HomeMy WebLinkAboutagenda.apz.20250806AGENDA
ASPEN PLANNING & ZONING
COMMISSION
August 6, 2025
4:30 PM, Council Chambers
3rd Floor, 427 Rio Grande Pl,
Aspen
I.SITE VISIT
II.ROLL CALL
III.COMMENTS
IV.MINUTES
V.DECLARATION OF CONFLICT OF INTEREST
VI.PUBLIC HEARINGS
VI.A Resolution #__, Series of 2025 - 100 Luke Short Court - Centennial - Change in Use
& Insubstantial PD Amendment
VII.OTHER BUSINESS
VIII.BOARD REPORTS
IX.ADJOURN
Resolution #__, Series of 2025_100 Luke Short Court.pdf
100 Luke Short Court_PZ_Memo_Change in Use_Insub PD_Memo.pdf
Exhibit A_100 Luke Short Court_Centennial_P&Z_Insubstantial PD Criteria.pdf
Exhibit B_100 Luke Short Court_Centennial_Change in Use_GMQS Standards
Responses.pdf
Exhibit C_Referral Comments_APCHA.pdf
Exhibit D_Centennial - Land Use Application 5.19.25.pdf
TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS
1) Conflicts of Interest (handled at beginning of agenda)
2) Provide proof of legal notice (affidavit of notice for PH)
3) Staff presentation
4) Board questions and clarifications of staff
5) Applicant presentation
6) Board questions and clarifications of applicant
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7) Public comments
8) Board questions and clarifications relating to public comments
9) Close public comment portion of bearing
10) Staff rebuttal/clarification of evidence presented by applicant and public comment
11) Applicant rebuttal/clarification
End of fact finding. Deliberation by the commission commences. No further interaction
between commission and staff, applicant or public
12) Chairperson identified the issues to be discussed among commissioners.
13) Discussion between commissioners*
14) Motion*
*Make sure the discussion and motion includes what criteria are met or not met
Revised January 9, 2021
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P&Z Resolution #___, Series of 2025
Page 1 of 5
RESOLUTION #____
(SERIES OF 2025)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A GROWTH MANAGEMENT QUOTA SYSTEM – CHANGE IN USE AND
INSUBSTANTIAL PLANNED DEVELOPMENT AMENDMENT TO CONVERT THE ON-
SITE OFFICE INTO TWO DEED-RESTRICTED AFFORDABLE HOUSING UNITS,
CONSISTING OF 1 1-BEDROOM UNIT AND 1 2-BEDROOM UNIT FOR THE
PROPERTY COMMONLY KNOWN AS 100 LUKE SHORT COURT, CENTENNIAL
AFFORDABLE HOUSING DEVELOPMENT, LEGALLY DESCRIBED AS: PARCEL 1,
LOT 3A, THE CENTENNIAL SUBDIVISION, ACCORDING TO THE THIRD AMENDED
PLAT OF THE CENTENNIAL SUBDIVISION RECORDED MAY 25, 2004 IN PLAT BOOK
69 AT PAGE 18 AND THE LOT LINE ADJUSTMENT PLAT OF LOT 3A, CENTENNIAL
SUBDIVISION P.U.D. AND LOT 1, FOX CROSSING RECORDED MAY 27, 2009 IN PLAT
BOOK 91 AT PAGE 19, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
PARCEL IDENTIFICATION NUMBER: 2737-074-27-703
WHEREAS, the Community Development Department received an application from New
Centennial LLC, care of: Birge and Held, owner of 100 Luke Short Court, Aspen, CO 81611
represented by Chris Bendon, BendonAdams, 300 S. Spring Street, Suite 202, Aspen, CO 81611
requesting approval for a Change in Use and Insubstantial Planned Development Amendment for
the property at 100 Luke Short Court; and,
WHEREAS, the Community Development Department Staff reviewed the application for
compliance with the applicable review standards; and,
WHEREAS, upon review of the application and the applicable Land Use Code standards,
the Community Development Director recommended approval of Change in Use and Insubstantial
PD Amendment requests; and,
WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified herein,
reviewed and considered the recommendation of the Community Development Director, and took
and considered public comment at a duly noticed public hearing on August 6th, 2025; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development
proposal meets the applicable review criteria and that the approval of the request is consistent with
the goals and objectives of the Land Use Code; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare; and,
WHEREAS, the Planning and Zoning Commission approves Resolution #__, Series of
2025, by a ___ to ___ (___-___) vote, granting approval of the Change in Use and Insubstantial
PD Amendment as identified herein.
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P&Z Resolution #___, Series of 2025
Page 2 of 5
NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission:
Section 1: Change in Use and Insubstantial Planned Development Amendment
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves the request for a Change in Use from
Commercial to Residential – Affordable Housing (Chapter 26.470.100.), and an Insubstantial
Planned Development Amendment (Chapter 26.445.110.) to convert the office on site to 2 deed-
restricted affordable housing units. All other dimensional standards including height and setbacks
shall be met. Table 1 memorializes the unit floor area, number of bedrooms, and category
associated with each unit from the office conversion. Table 2 memorializes the overall unit count
for the parcel.
Table 1: Proposed Units Created from Office Conversion
Proposed Units Affordable Housing Unit 1 Affordable Housing unit 2
Bedrooms 2-Bedroom 1-Bedroom
Floor Area 1,275 sq. ft. 756 sq. ft.
APCHA Category Category 5 Category 5
Table 2: Proposed Unit Count for Parcel
Unit Type Unit Count
Studio 41
1 Bedroom 49
2 Bedroom 46
3 Bedroom 14
Total Units 150
Section 2: Conditions of Approval – APCHA
1. Both units must be deed restricted with an approved form provided by APCHA in
perpetuity for these two units.
2. Use of the Affordable Housing Credit Program shall be used ONLY if Category 5 is
approved as an acceptable category for this program.
3. Both units meet the minimum net livable square feet requirements as noted in the APCHA
Affordable Housing Development Policy.
4. The units must meet the following definition of a kitchen as stated below and referred in
the Regulations:
Kitchen – For Accessory Dwelling Units, Caretaker Dwelling Units and all other deed-
restricted units, a kitchen must include, at a minimum, a two-burner stove with oven,
standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and
be at least 5 cubic feet; the sink must measure at least 14”WX16”DX5.25”H; refrigerator
must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer.
5. The unit shall meet the minimum square footage requirements as stated in Table II of the
APCHA Affordable Housing Development Policy, noted below.
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P&Z Resolution #___, Series of 2025
Page 3 of 5
Unit Size Minimum Square Footage
Studio 500
1-Bedroom 700
2-Bedroom 900
3-Bedroom 1,200
Single-Family Detached 1,500
6. The units shall include a laundry area – washer and dryer.
7. Rental rates are specified in the Regulations and the following must be followed:
• Tenants may not be charged for the following, either as rent or in addition to rent:
▪ Cost of electricity, gas, water and sanitation in common areas
▪ Condominium dues/assessments
▪ Management costs
▪ Property taxes
▪ Landscaping costs
▪ Snow plowing/shoveling
▪ Condominium Insurance
• Additional costs that can be charged to the tenant, but must be verified by APCHA,
are:
▪ Electricity, gas and/or water if not separately metered – metered costs must
be based on the tenant’s share of such utilities attributable to the tenant’s
net livable area. Tenants will be responsible for individually metered
utilities.
▪ Trash, but proportionally based on the tenant’s net livable area.
▪ Other operational costs only when reviewed by APCHA and approved to be
charged, must be based on the tenant’s share attributable to the tenant’s net
livable area.
▪ Prior to occupancy of a deed-restricted rental unit, APCHA must qualify the
tenant. All documentation required under these Regulations must be
provided. The tenant must provide the owner/landlord with proof of
documentation and qualification by APCHA prior to occupancy. Prior to
occupancy, the owner will be required to provide a copy of the lease
agreement to APCHA for approval. Leases must meet allowable rental rates
and will be for a minimum term of six (6) consecutive months. The unit
must meet occupancy standards, one person per bedroom at all times.
Owner must provide a copy of an executed lease to APCHA prior to
occupancy.
Section 3: Vested Rights
The development approvals granted herein shall constitute a vested property right attaching to and
running with the lot for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this approval shall result
in the forfeiture of said vested property right.
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P&Z Resolution #___, Series of 2025
Page 4 of 5
Section 4: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission, are hereby incorporated in such site development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
Section 5: Existing Litigation
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 ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6: Severability
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
APPROVED by the Planning and Zoning Commission at its regular meeting on August 6th, 2025.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
_______________________________ ___________________________
Katharine Johnson, City Attorney Teraissa McGovern, Chair
ATTEST:
____________________________
Tracy Terry, Deputy Clerk
Exhibit A: Approved Plans – Waiting on proposed floor plans
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P&Z Resolution #___, Series of 2025
Page 5 of 5
Exhibit A: Approved Plans – Waiting on Proposed Floor Plan
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Page 1 of 6
427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
Memorandum
TO: Aspen Planning and Zoning Commission
THRU: Daniel Folke, AICP, Planning Director
FROM: Jeffrey Barnhill, AICP, Principal Planner
MEETING DATE: Wednesday, August 6th, 2025
RE: 100 Luke Short Court – Centennial Affordable Housing Development –
Insubstantial Planned Development (PD) Amendment, Growth
Management Quota System (GMQS) review (Change in Use), PUBLIC
HEARING
APPLICANT /OWNER:
New Centennial LLC, care of:
Birge and Held, 8902 North
Meridian Street, Unit 205,
Indianapolis, IN 46260
REPRESENTATIVE:
Chris Bendon, BendonAdams,
300 S Spring Street Suite 202,
Aspen, CO 81611
LOCATION:
Street Address:
100 Luke Short Court
Parcel Identification Number:
PID# 2737-074-27-703
CURRENT ZONING & USE
Residential Multi-Family-A
(R/MFA); Planned Development
(PD) Overlay
PROPOSED ZONING & USE:
Proposed change in use to
convert the existing office on site
at Centennial into two Category 5
deed-restricted affordable housing
units.
SUMMARY:
100 Luke Short Court, Centennial Subdivision, is a 148-unit
affordable housing apartment complex with an on-site office facility.
The applicant requests approval for a Change in Use to convert the
office into two Category 5 deed-restricted affordable housing units.
This request necessitates an Insubstantial Planned Development
Amendment and a Growth Management Quota System review for
the change in use. The applicant requests no exterior changes to
the site.
STAFF RECOMMENDATION:
Staff supports the application and recommends approval with the
conditions outlined in the draft resolution.
Figure 1: Site Map
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Page 2 of 6
427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
BACKGROUND:
100 Luke Short Court has an interesting history within the City of Aspen. The Centennial PD
development contains 92 deed-restricted ownership units and 148 deed-restricted rental units.
The proposal is for the 148-unit deed-restricted rental section of the site. The original proposal
was presented to the Pitkin County Board of County Commissioners in 1984 and the Detailed
Submission to the Centennial PMH Project was approved (BOCC Resolution No. 84-5). When
the Board of County Commissioners approved the project, they understood the need for
affordable housing close to City of Aspen City Limits. They focused on the “undesirable” commute
to work from Highway 82, quality of life for employees, housing adjacent to jobs, and promoting
economic and social balance. These are still issues and questions that City of Aspen residents
grapple with on a day-to-day basis.
Subsequent to the approved proposal and construction, the City of Aspen annexed what was
commonly known as the Centennial/Hunter Creek/Lone Pine area of town via Ordinance No. 15,
Series of 1989. This was the result of an Annexation Election of Territory to the City of Aspen in
accordance with the provisions of the Municipal Annexation Act of 1965. The territories that were
annexed in 1989 were then zoned under Ordinance 26, Series of 1989 with the Centennial
property zoned R/MFA with a PUD overlay. Additional work was done on the property in 2003 to
convert a model unit into a deed restricted employee housing unit and rezoned the playground
area to the Park Zone District and dedicated the park to the City as a public park (City Council
Ordinance No. 56, Series of 2003).
The applicant proposes converting the existing office on site to two Category 5 deed -restricted
affordable housing units. According to City of Aspen records, this is the first significant
development application since turning the model unit into an affordable housing unit in 2003.
REQUEST OF THE PLANNING AND ZONING COMMISSION:
The Applicant requests the following approvals from the Planning and Zoning Commission for
final decision:
• Insubstantial Planned Development Amendment (Section 26.445.110.) for the
dimensional request to turn office floor area into affordable housing floor area.
• Growth Management Quota System Review (Sections 26.470.080 & 26.470.100) for a
GMQS Affordable Housing allotment to allow for the two Category 5 deed-restricted
affordable housing units.
PROJECT SUMMARY:
The applicant proposes converting the 2,031 square feet office space into two affordable housing
units. The applicant proposes one 2-bedroom Category 5 unit with 1,275 square feet of affordable
housing floor area, and one 1 -bedroom Category 5 unit with 756 square feet of space. The two-
bedroom unit would convert and occupy the middle and upper levels of the existing office space.
The one-bedroom unit would convert and occupy the lower level of the existing office space. There
will be no exterior improvements on site with this approval. This is a voluntary deed restriction and
does not include the issuance of any Affordable Housing Credits as Category 5 rental units are
not available to generate Affordable Housing Credits at this time.
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Page 3 of 6
427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
Figure 2: 2-Bedroom Unit Location Figure 3: 1-Bedroom Unit Location
STAFF COMMENTS:
Insubstantial Planned Development Amendment – Section 26.445.110 (Exhibit A)
Staff reviewed the Insubstantial Planned Development Amendment to an Approved Project
Review Standards and found that all standards were either met or not applicable. The proposed
development is consistent with adopted regulatory plans. The proposal complies with the 2012
Aspen Area Community Plan by providing housing for a member of Aspen’s workforce.
Specifically, the proposed development complies with Housing Policies:
I.2. Deed-restricted housing units should be utilized to the maximum degree possible.
II.1. The housing inventory should bolster our socioeconomic diversity.
IV.2. All affordable housing must be located within the Urban Growth Boundary.
IV.3. On-site housing mitigation is preferred.
The 2012 Aspen Area Community Plan also mentions that:
“This plan emphasizes the need to spread accountability and responsibility for providing
affordable housing units beyond the City and County governmental structures, and
continuing to pursue affordable housing projects on available public land through a
transparent and accountable public process.” (Aspen Area Community Plan, City of Aspen
and Pitkin County, 2012, page 38).
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Page 4 of 6
427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
This means private parties are integral in creating workforce and affordable housing in lieu of all
affordable housing opportunities being initiated by the City or County.
Proposed Units Affordable Housing Unit 1 Affordable Housing unit 2
Bedrooms 2-Bedroom 1-Bedroom
Floor Area 1,275 sq. ft. 756 sq. ft.
APCHA Category Category 5 Category 5
Table 1: Proposed Dimensional Standards
Additionally, the proposed development is located on suitable land for development. The
proposed development does not involve any exterior improvements; it simply involves the interior
changes required to turn the office into two deed restricted affordable housing units. As mentioned
previously, staff finds that all criteria are adequately addressed and met for the Insubstantial
Planned Development Amendment to a Project Review Approval.
Growth Management Quota System – Change in Use Sections 26.470.080 & 26.470.100
(Exhibit B)
There are unlimited allotments available for Residential – Affordable Housing units. As mentioned
previously, the development of affordable housing on this site meets several of the Housing
Policies in the 2012 Aspen Area Community Plan. The proposed devel opment does not include
any exterior changes or additional free-market floor area. It requires a change in use to change
the commercial office floor area into residential – affordable housing floor area. The development
does not require any additional public facilities to accommodate this project. The development
does not overextend the community’s ability to provide support services.
The proposed unit will be owned by New Centennial LLC. The unit will be deed restricted
according to applicable APCHA standards. APACHA has listed conditions for the Resolution if
passed. The units in question both exceed the minimum square footage requirements according
to the APCHA Affordable Housing Development Policy. The 1 -bedroom is 756 sq. ft. (700
minimum required) and the 2-bedroom is 1,275 sq. ft. (900 minimum required). Additionally, these
units are being added to the existing affordable housing inventory of 148 deed-restricted rental
units on site.
REFERRAL COMMENTS & Conditions (Exhibit C):
The application was referred to the Aspen Pitkin County Housing Authority who have
requirements that will affect the Resolution and permit review. APCHA recommends that:
1. Both units must be deed restricted with an approved form provided by APCHA in perpetuity
for these two units.
2. Use of the Affordable Housing Credit Program shall be used ONLY if Category 5 is approved
as an acceptable category for this program.
3. Both units meet the minimum net livable square feet requirements as noted in the APCHA
Affordable Housing Development Policy.
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Page 5 of 6
427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
4. The units must meet the following definition of a kitchen as stated below and referred in the
Regulations:
Kitchen – For Accessory Dwelling Units, Caretaker Dwelling Units and all other deed-
restricted units, a kitchen must include, at a minimum, a two-burner stove with oven,
standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil
and be at least 5 cubic feet; the sink must measure at least 14”WX16”DX5.25”H;
refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer.
5. The unit shall meet the minimum square footage requirements as stated in Table II of the
APCHA Affordable Housing Development Policy, noted below.
Unit Size Minimum Square Footage
Studio 500
1-Bedroom 700
2-Bedroom 900
3-Bedroom 1,200
Single-Family Detached 1,500
6. The units shall include a laundry area – washer and dryer.
7. Rental rates are specified in the Regulations and the following must be followed:
• Tenants may not be charged for the following, either as rent or in addition to rent:
▪ Cost of electricity, gas, water and sanitation in common areas
▪ Condominium dues/assessments
▪ Management costs
▪ Property taxes
▪ Landscaping costs
▪ Snow plowing/shoveling
▪ Condominium Insurance
• Additional costs that can be charged to the tenant, but must be verified by APCHA, are:
▪ Electricity, gas and/or water if not separately metered – metered costs must be
based on the tenant’s share of such utilities attributable to the tenant’s net livable
area. Tenants will be responsible for individually metered utilities.
▪ Trash, but proportionally based on the tenant’s net livable area.
▪ Other operational costs only when reviewed by APCHA and approved to be
charged, must be based on the tenant’s share attributable to the tenant’s net livable
area.
• Prior to occupancy of a deed-restricted rental unit, APCHA must qualify the tenant. All
documentation required under these Regulations must be provided. The tenant must
provide the owner/landlord with proof of documentation and qualification by APCHA
prior to occupancy. Prior to occupancy, the owner will be required to provide a copy of
the lease agreement to APCHA for approval. Leases must meet allowable rental rates
and will be for a minimum term of six (6) consecutive months. The unit must meet
occupancy standards, one person per bedroom at all times. Owner must provide a copy
of an executed lease to APCHA prior to occupancy.
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Page 6 of 6
427 Rio Grande Pl., Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve the Resolution, with the
conditions listed, for the GMQS Change in Use, and Insubstantial Planned Development
Amendment to convert the office space into two deed -restricted affordable housing units.
Two motions are proposed. The first approves the resolution while the second denies the
resolution. Should P&Z support staff’s recommendation, Motion 1 should be read.
If the Planning and Zoning Commission disagrees with staff’s recommendation and feels
that the review criteria have not been met and wishes to deny the variance request, motion
2 should be read:
Motion 1.
“I move to approve Resolution #__, Series of 2025, granting approval of the proposed
conversion of the office space into two deed-restricted affordable housing units.”
If the Planning and Zoning Commission decides that the criteria are not met for the GMQS
Change in Use and Insubstantial PD Amendment, and disagrees with staff’s
recommendation, the following motion may be used:
Motion 2.
“I move to deny Resolution #__, Series of 2025, granting approval of the proposed building
mass articulation, build-to requirement, and garage dimensions.”
ATTACHMENTS:
Resolution #__, Series of 2025
Exhibit A – Staff Response Insubstantial PD Amendment
Exhibit B – Staff Response GMQS Standards
Exhibit C – Referral Comments
Exhibit D – Application
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Exhibit A – Insubstantial PD Amendment
Review Criteria Staff Findings
100 Luke Short Court – Centennial
Planning and Zoning Commission
Page 1 of 1
Insubstantial Planned Development Amendment Section 26.445.110
The Land Use Code states that an Insubstantial Amendment to an approved Project
Review or an approved Detailed Review may be authorized by the Community
Development Director if:
(1) The request does not change the use or character of the development.
(2) The request is consistent with the conditions and representations in the project’s
original approval or otherwise represents an insubstantial change.
(3) The request does not require granting a variation from the project's allowed use(s)
and does not request an increase in the allowed height or floor area.
(4) Any proposed changes to the approved dimensional requirements are limited to a
technical nature, respond to a design parameter that could not have been foreseen
during the Project Review approval, are within dimensional tolerances stated in the
Project Review, or otherwise represents an insubstantial change.
(5) An applicant may not apply for Detailed Review if an amendment is pending.
Staff Response: The proposed request to convert the office into two deed-
restricted affordable housing units does not change the use or character of
the development. The Centennial project already consists of 100% deed -
restricted affordable housing units. The request represents an insubstantial
change to the Planned Development. Additionally, it does not require
granting a variation from the project’s allowed uses. A Change in Use is
required to change the Commercial Net Leasable Area to Residential –
Affordable Housing Net Livable Area and results in no gain in floor area as it
utilizes an already existing office space. There will be no exterior changes to
the units aside from unit numbering. Staff finds that the conversion of the
office on site to deed-restricted affordable housing units represents an
insubstantial change for the Planned Development and adds two affordable
housing units to the APCHA inventory. Both units will be required to comply
with all applicable APCHA requirements; including but not limited to the
conditions outlined in the proposed Resolution. Staff finds these criteria are
met.
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Exhibit B – GMQS Standards
Review Criteria Staff Findings
100 Luke Short Court - Centennial
Planning and Zoning Commission
Page 1 of 5
Sec. 26.470.010 Growth Management Quota System - Purpose
The Applicant seeks a Growth Management Quota System (GMQS) Affordable
Housing allotment to allow for a deed restricted affordable housing unit on site.
(a) Implement the goals and policies for the City and the Aspen Area Community
Plan;
Staff Response: The proposal implements the goals and policies for the 2012
Aspen Area Community Plan by providing housing for a member of Aspen’s
workforce. Specifically, the proposed development complies with Housing
Policies:
I.2. Deed-restricted housing units should be utilized to the maximum degree
possible.
II.1. The housing inventory should bolster our socioeconomic diversity.
IV.2. All affordable housing must be located within the Urban Growth Boundary.
IV.3. On-site housing mitigation is preferred.
The 2012 Aspen Area Community Plan also mentions that:
“this plan emphasizes the need to spread accountability and responsibility
for providing affordable housing units beyond the City and County
governmental structures, and continuing to pursue affordable housing
projects on available public land through a transparent and accountable
public process.” (Aspen Area Community Plan, City of Aspen and Pitkin
County, 2012, page 38).
This means private parties are integral in creating workforce and affordable
housing in lieu of all affordable housing opportunities being initiated by the City or
County. Staff finds this criterion is met.
(b) Ensure that growth and development occurs in an orderly and efficient manner in
the City;
Staff Response: The proposed development does not include any exterior changes
or additional free-market floor area. It simply utilizes the existing office floor area
and creates two Category 5 deed-restricted affordable housing units. Staff finds
this criterion is met.
(c) Ensure sufficient public facilities are present to accommodate growth and
development;
15
Exhibit B – GMQS Standards
Review Criteria Staff Findings
100 Luke Short Court - Centennial
Planning and Zoning Commission
Page 2 of 5
Staff Response: The development does not require any additional public facilities
to accommodate the project. There are sufficient facilities available for the
development to accommodate two additional affordable housing units. Staff finds
this criterion is met.
(d) Ensure that growth and development is designed and constructed to maintain the
character and ambiance of the City;
Staff Response: This development is located outside of the Aspen infill area. The
proposal will help the City reach its goals on affordable housing within the Urban
Growth Boundary. The existing development already consists of 240 affordable
housing rental and ownership units (92 ownership & 148 rental). The addition of 2
more affordable housing units in an existing space creates an insubstantial change
to the site, and surrounding neighborhood. Staff finds this criterion is met.
(e) Ensure the presence of an adequate supply of affordable housing, businesses
and events that serve the local, permanent community and the area’s tourist
base;
Staff Response: The proposed development would allow two deed restricted
affordable housing units on site ensuring the presence of an adequate supply of
affordable housing. Staff finds this criterion is met.
(f) Ensure that growth and development does not overextend the community’s
ability to provide support services, including employee housing, traffic control and
parking; and,
Staff Response: The development does not overextend the community’s ability to
provide support services. Staff finds this criterion is met.
(g) Ensure that the resulting employees generated, and impacts created by
development and redevelopment are mitigated by said development and
redevelopment.
Staff Response: No employees are generated by this development, rather it serves
to house workers who satisfy and comply with all applicable APCHA regulations.
Staff finds this criterion is met.
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Exhibit B – GMQS Standards
Review Criteria Staff Findings
100 Luke Short Court - Centennial
Planning and Zoning Commission
Page 3 of 5
Sec. 26.470.080 Growth Management Quota System – General Review
Standards
(a) Sufficient Allotments. Sufficient growth management allotments are available to
accommodate the proposed development, pursuant to Section 26.470.040(b).
Applications for multi-year development allotment, pursuant to Section 26.470.110(a)
shall be required to meet this standard for the growth management years from which
the allotments are requested.
Staff Response: The applicant requests two Residential – Affordable Housing
allotment. There is no annual limit on the amount of Affordable Housing
developments. Thus, sufficient allotments are available for this project to proceed.
Staff finds this criterion is met.
(b) Development conformance. The proposed development conforms to the
requirements and limitations of this Title, of the zone district or a site-specific
development plan, any adopted regulatory master plan, as well as any previous
approvals, including the Conceptual Historic Preservation Commission approval, the
Conceptual Commercial Design Review approval and the Planned Development –
Project Review approval, as applicable.
Staff Response: The applicant requests converting the existing office space into
two affordable housing units. This requires an Insubstantial PD Amendment &
GMQS approval to support the conversion of the commercial office floor area space
to affordable housing floor area space. If these reviews are approved by the
Planning and Zoning Commission, the development will conform with all applicable
requirements and limitations. Staff finds this criterion is met.
(c) Public infrastructure and facilities. The proposed development shall upgrade
public infrastructure and facilities necessary to serve the project. Improvements shall
be at the sole costs of the developer. Public infrastructure includes, but is not limited
to, water supply, sewage treatment, energy and communication utilities, drainage
control, fire and police protection, solid waste disposal, parking and road and transit
services.
Staff Response: This development requires no upgrades to the public
infrastructure or facilities. The required infrastructure is already in place at the
development. The proposed development does not overextend the community’s
ability to provide support services. Staff finds this criterion not applicable.
(d) Affordable housing mitigation.
Staff Response: The proposed development is affordable housing and does not
require affordable housing mitigation. Staff finds this criterion not applicable.
17
Exhibit B – GMQS Standards
Review Criteria Staff Findings
100 Luke Short Court - Centennial
Planning and Zoning Commission
Page 4 of 5
Sec. 26.470.100 GMQS Planning and Zoning Commission Applications
(a) Change in use. A change in use of an existing property, structure or portions of
an existing structure between the development categories identified in Section
26.470.020 (irrespective of direction), for which a certificate of occupancy has been
issued and which is intended to be reused, shall be approved, approved with
conditions or denied by the Planning and Zoning Commission based on the general
requirements outlined in Section 26.470.080. No more than one (1) free-market
residential unit may be created through the change-in-use.
Staff Response: The change in use for this project is required because the
applicant proposes converting Commercial space (Net leasable square feet)
to Residential – Affordable Housing (Dwelling units). The units are proposed
to be Category 5 deed-restricted rental units and will not be deed-restricted
as “for sale”. The staff responses to the general requirements outlined in
Section 26.470.080. are located above these responses on pages 1 -3. Staff
finds that the applicant meets all applicable requirements in 26.470.080. Staff
finds this criterion is met.
(c) Affordable Housing. The development of affordable housing that does not qualify
for administrative review and approval under the criteria established in Section
26.470.090(c), shall be approved, approved with conditions, or denied by the Planning
and Zoning Commission based on the general requirements outlined in Section
26.470.080, and all other applicable review criteria of this Title. If the affordable
housing project is located in a historic district or on a historically designated property,
the Historic Preservation Commission is the review body for this review. Additionally,
the following shall apply to all affordable housing development:
(1) The proposed units shall be deed-restricted as “for sale” units and
transferred to qualified purchasers according to the Aspen Pitkin County
Housing Authority Regulations. The developer of the project may be
entitled to select the first purchasers, subject to the aforementioned
qualifications, pursuant to the Aspen Pitkin County Housing Authority
Regulations. The deed restriction shall authorize the Aspen Pitkin
County Housing Authority or the City to own the unit and rent it to
qualified renters as defined in the Aspen Pitkin County Housing Authority
Regulations, as amended.
Staff Response: The units are proposed to be a rental units and will not be
deed-restricted as “for sale” as allowed for non-profit organizations,
employers, or government/quasi-government institutions. Staff finds this
criterion is met.
(2) The proposed units may be rental units, including but not limited to rental
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Exhibit B – GMQS Standards
Review Criteria Staff Findings
100 Luke Short Court - Centennial
Planning and Zoning Commission
Page 5 of 5
units owned by an employer, government or quasi-government
institution, or non-profit organization if a legal instrument in a form
acceptable to the City Attorney ensures permanent affordability of the
units. The City encourages affordable housing associated for lodge
development to be rental units associated with the lodge operation and
contributing to the long-term viability of the lodge.
Staff Response: The proposed units will be owned by New Centennial LLC, the
owners of the rental apartment development in the Centennial PD. The units will be
deed restricted according to applicable APCHA standards. APCHA has listed
conditions for the Resolution if passed. Staff finds this criterion is met.
(3) A combination of “for sale” and rental units is permitted.
Staff Response: The applicant proposes two rental units. Staff finds this criterion
not applicable.
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1
LAND USE REFERRAL MEMORANDUM
TO: Jeffrey Barnhill, Community Development Department
FROM: Cindy Christensen, Deputy Director - APCHA
DATE: June 16, 2025
RE: Centennial-Aspen Change in Use Request Application
PROJECT
The applicant is proposing to convert a three-story building that consists of the office space at
Centennial Apartments, 100 Luke Short Court, into residential units consisting of a one-bedroom
unit which will consist of a kitchen with an oven, cook top, microwave, refrigerator and one
bathroom, and is proposed to be 756 square feet on the lower level. The unit is being proposed as
a Category 5 rental unit.
In addition, the applicant is proposing that a two-bedroom unit located above the office area, on
the middle and upper level, which will consist of a kitchen with an oven, cook top, microwave,
refrigerator, and three bathrooms, and is approximately 1,275 square feet to be deed restricted as
a Category 5 rental unit.
DISCUSSION
The applicant is asking for the units to be eligible under the Certificates of Affordable housing Credit
Program. Currently, only Category 1 – 4 units are eligible for this program. APCHA would agree to
Category 5, if approved by City Council, but the units must be deed restricted in perpetuity.
RECOMMENDATIONS: Based on the application, APCHA would recommend approval with the
following conditions:
1. Both units must be deed restricted with an approved form provided by APCHA in perpetuity
for these two units.
2. Use of the Affordable Housing Credit Program shall be used ONLY if Category 5 is approved
as an acceptable category for this program.
3. Both units meet the minimum net livable square feet requirements as noted in the APCHA
Affordable Housing Development Policy.
4. The units must meet the following definition of a kitchen as stated below and referred in the
Regulations:
Kitchen – For Accessory Dwelling Units, Caretaker Dwelling Units and all other deed-restricted
units, a kitchen must include, at a minimum, a two-burner stove with oven, standard sink, and
20
2
a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet;
the sink must measure at least 14”WX16”DX5.25”H; refrigerator must be at least 5.3 cubic feet
and include at least a .73 cubic foot freezer.
5. The unit shall meet the minimum square footage requirements as stated in Table II of the APCHA
Affordable Housing Development Policy, noted below.
Unit Size Minimum Square Footage
Studio 500
1-Bedroom 700
2-Bedroom 900
3-Bedroom 1,200
Single-Family Detached 1,500
6. The units shall include a laundry area – washer and dryer.
7. Rental rates are specified in the Regulations and the following must be followed:
• Tenants may not be charged for the following, either as rent or in addition to rent:
▪ Cost of electricity, gas, water and sanitation in common areas
▪ Condominium dues/assessments
▪ Management costs
▪ Property taxes
▪ Landscaping costs
▪ Snow plowing/shoveling
▪ Condominium Insurance
• Additional costs that can be charged to the tenant, but must be verified by APCHA, are:
▪ Electricity, gas and/or water if not separately metered – metered costs must be based on the
tenant’s share of such utilities attributable to the tenant’s net livable area. Tenants will be
responsible for individually metered utilities.
▪ Trash, but proportionally based on the tenant’s net livable area.
▪ Other operational costs only when reviewed by APCHA and approved to be charged, must be based
on the tenant’s share attributable to the tenant’s net livable area.
• Prior to occupancy of a deed-restricted rental unit, APCHA must qualify the tenant. All
documentation required under these Regulations must be provided. The tenant must provide
the owner/landlord with proof of documentation and qualification by APCHA prior to
occupancy. Prior to occupancy, the owner will be required to provide a copy of the lease
agreement to APCHA for approval. Leases must meet allowable rental rates and will be for a
minimum term of six (6) consecutive months. The unit must meet occupancy standards, one
person per bedroom at all times. Owner must provide a copy of an executed lease to APCHA
prior to occupancy.
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE PACKET
Attached is an Application for review of Development that requires Land Use Review pursuant to
The City of Aspen Land Use Code: Included in this package are the following attachments:
1. Development Application Fee Policy, Fee Schedule and Agreement
to Pay Application Fees Form
2. Land Use Application Form
3. Dimensional Requirements Form (if required)
4. HOA Compliance Form
5. Development Review Procedure
All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of
the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the
internet at https://library.municode.com/co/aspen/codes/municipal_code.
We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development
Department so that the requirements for submitting a complete application can be fully described. This
meeting can happen in person or by phone or email. Also, depending upon the complexity of the development
proposed, submitting one copy of the development application to the Case Planner to determine accuracy,
inefficiencies, or redundancies can reduce the overall cost of materials and staff time.
Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to summarize the key provisions of the Code as they apply
to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have
questions that are not answered by the materials in this package, we suggest that you contact the staff member
assigned to your case, contact Planner of the Day (970-429-2764/planneroftheday@gmail.com), or consult the
applicable sections of the Aspen Land Use Code.
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications that normally take a minimal and predictable amount of staff
time to process. Review fees for other City Departments reviewing the application (referral departments) also will be collected
when necessary. Flat fees are cumulative, i.e., an application with multiple flat fees must pay the sum of those flat fees. Flat fees
are not refundable.
A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent
will be charged against the deposit. Various City staff also may charge their time spent on the case in addition to the Case
Planner. The deposit amount may be reduced if, in the opinion of the Community Development Department Director, the project
is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be
made during the pre-application conference by the Case Planner. Hourly billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral
agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be
accepted for processing without the required fee(s).
The Community Development Department shall keep an accurate record of the actual time required to process a land use
application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will
be billed for the additional costs incurred by the City when the processing of an application by the Community Development
Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be
billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than
provided for by the deposit, the Department shall refund the unused portion of the deposited fee to the applicant. Fees shall be
due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of
approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval, all billing shall be
reconciled, and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall
require a new deposit at the rate in effect at the time of final submission. Upon final approval, all billing shall again be reconciled
prior to the Director accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more
days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.75% per month. An unpaid invoice of
120 days or more may be subject to additional actions as may be assigned by the Municipal Court judge. All payment information
is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City
will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, any unpaid invoice
of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is
made.
The property owner of record is the party responsible for payment of all costs associated with a land use application for the
property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract
purchaser) regarding payment of fees is solely between those private parties.
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
100 LUKE SHORT CT, ASPEN, CO 81611 Address of Property:
Please type or print in all caps
NEW CENTENNIAL LLC Property Owner Name:
Representative Name(if different from Property Owner):
Billing Name and Address - Send Bills to:
BIRGE & HELD; 8902 N MERIDIAN ST #205, INDIANAPOLIS, IN 46260
Contact info for billing: e-mail: tlester@birgeandheld.com Phone: 317-419-6205
I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner, I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non-refundable.
$. 325 flat fee for APCHA . $. flat fee for
$. flat fee for . $. flat fee for
For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review, and presentation of sufficient information to enable legally required findings to be made for project
consideration unless invoices are paid in full.
The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the
City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an
invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to
pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does
not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates
hereinafter stated.
$ 325 deposit for 1
hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
Phillip Supino, AICP
Community Development Director
Signature:
PRINT Name:
Kason Curtis
City Use:
Fees Due: $ Received $
Case #
Title: Asset Manager
Kason Curtis Digitally signed by Kason Curtis
Date: 2025.02.03 10:15:47 -07'00' City of Aspen:
KASON CURTIS
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
Project Name and Address: Centennial Apartments 100 LUKE SHORT CT, ASPEN, CO 81611
Parcel ID # (REQUIRED) 273707427703
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Convert the office to a residential unit under the RO classification. Also, convert the unit above the of
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage 2,040 Lodge Pillows Free Market dwelling units 2
Affordable Housing dwelling units Essential Public Facility squarefootage
Have you included the following? FEES DUE: $ 650
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name: Kason Curtis
Address: 331 S Lincoln Ave, Steamboat Springs, CO 80487
Phone#: 432-488-6775 email: kcurtis@birgeandheld.com
Name:
Address:
Birge and Held
8902 N Meridian St #205, Indianapolis, IN 46260
Phone #: 317-419-6205 email:
✔
✔
✔
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
DIMENSIONAL REQUIREMENTS FORM
Complete only if required by the PreApplication checklist
Project and Location Centennial Apartments 100 LUKE SHORT CT, ASPEN, CO 81611
Applicant: Birge and Held
Zone District: Gross Lot Area: Net Lot Area:
**Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Please fill out all relevant dimensions
Single Family and Duplex Residential
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
8) Minimum distance betweenbuildings
Proposed % of demolition
Existing Allowed Proposed Multi-family Residential
1) Number of Units
2) Parcel Density (see 26.710.090.C.10)
3) FAR (Floor Area Ratio)
4) Floor Area (square feet)
5) Maximum Height
6) Front Setback
7) Rear Setback
8) Side Setbacks
Proposed % of demolition
Existing Allowed Proposed
Commercial
Proposed Use(s)
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off-Street Parking Spaces
5) Second Tier (squarefeet)
6) Pedestrian Amenity (squarefeet)
Proposed % of demolition
Existing non-conformities or encroachments:
Lodge
Additional Use(s)
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Free Market Residential(square feet)
4) Front setback
5) Rear setback
6) Side setbacks
7) Off-Street Parking Spaces
8) Pedestrian Amenity (square feet)
Proposed % of demolition
Existing Allowed Proposed
Variations requested:
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
DEVELOPMENT REVIEW PROCEDURE
1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process
applies to your development proposal and will identify the materials necessary to review your application.
2. Submit Development Application. Based on your pre-application meeting, you should complete to the
application package and submit the requested number of copies of the complete application and the appropriate
processing fee to the Community Development Department.
3. Determination of Completeness. Within five (5) working days of the date of your submission, staff will review
the application and notify you in writing whether the application is complete or if additional materials are
required. Please be aware that the purpose of the completeness review is to determine whether or not the
information you have submitted is adequate to review the request, and not whether the information is sufficient
to obtain approval.
4. Staff Review of Development Application. Once your application is determined to be complete, it will be
reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the
application will be referred to other agencies for comments. The Planner assigned to your case or the agency may
contact you if additional information is needed or if problems are identified. Staff will draft a memo for signature
by the Community Development Director that explains whether your application complies with the Code, and will
list any conditions that should apply if the application is to be approved.
Final approval of any Development Application that amends a recorded document, such as a plat, agreement, or
deed restriction, will require the applicant to prepare an amended version of that document for review and
approval by staff. Staff will provide the applicant with the applicable contents for the revised plat. The City
Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not
go to the trouble or expense of preparing these documents until the staff has determined that your application is
eligible for the requested amendment or exemption.
5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, the
Planning staff will schedule a hearing date for the application upon determination that the application is complete.
The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to mail
notice (one copy provided by the Community Development Department) to property owners within 30 feet of the
subject property and post notice (sign available at the Community Development Department) of the public hearing
on the site at least fifteen (15) days prior to the hearing date. (Please see Attachment 6 for instructions.) The
Planning staff will publish notice of the hearing in the paper for land use requests that require publication.
The Planning staff will then formulate a recommendation on the land use request and draft a memo to the
reviewing board(s). Staff will supply the applicant with a copy of the Planning staff’s memo, approximately five (5)
days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public
hearings include a presentation by the Planning staff, a presentation by the applicant (optional), consideration of
public comment, and the reviewing board’s questions and decision.
(Continued on next page)
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
6. Issuance of Development Order. If the land use review is approved, then the Planning staff will issue a
Development Order, which allows the applicant to submit a building permit application.
7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may apply for a
building permit. During this time, your project will be examined for its compliance with the Uniform Building Code.
It also will be checked for compliance with applicable provisions of the Land Use Regulations that were not
reviewed in detail during the land use case review. (This might include a check of floor area ratios, setbacks,
parking, open space and the like). Impact fees for water, sewer, parks, and employee housing will be collected as
part of the permitting process. Any document required to be recorded, such as a plat, deed restriction, or
agreement, will be reviewed and recorded before a building permit application is submitted.
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PRE-APPLICATION CONFERENCE SUMMARY
PRE-25-007
DATE: January 10, 2025
PLANNER: Sammi Montalto, sammi.montalto@aspen.gov, 970-787-0446
REPRESENTATIVE: Kason Curtis, kcurtis@birgeandheld.com
PROJECT LOCATION: 100 Luke Short Ct, Aspen, CO 81611
PARCEL ID: 2737-074-27-703
REQUEST: Change in Use from Office to Affordable Housing
DESCRIPTION: 100 Luke Short Ct is the location of Centennial-Aspen Apartments. The applicant
requests a Change in Use from Office to Affordable Housing, which would apply to unit 801CENT in
the Centennial apartment complex. This requested use change will require a Minor Project Review,
as well as a Growth Management Quota System Change-in-Use application with review authority
held by the City Council – subject to 26.470.100.A.
Several other considerations are relevant to this proposal:
1) The applicant can decide if the deed restriction would be for a Resident Occupied (RO) or
Category unit (1 – 4) under APCHA regulations. There are several important considerations
under this topic related to who could qualify to live in the units and what an eventual sale price
or rent would be for the tenants. This decision is important to the land use application as
Category 1-4 units are eligible for the issuance of Certificates of Affordable Housing Credit
upon recordation of the deed restrictions and the issuance of a Certificate of Occupancy or
Letter of Completion for the physical alterations to the units. RO and Category 5 units are not
currently eligible for credit issuance, but there is a policy discussion with Council scheduled
for early-2024 to consider a change to this limitation. Please refer to APCHA regulations for
important information related to this issue. If applicable, any issuance of credits is subject to
26.540. At this point, the applicant has indicated that the unit will be an RO unit. It would not
be eligible for credit issuance.
2) Additionally, related to APCHA regulations, please review the physical requirements of deed-
restricted units necessary for APCHA to bring the unit(s) into the affordable housing inventory.
This property is not condominiumized currently. Depending on the nature of the eventual unit,
APCHA may require a Condo Map and Condo Declarations to identify and define the
relationship of the unit to the other commercial ownership.
3) Parking – any time a change in use is completed, parking for the property is re-evaluated. In
this case, one new residential unit would require at least one parking unit. This parking
requirement could be met by either the provision of (1) on-site, code compliant parking space,
or the payment of a fee-in-lieu of $38,000 per space. Staff believes that the applicant paid
cash-in-lieu for all parking on site when the property was redeveloped. An evaluation of the
original approvals, the fee-in-lieu previously paid, and the nature of the new AH unit will be
part of this review and a recommendation will be made by staff related to this issue.
29
4) Building code requirements related to residential uses in a mixed-use building can often
impact construction costs, particularly related to fire separation and accessibility and egress.
Please consult with an architect to evaluate the space for any potential obstacles in meeting
building code requirements. Specific questions can be addressed to ComDev staff at:
builderoftheday@gmail.com.
5) Environmental Health – any time a change of use occurs, trash, recycling and composting
facilities are re-evaluated, subject to Title 12 of the Aspen Municipal Code:
https://library.municode.com/co/aspen/codes/municipal_code?nodeId=TIT12SOWA
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.430.040 Special Review – Parking (if applicable)
26.445 Planned Development
26.470.080 Growth Management Quota System (General)
26.470.100 Growth Management (P&Z reviews)
26.515 Parking
26.540 Certificates of Affordable Housing Credit
26.710.090 Residential Multi-Family (RMF) Zone District
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
Review by: Staff for completeness and recommendations
City Council for decision
Public Hearing: Yes
Referrals: APCHA - $325 deposit, additional hours may be billed.
Planning Fees: Waived for Affordable Housing projects
(would otherwise be $3,250)
Total Deposit: $325.00
APPLICATION CHECKLIST
Below is a list of submittal requirements for this review. Please email the entire application
as one pdf to cdehadmins@aspen.gov. Include PRE-25-004 in the subject line.
Completed Land Use Application and signed Fee Agreement.
Pre-application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to
occur, consisting of a current (no older than 6 months) certificate from a title insurance
company, an ownership and encumbrance report, or attorney licensed to practice in the
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State of Colorado, listing the names of all owners of the property, and all mortgages,
judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner’s right to apply for the Development Application.
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.
HOA Compliance form (attached).
A site improvement survey (no older than a year from submittal) showing the current status
of the parcel certified by a registered land surveyor by licensed in the State of Colorado.
(can be waived if no exterior changes to the building are proposed)
Site Plan – indicating relationship of units to parking (if applicable)
Floor Plans – including Net Livable dimensions of the unit(s)proposed for a change in use
A narrative of the proposed unit qualities – including amenities (storage, bike parking,
laundry facilities, etc.) and the desired type of unit (Category v. RO, rental or ownership,
etc.)
Diagrams/cut sheets/materials depicting any changes to the exterior. (if applicable)
Once the application is deemed complete by staff, the following items will then need to
be submitted:
Total deposit for review of the application.
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.
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Land Use Application
Determination of Completeness
Land Use Number LPA-25-054
Date: April 27, 2025
Kason Curtis, Birge and Held
331 S Lincoln Avenue,
Steamboat Springs, CO 80487
Dear Kason,
We have received your land use application for 100 Luke Short Court (LPA-25-
054) and reviewed it for completeness.
Your Land Use Application is currently Incomplete.
The following are needed:
• Written responses to all review criteria outlining how the proposed project
is meeting the Land Use Code:
o 26.445.050 – Planned Development - Project Review Standards
o 26.470.080 – GMQS – General Review Standards
o 26.515.060.(c) – Parking Management – Review Criteria
o 12.10.050 – Space Allotment for Trash and Recycling Storage –
Space required for trash and recycling storage for Multi-Family
Developments
• Street address and legal description of the parcel on which development is
proposed to occur, consisting of a current (no older than 6 months)
certificate from a title insurance company, an ownership and encumbrance
report, or attorney licensed to practice in the State of Colorado, listing the
names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and
demonstrating the owner’s right to apply for the Development Application.
• Proposed floor plans with net livable calculations.
• A narrative of the proposed unit qualities – including amenities (storage,
bike parking, laundry facilities, etc.)
Once you have compiled the remaining items for your application , please email
them to Jeffrey Barnhill (jeffrey.barnhill@aspen.gov).
Please let me know if you have any questions.
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Thank You,
Jeffrey Barnhill, AICP, Senior Planner
City of Aspen, Community Development Department
Jeffrey.barnhill@aspen.gov | 970.429.2752
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Responses to How Proposed Project is Meeting Land Use Code
26.445.050 – Planned Development - Project Review Standards
(a) Compliance with Adopted Regulatory Plans
• There are no structural or aesthetic changes. The proposal is to convert the office and
unit above the office to category 5 residential units for rent.
(b) Development Suitability
• There are no site plan changes that will create hazards to the property. The proposal
is to convert the office and unit above the office to category 5 residential units for rent.
(c) Site Planning
• There are no site plan or exterior façade changes that will affect the property. The
proposal is to convert the office and unit above the office to category 5 residential
units for rent.
(d) Dimensions
• There are no dimensional, structural, or exterior changes to the property. The
proposal is to convert the office and unit above the office to category 5 residential
units for rent.
(e) Design Standards
• There are no design or structural changes to the exterior of the building. Please see
floorplans below for proposed unit layouts and square footages. The proposal is to
convert the office and unit above the office to category 5 residential units for rent.
(f) Pedestrian, bicycle & transit facilities
• There is available on-site parking for the proposed units. A 1-bedroom unit will require
1 space and 2-bed will require 2 spaces and there is parking on-site to accommodate
the additional spaces.
(g) Engineering Design Standards
• There will be no structural changes therefore we do not believe an engineer is
necessary.
(h) Public Infrastructure and Facilities
34
• There will be no additional infrastructure and utilities required to complete the
project.
(i) Access and Circulation
• There is already an established parking lot. The proposal is to convert the office and
unit above the office to category 5 residential units for rent.
26.470.080 – GMQS – General Review Standards
(a) Sufficient Allotments
• Per Sec. 26.470.040 – Allotment Procedures, the “Growth Management Quota
System does not limit the annual growth rate of affordable housing.” The proposal is
to convert the office and unit above the office to category 5 residential units for rent.
(b) Development conformance
• There will be no exterior façade or structural changes that affect the exterior looks of
the building.
(c) Public infrastructure and facilities
• The renovations will not have an impact on the current infrastructure.
(d) Affordable housing mitigation
• There will be temporary construction protection measures during the renovation to
protect all residents and employees. The renovation will not affect anyone’s
compensation, work hours, or require any residents to relocate. Operations will run
as normal during the construction process.
26.515.060.(c) – Parking Management – Review Criteria
• Mobility Plan – Based off the current unit mix, the property is required to provide 207
parking spaces. With the addition of 1 1-bedroom unit and 1 2-bedroom unit, the
property will be required to provide 3 additional spaces. There is on-site parking
available to accommodate the 3 additional spaces.
35
12.10.050 – Space Allotment for Trash and Recycling Storage – Space required for trash
and recycling storage for Multi-Family Developments
• There are 4 trash enclosures currently on-site.
36
TR
U
E
D
I
M
E
N
S
I
O
N
S
1 EXISTING 3 STORY FLOOR PLAN
10
0
L
u
k
e
S
h
o
r
t
C
o
u
r
t
As
p
e
n
,
C
O
8
1
6
1
1
THESE DRAWINGS ARE PRODUCED IN
1
4" SCALE. IF THIS ABOVE DIMENSION
DOES NOT MEASURE WITH A RULER
ONE INCH (1"), THAN THESE DRAWINGS
HAVE BEEN ENLARGED OR REDUCED
THEREFORE AFFECTING THE LABELED
SCALE.
THESE DRAWINGS ARE THE PROPERTY
& COPYRIGHT OF TRUE DIMENSIONS,
ASPEN, CO & SHALL NEITHER BE USED
ON ANY OTHER WORK NOR BE USED
BY ANY OTHER PERSON FOR ANY USE
WHATSOEVER WITHOUT WRITTEN
PERMISSION.
1 " INCH
DN
BEDROOM
BEDROOM
OPEN TO BELOW UO
DN
W/D
BATH
BATH
BATH
BATH
KITCHEN
LIBRARY
LIVING ROOM OFFICE
BREAK ROOM
BEDROOM
UP
STORAGE
6'
-
1
"
7'
-
1
0
1 2"
1'
-
8
"
12
'
-
3
"
29
'
-
0
"
5'-8"4'-43
4"3'-2"5'-23
4"4'-101
2"
24'-101
2"
2'
-
2
1 2"
10
'
-
4
1 2"
15
'
-
8
"
24'-101
2"
7'-103
4"4'-51
2"12'-13
4"
24'-101
2"
6'
-
4
1 2"
5'
-
4
"
28
'
-
7
1 2"
41
'
-
0
3 4"
24'-101
2"
12
'
-
2
"
13
'
-
0
1 2"
11
'
-
8
"
2'
-
5
"
40
'
-
6
"
6'
-
1
1
1 4"
9'
-
9
3 4"
5'
-
5
"
2'-5"2'-13
4"16'-51
2"11'-5"
15
'
-
1
1
3 4"
1'
-
1
1
1 2"
10
'
-
2
1 4"
3'
-
3
1 2"
8'
-
5
"
11'-5"2'-113
4"3'-4"5'-5"8'-61
4"
4'
-
0
1 4"
10
'
-
2
"
1'
-
1
0
3 4"
32'-113
4"
40
'
-
8
1 4"
UPPER LEVEL MIDDLE LEVEL LOWER LEVEL
1-Bedroom UnitLower Level toConvert the office and backroom to a 1-bedroom residential unitProposal is to have unit in Category 5 classification
2-Bedroom UnitMiddle level to be living area for 2-bedroom unitUpper level to be bedrooms for 2-bedroom unitProposal is to have unit in Category 5 classification
756 SF868 SF407 SF
37
1-Bedroom Narrative
Birge and Held is proposing the conversion of the office space at Centennial Apartments,
located at 100 Luke Short Ct, Aspen, CO 81611, into a 1-bed residential unit. The unit will
consist of a kitchen with an oven, cook top, microwave, refrigerator, and bathroom. The unit
is proposed to be Category 5. There is also a playground on-site, public washers and
dryers, and parking will be provided.
2-Bedroom Narrative
Birge and Held is proposing a 2-bedroom unit under Category 5 at Centennial Apartments,
located at 100 Luke Short Ct, Aspen, CO 81611. The unit will consist of a kitchen with an
oven, cook top, microwave, refrigerator, and 3 bathrooms. The unit is currently not rented
and is not listed in a rental category. There is also a playground on-site, public washers and
dryers, and parking will be provided.
38
5243010-F-CO-CR-IND
May 8, 2025
Re: Title Number: 5243010-F-CO-CR-IND
Borrower: New Centennial, LLC, an Indiana limited liability company
Premises:100 Luke Short Court, Aspen, CO 81611
County: Pitkin
Dear Sir/Madam:
With reference to the above captioned matter, enclosed herewith please find our Title Commitment.
If you have any questions regarding same, please contact our office.
We look forward to working with you on this transaction.
Thank you.
Transaction Contacts:
Nick Brinkman 502-653-4818 nbrinkman@kvnational.com
Amy Klute / AKlute@kvnational.com
Tatiana McFadden 317.494.5795 tmcfadden@kvnational.com
Monica Chavez 317.491.2255 mchavez@kvnational.com
39
Title: 5243010-F-CO-CR-IND Date: May 8, 2025
Name of individual or business: New Centennial, LLC, an Indiana limited liability company
County: Pitkin
BANKRUPTCY SEARCH
A Search of the records of the United States Bankruptcy Court has been made with the following results:
There are no record of a bankruptcy search filing for the above-mentioned individual, corporation or
business. The following office(s) have been checked.
The following information is on file
KENSINGTON VANGUARD NATIONAL LAND SERVICES, LLC DOES HEREBY CERTIFY THAT THE ABOVE
GOVERNMENTAL AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND
ACCURATE ABSTRACT OF THE INFORMATION CONTAINED HEREIN, AND NO LIABILITY IS ASSUMED.
40
UNITED STATES PATRIOT ACT NAME SEARCH
Title: 5243010-F-CO-CR-IND
New Centennial, LLC, an Indiana limited liability company
THE ABOVE INDIVIDUAL OR CORPORATION NAME DOES NOT APPEAR ON THE OFFICE OF
FOREIGN ASSETS CONTROL (OFAC) May 8, 2025.
THE SPECIAL DESIGNATED NATIONALS (SDN) LIST IS FREQUENTLY UPDATED. THERE IS NO
PREDETERMINED TIME TABLE, BUT RATHER NAMES ARE ADDED AND REMOVED AS
NECESSARY AND APPROPRIATE.
ALL UNITED STATES PERSONS MUST COMPLY WITH THE OFFICE OF FOREIGN ASSETS
CONTROL (OFAC) REGULATIONS, INCLUDING ALL U.S. CITIZENS, PERMANENT RESIDENT
ALIENS, ALL U.S. INCORPORATED ENTITIES AND THEIR FOREIGN BRANCHES REGARDLESS
OF WHERE THEY ARE LOCATED.
KENSINGTON VANGUARD NATIONAL LAND SERVICES, LLC DOES HEREBY CERTIFY THAT THE ABOVE
GOVERNMENTAL AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE
ABSTRACT OF THE INFORMATION CONTAINED HEREIN, AND NO LIABILITY IS ASSUMED.
41
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)5243010-F-CO-CR-IND
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5243010-F-CO-CR-IND
NOTICE
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL
OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR
THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,
INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED
INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS
COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment
Conditions, First American Title Insurance Company, a Nebraska corporation (the "Company"), commits to issue
the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the
Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has
entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the
Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 Days after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal
characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or other legally protected class.
b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the
Public Records.
42
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5243010-F-CO-CR-IND
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)5243010-F-CO-CR-IND
c. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State
law constitute real property. The term "Land" does not include any property beyond that described in
Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley,
lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access
to and from the Land is to be insured by the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security
instrument, including one evidenced by electronic means authorized by law.
e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association,
issued or to be issued by the Company pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount
of Insurance of each Policy to be issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be
issued pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at the
Commitment Date under which a document must be recorded or filed to impart constructive notice of
matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does
not include any other recording or filing system, including any pertaining to environmental remediation or
protection, planning, permitting, zoning, licensing, building, health, public safety, or national security
matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is
located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, and Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the
Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I-Requirements; and
f. Schedule B, Part II-Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
43
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5243010-F-CO-CR-IND
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)5243010-F-CO-CR-IND
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a
defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the
Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not
liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual
expense incurred in the interval between the Company's delivery to the Proposed Insured of the
Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good
faith reliance to:
i. comply with the Schedule B, Part I-Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first
delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in
good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule
B, Part I-Requirements have been met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the
Proposed Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND
CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is
restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by
the Proposed Insured against the Company must be filed only in a State or federal court having
jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect
to the subject matter of this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express or implied, relating to the
subject matter of this Commitment.
44
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5243010-F-CO-CR-IND
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)5243010-F-CO-CR-IND
d.The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or
obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e.Any amendment or endorsement to this Commitment must be in writing.
f.When the Policy is issued, all liability and obligation under this Commitment will end and the Company's
only liability will be under the Policy.
7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments
and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other
purpose.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage
that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the
pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the
Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment
Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY
SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF
A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING
TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL
CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS
OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL
CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is
$2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the
exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
45
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
Schedule A
5243010-F-CO-CR-IND
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5243010-F-CO-CR-IND
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment
Condition 5.e.:
Issuing Agent: Kensington Vanguard National Land Services, LLC
Issuing Office: 450 E. 96th Street, Suite 500, Indianapolis, IN 46240
Issuing Office's ALTA® Registry ID:
Loan ID No.:
Commitment No.:5243010-F-CO-CR-IND
Issuing Office File No.:5243010-F-CO-CR-IND
Property Address:100 Luke Short Court, Aspen, CO 81611
SCHEDULE A
1. Commitment Date: May 2, 2025 at 08:00 AM
2. Policy to be issued:
a.ALTA Loan Policy (07/01/21)
Proposed Insured:Lender with contractual obligations under a loan agreement with the proposed
borrower associated with the proposed Mortgage to be insured
Proposed Amount of Insurance:$1,000,000
The estate or interest to be insured:Fee Simple, as to Parcel 1, Easement as to Parcels 2, 3, 4 and 6,
Leasehold as to Parcel 5 and Right of Entry as set forth in the
Special Warranty Deed recorded May 25, 2004 at Reception No.
49796, as to Parcel 7
3. The estate or interest in the Land at the Commitment Date is: Fee Simple, as to Parcel 1, Easement as to
Parcels 2, 3, 4 and 6, Leasehold as to Parcel 5 and Right of Entry as set forth in the Special Warranty Deed
recorded May 25, 2004 at Reception No. 49796, as to Parcel 7.
4.The Title is, at the Commitment Date, vested in:
New Centennial LLC, an Indiana limited liability company, by virtue of a Deed from Centennial-Aspen Limited
Partnership, a Colorado limited partnership, dated March 19, 2020 and recorded March 27, 2020 at Reception
No. 663732 , as to Parcel 1, together with easement rights as to Parcels 2, 3, 4, 6, and a Leasehold estate
created by Parking, Agreement, Lease and Easement (as Parcel 5), recorded April 4, 1986 in
Book 508, Page 330 , Pitkin County, Colorado records.
5. The Land is described as follows:
SEE SCHEDULE C ATTACHED HERETO
46
SCHEDULE A
(Continued)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
Schedule A
5243010-F-CO-CR-IND
Kensington Vanguard National Land Services, LLC
By:
Authorized Signatory
47
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
Schedule BI
5243010-F-CO-CR-IND
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5243010-F-CO-CR-IND
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
a.Deed of Trust from New Centennial, LLC, an Indiana limited liability company to Trustee(s) for
Lender with contractual obligations under a loan agreement with the proposed borrower
associated with the proposed Mortgage to be insured, securing the principal amount of
$1,000,000.00.
5. Payment of all taxes, charges, assessments, levied and assessed against the subject premises which are
due and payable:
a. 2024 1st half taxes in the amount of $55,555.80 are paid.
b. 2024 2nd half taxes in the amount of $55,555.80 are unpaid and due June 15, 2025.
48
SCHEDULE B, PART I
(Continued)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BI
5243010-F-CO-CR-IND
6. Satisfaction and releases of the following:
1. Deed of Trust Security Agreement and Assignment of Leases and Fixture Filing to secure an
indebtedness of $34,561,000.00, dated 7/27/2022 and recorded 8/1/2022 in Reception Number 689308 .
TRUSTOR: New Centennial, LLC
TRUSTEE: Public Trustee of Pitkin County, Colorado
BENEFICIARY: Merchants Bank of Indiana
1a. Assignment of Deed of Trust Security Agreement and Assignment of Leases and Fixture Filing made
by Merchants Bank of Indiana to U.S. Bank Trust Company, National Association, as Trustee for the
Registered Holder of Merchants Bank of Indiana Multifamily Housing Mortgage Loan Trust 2023-Q023,
Multifamily Mortgage Pass-Through Certificates, Series 2023-Q023, dated as of 8/31/2023 and recorded
9/5/2023 in Reception Number 697177 .
2. Assignment of Leases and Rents made by and between New Centennial, LLC and Merchants Bank of
Indiana, dated 7/27/2022 and recorded 8/1/2022 in Reception Number 689309 .
2a. Assignment of Mortgage made by Merchants Bank of Indiana to U.S. Bank Trust Company, National
Association, as Trustee for the Registered Holder of Merchants Bank of Indiana Multifamily Housing
Mortgage Loan Trust 2023-Q023, Multifamily Mortgage Pass-Through Certificates, Series 2023-Q023,
dated 8/31/2023 and recorded 9/5/2023 in Reception Number 697178 .
7. Satisfaction, release, or subordination of the following:
a. FINANCING STATEMENTS:
i. UCC-1 Financing Statement naming New Centennial LLC, an Indiana limited liability company, as
debtor, and Merchants Bank of Indiana, as secured party, recorded 8/1/2022 at Reception Number
689310 , as assigned to .S. Bank Trust Company, National Association, as Trustee for the Registered
Holder of Merchants Bank of Indiana Multifamily Housing Mortgage Loan Trust 2023-Q023, Multifamily
Mortgage Pass-Through Certificates, Series 2023-Q023, by a UCC Financing Statement Amendment,
recorded 9/5/2023 at Reception Number 697179 , aforesaid records.
b. JUDGMENTS - NONE FOUND
c. FEDERAL LIENS - NONE FOUND
d. MECHANICS LIENS - NONE FOUND
e. BANKRUPTCIES - NONE FOUND
49
SCHEDULE B, PART I
(Continued)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BI
5243010-F-CO-CR-IND
8. A plat or survey must be submitted which has been made in accordance with “2021 Minimum Standard
Detail Requirements for ALTA/NSPS Land Title Surveys” jointly established and adopted by ALTA and
NSPS, and which meets the accuracy requirements of the appropriate classification of cadastral survey.
Matters disclosed by the survey that in the Company’s judgment constitute defects in title to the property
will be shown as exceptions to coverage under the proposed policy, replacing the general survey
exception currently shown on this.
9. Subject to a continuation search prior to closing of title.
10. The following is required with regard to New Centennial LLC, an Indiana limited liability company:
a) Proof is required that New Centennial LLC is a validly formed Limited Liability Company by providing a
copy of the Certificate of Formation duly filed with the Colorado Secretary of State.
b) A copy of the Operating Agreement and any amendments thereto must be furnished, together with a
certification that the copies furnished are a complete copy of the Agreement, that the Agreement has not
been further amended and the names of the manager(s) authorized to the bind the L.L.C.
c) A certification of any other names used by the L.L.C.
d) Conveyance must be executed by the managers(s) in compliance with the terms of the Operation
Agreement.
e) If a foreign L.L.C., proof of due formation in the State of formation is required, together with proof that
the L.L.C. is duly authorized to do business in the State of Colorado.
11. Certificate of Good Standing from the State of Colorado and the State of Indiana for New Centennial LLC,
an Indiana limited liability company.
12. All current owners of the property must execute and deliver to the Company affidavits which in the
Company's judgment are sufficient to identify rights of claims of parties in possession not shown on the
public records, easements, or claims of easements not shown on the public records, or the occurrence of
any event which could give rise to any lien, or right to a lien, for services, labor or material furnished,
imposed by law and not shown on the public records. Matters disclosed by the affidavits which in the
Company's judgment constitute defects in title to the property will be shown as exceptions to coverage
under the proposed policy.
50
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BII
5243010-F-CO-CR-IND
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5243010-F-CO-CR-IND
SCHEDULE B, PART II
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law.
This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule
B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or
recirculated. Only the remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the
Company:
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all
of the Schedule B, Part I-Requirements are met.
2. Rights or claims of parties in possession not shown by the public records.
3. Easements, or claims of easements, not shown by the public records.
4. Encroachments, overlaps, boundary line disputes, or other matters, which would be disclosed by an
accurate survey and inspection of the premises.
5. Any lien, or right to a lien, for services, labor or material hereto or hereafter furnished, imposed by law and
not shown by the public records.
6. Taxes or special assessments, which are not shown as existing liens by the public records.
7. Taxes for the second half of 2024, payable in 2025, and subsequent years, and any additional taxes,
which may result in rebilling or reassessment of the subject property.
8. Taxes and assessments that become a lien against the property after the date of closing. The Company
assumes no liability for tax increases occasioned by retroactive revaluation or changes in the land usage
for the insured premises.
9. Rights of tenants in possession under unrecorded leases and terms and conditions of any existing
unrecorded lease(s), and all rights of lessee(s) and any parties claiming through the lessee(s) under the
leases(s).
51
SCHEDULE B, PART II
(Continued)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BII
5243010-F-CO-CR-IND
10. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to kaolin, coal,
lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the
Land, together with all rights, privileges, and immunities relating thereto whether or not listed herein. The
Company makes no representation as to the present ownership of any such interests.
11. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance
thereof.
12. Any water rights or claims of title to water, in or under the Land.
13. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Second Amended
Plat of The Centennial Condominium, recorded June 3, 1985 in Plat Book 17, Page 30 , aforesaid
records.
14. Easements, restrictions, reservations, setbacks, notes and matters shown on plat, recorded May 25, 2004
in Plat Book 69, Page 18 , aforesaid records.
15. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Lot 3A, Centennial
Subdivision P.U.D. / Lot 1, Fox Crossing, recorded May 27, 2009 in Plat Book 91, Page 19 , aforesaid
records.
16. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Right of way for
construction and maintenance of pipes, mains, ditches, flumes, dams and reservoirs recorded March 18,
1885 in Book 24, Page 59 , aforesaid records.
17. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Right of way for
water pipes and mains, and for electric transmission pole line recorded January 20, 1887 in
Book 29, Page 582 , aforesaid records.
18. Terms, conditions, provisions, obligations and agreements as set forth in the Agreement recorded (a). The
Bushwacker Mining Company, recorded December 6, 1890 in Book 80, Page 422 . (b). The Della S.
Mining Company, recorded February 2, 1891 in Book 80, Page 580 . (c). The Arkansaw Consolidated
Mining Company, recorded April 20, 1891 in Book 92, Page 66 . (d). The Pontiac Mining Company,
recorded March 29, 1892 in Book 114, Page 1 , aforesaid records.
19. Reservations, exceptions, mining rights, mineral rights, as reserved in United States Patent recorded July
19, 1893 in Book 39, Page 123 ; October 26, 1895 in Book 136, Page 49 ; December 24, 1902 in
Book 55, Page 116 , aforesaid records.
20. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement
Agreement recorded May 18, 1964 in Book 207, Page 109 , aforesaid records.
21. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Grant of
Easement and Agreement recorded October 23, 1978 in Book 356, Page 952 , aforesaid records.
52
SCHEDULE B, PART II
(Continued)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BII
5243010-F-CO-CR-IND
22. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement
Agreement recorded January 9, 1979 in Book 361, Page 306 , aforesaid records.
23. Terms, conditions, provisions, obligations and agreements as set forth in the Resolutions of the Board of
County Commissioners recorded March 22, 1983 in Book 442, Page 320 as Resolution Number 83-20;
February 3, 1984 in Book 460, Page 414 as Resolution Number 84-5; February 13, 1984 in
Book 460, Page 857 as Resolution Number 84-11; February 22, 1984 in Book 461, Page 437 as
Resolution Number 84-10; April 26, 1984 in Book 465, Page 348 as Resolution Number 84-32; April 1,
1985 in Book 483, Page 692 as Resolution Number 85-27, aforesaid records.
24. Terms, conditions, provisions, obligations and agreements as set forth in the Subordination of Mineral
Rights recorded November 11, 1983 in Book 455, Page 199 , aforesaid records.
25. Terms, conditions, provisions, obligations and agreements as set forth in the Improvements Agreement
recorded February 13, 1984 in Book 460, Page 862 , aforesaid records.
26. Terms, conditions, provisions, obligations and agreements as set forth in the Acknowledgment of Use of
Easement recorded October 3, 1984 in Book 474, Page 470 , aforesaid records.
27. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easements
recorded February 2, 1985 in Book 481, Page 205 and February 8, 1985 in Book 481, Page 216 and
March 3, 1986 in Book 506, Page 506 , aforesaid records.
28. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement
Agreement recorded April 25, 1985 in Book 485, Page 159 , aforesaid records.
29. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Grant of Access
Easement and Agreement recorded May 13, 1985 in Book 486, Page 38 , aforesaid records.
30. Terms, conditions, provisions, obligations and agreements as set forth in the Amended Agreement for
Access and Utility Easements recorded April 2, 1986 in Book 508, Page 312 , aforesaid records.
31. Terms, conditions, provisions, obligations and agreements as set forth in the Parking Agreement, Lease,
and Easement recorded April 4, 1986 in Book 508, Page 380 , aforesaid records.
32. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Bill of Sale and
Grant of Easement recorded August 26, 1987 in Book 544, Page 558 , aforesaid records.
33. Terms, conditions, provisions, obligations and agreements as set forth in the License To Use Property
recorded August 28, 1989 in Book 600, Page 406 , aforesaid records.
34. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution Number 94-99
recorded June 27, 1994 in Book 754, Page 204 , aforesaid records.
53
SCHEDULE B, PART II
(Continued)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BII
5243010-F-CO-CR-IND
35.Terms, conditions, provisions, obligations and agreements as set forth in the Lease evidenced by Abstract
of Extended Lease with Automatic Laundry Company recorded September 2, 1994 in
Book 760, Page 431 , aforesaid records.
36.Terms, conditions, restrictions, provisions, obligations and agreements as set forth in the Amended and
Restated Regulatory Agreement and Declaration of Restrictive Covenants recorded December 16, 1996
at Reception Number 400032 , aforesaid records.
37.Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross
Energy Underground Right-of-Way Easement recorded November 27, 2002 at Reception Number
475365 , aforesaid records.
38.Terms, conditions, provisions, obligations and agreements as set forth in the Resolution Number 12
(Series of 2003) recorded July 2, 2003 at Reception Number 484904 , aforesaid records.
39.Terms, conditions, provisions, obligations and agreements as set forth in the Ordinance No. 56, Series of
2003 by Aspen City Council recorded December 16, 2003 at Reception Number 492420 , aforesaid
records.
40.Terms, conditions, provisions, obligations and agreements as set forth in the Special Warranty Deed
recorded May 25, 2004 at Reception Number 497961 , aforesaid records.
41.Terms, conditions, provisions, obligations and agreements as set forth in the Planned Unit Development
and Subdivision Improvements Agreement recorded May 25, 2004 at Reception Number 497962 ,
aforesaid records.
42.Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Third Amended Plat
of the Centennial Subdivision, recorded May 25, 2004 in Plat Book 69, Page 18 . As plotted on the
Survey.
43.Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement for
water line recorded November 22, 2006 at Reception Number 531460 , aforesaid records.
44.Terms, conditions, provisions, obligations and agreements as set forth in the Notice of Approval recorded
May 27, 2009 at Reception Number 559366 , aforesaid records.
45.Terms, conditions, provisions, obligations and agreements as set forth in the Bargain & Sale Deed
recorded June 16, 2009 at Reception Number 559988 , aforesaid records.
46.Terms, conditions, provisions, obligations, easements and agreements as set forth in the Grant of
Easement recorded October 25, 2011 at Reception Number 583819 , aforesaid records.
54
ALTA Commitment for Title Insurance (07-01-2021)
Schedule C
5243010-F-CO-CR-IND
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5243010-F-CO-CR-IND
SCHEDULE C
The Land is described as follows:
All that certain property and improvements thereon, situate, lying and being in the County of Pitkin, State of
Colorado, and is described as follows:
Parcel 1:
Lot 3A, The Centennial Subdivision, according to the Third Amended Plat of the Centennial Subdivision recorded
May 25, 2004 in Plat Book 69 at Page 18 and the Lot Line Adjustment Plat of Lot 3A, Centennial Subdivision
P.U.D. and Lot 1, Fox Crossing recorded May 27, 2009 in Plat Book 91 at Page 19.
Parcel 2:
Together with those easements which are a benefit to above said Lot 3A, as set forth in Permanent Easement
recorded January 13, 1986 in Book 503 at Page 253.
Parcel 3:
Together with the airspace as set forth in Partial Release of Easement recorded February 12, 1986 in Book 505 at
Page 225.
Parcel 4:
Together with those easements which are a benefit to above said Lot 3A, as set forth in Parking Agreement,
Lease, and Easement recorded April 4, 1986 in Book 508 at Page 380.
Parcel 5:
Together with that certain Leasehold Estate for parking spaces, as created by Parking Agreement, Lease, and
Easement recorded April 4, 1986 in Book 508 at Page 380, for a term ending April 4, 2084.
Parcel 6:
Together with those easements which are a benefit as set forth in the Acknowledgment of Use of Easement
recorded October 3, 1984 in Book 474 at Page 470.
Parcel 7:
Together with right of entry set forth In Special Warranty Deed recorded May 25, 2004 at Reception No. 497961.
For Informational Purposes Only:
Parcel ID: 273707427703
55
56
57
58
59
60
61
62
63
Pitkin County Assessor
Developed by
Account
Number
R019726
Parcel
Number
273707427703
Acres 11
Land SqFt 0
Tax Area RealAccount
2019 Mill Levy 32.875
Physical
Address
100 LUKE SHORT CT
ASPEN CO 81611 81611
Owner
Address
NEW CENTENNIAL LLC
8902 N MERIDIAN ST
#205
INDIANAPOLIS, IN
46260
2019 Total Actual
Value
$2,244,500 Last 2 Sales
Date Price
3/16/2020 $50,500,000
n/a $
THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content
Date created: 5/1/2025
Last Data Uploaded: 5/1/2025 1:17:00 PM
507 ft
Overview
Legend
Parcel
64
OWNER'S AFFIDAVIT AND GAP UNDERTAKING
COMMITMENT NO: 5243010-F-CO-CR-IND
STATE OF __________________________
COUNTY OF ________________________
BEFORE ME, the undersigned authority, personally appeared , (the "Affiant"),
of ______________________________, a (the "Owner"),
who first being duly sworn, deposes and says:
1.That Affiant is duly authorized to make this affidavit on behalf of the Owner.
2.That the Owner is the titleholder of that certain real property described in the above-referenced Title Commitment,
commonly known as “___________________________________________________________________ and located at
___________________________________________________________________________________ (the "Property").
3.That the Owner is entitled to possession of the Property, and there is no other person or entity in possession who
has any right in the Property other than those tenants in possession located on the Property and listed on the rent roll
attached hereto as Exhibit "A".
4.That the Owner has not entered into any written agreement, nor is the Owner aware of anyone else entering into
any written agreement with any real estate broker, nor is Owner aware of anyone who has provided licensed services that
resulted in the procuring of a person or entity for the purpose of buying, selling, or otherwise conveying or acquiring any
interest in the Property.
5.That all real estate taxes, special assessments, water and sewer charges and management fees, if any, are fully
paid;
6.That there are no unrecorded labor, mechanics', or materialmen's liens against the Property, and no material has
been furnished to or labor performed upon the Property except such that have been paid for in full.
7.That there are no unrecorded options or contracts to purchase, contracts for deed or mortgage commitments,
sales agreements, participation agreements, mortgages, or unrecorded deeds, easements or rights-of-way for users or
adverse interest with respect to the Property.
8.That there are no unrecorded existing tenancies, leases or other occupancies affecting the Property, except as
shown in Exhibit "A" attached hereto, and that such unrecorded tenancies, leases or other occupancies, if any, contain no
options to purchase the Property or rights of first refusal.
9.That there is no action or proceeding, including but not limited to bankruptcy, which is now pending against Owner
in any State or Federal Court, nor is there any attachment, judgment or other encumbrance which may now constitute a
lien upon the Property, nor are there any claims or pending claims against Owner which may be satisfied through a lien or
attachment against the Property.
10.That the owner has received no written notice (except as may have been disclosed in the public records of the
applicable jurisdiction) of an officially proposed or pending special assessment or a pending taking of any portion of the
Property by any governmental body; and to the undersigned's knowledge, there has been no work done on the Property,
nor notice received that work is to be done on the Property by the municipality (county, city, borough or township), or at its
direction, including but not limited to the installation of water or sewer lines or of other utilities, or for improvements such as
paving or repaving of streets or alleys, or the installation of curbs and sidewalks.
11.That the Owner has not made or caused to be made any structural improvements or structural additions to
existing improvements on the Property since__________ , the date of Survey made by________, Job No.______, each of
which survey is an accurate and complete representation of Tracts I and II, respectively, of the Property and all
improvements and number of parking spaces located thereon as of the date hereof.
12.That Owner has received any and all partnership consents and/or corporate resolutions necessary in order to
authorize the conveyance and/or mortgage of the Property. Should First American Title Insurance Company request a
copy of the consents and/or resolutions, Owner shall furnish copies within a reasonable time period.
65
13.That Owner is not a foreign Person, nor is Owner a “Disregarded Transferor,” but rather is a "United States
person" within the meaning of Section 7701(a)(30) of the Internal Revenue Code of 1986, as amended (the "Code"), and
that Owner's true and correct United States taxpayer identification number (or Social Security number) is set forth below
opposite the signature of Owner. Owner is making the statements set forth herein for the purpose of releasing the
Purchaser and/or Settlement Agent from any withholding obligation which might otherwise be imposed under Section
1445(a) of the Code.
THIS AFFIDAVIT is made for the purpose of inducing Kensington Vanguard National Land Services, LLC and First
American Title Insurance Company to issue a title insurance policy or other title evidence, and if acting as escrow or
closing agent, then to disburse any funds held as escrow or closing agent. Affiant hereby indemnifies and agrees to save
harmless Kensington Vanguard National Land Services, LLC and First American Title Insurance Company against any
damages or expense, including attorney fees, sustained as a result of any of the foregoing matters not being true and
accurate and further indemnifies Kensington Vanguard National Land Services, LLC and First American Title Insurance
Company as to defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing on the public
records or attaching subsequent to the effective date of the above-referenced Commitment but prior to the effective date
of such title insurance policy or policies or other title evidence.
Nothing in this Affidavit shall affect in any way title insurance coverage heretofore provided to Owner by Kensington
Vanguard National Land Services, LLC and First American Title Insurance Company or its affiliates, or their respective
predecessors-in-interest, with respect to the Property.
I understand, acknowledge, and authorize that the Title Agency may place the funds associated with this transaction in
interest-bearing accounts that may provide a financial benefit, including fees, interest, or credits, to the Title Agency,
unless my written instructions state otherwise or it is otherwise restricted or prohibited by law.
Dated as of this ______ day of _________________________, 2025.
US Taxpayer ID No.:
By:
Title:
Subscribed and sworn to before me this ______day of ______, _______.
By _______________________________________________________
________________________________
Notary Public
66
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information
particularly any personal or financial information. We agree that you have a right to know how we will
utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to
govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the
manner in which we may use information we have obtained from any other source, such as information
obtained from a public record or from another person or entity. We have also adopted broader guidelines
that govern our use of personal information regardless of its source.
Types of Information Depending upon which of our services you are utilizing, the types of nonpublic
personal information that we may collect include:
• Information we receive from you on applications, forms or in other communications to us,
whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliate companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such information indefinitely, including the period after which any customer
relationship has ceased. Such information may be used for any internal purpose, such as quality control
efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed
above to one or more of our affiliated companies. Furthermore, we may also provide all the information we
collect, as described above, to companies that perform marketing services on our behalf, on behalf of our
affiliate companies, or to other financial institutions with whom we or our affiliate companies have joint
marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information.
We restrict access to nonpublic personal information about you to those individuals and entities who need
to know that information to provide products or services to you. We will use our best efforts to train and
oversee our employees and agents to ensure that your information will be handled responsibly and in
accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
67
Name: New Centennial LLC
Address: 100 LUKE SHORT CT, ASPEN, CO 81611
Representative: Kason Curtis
Representative Phone Number: 432-488-6775
68
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
□
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying that the scope of work included in the land use application
complies with all applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name: Kason Curtis
Email: kcurtis@birgeandheld.com Phone No.: 324-488-6775
Address of 100 Luke Short Ct, Aspen, CO 81611 Property:
(subject of
application)
I certify as follows: (pick one)
This property is not subject to a homeowner association or other form of private covenant.
□ This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary.
□ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: Date: 4/15/2025
Owner printed name: Andrew J. Held
or,
Attorney signature: Date:
Attorney printed name:
69
6Site Plan \\ 21 July 2021
CENTENNIAL APARTMENTS_ASPEN CO
01.0 \\ SITE CONTEXT: Existing Conditions
Parcel Area: 10.487 Acres
EXISTING SITE
MULTIFAMILY BUILDING Unit Count NSF / unit Total NSF % of Unit Mix
STUDIO 41 459 18,819 27.7%
1 BEDROOM 48 641 30,768 32.4%
2 BEDROOM 45 881 39,645 30.4%
3 BEDROOM 14 1,097 15,358 9.5%
Total UNITS 148 104,590 100.0%
Max Building Height:3-Stories
Parking Spaces:231
70
TR
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E
D
I
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E
N
S
I
O
N
S
1 EXISTING 3 STORY FLOOR PLAN
10
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1
1
THESE DRAWINGS ARE PRODUCED IN
1
4" SCALE. IF THIS ABOVE DIMENSION
DOES NOT MEASURE WITH A RULER
ONE INCH (1"), THAN THESE DRAWINGS
HAVE BEEN ENLARGED OR REDUCED
THEREFORE AFFECTING THE LABELED
SCALE.
THESE DRAWINGS ARE THE PROPERTY
& COPYRIGHT OF TRUE DIMENSIONS,
ASPEN, CO & SHALL NEITHER BE USED
ON ANY OTHER WORK NOR BE USED
BY ANY OTHER PERSON FOR ANY USE
WHATSOEVER WITHOUT WRITTEN
PERMISSION.
1 " INCH
DN
BEDROOM
BEDROOM
OPEN TO BELOW UO
DN
W/D
BATH
BATH
BATH
BATH
KITCHEN
LIBRARY
LIVING ROOM OFFICE
BREAK ROOM
BEDROOM
UP
STORAGE
6'
-
1
"
7'
-
1
0
1 2"
1'
-
8
"
12
'
-
3
"
29
'
-
0
"
5'-8"4'-43
4"3'-2"5'-23
4"4'-101
2"
24'-101
2"
2'
-
2
1 2"
10
'
-
4
1 2"
15
'
-
8
"
24'-101
2"
7'-103
4"4'-51
2"12'-13
4"
24'-101
2"
6'
-
4
1 2"
5'
-
4
"
28
'
-
7
1 2"
41
'
-
0
3 4"
24'-101
2"
12
'
-
2
"
13
'
-
0
1 2"
11
'
-
8
"
2'
-
5
"
40
'
-
6
"
6'
-
1
1
1 4"
9'
-
9
3 4"
5'
-
5
"
2'-5"2'-13
4"16'-51
2"11'-5"
15
'
-
1
1
3 4"
1'
-
1
1
1 2"
10
'
-
2
1 4"
3'
-
3
1 2"
8'
-
5
"
11'-5"2'-113
4"3'-4"5'-5"8'-61
4"
4'
-
0
1 4"
10
'
-
2
"
1'
-
1
0
3 4"
32'-113
4"
40
'
-
8
1 4"
UPPER LEVEL MIDDLE LEVEL LOWER LEVEL
1-Bedroom UnitLower Level toConvert the office and backroom to a 1-bedroom residential unitProposal is to have unit in Category 5 classification
2-Bedroom UnitMiddle level to be living area for 2-bedroom unitUpper level to be bedrooms for 2-bedroom unitProposal is to have unit in Category 5 classification
756 SF868 SF407 SF
71