time, the City has embarked on studies to examine Aspen's diminishing bed base, such as the study resulting in the Triumph Report, as well as exploring policy changes to encourage the updating and refurbishment of the short-term bed base. The Applicant's proposed code amendment would contribute to this effort by enabling properties in the lodge zone district to include pre-1975 vacated rights -of -way in their net lot area. Staff supports the proposed amendment, as it bolsters the City's efforts to support improvements to the bed base. The proposed amendment would apply to properties with pre-1975 right-of-way vacations, essentially returning code language that was previously in the Land Use Code while limiting it to areas with which the City is concerned, namely the lodge -zoned properties. There are other options Council could consider, including: 1. Adopt an amendment that applies to all properties within the lodge zone district that have vacated rights -of way, regardless of when they occurred. 2. Adopt an amendment that applies to all properties with pre-1975 right-of-way vacations. ' 6,000 sq ft gross lot area x 1 = 6,000 sq ft allowed floor area 2 6,000 sq ft of gross lot area — 1,000 sq ft of vacated right-of-way = 5,000 sq ft of net lot area 5,000 sq ft of net lot area x 1 = 5,000 sq ft of allowed floor area 3 Five (5) properties fall under this proposed exemption, a majority of which already have approved Planned Developments. If they were to take advantage of this code amendment, an amendment to their previous approvals would be required. The properties include: Aspen Mountain Townhomes, Lift 1 Lodge, Little Nell, Sky Hotel, and Aspen Alps 100 building. 4 6,000 sq ft gross lot area x 1 = 6,000 sq ft allowed floor area Right -of -Way Code Amendment — Policy Direction Page 2 of 3 Staff supports the amendment as proposed by the Applicant as staff has been able to determine what the potential development impacts might be with this approach. The staff would not recommend Council move forward with these alternative options as we are not clear on the number of properties that can be affected. Staff believes it is in the City's best interest to see how the more restrictive approach works. If the Council likes the result created by this amendment, further study can be undertaken to determine what additions areas should receive the vacated rights -of -way floor area benefits. PUBLIC OUTREACH: Because this code amendment is proposed by an outside party, no public outreach has been conducted. If City Council approves the Policy Resolution, staff suggests public outreach be conducted with the Planning & Zoning Commission, through the Community Development newsletter which reaches 586 professionals including contractors, architects, attorneys, and planners, as well as through direct outreach with the properties identified as being impacted by the proposed code amendment. STAFF RECOMMENDATION: Staff recommends adoption of the attached Policy Resolution, which includes direction to amend the code to allow pre-1975 right-of-way vacations in the Lodge zone district to be included in floor area calculations. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. 4, Series of 2015, approving a Policy Resolution regarding a code amendment to allow certain areas of vacated rights -of -way to be included in net lot area calculations." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Applicant code amendment request Exhibit C — Alan Richman letter regarding 1988 code changes. Right -of -Way Code Amendment — Policy Direction Page 3 of 3 RESOLUTION NO. 4, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO MISCELLANEOUS SUPPLEMENTAL REGULATIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received an application from Aspen Club Lodge Properties, LLC, represented by Vann Associates, requesting a code amendment to allow certain right-of-way vacations that occurred prior to 1975 to be included in floor area calculations; and WHEREAS, the Community Development Director recommended changes to the miscellaneous supplemental regulations in the Land Use Code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on 2015, the City Council approved Resolution No. 4, Series of 2015, by a to L - J vote, authorizing the Applicant to request and the Community Development Director to process code amendments to the miscellaneous supplemental regulations in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, implementing policies to bolster the City of Aspen's short-term bed base has been a City Council priority, including a Top Ten Goal for the past two (2) years; and, WHEREAS, the City Council finds that this Resolution implements the City's goals related updating and bolstering the short-term bed base, as articulated in the 2012 Aspen Area Community Plan; and WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Obiective and Direction The objective of the proposed code amendments is to update the calculations and measurements section in the Land Use Code, specifically the method of floor area calculation for vacated rights -of -way. The following are the proposed changes: 1. Include vacated rights -of way in the calculation of floor area if they occurred prior to 1975, and are located in the Lodge zone district. Resolution No. 4, Series 2015 Page 1 of 2 Section 2• City Council directs staff to conduct the following public outreach prior to Second Reading of any code amendments: a. Planning & Zoning Commission referral b. Informational outreach through the Community Development Newsletter c. Direct outreach to affected property owners Section 3• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this _day of 2015. Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk APPROVED AS TO FORM: James R True, City Attorney Resolution No. 4, Series 2015 Page 2 of 2 0 0 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review — Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the code to clarify the calculations and measurements section of the Land Use Code, and to correct an apparent oversight made in the 1988 code rewrite. The proposed amendment is limited in scope. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to "create certainty in zoning and the land use process." Updating the calculations and measurements section of the Code is in concert with this policy by clarifying certain zoning regulations. In addition, the City has been focused on implementing policies that help promote continuance of the lodging bed base. This code amendment is focused in the Lodge zone district, where many of the City's short-term accommodations are located. The proposed amendment will help implement the city's policy goals related to bolstering the lodging bed base. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure a predictable and clear zoning review. Staff finds this criterion to be met. Calculation and Measurements Policy Direction Exhibit A 2/ 10/2014 Page 1 of 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS E v t L u 6 SCHEDULED PUBLIC HEARING DATE: jyl 12. @ 5 20 _L5' STATE OF COLORADO ) ss. County of Pitkin ) Aspen, CO I,'�' e,7 Lc�----�-�% (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: 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. 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 on 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 owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. -4� sl�-� Signature The foregoing "Affidavit of Notice" was acknowled ed before me this day of WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 1P Notary Public KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 ATTACHMENTS AS APPLICABLE: My Commission E*m Feftn 15, 2016 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE R.S. §24-65.5-I03.3 0 0 C� THE CITY OF ASPEN PUBLIC NOTICE RE: AMENDMENT TO THE CRY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday January 12, 2015, at a meeting to begin A 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to determine if an amendment to the text of the Land Use Code should be pursued. The potential amendment would amend the code to allow certain areas in vacated rights -of -way to be counted in allowable Floor Area. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2780, jessica.garrow@cityofaspen.com s/ Step. n Skadron, Mayor Aspen City Council Publishes in the Aspen Times on December 26, 2014 City of Aspen Account ■ Clete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Irr IIIllrrrllrrrlllrllrrrlrrrlll Mr. David Jackson Northridge Capital, LLC 1101 30th Street, NW Suite 150 Washington, DC 20007 A. X B. Received by (Printed Name) ❑ Agent ❑ Addressee D. Is delivery address different from item 1? U Yes If YES, enter delivery address below: ❑ No Service Type e,MCertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Arti ra Number (rrfrom servlcelabel) 91 7199 9991 7034 881,E 5222 PS Form 3811, February 2004 Domestic Return Receipt 102595-02•M•1540 UNITED STATES POSTAL SERVICE First -Class Ma' Postage & Fee id USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City Of Aspen Attn: Jessica Garrow 130 5 Galena Street Aspen, CO 81611 11 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RFMLA, LLC c/o Gateway Management Compony P.O Box 1358 Aspen, CO 81611 A. �at re X ❑ Agent ❑ Addressee ep{eived by ( nted Nine) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. S vice Type rtified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. A*Dumber 91, 71,99 9991, 7034 881,E 51,78 (T er from service label PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mai Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City Of Aspen Attn: Jessica &arrow 130 5 Galena Street Aspen, CO 81611 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I�1I II IIIIIII I1111IIIIIIIII IIIII Mr Joel Hocknell St Regis Aspen 315 E Dean St Aspen, CO 81611 A. Signature LJ Agent ❑ Addressee B. eceived by (P,ngted Name) Date of Delivery � D. Is delivery address different from iferA 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. A erfromr 91 7199 9991 7034 8816 5154 (T er from service label, PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITEbl*M8P.W'. rJ k N C.(_) FIS J le • Sender: Please print your name, address, and ZIP+4 in this box • IIiiIiii,IIiIIiii,iiiillIIliIIlI City Of Aspen Attn. Jessica Garrow 130 5 Galena Street Aspen, CO 81611 iifijlli'Ili"Ililli"ililll'IIIiIIIH1111'1I' ■ Cofiplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: liiiiiiiiiiiiiiiii,iiiiiiliililI Mr Joel Hocknell St Regis Aspen PO Box 1477 Basalt, CO 81621 A. X ' 1 ' ❑ Agent ❑ Addressee B. R eived byrPrinteflVame C_ Date of Delivery D. Is delivery address different from item 1? LJ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Number r from service labeO 91 7199 9991 7034 8 816 5161 1 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W1540 UNITED STATES POSTAL SERVICE First -Class Maim Postage & Fee id USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • IIiiIiiiiiiiIIiiiiiIIl„IIliIIlI City Of Aspen Attn: Jessica &arrow 130 5 Goleno Street Aspen, CO 81611 III !!ir!; if, i'ii)II11,il►�l-iil1,i!,iiliill i,llli,l,!!i-III fill i- • ■ Clete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Mr. Larry Mages Lift One Condominiums 131 E Durant Ave Aspen, CO 81611 A. X ❑ Agent ❑ Addressee B. Received by (F7rinted ame) C. D e Degvery D. Is delivery address different from ftem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. S rvice Type ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (lAw� from service label) 91 7199 9991 7034 8 816 5 215 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Ma' Postage 88 Fe �d USPS Permtt No. G-10 • Sender. Please print your name, address, and ZIP+4 in this box • City Of Aspen :2 —n M Attn: Jessica Garrow �. 'r 1111111111111c 130 5 Galena Street Aspen, CO 81611 ri 0 ■ CWlete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: iiiiiiiiiiiiiiiiiiiiiillilifillI John Corcoran Aspen Alps 700 Ute Ave Aspen, CO 81611 A. X ❑ Agent ❑ Addressee B. Receiv b/y (Printed Name) C. Date of Delivery D. Is delivery address d'iiferent from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type <Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4, Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 91 7199 9991 7034 8 816 5192 (T"r from service label) PS FW 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Me Postage & Fe d Sps •NQ�`^�w. . • Sender: Please print your name, address, and ZIP+4 in this box • City Of Aspen -c 0 O Attn: Jessica Garrow !n cr 130 5 Galena Street �P' r (A ^' o Aspen, CO 81611 -C. i'R Z •'r HIIHi;,iiill HI, ill i,j;iiiillhi;lilllilHill l.lilliiiiiilly • ■ CMnlete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, I or on the front if space permits. Article Addressed to: David W Parker or Todd Emerson Bold Mountain Development LLC 132 West Main Street, Suite C Aspen, CO 81611 A. Signat X Agent ❑ Addressee B, Rejived IA ( Prin d Name) C. Date of Delivery D. Is delivey address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes z. A PNum r from service label) 91 7199 9991 7034 8816 5185 from PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class MaAft Postage & Fe id USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Illi„IIIIIIfill IIII1II11Ili I O c City Of Aspen M Attn: Jessica Garrow S> 130 5 Galena Street r— Cn o Aspen, CO 81611 W cs� 0 r� CHE CITY OF ASPEN 30 SOUTH GALENA STREET • PEN, COLORADO 81611-1975 , 6 �ITY OF ASPEN JTH GALENA STREET .OLORADo 81611-1975 �IN�III N Illlllllllllhhal I lil Mr. David Jackson Northridge Capital, LLC 1101 30th Street, NW Suite 150 Washington, DC 20007 MAIL CERTIFIED Mr. Larry Mages Lift One Condominiums 131 E Durant Ave Aspen, CO 81611 U.S. POSTAGE>> PITNEY BO" ti � 4';r . ZIP 81611 $ 005.12 ;, fkt• 02 Iry 0001377$93JAN 28 20 s U.S. POSTAGE>> PITNEY BOWES zoo ZIP 81611 $ 005.130 02 1VY 0001377893JAN 28 2015 ■ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so•that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr David Jackson Northridge Capital, LLC 1101 30th Street, NW Suite 150 Washington, DC 20007 A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 17 ❑Yes If YES, enter delivery address below: ❑ No i Service Type o-ERCertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 91 7199 9991 7 0 3 LI 8 816 5 2 2 2 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 r i SENDER: COMPLETE SECTIONCOMPLETE THIS SECTIONON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery Is desired. X ❑ Agent ■ Print your name and address on the reverse ❑Addressee so that we Can return the card to you. B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Mr. Larry Mages Lift One Condominiums 131 E Durant Ave Aspen, CO 81611 3. S rvice Type ice Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 91, 7199 9991 7034 8816 5 215 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CITY OF ASPEN )UTH GALENA STREET COLORADO 81611-1975 91 7199 9991 7 0 3 4- 8 816 5154 Mr. Joel Hocknell St. Regis Aspen 315 E Dean St Aspen, CO 81611 CERTIFIED mA IL CITY OF ASPEN GALENA STREET COLORADO 8161 ]-1975 91 7199 9991 7034 8 816 5161 COL Mr. Joel Hocknell St. Regis Aspen PO Box 1477 Basalt, CO 81621 U.S. POSTAGE>> PITNEY 130WES -jr'� ZIP 81611 005.130 0001377893JAN 28 2015 ��' • :"A U.S. POSTAGE>> PITNEY BOWES ZIP 8161 1 $ 005.13 ° or 02 1VY r 0001377893JAN 28 2015 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to A. Signature ❑ Agent X ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No iiiiiiiiiiiiiiiiiiiiiillillililI Mr. Joel Hocknell St. Regis Aspen 315 E Dean St 3. Service Type Aspen, CO 81611 Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 91 7199 9991 7034 8 816 5154 (Transfer from service label, PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i i t ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, i or on the front if space permits. 1. Article Addressed to: liiii n iiiiiiiiiiiiilirilliililI Mr. Joel Hocknell St. Regis Aspen PO Box 1477 Basalt, CO 81621 A. Signature ❑ Agent X ❑ Addressee B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) FYes 2. Article Number 91 7199 9991 7034 8 816 5161 (Transfer from service label) Domestic Return Receipt 102595-02-M-1540 PS Form 3811, February 2004 � t ITY OF ASPEN H GALENA STREET LORAnO 81611-1975 -ITY OF ASPEN JTH GALENA STREET ,OLORADO 81611-1975 III�NNIIIII�NI IIIIIIIIIIIIIiII!IIIIiI II I I I I I I I I I I I I I I I I I I I I I i I l fl l l I David W Parker or Todd Emerson Bald Mountain Development LLC 132 West Main Street, Suite C Aspen, CO 81611 CERTIFIED MAIL 111111111111111II John Corcoran Aspen Alps 700 Ute Ave Aspen, CO 81611 -* U.S. POSTAGE>> PITNEY BOWES FT i T: l - ( �_ w ��� ZIP 8161 1 02 in$ 005.130 • 0001377893JAN 28 2015 ' Y L4�- U.S. POSTAGE>> PITNEY BOWES �_ tom:.}; ZIP 8161 1 $ 005.130 a� ; 02 1VV ' .• 0001377893JAN 28 2015 LHOItl 3Hl OL 3dOl3AN3 d0 dOl ltl tl3H0115 37 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: IIIIIIIIII IIIIII IIIIIIIIIII III II David W Parker or Todd Emerson Bald Mountain Development LLC 132 West Main Street, Suite C Aspen, CO 81611 A. Signature ❑ Agent X ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 91 7199 9991 7034 8 816 5185 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: IIIIII IIIIII III IIIIIIIIIII IIIIII John Corcoran Aspen Alps 700 Ute Ave Aspen, CO 81611 A. Signature ❑ Agent X ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type <Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 91 7199 9991 7034 8 816 5192 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S._POSTAGE>> PITNEY BOWES ZIP 8161 t $ 005.130 02 1" �� 0001377893JAN 28 2015 Y OF ASPEN ]ALENA STREET 91 7199 9991 7034 8 816 5178 iRADo 81611-1975 RFMLA, LLC c/o Gateway Management Company P.O. Box 1358 Aspen, CO 81611 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RFMLA, LLC c/o Gateway Management Company P.O. Box 1358 Aspen, CO 81611 A Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ice Type rtified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from serv/ce labeo 91 7199 9991 7034 8 816 5178 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Mr. Joel Hocknell St. Regis Aspen 315 E Dean St Aspen, CO 81611 January 28, 2015 Dear Mr. Hocknell, The City of Aspen is processing a code amendment related to rights -of -way (streets and alleys) in the Lodge (L) zone district that were vacated prior to 1975. Based on research by City of Aspen staff, there are nine such vacations, impacting six properties, including the St. Regis. A map of the right-of-way vacations staff believes are impacted by the proposed code amendment is attached. The code amendment language is also attached. The proposed code amendment would allow portions of a lot that are former rights -of -way vacated prior to 1975 to be included in the allowable floor area for the property. The effect of this is to potentially increase the allowable floor area for your property. Your property may be subject to other land use and legal requirements, and a land use or other review may be required to take advantage of this code amendment change. Based on staff s research, the St. Regis property includes the following right-of-way vacation: Resolution, approved on August 18, 1960 vacated the alley across Block 3 of the Connors Addition. This alley ran east -west and was located between Monarch & Mill streets and between Lawn and Juaniata (Johnson) Streets. This area is now part of the St Regis property. The area is approximately 1,500 sq ft. Using the floor areas allowed in the Lodge zone district, inclusion of this area could result in 3,750 sq ft of additional floor area allowed for the property. Please contact me at 970.429.2780 or Jessica. Garrow(a cityofaspen.com if you have any questions, or any comments regarding this proposed code amendment. City Council is scheduled to review the proposed code amendment at their next regular meeting, February 9, 2015. This meeting is in the basement of City Hall and begins at 5:OOpm. Public comment will be taken. Sincerely, Jessica Garrow, AICP Long Range Planner, City of Aspen 130 S Galena St Aspen, CO 81611 970.429.2780 Jessica. GarrowAcityofaspen.com The information contained in this letter is advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contained herein are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 0 • Mr. Joel Hocknell St. Regis Aspen PO Box 1477 Basalt, CO 81621 Dear Mr. Hocknell, January 28, 2015 The City of Aspen is processing a code amendment related to rights -of -way (streets and alleys) in the Lodge (L) zone district that were vacated prior to 1975. Based on research by City of Aspen staff, there are nine such vacations, impacting six properties, including the St. Regis. A map of the right-of-way vacations staff believes are impacted by the proposed code amendment is attached. The code amendment language is also attached. The proposed code amendment would allow portions of a lot that are former rights -of -way vacated prior to 1975 to be included in the allowable floor area for the property. The effect of this is to potentially increase the allowable floor area for your property. Your property may be subject to other land use and legal requirements, and a land use or other review may be required to take advantage of this code amendment change. Based on staff s research, the St. Rcgjs property includcs the following right-of-way vacation: Resolution, approved on August 18, 1960 vacated the alley across Block 3 of the Connors Addition. This alley ran east -west and was located between Monarch & Mill streets and between Lawn and Juaniata (Johnson) Streets. This area is now part of the St Regis property. The area is approximately 1,500 sq ft. Using the floor areas allowed in the Lodge zone district, inclusion of this area could result in 3,750 sq ft of additional floor area allowed for the property. Please contact me at 970.429.2780 or Jessica. Garrow(ikityo faspen.com if you have any questions, or any comments regarding this proposed code amendment. City Council is scheduled to review the proposed code amendment at their next regular meeting, February 9, 2015. This meeting is in the basement of City Hall and begins at 5:OOpm. Public comment will be taken. Sincerely, Jessica Garrow, AICP Long Range Planner, City of Aspen 130 S Galena St Aspen, CO 81611 970.429.2780 Jessica. Garrow(ikityofaspen.com The information contained in this letter is advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contained herein are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. • RFMLA, LLC c/o Gateway Management Company P.O. Box 1358 Aspen, CO 81611 Dear Mr. Daniel, January 28, 2015 The City of Aspen is processing a code amendment related to rights -of -way (streets and alleys) in the Lodge (L) zone district that were vacated prior to 1975. Based on research by City of Aspen staff, there are nine such vacations, impacting six properties, including the Lift One Lodge property. A map of the right-of-way vacations staff believes are impacted by the proposed code amendment is attached. The code amendment language is also attached. The proposed code amendment would allow portions of a lot that are former rights -of -way vacated prior to 1975 to be included in the allowable floor area for the property. The effect of this is to potentially increase the allowable floor area for your property. Your property may be subject to other land use and legal requirements, and a land use or other review may be required to take advantage of this code amendment change. Based on staff s research, your property includes the following right-of-way vacation: Resolution, recorded on August 21, 1963 at Book 203 Page 375 vacated the alley between Lots 1 and 14 and between the West 20 feet of Lots 2 and 13 of Block 9 of the Eames Addition. This is where the Holland House was located is approximately 400 sq ft and would equate to 1,000 sq ft of floor area under the proposed code amendment. This area is part of the approved but unbuilt Lift One Lodge project. Please contact me at 970.429.2780 or Jessica.Garrowgcityofaspen.com if you have any questions, or any comments regarding this proposed code amendment. City Council is scheduled to review the proposed code amendment at their next regular meeting, February 9, 2015. This meeting is in the basement of City Hall and begins at 5:OOpm. Public comment will be taken. Sincerely, Jessica Garrow, AICP Long Range Planner, City of Aspen 130 S Galena St Aspen, CO 81611 970.429.2780 Jessica. Garrow(a-,cityofaspen.com The information contained in this letter is advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contained herein are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 0 • David W Parker or Todd Emerson Bald Mountain Development LLC 132 West Main Street, Suite C Aspen, CO 81611 January 28, 2015 Dear Mr. Parker and Mr. Emerson, The City of Aspen is processing a code amendment related to rights -of -way (streets and alleys) in the Lodge (L) zone district that were vacated prior to 1975. Based on research by City of Aspen staff, there are nine such vacations, impacting six properties, including the South Aspen Street Subdivision. A map of the right-of-way vacations staff believes are impacted by the proposed code amendment is attached. The code amendment language is also attached. The proposed code amendment would allow portions of a lot that are former rights -of -way vacated prior to 1975 to be included in the allowable floor area for the property. The effect of this is to potentially increase the allowable floor area for your property. Your property may be subject to other land use and legal requirements, and a land use or other review may be required to take advantage of this code amendment change. Based on staff s research, your property includes the following right-of-way vacation: Ordinance 24, Series 1967 vacated the alley in Block 6 of the Eames Addition between S Aspen St and Garmish St, as well as a small triangle of right-of-way at the intersection of Garmisch and Juan Streets. The small triangle is not located in the Lodge zone district, and is therefore not subject to this code amendment. The vacated alley is now part of the approved South Aspen Street Subdivision, and is approximately 6,600 sq ft which would equate to 6,600 sq ft of floor area under the proposed code amendment. Please contact me at 970.429.2780 or Jessica. Garrow(a)cit�ofaspen.com if you have any questions, or any comments regarding this proposed code amendment, City Council is scheduled to review the proposed code amendment at their next regular meeting, February 9, 2015. This meeting is in the basement of City Hall and begins at 5:00pm. Public comment will be taken. Sincerely, Jessica Garrow, AICP Long Range Planner, City of Aspen 130 S Galena St Aspen, CO 81611 970.429.2780 Jessica. Garrowna,cityofaspen.com The information contained in this letter is advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contained herein are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. John Corcoran Aspen Alps 700 Ute Ave Aspen, CO 81611 January 28, 2015 Dear Mr. Corcoran, The City of Aspen is processing a code amendment related to rights -of -way (streets and alleys) in the Lodge (L) zone district that were vacated prior to 1975. Based on research by City of Aspen staff, there are nine such vacations, impacting six properties, including the Aspen Alps. A map of the right-of-way vacations staff believes are impacted by the proposed code amendment is attached. The code amendment language is also attached. The proposed code amendment would allow portions of a lot that are former rights -of -way vacated prior to 1975 to be included in the allowable floor area for the property. The effect of this is to potentially increase the allowable floor area for your property. Your property may be subject to other land use and legal requirements, and a land use or other review may be required to take advantage of this code amendment change. Based on staff s research, your property includes the following right-of-way vacations: Ordinance 3, Series 1962 vacated a portion of Ute Ave near Spring Street. This area is part of the Sky Hotel and Aspen Alps properties. On the Aspen Alps property, this vacation is approximately 450 sq ft, equating to 450 sq ft of floor area. Resolution 14, Series 1972 closed a portion of Ute Avenue to vehicular traffic and allow the Aspen Alps to landscape the area in accordance with a "mall area plan." This area is still owned by the City as right- of-way, and is therefore not part of a developable parcel. Please contact me at 970.429.2780 or Jessica. Garrowacityo faspen. com if you have any questions, or any comments regarding this proposed code amendment. City Council is scheduled to review the proposed code amendment at their next regular meeting, February 9, 2015. This meeting is in the basement of City Hall and begins at 5:00pm. Public comment will be taken. Sincerely, Jessica Garrow, AICP Long Range Planner, City of Aspen 130 S Galena St Aspen, CO 81611 970.429.2780 Jessica. Garrow()cityo faspen.com The information contained in this letter is advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contained herein are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 0 • Mr. Larry Mages Lift One Condominiums 131 E Durant Ave Aspen, CO 81611 Dear Mr. Mages, January 28, 2015 The City of Aspen is processing a code amendment related to rights -of -way (streets and alleys) in the Lodge (L) zone district that were vacated prior to 1975. Based on research by City of Aspen staff, there are nine such vacations, impacting six properties, including the Lift One Condominiums. A map of the right-of-way vacations staff believes are impacted by the proposed code amendment is attached. The code amendment language is also attached. The proposed code amendment would allow portions of a lot that are former rights -of -way vacated prior to 1975 to be included in the allowable floor area for the property. The effect of this is to potentially increase the allowable floor area for your property. Your property may be subject to other land use and legal requirements, and a land use or other review may be required to take advantage of this code amendment change. Based on staff's research, your property includes the following right-of-way vacation: Civil Action 3982, 1969 involved the vacation of a portion of Dean Avenue where the Lift One Condos, 131 E Durant, are located. The area is approximately 5,400 sq ft in size. Given the property's use as free- market residential units, the area equates to 5,400 sq ft of allowable floor area. Please contact me at 970.429.2780 or Jessica. GarrowAcityofaspen.com if you have any questions, or any comments regarding this proposed code amendment. City Council is scheduled to review the proposed code amendment at their next regular meeting, February 9, 2015. This meeting is in the basement of City Hall and begins at 5:OOpm. Public comment will be taken. Sincerely, J Jessica Garrow, AICP Long Range Planner, City of Aspen 130 S Galena St Aspen, CO 81611 970.429.2780 Jessica. Garrow(a,cityofaspen.com The information contained in this letter is advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contained herein are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. Mr. David Jackson Northridge Capital, LLC 1101 301h Street, NW Suite 150 Washington, DC 20007 January 28, 2015 Dear Mr. Jackson, The City of Aspen is processing a code amendment related to rights -of -way (streets and alleys) in the Lodge (L) zone district that were vacated prior to 1975. Based on research by City of Aspen staff, there are nine such vacations, impacting six properties, including the Sky Hotel. A map of the right-of-way vacations staff believes are impacted by the proposed code amendment is attached. The code amendment language is also attached. The proposed code amendment would allow portions of a lot that are former rights -of -way vacated prior to 1975 to be included in the allowable floor area for the property. The effect of this is to potentially increase the allowable floor area for your property. Your property may be subject to other land use and legal requirements, and a land use or other review may be required to take advantage of this code amendment change. Based on staff's research, your property includes the following right-of-way vacation: Ordinance 12, Series 1961 vacated the alley in Block 102 and a portion of Ute Avenue. Block 102 is where The Little Nell is located. A small portion of this vacated alley is located on the Sky Hotel property. On the Sky Hotel property, the vacation is approximately 200 sq ft, equating to 500 sq ft of floor area. Ordinance 2, Series 1962 vacated S Spring Street between Durant Ave and Ute Ave. This area is now part of the Sky Hotel property. At approximately 18,444 sq ft this is the largest right -of way vacation subject to this code amendment, and equates to 46,110 sq ft of floor area. Ordinance 3, Series 1962 vacated a portion of Ute Ave near Spring Street. This area is part of the Sky Hotel and Aspen Alps properties. The portion on the Sky Hotel property was previously vacated in Ordinance 2, Series 1962, and therefore has no additional floor area impact. Please contact me at 970.429.2780 or Jessica.Garrow@cityofaspen.com if you have any questions, or any comments regarding this proposed code amendment. City Council is scheduled to review the proposed code amendment at their next regular meeting, February 9, 2015. This meeting is in the basement of City Hall and begins at 5:00pm. Public comment will be taken. Sincerely, Jessica Garrow, AICP Long Range Planner, City of Aspen The information contained in this letter is advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contained herein are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 0 • Proposed Code Amendment: Proposed code amendment is below, emphasis added to highlight the proposed change (Note 6). Land Use Section 26.575.020 C. Measuring Net Lot Area. A property's development rights are derived from Net Lot Area. This is a number that accounts for the presence of steep slopes, easements, areas under water, and similar features of a property. The method for calculating a parcel's Net Lot Area is as follows: Table 26.575.020-1 Percent of parcel to Percent of parcel be included in Net to be included in Lot Area to Net Lot Area to determine allowable determine Floor Area allowable Density Areas of a parcel with 0% to 20% slope. Notes 100% 100% 2, 3. Areas of a parcel with more than 20% and up to For properties in the 30% slope. Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 50%. Areas of a parcel with more than 30% slope. For properties in the Notes 2, 3. R-15B Zone: 100% 100% For all other properties: 0%. Areas below the high water line of a river or 0% 0% natural body of water. Note 1. Areas dedicated to the City or County for open 100% 100% space or a public trail. Areas within an existing, dedicated, reserved for dedication, proposed for dedication by the application, or vacated public vehicular right- 0% 0% of -way, public vehicular easement, or vehicular emergency access easement. Notes 4, 5, 6. Areas within an existing, dedicated, reserved for dedication, or proposed for dedication by the 0% 0% application private vehicular right-of-way or vehicular easement. Notes 4, 5, 6. 0 • Areas within a vacated private vehicular right- of-way or vehicular easement, when any affected parcel has no other established physical 0% 0% and legal means of accessing a public way. Notes 4, 5, 6. Areas within a vacated private vehicular right- of-way or vehicular easement, when all affected parcels have established alternate physical and 100% 100% legal means of accessing a public way. Notes 4, 5, 6. Areas of a property subject to above ground or below ground surface easements such as 100% 100% utilities or an irrigation ditch that do not coincide with vehicular easements. Notes for Table 26.575.020 - 1: 1. Lot Area shall not be reduced due to the presence of man-made water courses or features such as ditches or ponds. 2. In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre -development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre -development topography. 3. The total reduction in Floor Area attributable to a property's slopes shall not exceed 25%. 4. Areas of a property within a shared driveway easement, when both properties sharing the easement abut a public right-of-way, shall not be deducted from Lot Area. This enables adjacent property owners to combine two driveways into one without reducing development rights. 5. When a property of 9,000 square feet or less contains a private vehicular access easement dedicated to no more than one back parcel, when such back parcel has no other means of access, the area of the access easement shall not be deducted from Lot Area for either Floor Area or density purposes. Otherwise, areas of a vehicular access easement serving another parcel shall be deducted from Lot Area as provided in the table above. 6. Within the Lodge zone district, areas vacated prior to the adoption of Ordinance No. 11, Series of 1975, located within a vacated vehicular right-of-way, public vehicular easement, or vehicular emergency access easement may include 100% of the vacated area in Net Lot Area for purposes of determining allowable Floor Area and Density. ' 7, Legend DISTRICT ' L roads Vacated Rights of Way , ,,t4 Pre-1975 Vacated Rights -of -Way in Lodge Zone •� 1r' �'�. -' = ,F � � _ 'Dr '�'�' � . i � 'fir` J Elk �, -� � -'� • �{•` ' • .tip �.. � � f iAk 41 t�. Below is a listing of each Night -of -way vacation, when the vacation was granted, what property it is located on, and how the proposed code amendment would impact the property's allowed floor area. A map of the vacation areas is also below. Resolution, approved on August 18, 1960 vacated the alley across Block 3 of the Connors Addition. This alley ran east -west and was located between Monarch & Mill streets and between Lawn and Juaniata (Johnson) Streets. This area is now part of the St Regis property. The area is approximately 1,500 sq ft. Using the floor areas allowed in the Lode zone district, inclusion of this area would result in 3,750 sq ft of additional floor area allowed for the property. 2. Ordinance 12, Series 1961 vacated the alley in Block 102 and a portion of Ute Avenue. Block 102 is where The Little Nell is located. The Little Nell is not impacted by this code amendment, as it is not located in the Lodge Zone District. A small portion of this vacated alley is located on the Sky Hotel property. On the Sky Hotel property, the vacation is approximately 200 sq ft, equating to 500 sq ft of floor area.2 3. Ordinance 2, Series 1962 vacated S Spring Street between Durant Ave and Ute Ave. This area is now part of the Sky Hotel property. At approximately 18,444 sq ft this is the largest right -of way vacation subject to this code amendment, and equates to 46,110 sq ft of floor area.3 4. Ordinance 3, Series 1962 vacated a portion of Ute Ave near Spring Street. This area is part of the Sky Hotel and Aspen Alps properties. On the Aspen Alps property, this vacation is approximately 450 sq ft, equating to 450 sq ft of floor area.4 The portion on the Sky Hotel property was previously vacated in Ordinance 2, Series 1962, and therefore has no additional floor area impact. 5. Resolution, recorded on August 21, 1963 at Book 203 Page 375 vacated the alley between Lots 1 and 14 and between the West 20 feet of Lots 2 and 13 of Block 9 of the Eames Addition. This is where the Holland House was located is approximately 400 sq ft and would equate to 1,000 sq ft of floor area under the proposed code amendment. This area is part of the approved but unbuilt Lift One Lodge. 6. Ordinance 1, Series 1965 vacated a portion of Dean Street adjacent to what is now the Residences at Little Nell. This vacation does appear to result in any additional development potential, as the area is still owned by the City, and is not part of a developable parcel. Ordinance 24, Series 1967 vacated the alley in Block 6 of the Eames Addition between S Aspen St and Garmish St, as well as a small triangle of right-of-way at the intersection of Garmisch and Juan Streets. The small triangle is not located in the Lodge zone district, and is therefore not subject to this code amendment. The vacated alley is now part of the approved South Aspen Street Subdivision (aka "the S. Aspen St. Townhomes Project"), and is approximately 6,600 sq ft which would equate to 6,600 sq ft of floor area under the proposed code amendment.5 8. Civil Action 3982, 1969 involved the vacation of a portion of Dean Avenue where the Lift One Condos, 131 E Durant, are located. The area is approximately 5,400 sq ft in size. Given the property's use as free-market residential units, the area equates to 5,400 sq ft of allowable floor area.6 9. Resolution 14, Series 1972 closed a portion of Ute Avenue to vehicular traffic and allow the Aspen Alps to landscape the area in accordance with a "mall area plan." This area is still owned by the City as right-of-way, and is therefore not part of a developable parcel. 1 The St Regis is a lodge, which pursuant to the Lodge zone district have an allowed FAR for 2.5:1. 2 The Sky Hotel is a lodge, which pursuant to the Lodge zone district have an allowed FAR for 2.5:1. 3 The Sky Hotel is a lodge, which pursuant to the Lodge zone district have an allowed FAR for 2.5:1. The Aspen Alps are considered free-market residential units that are periodically available for short-term rentals, which pursuant to the Lodge zone district have an allowed FAR for 1: 1. S The approved townhomes are free-market residential units, which pursuant to the Lodge zone district have an allowed FAR for 1:1 6 The Lift One Condos are considered free-market residential units that are periodically available for short-term rentals, which pursuant to the Lodge zone district have an allowed FAR for 1: 1. No Roonnection area to 3ustuy spat sal use claCsification. It -was, however, recommended to the Assessor ;that the in connection vie Buttermilk Ski Development be restudied and all tioas thereof used v with skiing and r� purposed be classified as special use land. re being no further sines, the Board adjourned to meet August 18, 19� minutes of the meetings of March 7, 1960: Marcy 18, 1960; April 4, 1960: April 7, 1960; April 2, 1960; Ma' 17, 1960; May 18, 1960; May 27. 1960; June 6, 1%0; June 20. 1960; July 5. 1960; and August 2, 1960 were read and approved. my ClerkR�• Lbatt♦sa August 18, 1960v The Board of County Commissioners of Pitkin County, Colorado, met at 10.00 AM. August 18, 1960, with he following members present:, CObmirmsn, Orest A. Gerbax; Commissioners. T. J. Sardy and Samuel W. Howell; Peggy E. Coble, County Clerk; Robert Delaney, County Attorney. Bills were audited approved and ordered paid from the Various Welfare Funds as follows: OLD AGE PENSION FUND: $5,641.50 PUBLIC WELFARE FUND: $1,844.63 HOSPITAL FUND: $1,124.08 Mr. William Stapleton appeared before the CommisAionera recommending • revision on the County's nsurance program. and after extensive discussion, it was determined that the recommended program should be pproved, with the exclusion of coverage on products, false arrests, and personal injury. Mrs. Pearl llaltsbarger appeared before ;the Commissioners to protest certain matters concerning roperty taxes and it was recommended that she contact the County Assessor and discuss the matter with him, and f enable to arrive at any solution, then that she ;might present proper petition to the Commissioners. Mr. P. W. Anderson, a member of the City Council of Aspen, appeared an beh"f of the City to discuss he matter of dumping trash and refuse along the Roaring Fork River east of Aspen and after discussion, it vas greed that the County would cooperate in enforcing the law against such duapio< and would authorize the post- g of appropriate signs in affected areas. f Mr. Pred Glidden appeared before the Commissioners concerning the matter of constructing a now [he ary for the Aspen Community and advised that hc,lfr. William Field and others desire to create a donative in the Office of the Pitkin County Treasurer for the purpose of making plans, preparations ;and develop- 9a new library, and construction and equipment for the same, together with the appointment of representatives committee to proceed with such programs. The County Attorney was authorized to proceed with the aration of an appropriate resolution upon conferring with Mr. Glidden and others to accomplish the purposes red insofar as the County is concerned. Mrs. Pat Maddalone appeared before the commissioners to discuss the matter of clasping and stacking k being iemoved from the Pltkin County Hospitalstructure and suggested that the brick being removed from old hospital be carefully cleaned and stored for future pse or sale. Such recommendation was approved by Commissioners. The Commissioners unanimously voted to express their commendation and appreciation to Mr. G. E. Buchanan, Canty Surveyor and County Engineer, for his work performed in connection with the road and highway j rogram of the County. Mrs. Sou Brennan appeared before the Commissioners and upon request was authorized to publish notice f hearing on application for liquor license to be held on September 6, 1960. The petition of Mrs. Sue Brennan, Mr. Cammack, and other interested affected persons was considered or ;the vacation of a certain alley, and after discussion, upon motion of Commissioner Howell, seconded by aomissioner Sardy, the following resolution was adopted: BE IT RESOLVED that the east -vest alley across Block 3, Connors Addition to the City of Aspen, shall e and the same Is hereby vacated. i Such resolution was unanimously adopted. I� A letter of protest directed to police matters was referred to Sheriff Hexwick, on the basis that the :ontents thereof did ;not concern the Canty Commissioners. Mr. Lam Wurl. City Manager for Aspen, appeared before the Commissioner& to discuss the matter of the ;se of a common building inspector by the City and County, and suggested that the Building Inspector being used ` )y the City could also properly function for the County, and secure a great increase in efficiency, an n,bstantially contribute to uniformity in zoning and building bractices in the city as well as in the County. tr. Wurl suggested the office provided by the city for the Building Inspector should be split half end half retween the city and the county; that the charges for building permits and such services should be revised so :het the Position would be self-supporting. Upon motion of Coamiasioner Howell, seconded by Commissioner 'ardy, and unanimously adopted, the recommendations of Mr. hurl were approved, and the -program of ;having a omen Building Inspector on the basis of equal divisions of coat was likewise approved. The C6"OtAttoeney'vas directed to write a letter to the City of einburse the County for .County expenditures made in connection with survey woork and en gother rwworkat the City eking towusite entry and obtains performed is obtaining patent on the East Aspen towneite area. Mr. Frederick Benedict and Mr. William Clark appeared before the Co®isaiaaera requesting that that art of Magnifico road opposite lots 19 and 20, Block 2, Pitkin Green Sub -Division, me vacated. They were dvised that Commissioners could not in the future give consideration to accepting Mbe vacatLfico road he a treet unless the road were of adequate width and unless an adequate turnblic around were provided. It s was suggested hat as to such vacation, an appropriate petition signed by the property owners affected, be presented to the oard. Mr. Frederick Benedict, as President of Pitkin Land and Exploration Corporation presented plat of reenacres Subdivision, Block 1, which, after examination and consideration, was approved for filing of record, ithout, however, acceptance of street* fog minteance. The Commissioners silected a Jury list as required by law for the enduding term of the District Court.d Upon request of the Colorado Department of Highways, the Commissioners agreed to participate in sndeonation proceedings to be instituted against Laurent Desandre and Mrs. Rlizabeth Gesberg and Mr. L. 0. esberg on right-of-way to be acquired for reconstruction of the road at the Crystal River, provided that the )at of acquisition of such right-of-way would not be undertaken by the County. ibereupon the-fdllowiag'resolntiai.-v&s unani*ously,iadoptedt RESOLUTION WHEREAS, the Colorado Department of Highways has prepared plans and specifications for the region- i ;ruction of the Highway up the Crystal River from Pitkin County line to Redstone and has requested the assiataa e the County in legal proceedings for the acquisition of rigbt-of-way, and the Commissioners have determined t t ie road Improvement would be of great benefit to Pitkin County, NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County hereby approve lorado Department of Highway* Project No. S 0163 (3) which provide* for the Improvement of State Highway 133 Pitkin County, and authorizes the County Attorney to join said Board of County Commissioners as party titioner with the Colorado Department of Highways in the event it becomes ;necessary to acquire needed right- C 562 • [Yt [r sNtt�t• 4 m•r . 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W m[ m r•w • u ltu[lm, d «w Mtltlm r cam im mn..lw `•rlwrw. 1n.e w �.�\..1. br \.m •Nm rrr•\>i •mlu• Lm •\wlerr cemW`d «cwelwl>L[\• «corm ru awiN, t 1\• M[i[tm of WNm`Ylfeee W rtq J, IfW [a rwW[lm •ur r•Iwtlm w tbie ry �y . .rrme Wt � •• b I I>, Lt wiW c . ear mt w w wla K e mu4Jl•,� W t otwu.umtm\W om. reigp, cb wuum mt emir. m M.m � m ��•• . m .[t.�aw.�m W r.rwr.i. rttm. .pie i weNi ••PetrLm a t. I— Wrtumtoe ..wWnrr nNlm w hi.rh•r Wt .[ a r•e r•• ,tw e Yrrnm.. • . r., rn to RICSElI('1 �1jK� i1LGY F�,,stn`A �ii1i� � IN THE DISTRICT COURT IN AND FOR THE - x n� Drwm'(.T COUNTY OF PITKIN AND STATE OF COLORADO Civil Action No. 8%9V1 KOCH LUMBER COMPANY, An Expired Colorado Corporation; DOROTHY KOCH SHAW, the Last Surviving Director of the Koch Lumber Company, and as such, Trustee for its Creditors and Stockholders; and DOROTHY KOCH SHAW, as Sole Owner . C p M. P L A I td T of the Koch Lumber Company, Plaintiff -vs- THE CITY OF ASF<rN COLORADO Succee4or to the Town of Aspen, Colorado, a iunicipal u:,rporation, Defendant. Come now the plaintiffs, by Wm. R. Shaw, their attorney, and complaining of the defendant, alleges: First Cause of Action That the Koch Lumber Company was a Colorado Corporation, whose corporate existence expired, and that Dorothy Koch Shaw is its sole and surviving director, and as such, Trustee for its creditors and stock- holders, and that the said Dorothy Koch Shaw is the sole owner of all. the stack and property, both real and personal, of said expired corpora- tion. Second Cause of Action That the City of Aspen is a duly organized and existing municipal corporation in tour State can Colorado. -1- -- _ A Third cause of Action That the plaintiffs are the owners of and in possession in fee simple of the following described property, situate in the City of Aspen, pitkin County, Colorado. A parcel of land being part of lots 7 and 8, block 4 and part of Dean Avenue, all in Eame's Addition to Aspen, Colorado. Said parcel is more fully described as fellows: Beginning at the southeasterly corner of sa;d Block 4 thence 11 75" 09' 11" W 90.00 ft' to the southeasterly of said lot 8; thence N 14' 50' 49" E 5.15 ft. along the easterly line of lot 8; thence 61.77 ft. along a curve to the right having a radius of 548.69 ft. (the cboroint3ooftwhich curve bears N 61" 32' 02" r w 61.74 ft.) p 1g,70 westerly line of said lot 7; thence S lv 50' 49" 11 ft, to the southwesterly corner of line oof7saidthence block 4; thencel W 88.21 ft. alongtherVoutherlye to the left having a radius of 598.69 107.42 ft. along a ft. (the chord of which curve bears 559 39' ue; thence 5 ce 5750 09' to a point on the southerly line of Dean Aveci; 11" E 58.7l ft. along the southerly ine of D beginningean enue; thence N 140 50' 49" E 50.00 ft. to the point That the defendant claims some right, title and interest in and to the above -described real property, or some part thereof, adverse to the plaintiffs, but any such claim, right, title and interest of said defendant is inferior and subject to plaintiffs' title and is not valid and without right, and of no force or effect, as against the plaintiffs. WHEREFORE, plaintiffs pray: (u) That judgment be entered herein, decreeing plaintiffs to be the owners in fee simple and in possession of the real estate herein - above described; entered herein decreeing that the defend- (b) That judgment be om asserting an, ght, title, interest, ant be forever enjoined fx claim or demand in and to said real estate or any part thereof; (c) Th-it judgment he also entered herein decreeing that the said defendant have no right, title, interest, claim or demand what- soever to the *aid real estate, or nny part thereof; (d) For costs as against the contesting defendant, if any, and for a„ri `.t:er and further relief as to the Court may seem proper. Wm. R. Shaw Attorney for Plaintiffs P. 0. Box 510 Aspen, Colorado Address off Plaintiffs: Koch Lumber Company: Aspen, Colorado Dorot:hy Koch Shaw: 206 Lake Avenue :.spen, Colorado -3- IN THE DISTRICT COURT IN AND FOR THE COUNTY OF PITKIN AND STATE OF COLORADO Civil Action No. 3982 KOCH LUMBER COMPANY, An Expired Colorado Corporation; DOROTHY KOCH SHAW, the Last Surviving Director of the Koch Lumber Company, and as such, Trustee for its Crcditors and Stockholders; and DOROTHY KOCH SHAW, Plaintiffs, DECREE -vs- THE CITY OF ASPEN, COLORADO Successor to the Town of Aspen, Colorado, a Municipal Corporation, Defendant. R THIS //CAUSE, coming on for trial to this Court this �✓ day of 4 1969, upon the plaintiffs' Complaint, and the plain- tiffs appearing by Wm. R. Shaw, their attorney, and the defendant not appearing either in person or by attorney, although having been pro- perly served with process, and the Court having considered the alle- gations in the complaint filed herein, the evidence adduced and the arguments of counsel, and bein,} duly advised in the premises, DOTH FIND: That as to such defc1ldant as is in the Military Service of the United States as defined in the soldiers' and Sailors' Civil Relief Act as amended appeared by Charles M. Stoddard, attorney, ap- pointed by the Court; and that the time for appearance or answer having expired its against the defendant, se�eoR+ -1- THE COURT DOTH FURTHER FIND that default nas heretofore been entered against said defendant, and all unknown persons who claim any interest in and to the subject matter of this action; that this is an action known as an action in rem; that this is an action to quiet title to the following described pLupeLty located in the County of Pitkin, State of col.orado: A parccl of land boinG part of T.nrc 7 .,nrl R, Block 4 and part of Dean Avenue, all in Eame's Adaition to Aspen, Colorado. Said parcel is more fully des=ribed as follows: Beginning at the southeasterly corner theasouth- Block 4, thence N. 75" 09' 11" W. 90.00 ft. to easterly corner of said Lot 8; thence i- 1^.' 50, a"" E. 5,15 ft., along the easterly line of Lot 8; thence 61.77 ft. along a curve to the right having a radius of 546.69 ft. (the chord of which curve bears N. 61° 32' 02" W. 61.74 ft.) to a point on the westerly 1*he southwesterly cornerof said Lot 7; eof• 14° 50' 49" W. 19.70 ft. toy, Lot 7; thence N. 75" 09, 11" W. 88.21 ft. along ftthe along southerly line of said Block 4; thence, 187.42 a curve to the left having a radius of 598.69 ft. (the chord of which curve bears S. 59" 39' 55" E. 186.65 ft.) to a point on the southerly line of Dean Avenue; thence, S. 75" 09' 11" E. 58.91 ft. along the southerly line of Dean Avenue; thence N. 14° 50, 49" E. 50.00 ft. to the point of beginning. That summons in the within cause was duly and regularly served upon the defendant personally, in the manner provided and re- i quired by the Colorado Rules of Civil Procedure; Own :i yw_4j,4oa� and that this Court has ju risdiction of the parties, and of the subject matter of this action; that the plaintiff i the owner and 1 is in possession of the above deseL'1'ued pLvp�LiY% Ll,at each and every claim of interest of the defendant, iltri'd� is inferior, subordinate and subject to the right, title and interest of the plaintiff -2- I in and to the same; that this title of the plaintiff is in fee simple and paramount and superior to each and every claim, demand, right, title or interest of the defendant, e--Reti_crr, and l� each and every oarty in privity with1the1Fh and each cf them. WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the plain- tiff be and is herebv decreed to be the owner in fee simple, and in possession and entitled to the possession of the above -described property in Pitkin county, Colorado, free and clear of any and all claims, demands, rights, title or interests of-T-he defendant, / TS and/4Ue}r successor and assigns, and each of them; and that the defendant, its successors and assigns, r--esf t7Aio—aQ44eo., and each of them, and the heirs, devisees, assigns, per- sonal representat'_ves, successors ofJthem, and each of them, and all persons claiming by, through or under them, and each of them, are rained from claiming orertn g�lG ram ht hereby enjoined and rest , f title or interest adverse to the plaintiff here succeessos and - S' l �� ry assigns and that the said title of the plaintiff, successors and assigns, and their right to possession of said real property be, and the same is hereby quieted forever. at Done in p l.J - da of �r ! L 1.969. Colorado, this y BY THE COURT: 47UD' 19BWf1N `.lNIN0:H0u �� !fi0'iN FJ�hVtlO� l�WRi `JNNptlO .+. Filed for record August 21, 1963 at 10:30 o'clock AM Reception No. 116034 Peggy E. Coble, Recorder BOOK."©,. J RESOLUTION WHEREAS, Jacobus DePagter and Johanna DePagter have tendered Quit Claim Deed transferring the utility easement and alley way ease- ment over the easterly 10 feet of Lot 2, Block 9, Eames Addition to Aspen, in exchange for vacating the portion of alley through their property mentioned below and have represented to the County that they have full right and authority to make such conveyance, and WHEREAS, it appears that because of grade and other factors the exchange of alley way easement would be of benefit for utility and access purposes in the event of future need, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County that in consideration of the delivery and recording of such deed, the alleyway between Lots 1 and 14, and between the West 20 feet of Lots 2 and 13 of Block 9, Eames Addition to the City and Townsite of Aspen, Colorado, shall be and the same is hereby declared vacated and abandoned, and the dedication of easement across the Easterly 10 feet of Lot 2, Block 9 of Eames Addition to Aspen in In lieu thereof is hereby accepted, subject to the condition that if said easement over the Easterly 10 feet of Lot 2, Block 9, Eames Addition should hereafter be terminated as a result of fore- closure of prior liens, then the above vacation shall be void. STATE OF COLORADO) ss. COUNTY OF PITKIN ) I, Peggy E. Coble, County Clerk & Recorder la and fpr,shid Y State and County do hereby certify that the foregoing is a•tiue,, perfect and complete copy of Resolution as the same appears of r record in County Commissioners Proceedings Book 12 at Payer@ 26.* " WITNESS my hand and official seal this 21st day of 4v#gusrt 1963. Coq' erk & Rec6rdeF , 1 lee ORDINANCE NO. 2 (Series of 1962) AN ORDINANCE VACATING SOUTH SPRING STREET SOUTHERLY FROM THE INTERSECTION ;dITH THE SOUTH LINE OF DURA14T AVENUE TO THE POINT OF INTERSECTION WITH 7HE NORTH LINE OF UTE AVENUE, AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN: SECTION 1: That portion of South Spring Street lying southerly of the South line of Durant Street, thence southerly to the point of intersection with the northerly line of Ute Avenue, said portion of Spring Street being that portion lying between Blocks 102 and 107 and westerly of Lot 38 Ute Addition in the City of Aspen, County of Pitkin, State of Colorado, shall be and is hereby vacated. SECTION 2: An emergency is declared to exist and the immediate passage of this Ordinance is necessary for the public peace, health and safety of the inhabitants of the City of Aspen, Colorado, and this Ordinance shall be in full force and effect five (5) days after its final publication. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of Aspen, Colorado, at its regular meeting held at Aspen, Colorado, this 4th day of June, 1962. ATTEST: FINALLY passed, adopted and approved on this / day of -77 1962. L/ ;MAYOR ATTEST: CITY CLE ORDINANCE NO. SERIES OF G Y ty Clerk of the City of Aspen, Colora do hereby certify that the aforegoing Ordinance was introduced and read at a regular meeting of the City Council of said City of Aspen on the day of 196 4 wand by order of said City Council was published as a proposed ordinance as the law directs and for mote than ten days prior to its passage in the Aspen Times, legal newspaper; and that on the /� day of '� 196 said proposed Ordinance was read and passed by the City Council aforesaid, the said meeting of said City Council being a regular meeting, and ordered published in the aforesaid newspaper as the law directs. WITNESS my hand and the official seal of the City of Aspen, Colorado, this /1r day of s�tx 196, City c'ler ORDINANCE NO. 0 (Series of 1962) AN ORDINANCE VACATING A PORTION OF UTE AVENUE SOUTHERLY OF THE INTERSECTION OF SPRING STREET AND SOUTHERLY OF LOTS 34, 35.-36, 37 AND 38, UTE ADDITION IN THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN: SECTION 1: That that portion of Ute Avenue lying northerly of the following described line shall be and is hereby vacated: That part of Ute Avenue lying Northerly and Easterly of the following described line: Beginning at a point on the Southerly line of Lot S, Block 102, City and Townsite of Aspen, whence the Southeast corner of said Lot S bears S. 75009'11" E. 10.00 feet; thence S. 38042' E. to the most southerly corner of Tract 34, Ute Addition in the City and Townsite of Aspen. SECTION 2: An emergency is declared to exist and the immediate passage of this Ordinance is necessary for the public peace, health and safety of the inhabitants of the City of Aspen, Colorado, and this Ordinance shall be in full force and effect five (5) days after its final publication. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of Aspen, Colorado, at its regular meeting held at Aspen, Colorado, this Welt day of dame, 1962. (kl-0) ATTEST: MAYOR f. CITY CLERK FINALLY passed, adopted and approved on this day Of , 1962. A ST• MAYOR CLERK ORDINANCE NO. SERIES OF /l ut.c-�ctrCity Clerk of the City of Aspen, Color do, do hereby certify that the aforegoing Ordinance was introduced and read at a regular meeting of the City Council of said City of Aspen on the T day of C , 196 �� and by order of said City Counc' was published as a proposed ordinance as the law directs and for more than ten days prior to its passage in the Aspen Times, legal newspaper; and that on the / ,/ day of �'Z 4e , 196 Y , the said proposed Ordinance w" read and passed by the City Council aforesaid, the said meeting of said City Council being a regular meeting, and ordered published in the aforesaid newspaper as the law directs. WITNESS my hand and the official seal of -the City of'Aspen, Colorado, this /6' day ofCfr.� 196�� City C'le Amh FW for record at 11:05 o}clock A. M. November *1, 1967 1. option No. 129211 Peggy E. Coble, Recorde. e�� ORDINANCE NO. (Series of 1967) AN ORDINANCE VACATING AN ALLEY AND A PORTION OF AN INTER- SECTION IN EAMES ADDITION TO THE CITY OF ASPEN, COLORADO, AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED by the City Council of the City of Aspen, Colorado: Section 1: All right, title or interest of the City of Aspen, Colorado in and to that certain alley running east to *eat through the center of Block 6, Eames Addition to the City and Townsite of Aspen, Colorado is hereby vacated. Section 2: All right, title and interest of the City of Aspen, Colorado in and to a portion of the intersection of Garmisch and Juan Streets in Eames Addition to the City and Townsite of Aspen, Colorado more particularly described as follows: Beginning at North West corner of Lot 1 Block 11, Eames Addition, North 14°-50'-49" East 65.4 feet on the Eastern property line of Block 5, Eames Addition; thence South 400-21'-11" East 86.0 feet; thence South 14°-50'-49" West 15.0 feet to North-East Corner of Lot 2, Block 11, Eames Addition; Thence North 750-09'-11" West 71.0 feet on Northern property line of Block 11 to North-West corner of Lot 1 Block 11, and Place of beginning. is hereby vacated. Section 3: All rights -of -way or easements are hereby reserved by the City of Aspen, Colorado for the continued and future use of sewer, gas, water or similar pipelines and and appurtenances and for electric, telephone, and similar lines and appurtenances. Section 4: Because of the matters and things hereinabove set forth, the City Council of the City of Aspen, Colorado hereby determines and declares that an emergency exists, and that this ordinance is necessary for the immediate presentation of the public peace, health and safety. TNNTRODUC ✓ READ AND ORDERED PUBLISHED THIS _�-DAY OF , 1967. J •` City Clerk ,... • ..• ` J IINALLY ADOPTED AND ATTEST: City Clerk J'' 01 I . /� L 'Ao � M-1 APPROVED THIS DAY OF 1967. STATE OF COLORADO ) ss COUNTY OF PITRIN ) BOOK6U PAGAU I CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introducted, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on November 6 ,196L, and publish- ed in the tspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of November 9 ,196L, and was finally adopted and approved at a regular meeting of the City Council on November 20 ,196L, and ordered published as Ordinance No. 24 Series 196__L, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 27ct day of _ November , 196L- acne Graves, City Clerk I ORDINANCE #24, SERIES 1967 j O'4d .6Aof ro:iyZ, b �LIN h V � h G,I5&" 1-SCA1 -377. • N 2 filter for�,�' eCnr y 11, 1965 at AtO 41c1/-k Am Receptio vD. 1 0616 Peggy R• �c =, iteA er I ORDINANCE NO. (Series of 1965 ) AN ORDINANCE VACATING A CERTAIN PORTION OF DEAN STREET ABUTTING ON AND ADJACENT TO THE WEST LINE OF BLOCK 97 IN THE CITY OF ASPEN, COUNTY OF PITKIN, COLORADO, AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1: It is hereby declared that that portion of Dean Street in the City of Aspen, Pitkin County, Colorado described as: Beginning at a point S. 75090' E., 45.59 feet from the City Monument at the Northwest Corner of Lot K in Block 97 in the City of Aspen, Colorado; thence N. 27030' E. 15.50 feet; thence S. 62030' E., 22.35 feet; thence S. 27*30' W. 10.'48 feet; thence N. 75009' W., 22.91 feet to the point of beginning, is no longer necessary br public and city purposes, and the same is hereby vacated. SECTION 2: An emergency is declared to exist and the immediate passage of this Ordinance is necessary for the public peace, health and safety of the inhabitants of the City of Aspen, Colorado, and this Ordinance shall be in full force and effect five (5) days after its final publication_ INTRODUCED, SAD AND ORDERED published this /a5 day of March, 1965. . City Cle ' F ' I •) "r n!" !-, , FINALLY Adopted and approved this 1965. Mayor Mayor AT7�EST: City Clerk % -� day of Af r , �— • 0 STATE OF COLORADO, ) } ss. COUNTY OF PITKIN. } CERTIFICATE I, DOROTHY HOFFMANN, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on March 15, 1965, and published in the Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of March, 1965, and was finally adopted and approved at a regular meeting of the City Council on April 5, 1965, and.ordered published as Ordinance No.� / Series of 1965, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand the seal of said City at Aspen, Colorado, this 5th day of April, 1965. City lerk May 120 1965 To Mr. Kenneth N.C.B. Moore Box 690 Expenses incurred by the City of Aspen in connection with Ordinance No. 1, Series of 1965, - An Ordinance Vacating a Fortion of Dean Street Abutting on and Adjacent to the West Line of Block 97 in the City of Aspen. Attorney's fee $15.00 2 Publications in Aspen Times 23.85 $38.85 DURANT AVE. block 97 H N Q A P) C D E F G w J VACATED A B 1 Z � W Q cn 3, 102 y' Aep—Testa DEAN AVE. �_. 9 w 0 LL-- N 27•DO 6 10.00' 342 0 22.3s z Z caymo.ummt s7590E 4e.09 .,ez7.9oG F-48' KI K L M N 2 S el K L , 0 \ I IUCH ' 20 FRRr STREET VACATION DEAN STREET VACATED BV ORDINANCE No.l S—.s 1965 N F w U) W O z /!n^ V! � U O cn o c 0 a a U C) z J z o Q � V w w o o o O 0 0 0 0 4 0 o w o w w w z z z z z z z z y z z r z r } r IO�I N O W z W Qm W O !o m o � w w � Vm � - vO1i Z# # # mo zo E o g # # # w # a # r w E a t U a o F J cg w w w ~ z u w a a a u r r z z Z W N z f z F- Z Z Y ~ F- Z Z W Z W a w F O z J > z O O n O ID O Z O w K o > 00 8 0 _ o o W o u v o 0 0 0 cai 0 Q s 0 ¢ 0 0 N N N N h m h Ih m a m M O m m m m m m rn m m m m m m w m m lo h w m m m m ci Z o i i c L w � W O W W O O O W O W W w w N W N z r r z z z r z r r O O O W w Z r W W v{ y z r z r r z r r Z Z Z M h N lo W O Cq w - N M O U m N N w h N m N N M N fn M Z# # R # f f # w f # f # f # # # - f # # # IA O O z z z z Z O O U U V V U U LD U U U V V V U W W W W U O a a a a a ] 7 Q Z Z z Z z ~ Z z Z z Z Z z U U j H O O O Z 2 Z J J ON Z Z 2 J Z Z Z Z Z_ Z Z Z QZV Z Z r ~ J (n to W 2 O O p p O ON O 0 B OJ O Z _Z O Z O Z O o Z _ ¢ O O O O 2 O O W ¢ W Ir O O O W OC K O CY o O W ¢ O O p O p O O OU o o O o O (o W h M h Q 11 i - IA M N 1 ') It[ o Lo j m O O O ~tD a w m m m m m m m m m m U m o m m In m m m m mi m l0 w m h h m m M m m m U m m - N In Q it1 m m O = N rn ? l0 h m m N OM 1 \ \ - - fV N N N N • 1 ,,61P("-A •f � �. 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COOPER AVE, jf h PARK _ �3 T G"o'�, �-��✓ ouRANT AVE. 22 I 5 g T S 12 3 4 5 8 7 8 owl, W—am l 2 3 ail 11 ► -" "' 46 36 L4` _ 3 DEAN f - ' 4 { 2 3 - 5 6 T 8 9 11 1 23 1 2 3 9 2 /. ao WATERS pvc +" 7 , 12 314 15 if, 17 I •! 4 46 ZjWA 4 JUAN ST R A � zo 1 234567691011121i. to 3 at 41 n� hrt' /r `0� 13 I 4 4 17 i _ 2., .., 5 I• /`� ' �+ 14 ti1LBFRT b'T. JUNIATA 47 /trt 9 / 1�//f (. Is 177 J5 4 to t0 6 I! I9 SNARK 7 11 17 ttI11 L 57 18 �. I?_ S T 1.4 24 ., / 213 rl 25 SiMMIT ST,a/ a41 �� / 14 3 r t f' - � p' f ! a oo � . 2015 • f't5►LN VANN ASSOCIATES, LLC Planning Consultants January 2, 2015 Ms. Jessica Garrow Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Sky Hotel/Proposed Code Amendment Dear Jessica: RECEIVED JAN 2 2ci5 CITY OF ASPEry C".100TY 00WOR41- N- Please consider this letter a request for City Council authorization to submit an application to amend Section 26.575.020.C., Measuring Net Lot Area, of the Aspen Land Use Regulations. The request is submitted pursuant to Section 26.310.020.A.1 of the Regulations by Aspen Club Lodge Properties, LLC, the owner of the Sky Hotel property. Aspen Club Lodge Properties proposes to amend the Regulations so as to permit the inclusion of right-of-ways vacated prior to 1975 located within the City's L, Lodge zone district in the calculation of Net Lot Area. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, SV:cwv d: \oldc\bus\city.ltr\1tr60814. jg2 P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates@comcast.net • VANN ASSOCIATES, LLC Planning Consultants January 2, 2015 VIA E-MAIL Ms. Jessica Garrow Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Sky Hotel/Code Amendment Dear Jessica: RECEIVED JAN �20I—`7 CITY O 0W"TY OEWL0PMbN'i Please consider this letter an application for an amendment to the Calculations and Measurement section of the City's land use code (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.310.020 of the Aspen Land Use Regulations (the "Regulations") by Aspen Club Lodge Properties, LLC (hereinafter "Applicant"), the owner of the Sky Hotel property (see Exhibit 2, Title Insurant Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form and application fee agreement are attached as Exhibits 4 and 5. Proposed Code Amendment The Applicant proposes to amend Section 26.575.020.C., Measuring Net Lot Area, of the Regulations so as to permit the inclusion of right-of-ways vacated prior to 1975, and located within the L, Lodge, zone district, in the calculation of Net Lot Area. More specifically, the Applicant proposes to add a new note to Table 26.575.020-1, the proposed language of which is provided below. "Within the Lodge zone district, areas vacated prior to the adoption of Ordinance No. 75, Series of 1975, located within a vacated vehicular right-of-way, public vehicular easement, or vehicular emergency access easement may include 100% of the vacated area in Net Lot Area for purposes of determining allowable Floor Area and Density. " P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates@comcast.net Ms. Jessica Garrow January 2, 2015 Page 2 The new note would apply to the section of the existing table which specifically addresses areas located within vacated public vehicular right-of-ways, public vehicular easements and vehicular emergency access easements. To ensure clarity, I would suggest that the notes to the table be numbered and that references thereto be inserted in the appropriate sections of the table. The proposed code amendment would help to achieve the City Council's goal of reversing the decline in the Community's lodge bed base, and facilitate the upgrading and/or redevelopment of aging lodge properties. The amendment would essentially reinstate a provision of the Regulations that was adopted in 1975, and that is believed to have been inadvertently removed in a 1988 code rewrite. By targeting the Lodge zone district, the amendment specifically addresses an identified area of Council concern. We believe their exists a community interest in approving the proposed amendment, and that its approval will further the Council's stated goal. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ASSOCIATES, LLC SV:cwv d: \oldc\bus\city. appkapp60814.ca J v" JAN 5 2060 EXHIBIT PLANNER: PROJECT: REPRESENTATIVE: TYPE OF APPLICATION: CITY OF ASPEN ^NOW IMTY duo noupuT CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Jessica Garrow, 429-2780 Code Amendment, vacated rights of way Sunny Vann Text Amendment (of the land use code) DATE: December 29, 2014 DESCRIPTION: The Sky Hotel Applicant is interested in sponsoring a code amendment to amend the method of calculating net lot area such that rights -of -way in the Lodge zone district that were vacated prior to 1975 would be counted in net lot area. Relevant Land Use Code Section(s): 26.304 Common Development Review procedures (as applicable) 26.310 Amendments to the Land Use Code and Official Zone District Map Land Use App: http11www.aspenpitkin.com/Portals/0!docs,,City/Comdev/Apps%20and%20Fees/2013%201and%20use%20app%20f orm.Ddf Land Use Code: http:i/www.asaenpitkin.com/Departments'Community-DevelopmenVPlanning-and-Zonin iTiq tle-26-Land-Use-Code; Review by: • Staff for complete application • City Council Public Hearing: Yes (policy resolution and 2°a reading by City Council) Planning Fees: Planning Deposit — $3,250 for 10 hours (additional time is billed at $325 per hour) Referral Fees: City Attorney's Office — no deposit, but time is billed at $325 per hour Total Deposit: $3,250 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Total deposit for review of the application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ASLU Code Amendment —vacated rights of way 709 E Durant • • ❑ A written description of the proposed amendment, including suggested language. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 Copies of the complete application packet. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 • EXHIBIT D ALTA Commitment For Title Insurance WESTCOI:z LAND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3MFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Tom Twitchell - (tomt@sopris.net) TJ Davis - (tjd@sopris.net) Nola Warnecke (nola@sopris.net) Joy Higens - (joy@sopris.net) Issued By WESTCOR WiD TITLE INSUR"XE COMPANY Home Office: 201 N. New York Avenue, Suite 200 Winter Park, FL 32789 Telephone (407) 629.5842 WESTCOR LAND TITLE INSURANCE COMPANY ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation, ("Company'), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Sched:de A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Elective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto afj9xed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: Countersigned: PO, M1010190 Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 WESTCOR LAND TITLE INSURANCE COMPANY Q By: resident laynrr hry� Altect: Secretury • • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 13, 2014 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposed Insured: PROFORMA (b) ALTA Loan Policy-(6/17108) Proposed Insured: (c) ALTA Loan Policy-(6/17/06) Proposed Insured: Case No. PCT23970W Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Tale to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested In: ASPEN CLUB LODGE PROPERTIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO.81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A -PGA This Commitment Is Invalid unless the Insuring Provisions and Schedules A and B are attached. • • PARCELI EXHIBIT "A" LEGAL DESCRIPTION WOODSTONE INN CONDOMINIUMS, according to the Condominium Map thereof fled March 11, 1983 in Plat Book 14 at Page 45 through 49, inclusive, at Reception No. 248609 and as further defined and described in the Condominium Declaration for Woodstone Inn Condominiums recorded March 11, 1983 in Book 441 at Page 814 at Reception No. 248608. PARCEL II A non-exclusive easement and right-of-way for the purpose of ingress and egress over and across that certain parcel described in Long Form Easement Agreement unrecorded, notice of which is given by Short Form Easement Agreement recorded April 25, 1977 in Book 327 at Page 777. PARCEL III Encroachment License Agreements for the purposes stated therein recorded September 3, 1976 In Book 316 at Page 232, April 30, 1982 in Book 425 at Page 907, in Book 425 at Page 913, in Book 425 at Page 919 and recorded November 13, 1985 in Book 498 at Page 909. • 0 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a Tien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, fiens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 242 and 482 providing as follows: 'That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Mineral rights as set forth In Deeds recorded May 13, 1891 in Book 92 at Page 104 and June 10, 1891 in Book 98 at Page 497. 9. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 12, Series of 1961 by City of Aspen recorded February 16, 1962 In Book 196 at Page 521. 10. Terms, conditions, provisions and obligations as set forth in Encroachment License Agreements recorded September 3, 1976 in Book 316 at Page 232, April 30, 1982 in Book 425 at Page 907, Book 425.at Page 913, Book 425 at Page 919 and November 13, 1985 in Book 498 at Page 909. 11. Terms, conditions, provisions and obligations as set forth in Agreement recorded March 15, 1977 In Book 325 at Page 939. 12. Terms, conditions, provisions and obligations as set forth in Short Form Easement Agreement recorded April 25, 1977 in Book 327 at Page 777. 13. Terms, conditions, provisions and obligations as set forth in Parking Lot Lease recorded March 11, 1983 in Book 441 at Page 803. 14. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded March 11, 1983 in Book 441 at Page 811. 15. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Wocdstone Inn Condominium recorded March 11, 1983 in Book 441 at Page 814, and Designation of Successor recorded September 25, 1985 In Book 495 at Page 698, deleting therefrom any restrictions Indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 16. Easements, rights of way and all matters as disclosed on Plat of subject property recorded March 11, 1983 in Plat Book 14 at Page 45. 17. Terms, conditions, provisions and obligations as set forth in Agreement recorded April 10, 1985 in Book 484 at Page 444. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 18. Terms, conditions, provisions and obligations as set forth in Statement of Variances recorded February 12, 1988 in Book 556 at Page 886, March 30, 1988 in Book 559 at Page 909 and March 30, 1988 in Book 559 at Page 911. EXHIBIT i June 12, 2014 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for the redevelopment of the Sky Hotel. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ASPEN CLUB LODGE PROPERTIES, LLC, a Delaware limited liability company By: Northridge Capital, LLC, its Manager By: CZ:1��✓ David W. Jackson, res' ent d Aoldc\bus\city.ltr\1tr60814. jg t "EIVED ,,i i r u ASPEN ATTACHMENT 2 -LAND USE APPLICATION PROJECT: E IBIT Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) z% Z APPLICANT: Name: ��xi�� EGG Address: Phone #: ���� T'���' . �`/ "✓ S'�Yf� ��d R EPRFSFNTATI VF! Name--- Address: / • a `_ S�{_�7 C� ��� c'G2� Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses previous approvals, etc.) .11-^[ - "ROPOSAL• (description of proposed buildings, uses modifications, etc.) .4- Ccce rt�rc• e ❑ mporary Use Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: nuu aaaacucu UM wIRU"21■b . ._ - - - _e_ A-Application Conference Summary achment # 1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form �esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (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. THE CITY OF ASPEN Land Use Application Determination of Completeness Date �JVAr) 1� Dear City of Aspen Land Use Review Applicant, 2ECEIVED JAN b 7015 Co i Y OF ASPEN ^700' 1 MITY TlE PMENT We have received your land use application for a Code Amendment to Land Use Code Section 26.575.020.C, Measuring Net Lot Area and reviewed it for completeness. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. [�(Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. 1) Deposit of $3,250.00. 2) 2 hard copies of the application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. Thank You, Jessica Garrow, Long Range Planner City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No_X_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No_X_ Commercial E.P.F. Lodging 0 �P.uct ;e&4maw Fox 3613 ,44Aaoc, e6&i4, a 91612 August 31, 2005 Mr. Sunny Vann Vann Associates 230 East Hopkins Avenue Aspen, Colorado 81611 RE: ZONING OF VACATED AREAS Dear Sunny, • E� XH�IBI�T D //f ia4o"19ax (970)920-1125 �ic�ri�ca.c@aa sde..tet As you have requested, I have reviewed the language in the City of Aspen Land Use Code addressing zoning of vacated areas. My review inchided the following versions of this particular section of the Code: Section 24-2.5 of the Aspen Municipal Code as it was in effect in 1975, immediately after the entirety of Aspen's zoning and subdivision regulations had been revised and re-enacted. Section 5-502 of the Aspen Land Use Regulations, as it was in effect in 1988, shortly after the entirety of Aspen's zoning and subdivision regulations had been revised and reorganized into a unified Code. Section 26.710.024 of the Aspen Land Use Code, as it is currently in effect today. This language is unchanged from that which was first implemented in 1988. You have asked the to review these versions of this section to compare the language that was in effect in 1975 to that which was in effect in 1988. As you know, I was the City's Community Development Director from 1985 through 1989, and I was the staff person who was personally responsible for the revision and reorganization of the City's zoning and subdivision regulations into a utu6ed Code. Therefore, I can generally recall why certain sections were revised in the 1988 Code, and what work was accomplished in support of the changes that were implemented. In comparing the original 1975 language to the revised language, I find that two principal changes were made in the 1988 revision. First, the entire section was clarified from the original version, to take what was a long, complex run-on sentence and to revise it into a series of short, relatively simple, declarative statements. This was quite typical of the work we were accomplishing in this revision. • C:1 Mr. Sunny Vann August 31, 2005 Page Two Second, a substantive change was made to the section. Whereas the 1975 version of the section required vacated lands to be excluded from the calculation of density and open space, the 1988 version required vacated lands to be excluded from the calculation of density, open space, and floor area. This was a purposeful update, intended to address the fact that floor area regulations had become an important part of Aspen's zoning in the intervening years. In comparing the sections, you have pointed out to me another change, which 1 believe was meant as editing for purposes of clarity, but which you have explained to me has had unanticipated substantive consequences. This change deleted the statement that this section only applied to vacations adopted "subsequent to the effective date of this section". I am quite certain that we did not evaluate, in any way, the consequences upon prior vacations of deleting; this language. Neither 1, nor any member of the City staff looked at the City's inventory of street vacations to evaluate, on a case -by -case basis, whether any existing developments would be made non-conf'ornring by deleting this language. Instead, we were simply trying to clarify the adopted language and to eliminate what appeared to us to be unnecessary language. If this revision has had substantive consequences, that was not our intention, and the City may wish to reconsider whether that language should be restored, I hope thus letter helps you in explaining this past history to City staff' and to the City's review bodies. Please let me know if there is anything else you require. Very truly yours, ALAN RICHMAN PLANNING SERVICES A'O��O "% Alan Richman, AICP ACL Properties, LLC Vendor Vendor ID Payment Numb Date Check Number City Of Aspen Anity Devel ACL-CITY OF ASP 00014932 01/05/2015 003766 Invoice Number Date Description Amount Discount Paid Amount CODE ADMEND APP 01/05/2015 Code amendment application $3,250.00 $0.00 $3,250.00 ACL Properties, LLC c/o Northridge Capital, LLC 1101 30th Street, NW Suite 150 Washington, DC 20007 ETI AN .FOR TOTALS: $3,250.00 BB&T c/o Northridge Capital DATE January 5, 2015 Three Thousand Two Hundred Fifty Dollars and 00 Cents PAY TO THE ORDER OF City Of Aspen Community Development Dept 130 S. Galena Street Aspen, CO 81611 Authorized Si natur 11100376611' 1:051,00 1547i:0005 16 2786 2L,71il RETA N FOR $0.00 $3,250.00 003766 15-154/540 AMOUNT $3,250.00