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HomeMy WebLinkAboutlanduse case.gm.Ranger Station Sub.0063.2015.ASLU0063.2015 . ASLU 1 W, 2�LOTS 5T RANG T_AIIS N GMQS ALLOTMENT cAA e, �a I& External Media Located Here M-026568 RMMI 9 -P r " 109 1 Lj THE CITY OF .ASPEN City of Aspen Community Development Department CASE NUMBER 0063. 2015.ASLU PARCEL ID NUMBERS 2735 124 28 002 PROJECT ADDRESS LOTS 1 & 2 RANGER STATION PLANNER JENNIFER PHELAN CASE DESCRIPTION GMQS ALLOTMENT REPRESENTATIVE CURTIS SANDERS DATE OF FINAL ACTION 10/8/2015 CLOSED BY ANGELA SCOREY ON: 12/13/2015 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Loh ', o J o� i(ownf 54Jo'� Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, i(/-6 (r/l�a,� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: _ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy o the publ' tion is attached hereto. ignature The fore oing "Affidavit of Notice" was acknowled ed before me this 'day of , 20k_&by WTINESS MY HAND AND OFFICIAL SEAL My commission expires: PUBLICO ONOTICE DEVELOPMENT APPROVAL Notice is hereby given to tI'che general public of the and ufl5uant to Notary ublic hn, e issuance of a vese, propeMPght pnt Code of the City of Aspen and Title -1.2 the Land Uthe REED PATTEJRN pse �9 oicleT n;.%e9aev=sbedasL Ranger Station Subdivision. The approval low. - I�AREN NOTARY PUBLIC and 3, grants a development allotment to each lot alloW- lot,o be developed Wit" a s'ng1e ATTACHMENTS • STATE OF COLORA ;ng fOf each if ly residence. It also determines that the slopes on lot 3 are manmade. For further informa- NOTARY ID #1996400 present IDep 130 S!tGalen: Stt. r,1y Commission Expires February OommunrytDevehopment -, Colorado (970) 429-2759. COPY OF THE PUBLICA770N Aspen, City of AspenThe Aspen Times on October 8, 2015. Published m (11586660) �� - 9 DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: CCI Lot 3, LLC, c/o Curtis Sanders Sherman and Howard, 320 W. Main Street, Aspen, CO 81611 Legal Description and Street Address of Subiect Property: Lots 3, Ranger Station Subdivision Written Description of the Site Specific Plan and/or Attachment Describing Plan: The approval grants a development allotment to each lot allowing for the lots to be developed with a single family residence and determining that the steep slopes present on the lot are manmade. City Council Ordinance No. 33, Series 2015. Effective Date of Development Order: October 8, 2015 (Same as date of publication of notice of approval.) Expiration Date of Development Order: October 9, 2018 (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 81h day of October 2015 by the City of Aspen Community Development Director. Deputy Planning Director for elonment Director City of Aspen ORDINANCE. NO. 33 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT REVIEWS, DETERMINING THE PRESENCE OF MANMADE SLOPES, AND VESTED PROPERTY RIGHTS FOR LOT 3, RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 273512428003 WHEREAS, the Community Development Department received applications from St. George Investments LLC and CCI Lot 3, LLC represented by Curtis Sanders of Sherman and Howard, requesting approval of growth management reviews for three residential development allotments, and a determination on steep slopes for the calculation of Floor Area for Lot 3; and, WHEREAS, the property is zoned Medium Density Residential, R-6 with a Planned Development Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department supported the requests as proposed and recommended in favor of the proposal; and, WHEREAS, pursuant to Section 26.470.090(3) City Council may accept a cash -payment -in -lieu for required affordable housing or Affordable Housing .Credits via a combined review, and may determine whether natural grade has been manipulated through a combined review during a duly noticed public hearing after considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on September 28, 2015, the City Council approved Ordinance No. 33, Series of 2015, by a five to zero (5 — 0) vote, approving the land use requests; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 33, Series 2015 Page 1 of 3 Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the "Code"), City Council hereby grants approval of one residential development allotment for Lot 3, of the Ranger Station Subdivision. Such approval is conditioned on the following: A. A cash -in -lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable Floor Area permitted for a single family home on each lot, shall be paid prior to the issuance of a building permit for each lot. The amount of mitigation currently required for each lot is calculated as follows, based on subsection 26.470.070(b), Residential Development — sixty (60%) affordable, of the land use code: Max. Allowable Floor Area * .3 = AH Floor Area Required AH Floor Area Required / 400 = Full Time Equivalent Employees ("FTEs") FTES * Category 4 Cash -in -Lieu Rate = Total Amount Due The amount of mitigation required, via a Certificate or cash -in -lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash -in -lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building application. B. The areas of steep slopes within Lot 3 are determined to be and deemed to be manmade and shall not be deducted from the lot size when calculating the net lot area of each lot. Other than the areas of steep slopes, the calculation of net lot area of each lot shall be calculated pursuant to the Code as it exists as of the date an application is made for a building permit for the particular lot. C. The requirements set forth above must be satisfied at the time a building permit is sought. Section 2: Vested Riehts The development approvals granted herein shall constitute a vested property right attaching to and running with each of the individual lots for a period of three (3) years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 33, Series 2015 Page 2 of 3 Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the "Code"), City Council hereby grants approval of one residential development allotment for Lot 3, of the Ranger Station Subdivision. Such approval is conditioned on the following: A. A cash -in -lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable Floor Area permitted for a single family home on each lot, shall be paid prior to the issuance of a building permit for each lot. The amount of mitigation currently required for each lot is calculated as follows, based on subsection 26.470.070(b), Residential Development — sixty (60%) affordable, of the land use code: Max. Allowable Floor Area * .3 = AH Floor Area Required AH Floor Area Required / 400 = Full Time Equivalent Employees ("FTEs") FTES * Category 4 Cash -in -Lieu Rate = Total Amount Due The amount of mitigation required, via a Certificate or cash -in -lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash -in -lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building application. B. The areas of steep slopes within Lot 3 are determined to be and deemed to be manmade and shall not be deducted from the lot size when calculating the net lot area of each lot. Other than'the areas of steep slopes, the calculation of net lot area of each lot shall be calculated pursuant to the Code as it exists as of the date an application is made for a building permit for the particular lot. C. The requirements set forth above must be satisfied at the time a building permit is sought. Section 2: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with each of the individual lots for a period of three (3) years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 33, Series 2015 Page 2 of 3 Section 4: Existing Litigation , This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Apurovals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Public Hearing A public hearing on this ordinance shall be held on the 28 h day of September, 2015, at a meeting of the Aspen City Council commencing at 4:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24`h day of August, 2015. A st: �1,in"daManning, Ci Clerk FINALLY, adopted, passed and approved this 28th day of September, 2015. est: Linda Manning, City Clerk Approved as to form: amen R. True, City Attorney l� Steven Skad in, Mayor Ordinance No 33, Series 2015 Page 3 of 3 DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: St. George Investments, LLC, c/o Curtis Sanders Sherman and Howard, 320 W. Main Street, Aspen, CO 81611 Legal Description and Street Address of Subiect Property: Lots 1 and 2, Ranger Station Subdivision Written Description of the Site Specific Plan and/or Attachment Describing Plan: The approval grants a development allotment to each lot allowing for the lots to be developed with a single family residence. City Council Ordinance No. 32, Series 2015. Effective Date of Development Order: October 8, 2015 (Same as date of publication of notice of approval.) Expiration Date of Development Order: October 9, 2018 (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 81h day of October 2015 by the City of Aspen Community Development Director. Deputy Planning Director for elopment Director City of Aspen ORDINANCE NO. 32 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT REVIEWS AND VESTED PROPERTY RIGHTS FOR LOTS 1 AND 2, RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL IDs: 273512428001 and 273512428002 WHEREAS, the Community Development Department received applications from St. George Investments LLC and CCI Lot 3, LLC represented by Curtis Sanders of Sherman and Howard, requesting approval of growth management reviews for three residential development allotments, and a determination on steep slopes for the calculation of Floor Area for Lot 3; and, WHEREAS, the property is zoned Medium Density Residential, R-6 with a Planned Development Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department supported the requests as proposed and recommended in favor of the proposal; and, WHEREAS, pursuant to Section 26.470.090(3) City Council may accept a cash -payment -in -lieu for required affordable housing or Affordable Housing Credits via a combined review, and may determine whether natural grade has been manipulated through a combined review during a duly noticed public hearing after considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and, has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on September 28, 2015, the City Council approved Ordinance No. 32, Series of 2015, by a five to zero (5 — 0) vote, approving the land use requests; and, WHEREAS, the, City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 32, Series 2015 Page i of 3 0 .0 Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the "Code"), City Council hereby grants approval of two residential development allotments, one each for Lots 1 and 2, of the Ranger Station Subdivision. Such approval is conditioned on the following: A. A cash -in -lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable Floor Area permitted for a single. family home on each lot, shall be paid prior to the issuance of a building permit for each lot. The amount of mitigation currently required for each lot is calculated as follows, based on subsection 26.470.070(b), Residential Development — sixty (60%) affordable, of the land use code: Max. Allowable Floor Area * .3 = AH Floor Area Required AH Floor Area Required / 400 = Full Time Equivalent Employees ("FTEs") FTES * Category 4 Cash -in -Lieu Rate = Total Amount Due The amount of mitigation required, via a Certificate or cash -in -lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash -in -lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building application. B. Lot 1 and Lot 2 may be developed separately. The requirements set forth above must be satisfied at the time a building permit is sought. Section 2: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with each of the individual lots fora period of three (3) years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 32, Series 2015 Page 2 of 3 0 .0 Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the "Code"), City Council hereby grants approval of two residential development allotments, one each for Lots 1 and 2, of the Ranger Station Subdivision. Such approval is conditioned on the following: A. A cash -in -lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable Floor Area permitted for a single. family home on each lot, shall be paid prior to the issuance of a building permit for each lot. The amount of mitigation currently required for each lot is calculated as follows, based on subsection 26.470.070(b), Residential Development — sixty (60%) affordable, of the land use code: Max. Allowable Floor Area * .3 = AH Floor Area Required AH Floor Area Required / 400 = Full Time Equivalent Employees ("FTEs") FTES * Category 4 Cash -in -Lieu Rate = Total Amount Due The amount of mitigation required, via a Certificate or cash -in -lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash -in -lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building application. B. Lot 1 and Lot 2 may be developed separately. The requirements set forth above .must be satisfied at the time a building permit is sought. Section 2: Vested Rishts The development approvals granted herein shall constitute a vested property right attaching to and running with each of the individual lots for a period of three (3) years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 32, Series 2015 Page 2 of 3 Section 4: Existing Litieation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Approvals 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 City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Public Hearin A public hearing on this ordinance shall be held on the 28`h day of September, 2015, at a meeting of the Aspen City Council commencing at 4:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24 h day of August, 2015. A st: Linda Manning, City Cle k FINALLY, adopted, passed and approved this 28th day of September, 2015. Att : 7 mda Manning, City Cler Steven Skadr , Mayor Approved as to form: Jp4es R. True, City Attorney Ordinance No 32, Series 2015 Page 3 of 3 0 0 Reeular Meetine Aspen City Council September 28, 2015 Councilman Myrin asked if we took what we are considering and applied it just before and after the last peek would it have been able to have housed an employee. Mr. Kosdrosky replied he can see. Councilman Frisch moved to read Ordinance #37, Series of 2015; Seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO. 37 (SERIES OF 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN LAND USE CODE SECTION 26.470.100.A — CA.LCULATIONS; EMPLOYEE HOUSING AND MITIGATION, TO ADOPT A REVISED AFFORDAGLE HOUSING MITIGATION FEE -IN -LIEU RATE SCHEDULE Councilwoman Mullins moved to adopt Ordinance #37, Series of 2015 on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, yes; Daily, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #32 & 33, SERIES OF 2015 — Ranger Station Subdivision, Lots 1, 2, & 3- Growth Management Allotments Jennifer Phelan, community development, told the Council, this is a five lot subdivision created by a plat that was recorded by the forest service in 2013. It is part of a larger parcel known as the forest service property. The City did not object to the subdivision or the creation of the lots but we did put the forest service on notice that the lots would require a development allotment each to meet city standards. Two out of the five lots (4 and 5) have already requested and were granted allotments by Council review and were determined that the slopes were manmade in April of 2015. This application is similar to that one. This request is for one development allotment per each lot, pay for cash in lieu or affordable housing credits and lot three is requesting a determination that the slopes are manmade as a result of the SI Johnson ditch. In regard to Growth management, they are required to build a single family residence and to permit affordable housing by credits or cash payment in lieu. The lots are just over six thousand square feet each and only permit a single family home to be developed. The requirement is if each lot is developed to the maximum, the applicants would look to mitigate to 2.43 FTEs at a category four or pay cash in lieu of 350,000 dollars. Cash in lieu is permitted by a Council review. The second request is to determine the steep slopes on lot three is from the SI Johnson ditch. The historical image shows the area looks relatively flat and Staff feels determining the slopes are manmade is reasonable. Curtis Sanders, representing the applicant, said the approval of the development allotment is consistent with what was done with lots four and five. The request is for Council to approve the mitigation with cash in lieu or certificates. On site mitigation is not practical. The third request is to determine that the slopes for lot three are manmade. The approvals would be consistent with what was done on lots four and five. Councilman Daily said these requests are entirely consistent with what was granted with lots four and five and he would have a difficult time distinguishing between the two situations. Councilman Myrin asked if Exhibit A removes the option of mitigation with offsite units. Are we removing the offsite opportunity to provide affordable housing down the road. Ms. Phelan replied she does not think so. Any offsite unit would have to go through a growth management review. It does permit cash in lieu. Councilman Frisch said Councilman Daily said it well. We should be consistent. Reeular Meeting Aspen City Council September 28, 2015 Mayor Skadron asked why is it necessary these lots need to be consistent with four and five. Mr. Sanders replied it is a more appropriate question back to Council. Similarly situated properties with the same constraints ought to be given the same rights by Council. There was some curiosity to see how things went with four and five. Ms. Phelan said there are a lot of unique approvals within the city and treating a subdivision similar is helpful. Mr. True said there are unique circumstances within these properties one being consistence and the inability to find distinctions between the applications. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #32, Series of 2015; seconded by Councilman Frisch. Roll call vote. Councilmembers Myrin, yes; Daily, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Councilman Frisch moved to adopt Ordinance #33, Series of 2015; seconded by Councilman Daily. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Myrin, yes; Frisch, yes; Mayor Skadron, yes. Motion carries. ORDINANCE #36, SERIES OF 2015 — Timeshare Code Amendment Ms. Garrow told the Council last December Council approved a policy resolution to process amendments related to lodging. This resolution directed staff to address small lodges then general updates including timeshares. This amendment does not make timesharing any easier or harder it just clarifies the process. It focuses on physical and operational characteristics. Timeshare is a form of ownership not a land use. Timeshare continues to be a viable lodging process in Aspen. An example of a recent project is the Sky Hotel. 11 of the 104 lodge units are timeshare units. It replaced a free market component that might have lay dormant for part of year. The six proposed changes are: 1. Updates terminology and adds timeshare lodge development and timeshare residential development. 2. Updates locations where timeshares can occur including all zones where lodging can occur. 3. Updates estates (number of ownership interests a timeshare can be divided into). 4. Clarifies occupancy limits. Limit to 30 consecutive days and 90 days per calendar year. 5. Updates process so timeshare development is treated the same as any other development. 6. Updates review criteria. Removes portions that conflict with the land use code and state statutes. Staff has talked to other mountain communities and the trend is to simplify the process. Staff is recommending we simplify the regulations not eliminate them. Councilwoman Mullins said it is a good clean up. Councilman Daily said he agree. Councilman Myrin asked if the Sky had this in place it would not have had to come through as a PD. Ms. Garrow said original request had height and floor area variations that would have triggered the planned development review. They amended the application to remove those variations so at the end of the day it was just the timeshare ownership that was reviewed for planned development so with this proposed change it would not have been reviewed. It would still have been subject to commercial design review. Councilman Myrin asked if this was in place there would be no notice to neighbors. Ms. Garrow said there would absolutely be notice. The Sky is a complex case. It required conditional use review, growth management review as well as commercial design review. All of those happen at a public hearing with the Planning & Zoning Commission. Neighbors would have received notice in the paper, mailing and posting just like any other public hearing. The difference is there would not have been the planned development or subdivision reviews. Councilman Myrin asked if the review would have come to Council. Ms. Garrow said it would have come to Council through the commercial design review call up. Councilman Myrin asked if this removes the opportunity for the neighbors to do a referendum on the • P558 MEMORANDUM TO: Mayor Skadron and City Council FROM: Jennifer Phelan, Deputy Planning Director RE: Lots 1, 2 & 3, Ranger Station Subdivision — Growth Management Allotments and a Determination, 2nd Reading of Ordinance Nos. 32 & 33 (Series of 2015) — Public Hearing MEETING DATE: September 28, 2015 APPLICANT /OWNER: St. George Investments, LLC (owner of Lots 1 & 2) and CCI Lot 3, LLC (owner of Lot 3) REPRESENTATIVE: Curt Sanders, Sherman & Howard LLC LOCATION: Lots 1, 2 and 3, Ranger Station Subdivision CURRENT ZONING & USE Located in the Medium Density Residential (R-6) zone district with a Planned Development (PD) overlay PROPOSED LAND USE: The Applicants are requesting three development allotments for Lots 1, 2, and 3, the ability to provide affordable housing mitigation via a cash payment - in -lieu or Affordable Housing Credits, and a determination that slopes are manmade on Lot 3. STAFF RECOMMENDATION: Staff recommends that the City Council approve the development allotments request conditioned on 1) the use of Affordable Housing Credits or a cash payment —in -lieu as mitigation for the allotments and 2) a determination that the steep slopes present on Lot 3 are manmade. `7 R-6 PD MU i , R,'MF PD spenGlS � �� Vicinity/zone district map of the site IX.a 0 P559 IX.a QUESTIONS FROM FIRST READING (8/24/15) The City Council raised a question at first reading that is noted and discussed below. 1) Are the slopes on Lot 3 manmade? Did Council get it right the first time? • Staff has included the image provided by Mike Hoffman (via the historical society) as Exhibit D of this memo. It does appear the subject property was relatively flat and that subsequent changes in topography appear related to the Si Johnson ditch. Staff believes it is reasonable to assume that the slopes associated with Lot 3 area manmade. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicants have requested a combined review, in which all reviews and decisions are granted by City Council. The following land use approvals from the City Council are being requested: Growth Management Quota System (GMQS) Reviews (Chapter 26.470) for free-market residential development and allotments. (As a combined review, the City Council is the final review authority.) A Determination for Lot 3 concluding that the areas of steep sloyes present on the site are manmade and should not be deducted when calculating Floor Area pursuant to Land Use Code Section 26.575.020, Calculations and Measurements (As a combined review, the City Council is the final review authority). In 2015 City Council reviewed a similar application for Lots 4 and 5 of the Ranger Station subdivision and approved an ordinance that granted issuance of two residential development allotments, permitted affordable housing mitigation to be paid via cash -in -lieu or Affordable Housing Credits, determined that any steep slopes present on the property were manmade and therefore not deducted from gross lot area, and provided vested rights for three years. BACKGROUND: The United States Forest Service (USFS) property is located in the West End of Aspen and the property is comprised of multiple lots and blocks as well as portions of alleys and W. Francis Street that were never improved (Figure 1). The property was originally platted as part of the Aspen Townsite Map of 1880 and the USFS came into ownership of the subject property in 1940. In 2012 USFS officials met with city officials in a series of meetings and discussed their intent to redevelop the administrative campus as well as sell off a portion of the property. As a federal agency, the officials represented that they were not subject to the city's jurisdiction. On May 22, 2013, the United States Forest Service (USFS) recorded a survey with the Pitkin County clerk and recorder. Entitled `Ranger Station Subdivision', the survey (which was not approved and signed by the city) created five separate lots from the federal agency's property that is bounded by N. Eight Street, W. Smuggler Street and N. Seventh Street (Figure 2). Page 2 of 6 P560 Ix.a Figure 1: A portion of the Aspen Townsite Plat figure 2: Ka Ftm. OrWnal 3,1' m. s ra,.;tn ow m.I "V 20' As a result of the filing of the survey, the community development department began to field inquiries on the lots. Staff provided a summary on the development issues associated with the lots prior to their sale, most notably the fact that the lots had not been approved through a city process and that the lots had not received growth management development allotments (Exhibit B). During these discussions, it was made clear to the USFS and to potential buyers of the property that the city would not object to the subdivision of the property, although the USFS did not go through with a subdivision process. However, as noted above, the summary emphasized that each lot would require a GMQS allotment. All of the lots have been purchased and a land use application has been submitted for the remaining three lots, with the intent of receiving a development allotment for each. ;er Marion Jubctivision, zu i i Ito STAIFer S75 �)S OF 60 br11� B YCS) 170J3, 60.0& cv La 1 fy 6 62l ,,q 11 0: r, �VLott W1 fq 11 _o �- 2 La) / we to 6.619 eqA ya"+ ` ueiu y / • C•aiellne / y Si kh—Dio Log 4 �y,''���j 11.613 94A La 5 )IJ.J? / 7490 Sq.M. /'� —.:, — — BlockC.9.1- a . 9 110 .00 J&— Dirk PROJECT SUMMARY: The Applicants, St. George Investments, LLC and CCI Lot 3, LLC request a total of three development allotments, one each for Lots 1, 2 and 3 of the Ranger Station subdivision so that each lot can be developed residentially. The lots are located in the Medium Density Residential Page 3 of 6 • 0 P561 IX.a (R-6) zone district with a Planned Development (PD) overlay and exceed the minimum lot size required for the zone district. The Applicants are asking to pay a cash payment -in -lieu or extinguish Affordable Housing Credits for any affordable housing mitigation associated with the three development allotments being requested. Lot 3 is requesting that the steep slopes present on the site be determined to be manmade, similar to the determination made for Lots 4 and 5. LAND USE REVIEWS: Growth Management Review for Affordable Housing: In most instances a multi -lot subdivision requires the development of affordable housing mitigation in the form of physical units. Examples of subdivisions that include a certain ratio of free-market to affordable housing development include Trainors Landing (Barbee PUD) near Koch Park and Alpine Cottages off of E. Cooper and Alpine Court. In this case, if the USFS had gone through a city review a minimum of 60% of the units and 30% of the project's Floor Area would have been required to be developed as affordable housing. In cases where a "project consists of only one (1) free market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent of the project's total floor area and deed -restricted as a Category 4 "for sale" unit" shall qualify to receive a development allotment. Based upon the previously quoted code language, the required affordable housing mitigation for each lot to receive a development allotment is 30% of the lot's maximum allowable Floor Area. Generally speaking, affordable housing is permitted to be developed on site, off -site, via the extinguishment of Affordable Housing Credits (AHCs), a cash payment in lieu, or through a combination of these methods. The intent of the mitigation requirement applicable to these lots is for a physical unit; however, the three subject lots do not permit more than one dwelling unit on the property. The Applicants are requesting to provide the required mitigation for each lot through payment - in -lieu or through the extinguishment of Affordable Housing Credits to be calculated when a building permit application is submitted for each lot. Table 1: Payment -in -Lieu for a Single -Family Residence (based on current fee schedule) Mitigation required for a lot without a Develo went Allotment Maximum AH Mitigation FTE Payment -in - Floor Areal (30% of Conversion lieu for FTEs Maximum (AH Mitigation (FTEs x Floor Area) / 400) Category 4 Cash -in -lieu, $144,393) Lot 1 3,243 sq. ft. 973 sq. ft. 2.43 FTEs $350,874.99 Lot 2 3,242 s . ft. 973 sq. ft. 2.43 FTEs $350,874.99 Lot 3 3,242 sq. ft. 973 sq. ft. 2.43 FTEs $350,874.99 ' The area of the alley, approximately 600 sq. ft., has been deducted from each lot in calculating Floor Area. 2 The area of steeps slopes has not been deducted from lot size, with the assumption that the slopes are manmade. Page 4 of 6 • • P562 IX.a Staff Comment: The intent of the mitigation requirement is a physical `for sale" affordable housing unit. Although the subject lots cannot accommodate an additional dwelling based upon the lot size, other mitigation options include providing an off -site unit or extinguishing AHCs. Staff supports the Applicants' request of payment in lieu or the provision of credits, as it is similar to what was approved by City Council for Lots 4 and S. Determination — manmade slopes: The entire USFS property is designated with a PD overlay, inclusive of the newly created lots. A single family or duplex residence is permitted to be developed on a property, without a PD review, if the development is compliant with the underlying zone district requirements. The maximum density permitted on each lot is a single-family residence. The three lots contain a portion of an access easement (formerly part of the alley of Block 9). No steep slopes appear to be present on Lots 1 or 2 but are on Lot 3. The Si Johnson Ditch runs through part of Lot 3. Page 5 of 6 • • P563 Ma The Applicants recognize that the area associated with the former alley, will be deducted from Gross Lot Area in the calculation of Allowable Floor Area. This alley area is approximately 600 sq. ft. per lot and similar to what was previously required of Lots 4 and 5. Lot 3 is requesting that the steep slopes associated with the lot not be deducted from Gross Lot Area as they appear to be manmade. Again, during the review of the development allotments for Lot 4 and 5, City Council determined that the slopes were manmade and need not be deducted from the Gross Lot Area. Staff Comment: All city lots are subject to potential deductions in lot size when calculating Net Lot Area if they contain steep slopes, easements, previously vacated rights of way, bodies of water and similar features. Staff supports the Applicants' request to deduct the former r-o-w from Gross Lot Area and for Council to determine that the steep slopes are manmade. REFERRAL AGENCY COMMENTS: The housing authority has been referred on this application, and the formal referral is included as Exhibit E. RECOMMENDATION: A growth management development allotment is being requested for Lots 1, 2 and 3. Typically, on -site affordable housing mitigation is associated with a multi -lot subdivision; however, in this case on -site affordable housing is not a practical solution given the density allowances associated with the lots (as only a single-family residence is permitted). The Applicants have requested the ability to pay a fee -in -lieu or extinguish affordable housing credits for mitigation purposes. This is the same as what was permitted for the owner of Lots 4 and 5 earlier this year. Staff supports this request. The applicant for Lot 3 is requesting that the Council determine that the steep slopes on site are manmade, as was determined for Lots 4 and 5. Staff supports this request as it is consistent with what was approved via Ordinance No. 16 (Series of 2015). Finally two ordinances have been provided, as there are different ownership interests associated with the lots. Staff recommends that the ordinances be approved. PROPOSED MOTION: "I move to approve Ordinances 32 and 33 granting a manmade slope determination and Growth Management Reviews for Lots 1, 2 and 3." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A — Growth Management Review Criteria EXHIBIT B— Staff Development Summary EXHIBIT C— Application EXHIBIT D— Historical Image EXHIBIT E— APCHA Referral Page 6 of 6 • • P564 ORDINANCE NO. 32 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT REVIEWS AND VESTED PROPERTY RIGHTS FOR LOTS 1 AND 2, RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL IDs: 273512428001 and 273512428002 WHEREAS, the Community Development Department received applications from St. George Investments LLC and CCI Lot 3, LLC represented by Curtis Sanders of Sherman and Howard, requesting approval of growth management reviews for three residential development allotments, and a determination on steep slopes for the calculation of Floor Area for Lot 3; and, WHEREAS, the property is zoned Medium Density Residential, R-6 with a Planned Development Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department supported the requests as proposed and recommended in favor of the proposal; and, WHEREAS, pursuant to Section 26.470.090(3) City Council may accept a cash -payment -in -lieu for required affordable housing or Affordable Housing Credits via a combined review, and may determine whether natural grade has been manipulated through a combined review during a duly noticed public hearing after considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on September 28, 2015, the City Council approved Ordinance No. 32, Series of 2015, by a ---- to ---- (—) vote, approving the land use requests; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Ordinance No 32, Series 2015 Pagel of 3 IX.a C] • P565 IX.a Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the "Code"), City Council hereby grants approval of two residential development allotments, one each for Lots 1 and 2, of the Ranger Station Subdivision. Such approval is conditioned on the following: A. A cash -in -lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable Floor Area permitted for a single family home on each lot, shall be paid prior to the issuance of a building permit for each lot. The amount of mitigation currently required for each lot is calculated as follows, based on subsection 26.470.070(b), Residential Development - sixty (60%) affordable, of the land use code: Max. Allowable Floor Area * .3 = AH Floor Area Required AH Floor Area Required / 400 = Full Time Equivalent Employees ("FTEs") FTES * Category 4 Cash -in -Lieu Rate = Total Amount Due The amount of mitigation required, via a Certificate or cash -in -lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash -in -lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building application. B. Lot 1 and Lot 2 may be developed separately. The requirements set forth above must be satisfied at the time a building permit is sought. Section 2: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with each of the individual lots for a period of three (3) years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No 32, Series 2015 Page 2 of 3 P566 Section 5: Approvals 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 City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Public Hearing A public hearing on this ordinance shall be held on the 28t' day of September, 2015, at a meeting of the Aspen City Council commencing at 4:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24t1' day of August, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this -- day of --, 2015. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Mayor Ordinance No 32, Series 2015 Page 3 of 3 IX.a 0 • P567 Ix.a ORDINANCE NO. 33 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT REVIEWS, DETERMINING THE PRESENCE OF MANMADE SLOPES, AND VESTED PROPERTY RIGHTS FOR LOT 3, RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 273512428003 WHEREAS, the Community Development Department received applications from St. George Investments LLC and CCI Lot 3, LLC represented by Curtis Sanders of Sherman and Howard, requesting approval of growth management reviews for three residential development allotments, and a determination on steep slopes for the calculation of Floor Area for Lot 3; and, WHEREAS, the property is zoned Medium Density Residential, R-6 with a Planned Development Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department supported the requests as proposed and recommended in favor of the proposal; and, WHEREAS, pursuant to Section 26.470.090(3) City Council may accept a cash -payment -in -lieu for required affordable housing or Affordable Housing Credits via a combined review, and may determine whether natural grade has been manipulated through a combined review during a duly noticed public hearing after considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on September 28, 2015, the City Council approved Ordinance No. 33, Series of 2015, by a ---- to ---- (—) vote, approving the land use requests; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 33, Series 2015 Pagel of 3 • P568 Ix.a Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the "Code"), City Council hereby grants approval of one residential development allotment for Lot 3, of the Ranger Station Subdivision. Such approval is conditioned on the following: A. A cash -in -lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable Floor Area permitted for a single family home on each lot, shall be paid prior to the issuance of a building permit for each lot. The amount of mitigation currently required for each lot is calculated as follows, based on subsection 26.470.070(b), Residential Development — sixty (60%) affordable, of the land use code: Max. Allowable Floor Area * .3 = AH Floor Area Required AH Floor Area Required / 400 = Full Time Equivalent Employees ("FTEs") FTES * Category 4 Cash -in -Lieu Rate = Total Amount Due The amount of mitigation required, via a Certificate or cash -in -lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash -in -lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building application. B. The areas of steep slopes within Lot 3 are determined to be and deemed to be manmade and shall not be deducted from the lot size when calculating the net lot area of each lot. Other than the areas of steep slopes, the calculation of net lot area of each lot shall be calculated pursuant to the Code as it exists as of the date an application is made for a building permit for the particular lot. C. The requirements set forth above must be satisfied at the time a building permit is sought. Section 2: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with each of the individual lots for a period of three (3) years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 33, Series 2015 Page 2 of 3 0 P569 IX.a Section 4: Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Public Hearing A public hearing on this ordinance shall be held on the 28`h day of September, 2015, at a meeting of the Aspen City Council commencing at 4:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24"' day of August, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this — day of —, 2015. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Mayor Ordinance No 33, Series 2015 Page 3 of 3 • 0 P570 Sub Section 26.470.070(9) Exhibit A I X. a Growth Management Review Criteria 9. Residential development — sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent (30%) of the additional floor area is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%) of the project's additional floor area shall be affordable housing. Multi -site projects are permitted. Affordable housing units provided shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and shall average Category 4 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. b. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30%) of the project's total floor area and deed -restricted as a Category 4 "for sale" unit, according to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify. Staff Findings: Each lot can be developed with a single-family residence. The following table provides the floor area mitigation required based on a single family residence with a conversation to Full Time Equivalents (FTEs) and a corresponding cash -in -lieu payment. Mitigation required for a lot without a Develo went Allotment Maximum AH Mitigation FTE Payment -in - Floor Area' (30% of Conversion lieu for FTEs Maximum (AH Mitigation (FTEs x Floor Area) / 400) Category 4 Cash -in -lieu, $144,393) Lot 1 3,243 sq. ft. 973 sq. ft. 2.43 FTEs $350,874.99 Lot 2 3,242 sq. ft. 973 sq. ft. 2.43 FTEs $350,874.99 Lot 3 3,242 sq. ft. 973 sq. ft. 2.43 FTEs $350,874.99 The intent of the mitigation requirement is a physical `for sale" affordable housing unit. The lots cannot accommodate an additional dwelling based upon the lot size requirements, other mitigation options include providing an off -site unit or extinguishing AHCs. The Applicants are proposing providing mitigation via a payment -in -lieu or via Affordable Housing Credits. Staff supports the use of a cash payment or credits as requested as it provides an allowed form of affordable housing mitigation and finds the criterion met. 1 The area of the alley, approximately 600 sq. ft., has been deducted from each lot in calculating Floor Area. 2 The area of steeps slopes has not been deducted from lot size, with the assumption that the slopes are manmade. • 0 P571 Exhibit A Ix.1 Growth Management Review Criteria Sub Section 26.470.070(4) 4. Affordable housing. The development of affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Findings: The housing authority has been referred on this application, and the formal referral has been provided. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy -down units. Off -site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash -in -lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. Staff Findings: The Applicants are requesting that a cash payment -in -lieu or credits be accepted for both lots by city council. Both are permitted forms of mitigation. Staff finds this criterion met. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Staff Findings: The Applicants are requesting that a cash payment -in -lieu or credits be accepted for both lots by city council. As such, stafffinds this criterion is not applicable. d. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. 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 Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages • • P572 Exhibit A I X. a Growth Management Review Criteria affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi -municipal agency shall not be subject to this mandatory "for sale" provision. Staff Findings: The Applicants are requesting that a cash payment -in -lieu or credits be accepted for both lots by city council. As such, stafffinds this criterion is not applicable. e. Non -Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non -mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. Staff Findings: Applicants are not proposing affordable housing units that are not required for mitigation. Staff finds this criterion not applicable. Sub Section 26.470.090(3) 3. Provision of required affordable housing via a cash -in -lieu payment. The provision of affordable housing equal to or in excess of one (1) residential unit, as required by Chapter 26.470, Growth Management, via a cash -in -lieu payment shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or of the site or would be inconsistent with the character of the neighborhood in which the project is being developed. Staff Findings: With the size of the lots, neither Lot 1, 2 or 3 are large enough to be developed with a duplex. In general almost all of the lots within the subdivision only permit one primary residence, making physical on -site affordable housing units impractical. Staff finds this criterion met. b. The applicant has made a reasonable good -faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status. Staff Findings: As noted in the application, the applicant has investigated the potential for a buy down and is concerned over the increased cost compared to a cash -in -lieu payment or the use of credits. c. The proposal furthers affordable housing goals, and the cash -in -lieu payment will result in the near -term production of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. Staff Findings: Accepting a cash payment -in -lieu is a permitted way to provide mitigation but does not necessarily provide near -term production of an affordable housing unit compared to the buying down of a physical unit or purchasing Affordable Housing Credits. A recommendation from APCHA will be provided at second reading. IX.a • P573 Exhibit A Growth Management Review Criteria The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a cash -in -lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing via a cash -in -lieu payment for a fraction of a dwelling unit shall not require City Council approval. • • P574 IX.a CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT JURISDICTION: EFFECTIVE DATE: WRITTEN BY: APPROVED BY: Date: Ju y 16, 2013 City of Aspen July 16, 2013 Jennifer Phelan, Deputy Planning Director Jennifer Phelan, Deputy Planning Director SUMMARY: The US Forest Service has recorded a survey with the Pitkin County Clerk and Recorder's office (reception number 599691) creating five separate lots from a portion of the federal agency's property that is bounded by W. Hallam Street, N. Eighth Street, W. Smuggler Street and N. Seventh Street. The city has fielded some questions on the lots and this overview attempts to provide some additional clarity on the status of the lots. Overview: City recognizes that the Forest Service recorded a survey which purportedly created five separate lots within the municipal boundaries. However, the subdivision was not approved by the city via a city review process. Thus, although the city will recognize that the lots were legally created, since they were created in 2013 development of the individual lots is contingent on meeting city regulations. All lots are located within the Medium —Density Residential (R-6) zone district with a Specially Planned Area (SPA) overlay. Development within a SPA requires review by the Planning and Zoning Commission and City Council unless the SPA overlay is removed. Staff recommends removal of the overlay if detached residential dwellings are the anticipated development. All lots are subject to reductions in lot area also known as a Net Lot Area for calculation of allowable Floor Area. Lots 1 through 4 require the subtraction of the area of the access easement within each lot. The area of vacated Francis Street is required to be subtracted from Lot 5. Topography has not been provided to determine if any steep slopes are present that are required to be subtracted to determine Net Lot Area. Lots 3, 4 and 5 are traversed by the Si Johnson Ditch which has been in place for over 70 years. Pursuant to laws related to ditches and ditch easements the City and the ditch company have an casement that runs through the property extending ten feet from the centerline of the ditch or more as reasonably necessary to operate and maintain the ditch. No development may take place within this easement. In addition other required yard setbacks are applicable. • P575 Ix.a There is a utility easement running through Lot 4, which most likely, must be rerouted prior to development commencing on the lot. As noted above, the subdivision did not go through city review. Therefore, the five lots have not received a growth management development allotment. Each lot is subject to review pursuant to Chapter 26.470, Growth Management Quota System. • 10 P576 SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com July 9, 2015 Via Hand Delivery Jennifer Phelan Deputy Director City of Aspen Community Development Department 130 South Galena Street, Second Floor Aspen, Colorado 81611 Re: Application for GMQS Allotments for Lot 3, Ranger Station "Subdivision", t.b.d. Eighth Street, Aspen, Colorado 81611, Pitkin County Assessor's Parcel Identification No. 273512428003 (the "Lot" or "Subject Property") Dear Ms. Phelan: The undersigned represents CCI Lot 3, LLC , a Colorado limited liability company ("Applicant") as owner of the above referenced Subject Property. Pursuant to this letter and the attached documents, the Applicant hereby files its application for City of Aspen GMQS Allotment approval for the Subject Property, together with application for approval of the Applicant's right to satisfy the City of Aspen's applicable affordable housing requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. 1. Introduction. As noted immediately above, this application (the "Application") seeks: (1) GMQS Allotment approval for the Applicant's Lot for one single-family, Residential Free -Market Unit on the Lot; and (2) approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates of Affordable Housing Credits. a. Applicable Provisions of City of Aspen Land Use Code ("LUC") This Application is submitted pursuant to the following provision of the City of Aspen Land use Code: (1) LUC Section 26.304 (2) LUC Section 26.470 (3) LUC Section 26.470.070 (9)(b) (4) LUC Section 26.470.070 (4) Common development review procedures; Growth Management Quota System; Residential development — sixty percent (60%) affordable; Affordable housing; Mal BUS_RE/5675570.1 P577 Ix.a (5) LUC Section 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment; (6) LUC Section 26.470.100 Calculations; (7) LUC Section 26.470.110 Growth management review procedures; and (8) LUC Section 26.710.040 Medium Density Residential (R-6). b. Additional Application Materials. The additional documents and materials accompanying this Application consist of the following: (1) Exhibit 1: Land Use Application, Dimensional Requirements Form, and Homeowners Association Compliance Form; (2) Exhibit 2: Pre -Application Conference Summary; (3) Exhibit 3: Proof of the Applicant's Ownership of the Subject Property; (4) Exhibit 4: Vicinity Map; (5) Exhibit 5: Current Improvement Survey of the Subject Property; (6) Exhibit 6: Ranger Station Subdivision Survey; (7) Exhibit 7: Authorization for Curtis B. Sanders to represent the Applicant; and (8) Exhibit 8: Agreement to Pay. 2. Description of Subject Property. As depicted on the "Ranger Station Subdivision" Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1 (the "Survey Plat"), the Subject Property is comprised of one legally -separate Lot, identified as "Lot 3" on the Survey Plat, and which was conveyed to the Applicant pursuant to that certain Warranty Deed given by Todd Gardner to Applicant, dated July 8, 2015, and recorded July 8, 2015 as Reception No. 621358, Pitkin County, Colorado. As provided for on the Survey Plat, the Lot is encumbered with a "20' Access Easement" which runs the length of the Lot's southern boundary, with 10 feet of the total width of the 20 foot Access Easement lying on the Lot, and the other 10 feet of the total width of the 20 foot Access Easement lying on the property designated as "Lot 4", immediately to the south. The 20' Access Easement coincides with the location of a vacated alley lying immediately to the south of the Subject Property, which vacated alley is discussed below. The Lot is located within certain lands previously adjudged and decreed to the use of the United States of America as petitioner by a final condemnation award dated May 16, 1940. Such lands consisted of the following legally described real property (collectively, the "Forest Service Lands"): All of lots A, B, C, D, E, F, G, H, I, K, L, M, N, O, P, Q, R, and S of Block 9, and Lots A, B, C, D, E, F, G, H, I, M, N, O, P, Q, R, and S of Block 10 of the Townsite and City of Aspen, County of Pitkin, State of Colorado, together with abandoned alleys and streets adjacent thereto, more particularly described as follows: Francis Street in said Blocks 10 and 9 of said alley - between Seventh and Eighth Streets and also the alley in Block 9 between Seventh and Eighth Streets and also that part of the alley in said Block 10 lying between Lots C, D, E, F, G, H and I on the north thereof and M, N, O, P, Q, R, and S on the South in said Block 10. BUS_RE/5675570.1 • 6 P578 IX.a By confirmation quitclaim deed recorded May 20, 1940 in Book 157 at Page 633, Pitkin County, Colorado, Charles F. Garlington conveyed all of the Forest Service Lands to the United States of America. The alleys and streets contained within the Forest Service Lands, specifically including the alley lying immediately to the south of the Subject Property, were previously vacated and abandoned by the City of Aspen in a Resolution of the Aspen City Council dated March 3, 1937. As more fully explained in the undersigned's letter to City of Aspen attorney James R. True dated August 14, 2014 and as depicted on the Survey Plat, the Lot consists of all of Lots E and F, Block 9, Townsite and City of Aspen as depicted on the City of Aspen's 1880 Townsite Map, together with an additional approximately 600 square feet of land consisting of a portion of the vacated and abandoned alley lying immediately to the south of Lots E and F. The Subject Property is zoned R-6, and is subject to an existing Planned Development (PD) Overlay. The Lot has a gross lot area of 6,619square feet, and as depicted on the Current Improvement Survey of the Subject Property (Exhibit 5), the Si Johnson Ditch crosses a portion of the Subject Property. In connection with Ordinance No. 16 (Series of 2015), the Aspen City Council concluded that any areas of steep slopes on nearby Lots 4 and 5 associated with the Si Johnson were the result of man-made improvements, which occurred when the Si Johnson Ditch was originally installed. Accordingly, the Applicant respectfully requests a similar (and consistent) treatment of the man-made steep slopes associated with the Si Johnson Ditch as it crosses the Lot, and therefore, there should be no slope reduction associated with these steep slopes. After taking into account the 600 square foot portion of the Lot which is burdened by the 20' Access Easement/abandoned alley, the Lot has a Net Lot Area of 6,019 square feet. Under the provisions of the R-6 Zone District, the Lot therefore has an allowable Floor Area of 3,240 square feet. The Applicant has previously maintained that the Lot is a " ... vacant lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Subsection 26.480.020.E, Aspen Townsite lots" pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Applications. As such, the Applicant's proposed development of the Lot would be subject to a different set of LUC review criteria than addressed in this Application. The Applicant realizes that the City of Aspen disagrees with the Applicant's position regarding whether the Lot was legally subdivision parcels prior to November 14, 1977, and in the interest of moving past the parties' disagreement with respect to this matter, the Applicant has instructed the undersigned to pursue this Application pursuant to the provisions of LUC Section 26.470.070 (9)(b) - Residential development — sixty percent (60%) affordable, instead of LUC Section 26.470.060(2)(a)(3) — Administrative Applications. Nonetheless, the Applicant reserves its right to withdraw this Application and pursue redevelopment of the Subject Property pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Application in the event that it he dissatisfied with the City of Aspen's review of this Application. BUS_RE/5675570.1 Ob • P579 Ix.a 3. LUC Review Requirements. a. LUC Section 26.304 - Common Development Review Procedures. LUC Section 26.304 sets forth various requirements that generally apply to City of Aspen land use applications. Pertinent to this Application, the Applicant's representative has attended a preapplication conference in connection with the Application pursuant to LUC Section 26.304.020. The Applicant has submitted this Application and paid the applicable fees pursuant to LUC Section 26.304.030. Pursuant to LUC Section 26.304.040 and Exhibit 3 and Exhibit 7 to this letter, the Applicant has the authority to submit this Application in connection with the Property, and the Applicant has designated the undersigned to acts as Applicant's authorized representative with respect to such matters. With respect to the remaining provisions of LUC Section 26.304, the Applicant agrees to abide by such other provisions, and that the Applicant's Application shall be processed and reviewed by the City of Aspen pursuant to such provisions. b. LUC Section 26.470 - Growth Management Quota System; LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. The Applicant is requesting land use approvals necessary for the construction of one single-family, Residential Free -Market Unit on the Lot. Pursuant to LUC Section 26.470.020A, Chapter 26.470 of the LUC applies to "all development in the City". Additionally, the Applicant's proposed development on the Lot does not constitute "exempt development" under Section 26.470.040 of the LUC, and therefore, the Applicant's request for land use approvals as set forth herein is subject to the terms and conditions of Chapter 26.470 of the LUC. i. LUC Section 26.470.050. General requirements. LUC Section 26.470.050.13 provides that "[A]II development applications for growth management review shall comply with the following standards." The Applicant confirms its compliance with the general requirements of LUC Section 26.470.050.13 as follows: (1) Standard 1: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Applicant's Response: It is the Applicant's understanding that there currently sufficient City of Aspen Growth Management Allotments to accommodate Applicant's proposed development with respect to the Lot. (2) Standard 2: The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District which generally includes all of the surrounding areas of Aspen's "west end" (the area lying west of Mill Street and north of Main Street and the area north of West Hallam Street and west of north Seventh Street), and is compatible with land uses in the surrounding area, which with the exception of the nearby United States Forest Service 4 BUS_RE/5675570.1 0 • P580 Ma headquarters facility, generally consists of single family housing. The Subject Property is not subject to any adopted regulatory master plan. (3) Standard 3: The development conforms to the requirements and limitations of the zone district. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District. (4) Standard 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. Applicant's Response: Not applicable. (5) Standard 5: "Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate." Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (6) Standard 6: "Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units') may be deed -restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion." BUS_RE/5675570.1 0 • P581 IX.a Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (7) Standard 7: "The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. 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." Applicant's Response: The Applicant believes that its proposed development represents minimal additional demand on public infrastructure, and to the extent that its development placed additional demands on public infrastructure, the Applicant will mitigate those additional demands through the payment of applicable City of Aspen impact fees at the time of building permit submission. ii. LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. LUC Section 26.470.070(9)(b) provides in its entirety as follows: "9. Residential development — sixty percent (609,6) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent (30%) of the additional floor area is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria:... b. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30%) of the project's total floor area and deed -restricted as a Category 4 'for sale" unit, according to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualms. " Applicant's proposed development with respect to the Lot shall consist of one (1) free- market residence. Therefore, for the Lot, Applicant is required to provide affordable housing mitigation equal to thirty percent (30%) of the Lot's Floor Area, as follows: Lot Gross Lot Net Lot Maximum Allowable Floor Required Affordable Area Area Area (per LUC Section Housing Mitigation (30% 26.710.040) of Max. Floor Area Lot 3 6,619 s.f. 6,019 s.f. 3,240 s.f. 972 s.f. The provisions of LUC Section 26.470.040 govern the manner in which affordable housing mitigation required by LUC Section 26.470.070(9)(b) is to be provided. iii. LUC Section 26.470.070(4) - Affordable Housing. LUC Section 26.470.070(4) sets forth the criteria for the provision of affordable housing for mitigation purposes, and generally provides that a recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. LUC Section 26.470.070(4)(b) further provides R BUS_RE/5675570.1 P582 IX.a that affordable housing mitigation shall be in the form of actually newly built units or buy -down units, or by Certificate(s) of Affordable Housing Credits by approval of the Community Development Department Director, or by cash -in -lieu, provided however, that if the mitigation requirement is one (1) or more units, a cash in lieu payment shall require City Council approval. With respect to the Applicant's proposed development in connection with the Lot, the Applicant is required to provide 2.43 FTE's for the Lot, calculated as follows: Lot Required Affordable Housing Required FTE's (Affordable Housing Mitigation (30% of Max. Floor Area) Mitigation amount, divided by conversion factor of 400 per LUC Section 26.470.100(4)) Lot 3 972 s.f. 2.43 FTE's Using an assumed current market price of $175,000 for one (1) Category 4 Certificates of Affordable Housing Credit, the current cost to the Applicant to satisfy an affordable housing mitigation requirement of 2.43 FTE's per Lot would be $425,250 for the Lot. Using the Aspen/Pitkin County Affordable Housing Authority's Guidelines' current cash -in -lieu amount of $144,393 per FTE, the current cash -in -lieu payment e required for the development of the Lot pursuant to this Application would be $350,874.99. iv. LUC Section 26.470.090(3) - Provision of Required Affordable Housing Via a Cash in Lieu Payment. In addition to the Applicant's right to satisfy the Subject Property's affordable housing mitigation requirements via Certificates of Affordable Housing Credits pursuant to LUC Section 26.470.070(4)(b), LUC Section 26.470.090(3) generally sets forth the requirements for the provision of required affordable housing equal to or in excess of one (1) residential unit via a cash in lieu payment. Since the Applicant desires to satisfy its affordable housing mitigation requirements in connection with the Subject Property either via Certificates of Affordable Housing Credits or cash -in -lieu, the Applicant confirms its compliance with the general requirements of LUC 26.470.090(3), as follows: (1) Standard 1: "The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or of the site or would be inconsistent with the character of the neighborhood in which the project is being developed." Applicant's Response: The provision of affordable housing on site (i.e., on the Lot) is impractical given that while under the PD Overlay, a single-family or duplex residence is permitted to be constructed on the Lot, under the provisions of City of Aspen R-6 Zone District requirements, a duplex residence cannot be constructed on either Lot due to the Lot's size. (2) Standard 2: "The applicant has made a reasonable good faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status." Applicant's Response: As noted above, by law the Applicant cannot provide on -site affordable housing mitigation in connection with a development of the Lot. With respect to providing off -site affordable house mitigation, according to comparable sales data provided by 7 BUS_RE/5675570.1 • • P583 IX.a licensed real estate broker Tim Estin, for 2014, the average price per square foot for an Aspen condominium was $1,175 per square foot. Therefore, if the Applicant were to buy -down a 972 square foot condominium at the average 2014 sales price in order to satisfy the required off -site affordable housing mitigation for either Lot, the cost to the Applicant would be $1,142,100. Respectfully, the Applicant submits that it is economically impractical for the Applicant to provide for a buy -down of off -site affordable housing in connection with its development of the Lots. (3) Standard 3: "The proposal furthers affordable housing goals, and the cash -in -lieu payment will result in the near -term production of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard." Applicant's Response: The Applicant maintains that the Aspen/Pitkin County Housing Authority's program for the providing of affordable housing through funds obtained through its various sources, include the payment of cash -in -lieu fees, together with its methodology for determining the appropriate amount of cash -in -lieu fees in connection with development in the City of Aspen provides a suitable approach for addressing the City's need for the production of affordable housing units. (4) Standard 4: "The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a cash -in -lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing." Applicant's Response: The Applicant requests that the City of Aspen accept payment of one hundred percent (100%) of the Applicant's required affordable housing mitigation in connection with the Subject Property through the payment of cash -in -lieu fees. 4. Conclusion. In light of the above, the Applicant respectfully requests, GMQS Allotment approval for the Applicant's Lot for one single-family, Residential Free -Market Unit on the Lot and approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates of Affordable Housing Credits. Enc. cc: CCI Lot 3, LLC Sincerely, Curtis B. Sanders BUS_RE/5675570.1 • • P584 Mal SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com June 18, 2015 Via Hand Delivery Jennifer Phelan Deputy Director City of Aspen Community Development Department 130 South Galena Street, Second Floor Aspen, Colorado 81611 Re: Application for GMQS Allotments for Lots 1 and 2, Ranger Station "Subdivision", t.b.d. Eighth Street, Aspen, Colorado 81611, Pitkin County Assessor's Parcel Identification Nos. 5273512428001 (Lot 1) and 273512428002 (Lot 2) (each separately a "Lot", and collectively, the "Lots" or "Subject Property") Dear Ms. Phelan: The undersigned represents St. George Investments L.L.C., a Louisiana limited liability company ("Applicant") as owner of the above referenced Subject Property, and pursuant to this letter and the attached documents, the Applicant hereby files its application for City of Aspen GMQS Allotment approval for each of the above Lots, together with application for approval of the Applicant's right to satisfy the City of Aspen's applicable affordable housing requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. 1. Introduction. As noted immediately above, this application (the "Application") seeks: (1) GMQS Allotment approval for each of the Applicant's Lots for one single-family, Residential Free -Market Unit on each Lot; and (2) approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash - in -lieu or Certificates of Affordable Housing Credits. a. Applicable Provisions of City of Aspen Land Use Code ("LUC"). This Application is submitted pursuant to the following provision of the City of Aspen Land use Code: (1) LUC Section 26.304 Common development review procedures; (2) LUC Section 26.470 Growth Management Quota System; (3) LUC Section 26.470.070 (9)(b) Residential development — sixty percent (60%) affordable; BUS_RE/5680136.1 P585 IX.a (4) LUC Section 26.470.070 (4) Affordable housing; (5) LUC Section 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment; (6) LUC Section 26.470.100 Calculations; (7) LUC Section 26.470.110 Growth management review procedures; and (8) LUC Section 26.710.040 Medium Density Residential (R-6). b. Additional Application Materials. The additional documents and materials accompanying this Application consist of the following: (1) Exhibit 1: Land Use Application, Dimensional Requirements Form, and Homeowners Association Compliance Form; (2) Exhibit 2: Pre -Application Conference Summary; (3) Exhibit 3: Proof of the Applicant's Ownership of the Subject Property; (4) Exhibit 4: Vicinity Map; (5) Exhibit 5: Current Improvement Survey of the Subject Property; (6) Exhibit 6: Ranger Station Subdivision Survey; (7) Exhibit 7: Authorization for Curtis B. Sanders to represent the Applicant; and (8) Exhibit 8: Agreement to Pay. 2. Description of Subiect Property. As depicted on the "Ranger Station Subdivision" Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1 (the "Survey Plat"), the Subject Property is comprised of two legally -separate Lots, identified as "Lot 1" and "Lot 2" respectively on the Survey Plat, and both of which were conveyed to the Applicant pursuant to that certain Quitclaim Deed given by the United States of America as grantor, dated September 24, 2013 and recorded in the real property records of Pitkin County, Colorado on November 7, 2013 as Reception No. 605391. As provided for on the Survey Plat, each Lot is encumbered with a "20' Access Easement" which runs the length of each Lot's southern boundary, with 10 feet of the total width of the 20 foot Access Easement lying on each Lot, and the other 10 feet of the total width of the 20 foot Access Easement lying on the property designated as "Lot 4", immediately to the south. The 20' Access Easement coincides with the location of a vacated alley lying immediately to the south of the Subject Property, which vacated alley is discussed below. Lot 1 and Lot 2 are located within certain lands previously adjudged and decreed to the use of the United States of America as petitioner by a final condemnation award dated May 16, 1940. Such lands consisted of the following legally described real property (collectively, the "Forest Service Lands"): All of lots A, B, C, D, E, F, G, H, I, K, L, M, N, O, P, Q, R, and S of Block 9, and Lots A, B, C, D, E, F, G, H, I, M, N, O, P, Q, R, and S of Block 10 of the Townsite and City of Aspen, County of Pitkin, State of Colorado, together with abandoned alleys and streets adjacent thereto, more particularly described as follows: Francis Street in said Blocks 10 and 9 of said alley - between Seventh and Eighth Streets and also the alley in Block 9 between Seventh and Eighth Streets and also that part of the alley in said Block 10 lying between Lots C, D, E, 2 • 0 P586 IX.a F, G, H and I on the north thereof and M, N, O, P, Q, R, and S on the South in said Block 10. By confirmation quitclaim deed recorded May 20, 1940 in Book 157 at Page 633, Pitkin County, Colorado, Charles F. Garlington conveyed all of the Forest Service Lands to the United States of America. The alleys and streets contained within the Forest Service Lands, specifically including the alley lying immediately to the south of the Subject Property, were previously vacated and abandoned by the City of Aspen in a Resolution of the Aspen City Council dated March 3, 1937. As more fully explained in the undersigned's letter to City of Aspen attorney James R. True dated August 14, 2014 and as depicted on the Survey Plat, Lot 1 consists of all of Lots A and B, Block 9, Townsite and City of Aspen as depicted on the City of Aspen's 1880 Townsite Map, together with an additional approximately 600 square feet of land consisting of a portion of the vacated and abandoned alley lying immediately to the south of Lots A and B, and Forest Service Lot 2 consists of all of Lots C and D, Block 10, Townsite and City of Aspen as depicted on the 1880 Townsite Map, together with an additional approximately 600 square feet of land consisting of a portion of the vacated and abandoned alley lying immediately to the south of Lots C and D. The Subject Property is zoned R-6, and is subject to an existing Planned Development (PD) Overlay. Lot 1 has a gross lot area of 6,623 square feet, and after taking into account the 600 square foot portion of the Lot 1 which is burdened by the 20' Access Easement/abandoned alley, Lot 1 has a Net Lot Area of 6,023 square feet. Under the provisions of the R-6 Zone District, Lot 1 therefore has an allowable Floor Area of 3,240 square feet. Lot 2 has a gross lot area of 6,621 square feet, and after taking into account the 600 square foot portion of the Lot 2 which is burdened by the 20 foot Access Easement/abandoned alley, Lot 2 has a Net Lot Area of 6,021 square feet. Under the provisions of the R-6 Zone District, Lot 2 therefore has an allowable Floor Area of 3,240 square feet. The Applicant has previously maintained that Lot 1 and Lot 2 is each a " ... vacant lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Subsection 26 480.020.E, Aspen Townsite lots" pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Applications. As such, the Applicant's proposed development of the Lots would be subject to a different set of LUC review criteria than addressed in this Application. The Applicant realizes that the City of Aspen disagrees with the Applicant's position regarding whether the Lots were legally subdivided parcels prior to November 14, 1977, and in the interest of moving past the parties' disagreement with respect to this matter, the Applicant has instructed the undersigned to pursue this Application pursuant to the provisions of LUC Section 26.470.070 (9)(b) - Residential development — sixty percent (60%) affordable, instead of LUC Section 26.470.060(2)(a)(3) — Administrative Applications. Nonetheless, the Applicant reserves its right to withdraw this Application and pursue redevelopment of the Subject Property pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Application in the event that it is dissatisfied with the City of Aspen's review of this Application. 3 C� • P587 IX.a 3. LUC Review Requirements. a. LUC Section 26.304 - Common Development Review Procedures. LUC Section 26.304 sets forth various requirements that generally apply to City of Aspen land use applications. Pertinent to this Application, the Applicant's representative has attended a preapplication conference in connection with the Application pursuant to LUC Section 26.304.020. The Applicant has submitted this Application and paid the applicable fees pursuant to LUC Section 26.304.030. Pursuant to LUC Section 26.304.040 and Exhibit 3 and Exhibit 7 to this letter, the Applicant has the authority to submit this Application in connection with the Property, and the Applicant has designated the undersigned to acts as Applicant's authorized representative with respect to such matters. With respect to the remaining provisions of LUC Section 26.304, the Applicant agrees to abide by such other provisions, and that the Applicant's Application shall be processed and reviewed by the City of Aspen pursuant to such provisions. b. LUC Section 26.470 - Growth Management Quota System; LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. The Applicant is requesting land use approvals necessary for the construction of one single-family, Residential Free -Market Unit on each Lot. Pursuant to LUC Section 26.470.020A, Chapter 26.470 of the LUC applies to "all development in the City". Additionally, the Applicant's proposed development on each Lot does not constitute "exempt development" under Section 26.470.040 of the LUC, and therefore, the Applicant's request for land use approvals as set forth herein is subject to the terms and conditions of Chapter 26.470 of the LUC. i. LUC Section 26.470.050. General requirements. LUC Section 26.470.050.13 provides that "[A]II development applications for growth management review shall comply with the following standards." The Applicant confirms its compliance with the general requirements of LUC Section 26.470.050.13 as follows: (1) Standard 1: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Applicant's Response: It is the Applicant's understanding that there currently sufficient City of Aspen Growth Management Allotments to accommodate Applicant's proposed development with respect to each Lot. (2) Standard 2: The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District which generally includes all of the surrounding areas of Aspen's "west end" (the area lying west of Mill Street and north of Main Street and the area north of West Hallam Street and west of north Seventh Street), and is compatible with land uses in the surrounding area, which with the exception of the nearby United States Forest Service 4 • 0 P588 Ma headquarters facility, generally consists of single family housing. The Subject Property is not subject to any adopted regulatory master plan. (3) Standard 3: The development conforms to the requirements and limitations of the Z-one district. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District. (4) Standard 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. Applicant's Response: Not applicable. (5) Standard 5: "Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation: rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate." Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (6) Standard 6: "Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units') may be deed -restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion." 0 0 P589 IX.a Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (7) Standard 7: "The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. 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." Applicant's Response: The Applicant believes that its proposed development represents minimal additional demand on public infrastructure, and to the extent that its development placed additional demands on public infrastructure, the Applicant will mitigate those additional demands through the payment of applicable City of Aspen impact fees at the time of building permit submission. ii. LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. LUC Section 26.470.070(9)(b) provides in its entirety as follows: 4. Residential development — sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent (30016) of the additional floor area is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria:... b. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30%) of the project's total floor area and deed -restricted as a Category 4 'for sale" unit, according to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify. " Applicant's proposed development with respect to each Lot shall consist of one (1) free- market residence. Therefore, for each Lot, Applicant is required to provide affordable housing mitigation equal to thirty percent (30%) of the each Lot's Floor Area, as follows: Lot Gross Lot Net Lot Maximum Allowable Floor Required Affordable Area Area Area (per LUC Section Housing Mitigation (30% 26.710.040) of Max. Floor Area Lot 1 6,623 s.f. 6,023 s.f. 3,240 s.f. 972 s.f. Lot 2 6,621s.f. 6.021 s.f. 3,240 s.f. 972 s.f. The provisions of LUC Section 26.470.040 govern the manner in which affordable housing mitigation required by LUC Section 26.470.070(9)(b) is to be provided. 0 0 0 P590 IX.a iii. LUC Section 26.470.070(4) - Affordable Housing. LUC Section 26.470.070(4) sets forth the criteria for the provision of affordable housing for mitigation purposes, and generally provides that a recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. LUC Section 26.470.070(4)(b) further provides that affordable housing mitigation shall be in the form of actually newly built units or buy -down units, or by Certificate(s) of Affordable Housing Credits by approval of the Community Development Department Director, or by cash -in -lieu, provided however, that if the mitigation requirement is one (1) or more units, a cash in lieu payment shall require City Council approval. With respect to the Applicant's proposed development in connection with each Lot, the Applicant is required to provide 2.43 FTE's for each Lot, calculated as follows: Lot Required Affordable Housing Required FTE's (Affordable Housing Mitigation (30% of Max. Floor Area) Mitigation amount, divided by conversion factor of 400 per LUC Section 26.470.100(4)) Lot 1 972 s.f. 2.43 FTE's Lot 2 972 s.f. 2.43 FTE's Using an assumed current market price of $175,000 for one (1) Category 4 Certificates of Affordable Housing Credit, the current cost to the Applicant to satisfy an affordable housing mitigation requirement of 2.43 FTE's per Lot would be $425,250 per Lot, and a total $850,500 for the Subject Property. Using the Aspen/Pitkin County Affordable Housing Authority's Guidelines' current cash -in -lieu amount of $144,393 per FTE, the current cash -in -lieu payment e required for the development of each Lot pursuant to this Application would be $350,874.99 per Lot, and a total of $701,749.98 for the Subject Property. iv. LUC Section 26.470.090(3) - Provision of Required Affordable Housing Via a Cash in Lieu Payment. In addition to the Applicant's right to satisfy the Subject Property's affordable housing mitigation requirements via Certificates of Affordable Housing Credits pursuant to LUC Section 26.470.070(4)(b), LUC Section 26.470.090(3) generally sets forth the requirements for the provision of required affordable housing equal to or in excess of one (1) residential unit via a cash in lieu payment. Since the Applicant desires to satisfy its affordable housing mitigation requirements in connection with the Subject Property either via Certificates of Affordable Housing Credits or cash -in -lieu, the Applicant confirms its compliance with the general requirements of LUC 26.470.090(3), as follows: (1) Standard 1: "The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or of the site or would be inconsistent with the character of the neighborhood in which the project is being developed." Applicant's Response: The provision of affordable housing on site (i.e., on each Lot) is impractical given that while under the PD Overlay, a single-family or duplex residence is permitted to be constructed on each Lot, under the provisions of City of Aspen R-6 Zone District requirements, a duplex residence cannot be constructed on either Lot due to each Lot's size. 7 0 • P591 IX.a (2) Standard 2: "The applicant has made a reasonable good faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status." Applicant's Response: As noted above, by law the Applicant cannot provide on -site affordable housing mitigation in connection with a development of either Lot. With respect to providing off -site affordable house mitigation, according to comparable sales data provided by licensed real estate broker Tim Estin, for 2014, the average price per square foot for an Aspen condominium was $1,175 per square foot. Therefore, if the Applicant were to buy -down a 972 square foot condominium at the average 2014 sales price in order to satisfy the required off -site affordable housing mitigation for either Lot, the cost to the Applicant would be $1,142,100 per Lot, for a total of $2,284,200 for both Lots. Respectfully, the Applicant submits that it is economically impractical for the Applicant to provide for a buy -down of off -site affordable housing in connection with its development of the Lots. (3) Standard 3: "The proposal furthers affordable housing goals, and the cash -in -lieu payment will result in the near -term production of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard." Applicant's Response: The Applicant maintains that the Aspen/Pitkin County Housing Authority's program for the providing of affordable housing through funds obtained through its various sources, include the payment of cash -in -lieu fees, together with its methodology for determining the appropriate amount of cash -in -lieu fees in connection with development in the City of Aspen provides a suitable approach for addressing the City's need for the production of affordable housing units. (4) Standard 4: "The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a cash -in -lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing." Applicant's Response: The Applicant requests that the City of Aspen accept payment of one hundred percent (100%) of the Applicant's required affordable housing mitigation in connection with the Subject Property through the payment of cash -in -lieu fees. 4. Conclusion. In light of the above, the Applicant respectfully requests, GMQS Allotment approval for each of the Applicant's Lots for one single-family, Residential Free - Market Unit on each Lot and approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates of Affordable Housing Credits. cc: St. George Investments, L.L.C. Sincerely, Curtis B. Sanders P592 IX.a ST. GEORGE INVESTMENTS, L.L.C. 601 Poydras Street, Suite 2625 New Orleans, Louisiana 70130 Tel. (504) 525-9017 Far: (504) 525-5607 Cell: (970) 948-4018 Email: Witcote r@7t tpinterests. cons June 10, 2015 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: St. George Investments, L.L.C.; T.B.D. Eighth Street, Aspen, Colorado 81611; Lots 1 and 2, Ranger Station "Subdivision", as more fully described on Exhibit A attached hereto (the "Pro er ") Dear Sir or Madam: I am writing as Manager of St. George Investments, L.L.C., a Louisiana limited liability company, record owner of the above referenced Property. St. George Investments, L.L.C. desires to apply for, pursue, and obtain at its own expense the City of Aspen's Growth Management Quota System development -rights approval for each separate lot comprising the Property, and any other approvals and land use approvals which may be required or requested by St. George Investments, L.L.C. in connection therewith. This letter shall confirm that St. George Investments, L.L.C. authorizes attorney Curtis B. Sanders of Sherman & Howard L.L.C., and any other personnel of such firm to apply for, pursue and obtain the City of Aspen's review and approval of such matters in connection with the Property. Contact information for Curtis B. Sanders and Sherman & Howard L.L.C. are as follows: Curtis B. Sanders, Esq. Sherman & Howard L.L.C. 320 West Main Street Aspen, Colorado 81611 Tel. (970) 925-6300 Fax (970) 925-1191 Email: csanders@shermanhoward.com BUS_RE/5669251.1 6 • P593 Ma Please contact the undersigned with any questions. BUS_RE/5669251.1 Ducote, Manager C. a Louisiana • • P594 IX.a Exhibit A (Legal Description of Property) Lot 1, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14050' 15" W. a distance of 110.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on the 3/8" dia. rebar bearing N. 14'50'15" E. 10 feet; thence N. 75°07'25" W. along said northerly line of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14°50'16" E. 10 feet; thence N. 14°50'16" E. along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest corner of Block 9, the Point of Beginning, Pitkin County, Colorado; and Lot 2, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E. along the northerly boundary of said Block 9, a distance of 60 feet to a 1 1/2" dia. aluminum cap on 3/8" rebar, the Point of Beginning. Thence S. 75°05'24" E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14'50'15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N.14050'15" E. 10 feet; thence N. 75°07'25" W., along said northerly line of Lot 4, a distance of 60 feet to point on said north line of Lot 4 also being the southeast corner of Lot 1 of this survey from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14050'15" E. 10 feet; thence N. 14°50'15" E, a distance of 110.37 feet to the Point of Beginning, Pitkin County, Colorado. BUS_RE/5669251.1 U • P595 IX.a CCI LOT 3, LLC 813 Bonita Drive Aspen, Colorado 81611 Cell: (512) 968-1450 Email: b�rna,capitalcreek.net July 8, 2015 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: CCI LOT 3, LLC; T.B.D. Eighth Street, Aspen, Colorado 81611; Lot 3, Ranger Station "Subdivision", as more fully described on Exhibit A attached hereto (the "Property") Dear Sir or Madam: I am writing as Manager of CCI Lot 3, LLC, a Colorado limited liability company, record owner of the above referenced Property. CCI Lot 3, LLC desires to apply for, pursue, and obtain at its own expense the City of Aspen's Growth Management Quota System development -rights approval for the Property, and any other approvals and land use approvals which may be required or requested by CCI Lot 3, LLC in connection therewith. This letter shall confirm that CCI Lot 3, LLC authorizes attorney Curtis B. Sanders of Sherman & Howard L.L.C., and any other personnel of such firm to apply for, pursue and obtain the City of Aspen's review and approval of such matters in connection with the Property. Contact information for Curtis B. Sanders and Sherman & Howard L.L.C. are as follows: Curtis B. Sanders, Esq. Sherman & Howard L.L.C. 320 West Main Street Aspen, Colorado 81611 Tel. (970) 925-6300 Fax (970) 925-1191 Email: csanders(abshermanhoward.com Please contact the undersigned with any questions. BUS_RE/5673711.1 • 0 P596 CCI LOT 3, LLC, a Colorado limited liability company By: Geo 4geer, Manager IX.a BUS_RE/5673711.1 0 • P597 Ix.a Exhibit A (Legal Description of Property) Lot 3 of Ranger Station Subdivision, located within Block 9, Townsite and City of Aspen, County of Pitkin, State of Colorado, Section 12, Township 10 South, Range 85 West, Sixth Principal Meridian, as shown on Plat recorded May 22, 2013 in Plat Book 103 at Page 1 as Reception No. 599691, Pitkin County, Colorado. BUS_RE15673711.1 9 • P598 Mal SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com June 18, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: St. George Investments, L.L.C.; T.B.D. Eighth Street, Aspen, Colorado 81611; Lots 1 and 2, Ranger Station "Subdivision"; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that St. George Investments, L.L.C., a Louisiana limited liability company, is the owner of certain unimproved real property located at T.B.D. Eighth Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Lot 1, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14°50' 15" W. a distance of 110.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on the 3/8" dia. rebar bearing N. 14°50'15" E. 10 feet; thence N. 75°07'25" W. along said northerly line of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14°50'16" E. 10 feet; thence N. 14°50'16" E. along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest corner of Block 9, the Point of Beginning, Pitkin County, Colorado; and BUS_RE/5669237.1 • • P599 IX.a Lot 2, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E. along the northerly boundary of said Block 9, a distance of 60 feet to a 1 1/2" dia. aluminum cap on 3/8" rebar, the Point of Beginning. Thence S. 75°05'24" E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14°50' 15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N.14'50'15" E. 10 feet; thence N. 75°07'25" W., along said northerly line of Lot 4, a distance of 60 feet to point on said north line of Lot 4 also being the southeast corner of Lot 1 of this survey from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14°50'15" E. 10 feet; thence N. 14°50'15" E. a distance of 110.37 feet to the Point of Beginning, Pitkin County, Colorado. The Subject Property is subject to the following matters of record: 1. Reservations and exception as set forth in the Deed from the City of Aspen recorded in Book 79 at Page 36,13ook 59 at Page 328, Book 59 at Page 461, Book 59 at Page 336, Book 59 at Page 71, Book 59 at Page 381, Book 59 at Page 105, Book 59 at Page 407, Book 59 at Page 273, Book 59 at Page 345, Book 59 at Page 36, Book 59 at Page 37, Book 59 at Page 21. 2. Terms, conditions, provisions and obligations as set forth in Ditch map recorded December 17, 1926 in Book 2 at Page 75. 3. Terms, conditions, provisions and obligations as set forth in Easement recorded June 6, 1973 in Book 276 at Page 494. 4. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 86, Series of 1982 by City Council of the City of Aspen recorded January 28, 1982 in Book 420 at Page 459. 5. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded March 4, 1987 in Book 530 at Page 678. 6. Easements, rights of way and all matters as disclosed on Land Survey Plat recorded June 6, 2011 in Plat Book 97 at Page 12. 7. Easements, rights of way and all matters as disclosed on Plat of Ranger Station Subdivision recorded May 22, 2013 in Plat Book 103 at Page 1. 8. Covenants and Restrictions in Quit Claim Deed from the United States of America to St. George Investments LLC recorded November 7, 2013 as Reception No. 605391. 2 BUS_RE/5669237.1 • P600 This letter shall further confirm that as the owner of the Subject Property, St. George Investments, L.L.C. has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property. Sincerely, Curtis B. Sanders Ma BUS_RE/5669237.1 • 0 P601 Mal SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com July 9, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: CCI Lot 3, LLC; T.B.D. Eighth Street, Aspen, Colorado 81611; Lot 3, Ranger Station "Subdivision"; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that CCI Lot 3, LLC, a Colorado limited liability company is the owner of certain unimproved real property located at Lot 3, Ranger Station, T.B.D. Eighth Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Pro e "): LOT 3, RANGER STATION SUBDIVISION, according to the Plat thereof recorded May 22, 2013 in Plat Book 103 at Page 1 and is more particularly described as follows: Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch dia. Steel pipe with a cap marked "9", thence S 75°05'24" E along the Northerly boundary of said Block 9, a distance of 120 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar, the Point of Beginning; thence S 75°05'24" E, along said northerly line of Block 9, a distance of 60 feet; thence S 14°50'15" W a distance of 110.30 feet to the Northeast Corner of Lot 4 of this survey monumented with a 1 '/2 inch dia. aluminum cap on 3/8 inch dia. rebar; thence N 75°07'25" W a distance of 60 feet to the Southeast corner of Lot 2 of this Survey, from which a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar bears N 14°50;15" E a distance of 10 feet; thence N 14°50' 15" E a distance of 110.34 feet to the point of beginning. BUS_RE/5673716.1 P602 IX.a The Subject Property is subject to the following matters of record: 1. Reservations and exception as set forth in the Deed from the City of Aspen recorded in Book 79 at Page 36,Book 59 at Page 328, Book 59 at Page 461, Book 59 at Page 336, Book 59 at Page 71, Book 59 at Page 381, Book 59 at Page 105, Book 59 at Page 407, Book 59 at Page 273, Book 59 at Page 345, Book 59 at Page 36, Book 59 at Page 37, Book 59 at Page 21. 2. Terms, conditions, provisions and obligations as set forth in Ditch map recorded December 17, 1926 in Book 2 at Page 75. 3. Terms, conditions, provisions and obligations as set forth in Easement recorded June 6, 1973 in Book 276 at Page 494. 4. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 86, Series of 1982 by City Council of the City of Aspen recorded January 28, 1982 in Book 420 at Page 459. 5. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded March 4, 1987 in Book 530 at Page 678. 6. Easements, rights of way and all matters as disclosed on Land Survey Plat recorded June 6, 2011 in Plat Book 97 at Page 12. 7. Easements, rights of way and all matters as disclosed on Plat of Ranger Station Subdivision recorded May 22, 2013 in Plat Book 103 at Page 1. 8. Covenants and Restrictions in Quit Claim Deed from the United States of America to Todd Gardner recorded September 27, 2013 as Reception No. 604268. 9. Deed of Trust dated September 26, 2013 given in favor of Frontier Bank, and recorded September 27, 2012 as Reception No. 604269. 10. Right of Way Grant given in favor of SourceGas Distribution LLC recorded January 14, 2015 as Reception No. 607268. 11. Deed of Trust, Security Agreement, Fixture Filing, Financing Statement and Assignment of Leases and Rents dated July 8, 2015 and recorded July 8, 2015 as Reception No. 621357. This letter shall further confirm that as the owner of the Subject Property, CCI Lot 3, LLC has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property. BUS_RE/5673716.1 • 0 P603 IX.a Sincerely, Curtis B. Sanders BUS_RE/5673716.1 0 0 P604 3 Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: Lots 1 and 2, Ranger Station T.B.D. Eighth Street Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. 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: Owner printed name: or, Attorney signature: date: -1,r7 Attorney printed name: Curtis B. Sanders, A.R. No. 23551 April, 2013 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 0 0 P605 Ix.a Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: Lots 1 and 2, Ranger Station T.B.D. Eighth Street Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. 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: Owner printed name: or, Attorney signature: date: 44 Attorney printed name: Curtis B. sanders, A.R. No. 23551 April, 2013 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 a a Agreement to Pay Application Fees An aqreement between the tay of Aspen (--urty) ana Property St. George Investments, L.L.C. Phone No.: c/o Curtis B. Sanders; (970) 300-0114; Owner ("I"): Email: csanders@shermanhoward.com Address of Ranger Station Lots 1 and 2, Billing c/o Curtis B. Sanders, Sherman & Property: TBDEig hth (send bills hth Street, Aspen, Address: g p Howard L.L.C., 320 West Main (subject of Colorado 81611 bs here) Street Aspen, CO 81611 application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that 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. $ 975 flat fee for APCHA (Housing) $ 0 flat fee for -Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review 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 mailed 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 the processing of my application at the hourly rates hereinafter stated. $ 3,250 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: .a January. 2013 City of Aspen 1 130 S. Galena St. 1(97F920-5F09O IX Agreement to Pay Application Fees An agreement between the U1tV of Ashen cuitv") and Property CCI Lot 3, LLC Phone No.: (970) 925-6300 Owner ("I"): Email: csanders@shermanhoward.com Address of Ranger Station Lot 3, T.B.D. Eighth Billing c/o Curtis B. Sanders, Sherman & Property: Street Aspen, Colorado 81611 Address: Howard L.L.C., 320 West Main (subject of (send bills here) application) Street, Aspen, CO 81611 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that 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. $ 975 $0 flat fee for APCHA (Housing) flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review 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 mailed 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. 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 the processing of my application at the hourly rates hereinafter stated. $ 3,250 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director Property Owner: ' '00e� Name: Georife Baker City Use: 4225 Title: Manager January, 2013 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 I ign • • P608 ATTACHMENT 2 -LAND USE APPLICATION IX.a PROJECT: Name: St. George Investments, L.L.C. Location: Ranger Station Lots 1 and 2 T.B.D. Eighth Street, Aspen, Colorado 81611 (Indicate street address lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512428001 (Lot 1)• 273512428002 (Lot 2) APPLICANT: Name: St George Investments L.L.C. Address: c/o Curtis B. Sanders Sherman & Howard L.L.C. 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 RF.PRF.SF.NTATIVE: Name: Curtis B. Sanders Sherman & Howard L.L.C. Address: 320 West Main Street Aspen Colorado 81611 Phone #: (970) 300-0114 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ® GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Amendment) Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane ❑ Small Lodge Conversion/ Expansion ❑ Commercial Design Review ❑ Lot Split ❑ Other: ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings uses, previous approvals, etc.) Vacant land The Property is not subject to any existing land use approvals PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Applicant proposes obtaining a GMQS Allotment for Lot 1 and for Lot 2 and City approval of the right to satisfy applicable affordable housing mitigation requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. Have you attached the following? FEES DUE: $4,225.00 ® Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre - application conference summary will indicate if you must submit a 3-D model. BUS_RE/5673787.1 • 0 P609 IX.a ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: CCI Lot 3, LLC Location: Ranger Station Lot 3, T.B.D., Eighth Street, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate)_ Parcel ID # (REQUIRED) 273512428003 APPLICANT: Name: CCI Lot 3, LLC Address: c/o Curtis B. Sanders, Sherman & Howard L.L.C., 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 REPRESENTATIVE: Name: Curtis B. Sanders, Sherman & Howard L.L.C. Address: 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ® GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Amendment) Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane ❑ Small Lodge Conversion/ Expansion ❑ Commercial Design Review ❑ Lot Split ❑ Other: ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Vacant land. The Property is not subject to any existing land use approvals. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Applicant proposes obtaining a GMQS Allotment for Lot 3, and City approval of the right to satisfy applicable affordable housing mitigation requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. Have you attached the following? FEES DUE: $4,225.00 ® Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre - application conference summary will indicate if you must submit a 3-D model. BUS_RE/5673891.1 P610 IX.a ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lots 1 and 2, Ranger Station Applicant: St. George Investments, L.L.C. Location: Lots 1 and 2, Ranger Station, T.B.D. Eighth Street, Aspen, Colorado 81611 Zone District: R-6 Lot Size: Lot 1: 6,623 s.f. ; Lot 2: 6,621 s.f. Lot Area: Lot l: 6,023 s.f.; Lot 2: 6,021 s.f. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Number of residential units: Existing: 0 Proposed: One (1) per Lot Number of bedrooms: Existing: 0 Proposed: N/A Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area (Lot 1): Existing: 0 Allowable: 3,240 Proposed: N/A Floor Area (Lot 2): Existing: 0 Allowable: 3,240 Proposed: N/A Principal bldg. height: Existing: N/A Allowable: 25' Proposed: N/A Access. bldg. height: Existing: N/A Allowable: 25' Proposed: N/A On -Site parking: Existing: N/A Required: * Proposed: N/A • Site coverage: Existing: N/A Required: * Proposed: N/A • Open Space: Existing: N/A Required: * Proposed: N/A Front Setback: Existing: N/A Required: * Proposed: N/A Rear Setback: Existing: N/A Required: * Proposed: N/A Combined F/R: Existing: N/A Required: * Proposed: N/A Side Setback: Existing: N/A Required: * Proposed: N/A Side Setback: Existing: N/A Required: * Proposed: N/A Combined Sides: Existing: N/A Required: * Proposed: N/A Distance B/W Bldgs: Existing: N/A Required: * Proposed: N/A * Per City of Aspen Land Use Code. Existing non -conformities or encroachments: Variations requested: BUS_RE/5673822.1 Ix.a • . ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lot 3 Ranger Station Applicant: CCI Lot 3, LLC Location: Lot 3 Ranger Station T.B.D. Eighth Street, Aspen, Colorado 81611 Zone District: R-6 Lot Size: 6,619 s.f. Lot Area: 6,019 s.f. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Number of residential units: Existing: 0 Proposed: One 1 Number of bedrooms: Existing: 0 Proposed: N/A Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: 0 Allowable: 3,240 Proposed: N/A Principal bldg. height: Existing: N/A Allowable: 25' Proposed: N/A Access. bldg. height: Existing: N/A Allowable : 25' Proposed: N/A On -Site parking: • Site coverage: • Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Side Setback: Combined Sides: Distance B/W Bldgs Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A * Per City of Aspen Land Use Code. Existing non -conformities or encroachments: None. Variations requested: None. Required: Required: Required: Required: Required: Required: Required: Required: Required: Required: Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A P611 BUS_RE/5673896.1 R--d Butte C,?mr-ter, if of 7, aftlawl Part, June 18, 2015 Aspen 9 0 Forest Service Lots 1 and 2 Vicinty Map Aspen Faeoe Auddonum 71. muz4c Tent and Hams tiall a AsWn Cc-nw k Plhysks Z' Gillespie,st Pear! Cl rr Aspen Ce n%e r for E"*jann-,;-ntal VV -77 I's his, ar C:5 Z. Ye I'D DO V) Prxk P t wimaifIrst -zz Z7 Palk A.ppri kc- Garden P612 IX.a 1:9,028 0 0.075 0.15 0.3 rrd 1 .. . . . . 1 1, i .. 0 0.1 0.2 0.4 km Sources. Esri, HERE, DeLorme, TomTom, Intermap, rcrement P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance SLrvey Esd Japan, METI, Esn Chna (Hong Kong). swisstopo, WapmyIndia, C OpenStreetMap contributors, and the GIS User Community • • P613 IX.a CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 970.429.2759 DATE: 5/28/15 PROJECT: Ranger Station Subdivision, remaining Lots 1, 2 & 3 REPRESENTATIVE: Curt Sanders TYPE OF APPLICATION: Growth management quota system DESCRIPTION: The US Forest Service has recorded a survey with the Pitkin County Clerk and Recorder's office (reception number 599691) creating five separate lots from a portion of the federal agency's property bounded by Eighth Street and Smuggler Street. City recognizes that the Forest Service recorded a survey which purportedly created five separate lots within the municipal boundaries. However, the subdivision was not approved by the city via a city review process. Thus, although the city will recognize that the lots were legally created, since they were created in 2013 development of the individual lots is contingent on meeting city regulations. Currently, all of the lots are located within the Medium -Density Residential (R-6) zone district with a Planned Development (formerly Specially Planned Area) overlay. Prior to developing a lot, a growth management development allotment must be applied for and granted for each lot by the city. Once granted an allotment the lots are subject to the city's development regulations such as the zone district's dimensional standards, calculations and measurements, parking standards and impact fees as examples. The request for a development allotment can be applied for under Residential development — sixty percent (60%) affordable, subsection 26.470.070.9.b. of the land use code. This review is approved, approved with conditions or denied by the Planning and Zoning Commission (P&Z) and requires affordable housing mitigation. The mitigation noted is for the development of a "for sale" unit, with a certain amount of Floor Area; however, most of the lots cannot accommodate more than one dwelling unit per lot. The growth management review for Affordable Housing permits newly built units or buy - downs, a cash -in -lieu payment (with conditions), a Certificate of Affordable Housing Credit, or a mix of these methods which can be outlined in any approval granted. Once the allotment is granted no further affordable housing will be required of the lot. Cash -in -lieu in excess of 1.25 FTEs is required to be approved by council. Staff recommends the applicant consent to all approvals being combined for review by city council if cash -in -lieu is pursued. Recently, Lots 4 and 5 requested development allotments via city council. Ordinance No. 16 (Series of 2015) granted the two development allotments and memorialized that mitigation may be provided via a cash -in -lieu payment or through extinguishment of Affordable Housing Credits. Council also made a determination with regard to any steep slopes on each lot (see ordinance). The request for allotments for each lot may be submitted together or independently. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/ ASLU GMQS Lot s 1, 2 & 3, Ranger Station Sub. BUS_RE/5669153.1 • P614 IX.a Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s 26.304 Common development review procedures 26.470 Growth Management Quota System 26.470.070 (9)(b) Residential development - sixty percent (60%) affordable 26.470.070 (4) Affordable housing 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment 26.470.100 Calculations 26.470.110 Growth management review procedures 26.710.040 Medium Density Residential (R-6) Review by: Community Development Staff for complete application Public Hearing: A combined review, by city council, if cash -in -lieu in excess of 1.25 FTEs is pursued is solely pursued without subdivision. Planning Fees: $3,250 for Major Development Application review by Planning and Zoning and potentially City Council. This includes twelve (10) hours of staff review time. Additional time over twelve (10) hours will be billed at $325 per hour. Housing Referral: $975 Total Deposit: $4,225.00 To apply, submit the following information: ❑ 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 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 written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. BUS_RE/5669153.1 • • P615 Ma ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ Written responses to all review criteria. ❑ An 8 112" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 Copies of the complete application packet and, if applicable, associated drawings. Number of copies correlates to referral agencies and review boards. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. ❑ A sketch up model will be required for the public hearing. 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. BUS_RE/5669153.1 • • P616 Ma ASLU GMQS Lot s 1, 2 & 3, Ranger Station Sub. BUS_RE/5669153.1 aaaveroae. naasva, on/aa/aoaa etas vat �aa nr a or a, Jenaa K. vote raedtaa, vlratn county, co vue as 1os Po • ECORDER'S NOTE: �r►ot approved through su6d)v sloe process 1 IX.a I --- RANGER STATION SUBDIVISION TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M. SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE PITKIN COUNTY, COLORA.DO NATUREANDPURPOSEOFSURVEY This Survey was perhbdescribeed to locate and describe lands in Section 12, T. 10 S., R.85 W. of the 6th Principal Meridian to be conveyed by authority of the Forest Service Facility Realigunent and Erthance to nt Act of 2005. END. Original 3/4" dia. snel pipe with cap marked "9„ I' b 0 sr END. 3/8" die Rebar Accepted as S.W. Comer of Block 9 a76iB0002,z,,j 4YBE� S7J•0 �; PS OFBEA,%we V. 270.53' LM 1 c h 6,623 eq ft a q g 6.6221 ft ' ti _ 2 Lot 3 6,619 >q ft / 2 we to a we to- a centc0oe of Si loluuon Diu bJ^$ 60.00•� / Sa Noce J 180.00• S,9 R 71 sW . J43�3 Lot 5 7490 Sq.ft. / Block 9 / J23 w� •�ayfG�yo.s8.— / 03 Not to Seale END. Original 3/4" die steel pipe with cap marked "9" P617 Ceetmltrc of � � /�ilohriwn Ditch FND. 2 1,.- dia. aluminum / cap on 3/4" du. rcbar. / Block 10 NOTES: n FND. 2 1/2" dia. aluminum V ' 1. The positio ofcomen used and act here in were cap cm 3/4' die. tuber. obtained using a combination of Static and RTK GPS techniques and meet the USDA -Forest Service and \ USDI-Bureau of Land Management "Standards and \\ 1 Guidelines for Cadasnal Surveys using Global Positioning System Methods." 2. Centerline data shown fbr the Si Johnson Ditch is of the actual location at found on the ground. 3. An underground mutual gas distribution pipeline, with a total right of way width limited to 10 feet plus the ground occnrpied by the pipe. 4. An underground electric electric power line, with a total right of way width limited to 10 feet. 5. A switchgear station comisting of a buried vault and a surfucc metal cabinet. LOT DESCRIPTIONS 6. A 20 foot wide access ewcmmt for Lots 1, 2, 3, and 4; with For Survey Descriptions of Lots 1, 2, 3, 4 and 5 , See Sheet 2 of 2. the centerline being the shared property boundary between Lora 1, 2, 3, and 4. BASIS OF BEARINGS The basis of bearing is S. 75e05'24" E. as measured between the NE and NW Comers of Block 9, being found original 3/4 inch diameter CERTTFICAT•E OF SURVEY steel pipe monuments with caps appropriately marked as shown on ` I, Wyman E. Bontnger, ProfrviotW Lod Surveyor No. 29408, the Aspen Townsite map, recorded at Book 4, Page 27, Pitkin County, Colorado. �,s Stare of Colorado, do hereby certify that this plat crnrxtly �y4 epresenn a survey made by me or under my direction in UNITS OF MEASUREMENT t ta"O cottfomadon with the laws of the Stan of Colorado and at All distances shown in this survey are in U.S. Survey Feet. the requear of the U.S. Department of Agriculnue, Force Smite. RIGHTS OF WAY AND EASEMENTS I eGENn U. S. D. I - FOREST SERVICE REGION 2: WHITE RIVER NATIONAL FOREST All Ri^� ts-of--wa s and easements may not be shown on this N' Y Y ' USFSI In" Ataa.nam Gp II-S34999) plat at the request of the U.S. Forest Service. Rights -of -ways odah"I any Mosame.r BOUNDARY MANAGEMENT UNIT and easements are shown on plat recorded June 6, 2011 by David W. and I tn^ Af.am.n a �s:9409 tsetl °- 4 900 Grand A— Glenwood Springs, Colorado 8160t a-rows-xszl as Rec. No, 580311 in Bit. 97, P 12, Pitkin Coup Colorado. $• County O bat le. die. reMr — WlmaaC.— RANGER STATION SUBDIVISION T. 10 S., R. 85 W. 6th P. M. gatL `a'301 Section 12 Blocks 9 and 10 of Aspen Townsite PITKIN COUNTY, COLORADO s NOTICE: According to Colorado law, you must commence �yaa~a atw" u^ 1 AND SURVEY nppnsn's s—'ed By: wye+ea E. Roatraeer ate: SgNW13 any legal action based upon thu survey within three 'r v y r' w Flrtla Cwty GMrta RKwdar'a Ofh T16 earveeyy u meat. en myysquat aaa aaepW for Natbeat Forweat meupm dt prurpow: / yeah after you f t discover such defect. In no event, Day ef ZZ z o /B % i Tt.�.n may any action based upon any defxt in this survey be Iaaok /0 3 lrye menced more than ten yeah from the date ofthe,G(,G_ PROJECT No. SHEET1OF certification shown hereon. �jeF�+Y C1<rlc Raoplsa. Nn 59964! 1 OF 2 2 osiunoea�a a 'aieooa sw a, a.".> a. v.. • e.amu, aausa r<,:aey. eo r as w u • P618 I03 P�Ix.a RANGER STATION SUBDIVISION TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M. SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE PITKIN COUNTY, COLORADO LOT DESCRIPTIONS Portions of Blocks 9 and I0 of the Townsite and City of Aspen, County of Pitkin, State Of Colorado, also being a portion of lands described in Case No. 11240 filed with the Clerk and Recorder for Pitkin County, in Book 157 at Page 305. LOT 1, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75' 05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14'50' 15" W. a distance of 110.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminim cap on 3/8" dia. rebar bearing N. 14*50'15" E. 10 feet; thence N. 75'07'25" W., along said northerly line of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14150'16"E. 10 feet; thence N. 14*50'16"E., along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest comer of Block 9, the Point of Beginning. Containing 6,623 square feet., more or less. LOT 2, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75' 05'24" E.. along the northerly boundary of said Block 9, a distance of 60 feet to a 1 1/2' dia. aluminum cap on 3/8" dia. rebar, the Point of Beginning. Thence S.75'0524"E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14'50'15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N. 14'50'15" E. 10 feet; thence N. 75'07'25" W., along said northerly line of Lot 4, a distance of 60 feet to a point on said north line of Lot 4 also being the southeast comer of Lot I of this survey from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14'50' 15"E. 10 feet; thence N. 14'50' 15"E. a distance of 110.37 feet to the Point of Beginning. Containing 6,621 square feet., more or less. LOT 3, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch dia. steel pipe with cap marked "9", thence S. 75' 05'24" E., along the northerly boundary of said Block 9, a distance of 120 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch dia rebar, the Point of Beginning. Thence S.75'05'24"E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14*50'15" W. a distance of 110.30 feet to the Northeast Comer of Lot 4 of this survey monumented with a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar, thence N. 75'07'25" W. a distance of 60 feet to the southeast comer of Lot 2 of this survey, from which a 1 1/2 inch die. aluminum cap on 3/8 inch dia. rebar bears N. 14'50'1 5"E. a distance of 10 feet; thence N. 14'50'15"E. a distance of 110.34 feet to the Point of Beginning. Containing 6,619 square feet., more or less. NOTICE: According to Colorado law, you mun commence any legal action based upon this survey within three years after you first dis—er such defm. In no event, may any action based upon any defect in this survey be ommenced more than ten years from the date of the cenif a ion shown hereon. LOT 4, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch die. steel pipe with cap marked "9", thence S.14*50' 16" W., along the westerly line of said Block 9, a distance of 110.41 feet to the Point of Beginng, from which a 1.5 inch dia. aluminum cap on 3/8 inch rebar bears N. 14'50'16 E. a distance of 10 feet and a 1 1/2" die. aluminum cap on 3/8 " dia. rebar beats S. 14'50' 16" E. a distance of 10 feet; thence S. 75'07'25" E. a distance of 180.00 feet to the Southeast comer of Lot 3 of this survey monumented with a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence SA 1'23' 15"W. a distance of 81.68 feet to 1 1/2 inch die. aluminum cap on 3/8 inch rebar, thence N.73'58'21 "W. a distance of 143.52 feet to a point on the westerly line of Block 9, monwnemd with a 1 1/2 inch dia. aluminum cap on 3/8 rebar, thence N.14'50' 16"E. a distance of 70.20 feet to the Point of Beginning. Containing 11,615 square feet, more or less. LOT 5, Ranger Station Subdivision Beginning at the Southwest Comer of said Block 9 of the Aspen Townsite monumented with a 3/8 inch diameter rebar, thence N. 14'50'16" E. a distance of 40.20 feet to a point monumented with a 1.5 inch diameter aluminum cap on 3/8 inch diameter rebar, thence S. 75*09123" E. a 143.52 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence S.44'34'24"W. a distance of 65.91 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence N.75'09'23"W. a distance of 110.80 feet to a point on the westerly line of Block 9 monumented with a 1 1/2 inch aluminum cap on 3/8 inch rebar; thence N. 14*59 16"E., along said westerly line of Block 9, a distance of 20.00 feet to the Point of Beginning. Containing 7490 square feet, more or less. ov- CERTMCATE OF SURVEY - I Wyman E. Bon!a er, Professional Land Surveyor No. 29408, Sitate of Colorado, do hereby certify that this plat correctly represents survey ts a svey made by me or under m direction in conformation with the laws of the State of Colorado and at the request of the U.S. Department of Agriculture, Forest Service. l .xn cl lre� v o�cvnarrs elLLla ce.nb Curt a aae.r4a/a Date. Da. 9aot tap Rwpdes N U.SD.A.- (n) BOUNDARY MANAGEMENT UNIT U 900 Gnndd Ave. Glenwood Springs, Colondo a1601 a7o-445-2sm RANGER STATION SUBDIVISION T. 10 S., R. 85 W. 6th P. M. Section 12 Blocks 9 and 10 ofAsoen Townsite (ta(ar i-o Pie 1. a"rvryW N>yra Narloaal Fom.u. PROJECT No. 120706 2 OF 2 P619 g � oa � �0 3 ,�•1., a �gi��s�?y zmo�Wafill gin Vol �p-!gm 9ti m HO f� MIN RED 11 H' � F O nn� O � U 0 I O w �- zLn O z ale z LD 0 l m w O Ln O Ay J N H o Z W ^� w Ln W w z _ Z F-LLJ % N w O z z 3 O � i M qn �•� d � •' °n en 8 Y � k yy2 Lrty+r�lr + • MIR o e c e 0 a% 2i •.� o • I I I z$ d 7. 8 9 im HIM, ,81x1 11111 0 Exhibit E P622 IX.a MEMORANDUM TO: Jennifer Phelan, Community Development Department FROM: APCHA Board of Directors THRU: Mike Kosdrosky, Executive Director Cindy Christensen, Operations Director DATE: September 3, 2015 RE: Redevelopment Lots 1, 2 and 3, Ranger Station "Subdivision" ISSUE: The applicant is seeking Growth Management approval for development of a single- family home on each of the subject lots. BACKGROUND: The Board previously reviewed a similar request for Lots 4 and 5. The Forest Service owned the property from May 1940 to September 2013. The Forest Service conveyed five lots of the "Ranger Station Subdivision" to three separate owners over a six-month period. CCI Lot 3, LLC, a Colorado limited liability company, is the owner of Lot 3 and St. George Investments L.L.C., a Louisiana limited liability company, is the owner of Lots 1 and 2. The applicants are requesting the right to pay a fee -in -lieu to resolve a disagreement concerning which section of the Growth Management code applies to the property. The lots were made a part of the City of Aspen in the 1880 Townsite Map and the U.S. Forest Service acquired title to the property through a condemnation proceeding completed in 1940. All of the Forest Service Lands were owned by the Forest Service for approximately 74 years. The applicant states that the subject lots should be classified as "non -conforming lots of record" and processed under Code Section 26.312.050, as stated below: A detached single-family dwelling and customary accessory buildings may be developed on a lot of record if 1. The lot of record is in separate ownership and not contiguous to lots in the same ownership; and 2. The proposed single-family dwelling can be located on the lot so that the yard, height, open space and floor area dimensional requirements of the zone Redevelopment of Lots 1, 2 & 3 — Ranger Station Subdivision Page 1 • 9 P623 IX.a district can be met or a variance is obtained from said dimensional requirements pursuant to Chapter 26.314. The Code provides a property owner two regulatory paths to receive a Growth Management (GM) allotment. If a lot has a pre-existing "development right," then the GM process may proceed administratively and employee housing mitigation for a single-family home may be accomplished by one of the six alternatives listed in Code Section 26.470.060.2.1.3). If a lot does not have a pre-existing development right, then the GM allocation must be acquired through the Planning and Zoning Commission application. The six alternatives listed in Code Section 26.470.060.2.1.3) are as follows: 1) Providing an above -grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 2) Providing an accessory dwelling unit, or a carriage house, authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; 3) Providing an off -site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; 4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; 5) Recording a resident -occupancy (RO) deed restriction on the single-family dwelling unit being constructed; or 6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.060 Authority of the Certificate, commensurate with the net increase of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended. In July of 2013, the Community Development Department indicated that the U.S. Forest Service had recorded the survey plat "creating" five separate lots. The City of Aspen recognized the legal creation of the Forest Service Lots as a result of the Survey Plat, but that none were currently developable since they were not created as legally separate properties pursuant to the City of Aspen subdivision regulations; that they could be developed only pursuant to the Growth Management Quota System. In conclusion, according to the City of Aspen, none of the lots is currently developable; further, according to the City, in order to develop a Forest Service lot, the owner must receive GMQS approval. This would require each lot to provide one affordable housing residence (which represents a minimum of 30% of a Forest Service Lot's floor area), with such unit being deed restricted as a Category 4 "for sale" unit. DISCUSSION: Under the GMQS regulations, affordable housing can be mitigated by providing either: 1) a fee -in -lieu payment, subject to City Council approval; 2) newly built or buy down units; 3) utilization of the Affordable Housing Credit Certificate program. Redevelopment of Lots 1, 2 & 3 - Ranger Station Subdivision Page 2 0 P624 For a 6,000 square foot lot to develop its 3,240 square feet of FAR, the owner would need to purchase around 2.43 Category 4 FTE's per lot. Assuming one FTE Category 4 credit is being sold for $175,000 (going rate last year), to develop a 3,240 square foot residence would require mitigation of approximately $400,000. If each of the lots had one development right, an owner could mitigate as follows: • Pay fee -in -lieu of $254,320 per lot, an automatic right, and does not require City Council approval; or • Construct an on -site ADU of 300 square feet on each lot (City Code does not prohibit construction of ADU on lots with the dimensions of the Forest Service lots); • Purchase and provide affordable housing mitigation certificate for one Category 4 FTE for each 3,000 square feet of FAR constructed on each lot. The entire property is designated with a Planned Development (PD) overlay. Under the PD overlay, a single-family or duplex residence is permitted to be developed on each lot. Under Growth Management, where a project consists of only one free-market residence, there is a minimum of one affordable housing residence representing a minimum of 30% of the project's total floor area, deed restricted as a Category 4 "for sale" unit. The intent of the mitigation requirement applicable to these lots is for a physical unit; however, as stated above, the lots are not large enough to permit more than one dwelling unit on each property. The City Council, on May 4, 2015 and under Ordinance No. 16 (Series of 2015), approved the following for Lots 4 and 5: a. A cash -in -lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable floor area permitted for a single-family home on each lot, shall be paid prior to the issuance of a building permit for each lot. The amount of mitigation currently required for each lot is calculated as follows, based upon subsection 26.470.070(b), Residential Development — sixty percent (60%) affordable, of the land use code: Max. Allowable Floor Area x .3 — AH Floor Area Required AH Floor Area Required _ 400 = Full Time Equivalent Employees ("FTE's") FTE's X Category 4 Cash -in -Lieu Rate — Total Amount Due The amount of mitigation required, via a Certificate or cash -in -lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash -in -lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building permit application. Redevelopment of Lots 1, 2 & 3 - Ranger Station Subdivision Page 3 IX.a 0 P625 IX.a b. Vested Rights — The development approval granted herein shall constitute a vested property right attaching to and running with each of the individual lots for a period for a period of three (3) years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. RECOMMENDATION. • The APCHA Board reviewed and approved the following recommendation: • The calculation of the mitigation requirement shall be determined by the Community Development Department; • Mitigation to be based on the amount due at the time of building permit; • Mitigation shall be provided by the use of the Affordable Housing Credit Certificate program and not by cash -in -lieu; • Vesting rights to remain at the three-year threshold. Redevelopment of Lots 1, 2 & 3 - Ranger Station Subdivision Page 4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: O � 3'1 w Aspen, CO SCHEDULED PUBLIC HEARING DATE: nKrv. h-v.2 , 20 /S STATE OF COLORADO ) ss. County of Pitkin ) I, LL; f,, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fiftee�n 5) days prior to the public hearing on the LLh day of �k „ 6:4 /- , 20IS , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was ac5tmowledged before me this o?oZ day of &47P CkgEK_ , 20 %,S, by — t �u Tts F. WITNESS MY HAND AND OFFICIAL SEAL UNDA A.HRISTINA y ission expires: NOTARY PUBLIC 111TATE OF COLORADO NOTARY ID 19984031215 ` Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C R.S. §24-65.5-103.3 ��.firy +-f + T- '� •�+�.'��t �`��'+ �� � 'jr '�fi ,), �. M✓. .t.. Nil , ..� � f '� (M� a _ - -, \ � � .''^�l: ..I '('f �� . �� • ;tom n '� �;, ! � r .^ "r •. / � � � � - _ • fir:. en-, / �' / _ i� �� (`� j.,� j/'� sir / -��. I�".�..�•- � � , .` {� `. Pitkin County Mailing List of 300 Feet Radius From Parcel: 273512428002 on 09/11/2015 f TKIN joU1vT� Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com • GOLDRICH MELINDA REV TRUST 825 W NORTH ST ASPEN, CO 81611 CROSSROADS CHURCH OF ASPEN 726 W FRANCIS ST ASPEN, CO 81611 HERMAN LLOYD 320 N 7TH ST ASPEN, CO 81611 RATNER DENNIS F TRUST 1577 SPRING HILL RD # 500 VIENNA, VA 22182 POWELL WILLIAM EUGENE TRUST 04/1992 11 LYNN BATTS LN #100 SAN ANTONIO, TX 78218 BOOTH OTIS RES TRUST 10431 BELLAGIO RD LOS ANGELES, CA 90077 5 STRING LLC PO BOX 1709 GATLINBURG, TN 37738 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 T AND J LLC 327 SNUG HARBOR RD NEWPORT BEACH, CA 92663 SIMMONS W JUNE TRUST 4128 RHODES AVE STUDIO CITY. CA 91604 817 WEST NORTH STREET LLC 2542 EMMA RD BASALT, CO 81621 BIXBY NINA 4128 RHODES AVE STUDIO CITY, CA 91604 SCHWAB ROBERT AND LOUISE FAMILY TRU 949 WEST SMUGGLER STREET LLC 10940 WILSHIRE BLVD #2250 3489 W 62 AVE LOS ANGELES, CA 90024 DENVER, CO 80221 OK SMUGGLER LLC 735 W SMUGGLER ST ASPEN, CO 81611 METCALF F MEAD REV TRUST PO BOX 32 ASPEN, CO 81612 COHEN SANDRA REV TRUST 901 W FRANCIS ST ASPEN, CO 81611 PARELMAN ALLEN G REV TRUST 734 W SMUGGLER ASPEN, CO 81611 FRANCIS STREET CONDO ASSOC COMMON AREA 733 W FRANCIS ST ASPEN. CO 81611 FRANCIS STREET TOWNHOMES CONDO AS! LBH CONDO ASSOC COMMON AREA COMMON AREA 901 W FRANCIS ST 521 N SEVENTH ST ASPEN, CO 81611 ASPEN, CO 81611 MG DUPLEX LLC ST GEORGE INVESTMENTS LLC 825 W NORTH ST 601 POYDRAS STE 2625 ASPEN, CO 81611 NEW ORLEANS, LA 701306043 SMUGGLER LLC 1044 OLIVE ST DENVER, CO 80220 COLGATE ROSEMARY WILLIAMSON TRUST 422 ESTANTE WY LOS ALAMOS, NM 87544 COHEN ANTHONY H REV TRUST 901 W FRANCIS ST ASPEN, CO 81611 BECKLEY JOHN W & MARY ANN P 16818 FALLS RD UPPERCO, MD 21155 TREEHOUSE CONDO ASSOC COMMON AREA 822 W SMUGGLER ST ASEPN, CO 81611 MEADOW WATCH CONDO ASSOC COMMON AREA W SMUGGLER ASPEN, CO 81611 CCI LOT 3 LLC 813 BONITA DR ASPEN, CO 81611 ASPEN DRAGONFLY PARTNERS III LLC ASPEN DRAGONFLY PARTNERS IV LLC BAIRD STEPHEN W & SUSAN MERRITT TRUE 601 E HYMAN AVE 601 E HYMAN AVE 120 S LASALLE ST ASPEN, CO 81611 ASPEN, CO 81611 CHICAGO, IL 60603 MCTAMANEY ROBERT A III 2012 FAMILY TRL FOREST SERVICE ASPEN HEADQUARTERS MORRIS JOHN S JR KUKIO 72 124 LAE KIKAUA MAUKA ST UNITED STATES FOREST SERVICE PO BOX 8991 KAILUA KONA , HI 96740 ASPEN, CO 81612 TALENFELD ELIZABETH G 915 W FRANCIS ST ASPEN, CO 81611 SCHUHMACHER ASPEN PARTNERSHIP NO II 505 N 8TH ST ASPEN, CO 81611 SAXON FAMILY DELTA TRUST 6677 S EVANSTON CIR TULSA, OK 74136 SAXON BRUCE CHARLES 6677 S EVANSTON CIR TULSA, OK 74136 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Lots / G+.+ %/yt w� �. h� C� vl - Aspen, CO i SCHEDULED PUBLIC HEARING DATE: _ to Ic bc� ,2 , 20� STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the yday of , 20; to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. i Signature The foregoin "Affidavit of Notice" was acknowledged before me this doZ day of ALPM, LQA, 20JY, by C[ 111-5 B. Se/S UND1 WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO My mission expires: NOTARY ID 19WO3121 S W i od. N�A� CIL Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 z 00, z 4 Vic: it '.), fe 4� T 7� PUB D ate : E Time.5 Place: City Mail. 1;w 3 Galena Purpose: Aspen City Council will consider an -y application submitted by CCI,LLC (c"o Sherman & Howard.320 W. Mah St Aspen. CO 81611) for this site. T�, develop the lot with a residence, applicant requests Growth Manage- ment Reviews for a developrn -nt allotment. to pay housing miti,X�an -7 via cash or housing credit, slope determination- Cont9cj & a steep .1 Aspen Al nning Dept 970�� 7'�gm f f QTL tf Pitkin County Mailing List of 300 Feet Radius From Parcel: 273512428002 on 09/11/2015 tT'KIN AUNTo� Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com • • GOLDRICH MELINDA REV TRUST 825 W NORTH ST ASPEN, CO 81611 CROSSROADS CHURCH OF ASPEN 726 W FRANCIS ST ASPEN, CO 81611 HERMANLLOYD 320 N 7TH ST ASPEN, CO 81611 RATNER DENNIS F TRUST 1577 SPRING HILL RD # 500 VIENNA, VA 22182 POWELL WILLIAM EUGENE TRUST 04/1992 11 LYNN BATTS LN #100 SAN ANTONIO, TX 78218 BOOTH OTIS RES TRUST 10431 BELLAGIO RD LOS ANGELES. CA 90077 5 STRING LLC PO BOX 1709 GATLINBURG, TN 37738 T AND J LLC 327 SNUG HARBOR RD NEWPORT BEACH, CA 92663 SIMMONS W JUNE TRUST 4128 RHODES AVE STUDIO CITY, CA 91604 817 WEST NORTH STREET LLC 2542 EMMA RD BASALT. CO 81621 BIXBY NINA 4128 RHODES AVE STUDIO CITY, CA 91604 SCHWAB ROBERT AND LOUISE FAMILY TRU 949 WEST SMUGGLER STREET LLC 10940 WILSHIRE BLVD #2250 3489 W 62 AVE LOS ANGELES, CA 90024 DENVER, CO 80221 OK SMUGGLER LLC 735 W SMUGGLER ST ASPEN, CO 81611 METCALF F MEAD REV TRUST PO BOX 32 ASPEN, CO 81612 COHEN SANDRA REV TRUST 901 W FRANCIS ST ASPEN, CO 81611 PARELMAN ALLEN G REV TRUST 734 W SMUGGLER ASPEN, CO 81611 CITY OF ASPEN FRANCIS STREET CONDO ASSOC 130 S GALENA ST COMMON AREA ASPEN, CO 81611 733 W FRANCIS ST ASPEN, CO 81611 FRANCIS STREET TOWNHOMES CONDO AS! LBH CONDO ASSOC COMMON AREA COMMON AREA 901 W FRANCIS ST 521 N SEVENTH ST ASPEN, CO 81611 ASPEN, CO 81611 MG DUPLEX LLC ST GEORGE INVESTMENTS LLC 825 W NORTH ST 601 POYDRAS STE 2625 ASPEN, CO 81611 NEW ORLEANS, LA 701306043 SMUGGLER LLC 1044 OLIVE ST DENVER, CO 80220 COLGATE ROSEMARY WILLIAMSON TRUST 422 ESTANTE WY LOS ALAMOS, NM 87544 COHEN ANTHONY H REV TRUST 901 W FRANCIS ST ASPEN, CO 81611 BECKLEY JOHN W & MARY ANN P 16818 FALLS RD UPPERCO, MD 21155 TREEHOUSE CONDO ASSOC COMMON AREA 822 W SMUGGLER ST ASEPN, CO 81611 MEADOW WATCH CONDO ASSOC COMMON AREA W SMUGGLER ASPEN, CO 81611 CCI LOT 3 LLC 813 BONITA DR ASPEN, CO 81611 • Ll ASPEN DRAGONFLY PARTNERS III LLC 601 E HYMAN AVE ASPEN, CO 81611 MCTAMANEY ROBERT A III 2012 FAMILY TRL KUKIO 72 124 LAE KIKAUA MAUKA ST KAILUA KONA , HI 96740 TALENFELD ELIZABETH G 915 W FRANCIS ST ASPEN, CO 81611 SCHUHMACHER ASPEN PARTNERSHIP NO II 505 N 8TH ST ASPEN, CO 81611 ASPEN DRAGONFLY PARTNERS IV LLC 601 E HYMAN AVE ASPEN, CO 81611 FOREST SERVICE ASPEN HEADQUARTERS UNITED STATES FOREST SERVICE SAXON FAMILY DELTA TRUST 6677 S EVANSTON CIR TULSA, OK 74136 BAIRD STEPHEN W & SUSAN MERRITT TRU: 120 S LASALLE ST CHICAGO. IL 60603 MORRIS JOHN S JR PO BOX 8991 ASPEN, CO 81612 SAXON BRUCE CHARLES 6677 S EVANSTON CIR TULSA, OK 74136 • • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: L04S SAfta4 Sdo;a,'S.00;Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20 l s STATE OF COLORADO ) ss. County of Pitkin ) I, Q[ p In (r rtg ue'— (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. llwx-,�� §tnature The foregoing "Affidavit of Notice" was know ledged before me this�aAday of -/i,,t+o , 20Lt, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: o IMP Ili Notary Public KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 ATTACHMENTS AS APPLICABLE: MY Commission ExPim February 15, 2016 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED • APPLICANT CERTIFICATION OF MINER 4L ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-I03.3 NOTICE OF PUBLIC HEARING RE: Lots 1, 2 and 3, Ranger Station Subdlvi- Sion. Public Hearing: September 28, 2015, 5:00 PM Meeting Location:City Hall, City Council Cham- bers 130 S. Galena St., Aspen, CO 81611 Project Location: Bounded by Seventh Street, Smuggler Street and Eighth Street Legal Description:Lots 1, 2 and 3, Ranger Sta- tion Subdivision Description:Ap licants requests three growth management allotments, the ability to provide af- fordable housing mitigation via a cash payment -in - lieu or Affordable Housing Credits, and a determi- nation that slopes are manmade on Lot 3 Land Use Reviews Req:Growth Management Re- view for: Residential development - sixty percent (60%) affordable, Affordable housing, Provision of required affordable housing via a cash -in -lieu pay- ment, and Determination on slopes Decision Making Body:City Council Applicant: St. George Investments, LLC (owner of Lots 1 & 2) and CCI Lot 3, LLC (owner of Lot 3), Go Curtis Sanders, Sherman and Howard, 320 W. Main Street, Aspen CO 81611 More Informatlon:For further information related to the project, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2759, jenni- fer.phelan@rityofaspen.com. 1 Published in the Aspen Times on Septembers, 2015 Reeular Meetine Aspen City Council August 24, 2015 than onsite development. If the program is gone we go back to what we had where a deserving project asks for a bonus and puts that square footage on the site. Councilman Myrin said he thinks it is an appropriate conversation for some other time but he will support this for now. Councilman Daily said he will also support this proposal tonight. It is timely to revisit TDRs. Mayor Skadron concurs. Councilman Frisch moved to read Ordinance #31, Series of 2015; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #31 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING TWO TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 110 E. BLEEKER, LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, COLORADO Councilman Frisch moved to adopt Ordinance #31, Series of 2015 on first reading; seconded by Councilman Daily. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #32 & #33 SERIES OF 2015 — Ranger Station Subdivision, Lots 1-3, Growth Management Allotments Jennifer Phelan, community development, said the ranger station subdivision is comprised of five lots via a plat that was created and recorded by the US Forest Service in 2013. The property is located in the west end off of Hallam, 7' and 8`h. In 2013 the City did not object to the subdivision but did note the lots would need to be developed meeting city requirements inclusive of gaining development rights for each lots. Two lots have gone through this process and have been granted development allotments. This application is similar and is requesting three development allotments. The request includes providing mitigation through cash in lieu or affordable housing credits. One lot is requesting a determination that the slopes on the site associated with the SI Johnson ditch are man-made. Second reading is proposed for September 28'h Councilman Frisch said we treated a couple lots a month ago one way and Staff is asking to continue the consistency and treat all the lots the same way. Ms. Phelan said the application requests the same consideration. Councilman Daily asked if the intent of the mitigation requirements for the affordable housing is for a physical unit but subject the lots do not permit more than one unit on the property and where is that restriction derived from. Ms. Phelan replied the underlying zoning only allow one resident per lot so there is not the opportunity for a second unit for each lot. Councilman Daily has no objections. Councilman Myrin asked if this requires notice to the neighbors. Ms. Phelan said the notice is 15 days prior to second reading. Mayor Skadron asked if determination of man-made slopes result in greater development rights. Ms. Phelan said it will allow for the lot size to be larger allowing for greater floor area. Councilman Frisch moved to read Ordinance #32, Series of 2015; seconded by Councilwoman Mullins. All in favor, motion carried. 10 0 0 Reeular Meeting Aspen City Council August 24, 2015 ORDINANCE NO 32 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT RIEVIEWS, DETERMINING THE PRESENCE OF MANMADE SLOPES, AND VESTED PROPERTY RIGHTS FOR LOTS 1 AND 2, RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman Daily moved to adopt Ordinance #32, Series of 2015 on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. Councilman Frisch moved to read Ordinance #33, Series of 2015; seconded by Councilman Myrin. All in favor, motion carried. ORDINANCE NO 33 (SERIES OF 2015). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT REVIEWS, DETERMING THE PRESENCE OF MANMADE SLOPES, AND VESTED PROEPRTY RIGHTS FOR LOT 3, RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman Myrin moved to adopt Ordinance #33, Series of 2015 on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Myrin, yes; Daily, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #34, SERIES OF 2015.— Certificates of Affordable Housing Credits Code Amendment Jessica Garrow, community development, told the Council the public hearing is scheduled for September 15`h. The proposed code amendment would clarify when and how housing credits are established. There are six changes including limiting the program to private developers, requirement for units to be built for credits to be full units, units in a mixed use development to be for sale units or subject to a deed restriction, section related to fractional units, two options related to category limitations and limitation for credits for projects created only within the City of Aspen boundaries. Councilwoman Mullins asked for the category limitations if APCHA is working on a determination of cash in lieu. Ms. Garrow said they may bring it forward in the future. Councilman Myrin asked about the letter from Mr. Fornell about the cash in lieu amounts. Ms. Garrow said it is not in the scope of this amendment. Cash in lieu amounts are not tied to this amendment. Councilman Myrin said what is important is to listen to the people who may see things differently than Council and he wants to make sure that voice is heard. Councilman Frisch said he does not thinks Peter's letters are specifically addressed to this but the general scope. Councilman Frisch said ADU has popped up. He does not buy the fact that 25 percent are actually utilized. What is the dollar amount we are going to be telling people. What number are we talking about. Ms. Garrow said that is the next item relating to mitigation. Councilman Frisch said the greatest demand is for category two and three and it needs to be balanced with supply. Do we want to provide housing for a wide variety of categories. Are we solely focused on a demand problem. It is important for APCHA to remind us where the demand is. Mayor Skadron asked for the housing board position on Next Gen's desire. Ms. Garrow said it will be included in the second reading packet. They recommended as well as P&Z that the code language allow credits be established for any category that has cash in lieu rates within the guidelines. 11 • • P224 IX.b MEMORANDUM TO: Mayor Skadron and City Council FROM: Jennifer Phelan, Deputy Planning Director RE: Lots 1, 2 & 3, Ranger Station Subdivision — Growth Management Allotments & Planned Development Amendment, V Reading of Ordinance Nos. 32 & 33 (Series of 2015) MEETING DATE: August 24, 2015 APPLICANT /OWNER: St. George Investments, LLC (owner of Lots 1 & 2) and CC1 Lot 3, LLC (owner of Lot 3) REPRESENTATIVE: Curt Sanders, Sherman & Howard LLC LOCATION: Lots 1, 2 and 3, Ranger Station Subdivision CURRENT ZONING & USE Located in the Medium Density Residential (R-6) zone district with a Planned Development (PD) overlay PROPOSED LAND USE: The Applicants are requesting three development allotments for Lots 1, 2, and 3, the ability to provide affordable housing mitigation via a cash payment - in -lieu or Affordable Housing Credits, and a determination that slopes are manmade on Lot 3. STAFF RECOMMENDATION: Staff recommends that the City Council approve the development allotments request conditioned on 1) the use of Affordable Housing Credits or a cash payment —in -lieu as mitigation for the allotments and 2) a determination that the steep slopes present on Lot 3 are manmade. R-6 PD My i R40 -' PD ' Vicinity/zone district map of the site 9 0 P225 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicants have requested a combined review, in which all reviews and decisions are granted by City Council. The following land use approvals from the City Council are being requested: • Growth Management Quota System (GMQS) Reviews (Chapter 26.470) for free-market residential development and allotments. (As a combined review, the City Council is the final review authority.) • A Determination for Lot 3 concluding that the areas of steep slopes present on the site are manmade and should not be deducted when calculating Floor Area pursuant to Land Use Code Section 26.575.020, Calculations and Measurements (As a combined review, the City Council is the final review authority). In 2015 City Council reviewed a similar application for Lots 4 and 5 of the Ranger Station subdivision and approved an ordinance that granted issuance of two residential development allotments, permitted affordable housing mitigation to be paid via cash -in -lieu or Affordable Housing Credits, determined that any steep slopes present on the property were manmade and therefore not deducted from gross lot area, and provided vested rights for three years. BACKGROUND: The United States Forest Service (USFS) property is located in the West End of Aspen and the property is comprised of multiple lots and blocks as well as portions of alleys and W. Francis Street that were never improved (Figure 1). The property was originally platted as part of the Aspen Townsite Map of 1880 and the USFS came into ownership of the subject property in 1940. In 2012 USFS officials met with city officials in a series of meetings and discussed their intent to redevelop the administrative campus as well as sell off a portion of the property. As a federal agency, the officials represented that they were not subject to the city's jurisdiction. On May 22, 2013, the United States Forest Service (USFS) recorded a survey with the Pitkin County clerk and recorder. Entitled `Ranger Station Subdivision', the survey (which was not approved and signed by the city) created five ,._., le separate lots from the federal agency's property that is bounded by N. Eight Street, W. Smuggler Street and N. Seventh Street (Figure 2). As a result of the filing of the survey, the community development department began to field inquiries on the lots. Staff provided a summary on the development issues associated with the lots prior to their sale, most notably the fact that the lots had not been approved through a city process and that the lots had not received growth management development allotments (Exhibit B). During these discussions, it was made clear to the USFS and to potential buyers of the property that the city would not object to the subdivision of the property, although the Figure 1: A portion of the Aspen Townsite Plat, 1880 IX.b 0 . P226 IX.b USFS did not go through with a subdivision process. However, as noted above, the summary emphasized that each lot would require a GMQS allotment. All of the lots have been purchased and a land use application has been submitted for the remaining three lots, with the intent of receiving a development allotment for each. Figure 2: Ranger Station Subdivision, 2013 Op 8 ROgy B �RlNOSi 60.W 270.53, n.y 4ftLot 2 6.6215ga 2 c tot 3 t� 6,619 sq ft W A_. ENft rnxa� ,C 19 we, 10 ! ! C.— i— rKh CRF _ ` ` 1 7 bO00� / La 4 — e11.617 p ST3°T�jl 1 43.S2' ! bdc 9 — 1 td 7490 4a. . � qti Block 9 r� / KlkayyQ X •� � Camrcrlmt of i,,�/ii 1a� aka i PROJECT SUMMARY: The Applicants, St. George Investments, LLC and CCI Lot 3, LLC request a total of three development allotments, one each for Lots 1, 2 and 3 of the Ranger Station subdivision so that each lot can be developed residentially. The lots are located in the Medium Density Residential (R-6) zone district with a Planned Development (PD) overlay and exceed the minimum lot size required for the zone district. The Applicants are asking to pay a cash payment in lieu or extinguish Affordable Housing Credits for any affordable housing mitigation associated with the three development allotments being requested. Lot 3 is requesting that the steep slopes present on the site be determined to be manmade, similar to the determination made for Lots 4 and 5. Land use reviews: Growth Manazement Review for Affordable Housine: In most instances a multi -lot subdivision requires the development of affordable housing mitigation in the form of physical units. Examples of subdivisions that include a certain ratio of free-market to affordable housing development include Trainors Landing (Barbee PUD) near Page 3 of 6 ! 0 P227 IX.b Koch Park and Alpine Cottages off of E. Cooper and Alpine Court. In this case, if the USFS had gone through a city review a minimum of 60% of the units and 30% of the project's Floor Area would have been required to be developed as affordable housing. In cases where a "project consists of only one (1) free market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent of the project's total floor area and deed -restricted as a Category 4 "for sale" unit" shall qualify to receive a development allotment. Based upon the previously quoted code language, the required affordable housing mitigation for each lot to receive a development allotment is 30% of the lot's maximum allowable Floor Area. Generally speaking, affordable housing is permitted to be developed on site, off -site, via the extinguishment of Affordable Housing Credits (AHCs), a cash payment in lieu, or through a combination of these methods. The intent of the mitigation requirement applicable to these lots is for a physical unit; however, the three subject lots do not permit more than one dwelling unit on the property. The Applicants are requesting to provide the required mitigation for each lot through payment - in -lieu or through the extinguishment of Affordable Housing Credits to be calculated when a building permit application is submitted for each lot. Table 1: Pavment-in-Lieu for a Sinale-Family Residence (based on current fee schedule) Mitigation required for a lot without a Develo ment Allotment Maximum AH Mitigation FTE Payment -in - Floor Area' (30% of Conversion lieu for FTEs Maximum (AH Mitigation (FTEs x Floor Area) / 400) Category 4 Cash -in -lieu, $144,393 Lot 1 3,243 s . ft. 973 s . ft. 2.43 FTEs $350,874.99 Lot 2 31242 s . ft. 973 s . ft. 2.43 FTEs $350,874.99 Lot 3 3,242 s . ft. 973 s . ft. 2.43 FTEs $350,874.99 Staff Comment: The intent of the mitigation requirement is a physical 'for sale" affordable housing unit. Although the subject lots cannot accommodate an additional dwelling based upon the lot sire, other mitigation options include providing an off -site unit or extinguishing AHCs. Staff supports the Applicants' request of payment in lieu or the provision of credits, as it is similar to what was approved by City Council for Lots 4 and 5. Determination — manmade sloaes : The entire USFS property is designated with a PD overlay, inclusive of the newly created lots. A single family or duplex residence is permitted to be developed on a property, without a PD review, if the development is compliant with the underlying zone district requirements. The maximum density permitted on each lot is lot is a single-family residence. The three lots contain ' The area of the alley, approximately 600 sq. ft., has been deducted from each lot in calculating Floor Area. 2 The area of steeps slopes has not been deducted from lot size, with the assumption that the slopes are manmade. Page 4 of 6 • • P228 IX.b a portion of an access easement (formerly part of the alley of Block 9). No steep slopes appear to be present on Lots 1 or 2 but are on Lot 3. The Si Johnson Ditch runs through part of Lot 3. The Applicants recognize that the area associated with the former alley will be deducted from Gross Lot Area in the calculation of Allowable Floor Area. This alley area is approximately 600 sq. ft. per lot and similar to what was previously required of Lots 4 and 5 with regard to deducting former rights of ways. Lot 3 is requesting that the steep slopes associated with the lot not be deducted from Gross Lot Area as they appear to be manmade. Again, during the review of the development allotments for Lot 4 and 5, City Council determined that the slopes were manmade and need not be deducted from the Gross Lot Area. Staff Comment: All city lots are subject to potential deductions in lot sire when calculating Net Lot Area if they contain steep slopes, easements, previously vacated rights of way, bodies of water and similar features. Staff supports the Applicants' request to deduct the former r-o-w from Gross Lot Area and for Council to determine that the steep slopes are manmade. Page 5 of 6 • • P229 IX.b REFERRAL AGENCY COMMENTS: The housing authority has been referred on this application, and the formal referral will be provided at second reading. RECOMMENDATION: The USFS represented that, as a federal agency, they were not subject to the city's jurisdiction and recorded a plat creating five lots without going through a city approval process. Prior to sale of the lots, the city provided an administrative summary clearly outlining that each lot would require a growth management development allotment. A growth management development allotment is being requested for Lots 1, 2 and 3. Typically, on -site affordable housing mitigation is associated with a multi -lot subdivision; however, in this case on -site affordable housing is not a practical solution given the density allowances associated with the lots (as only a single-family residence is permitted). The Applicants have requested the ability to pay a fee -in -lieu or extinguish affordable housing credits for mitigation purposes. This is the same as what was permitted for the owner of Lots 4 and 5 earlier this year. Staff supports this request. The applicant for Lot 3 is requesting that the Council determine that the steep slopes on site are manmade, as was determined for Lots 4 and 5. Staff supports this request as it is consistent with what was approved via Ordinance No. 16 (Series of 2015). Finally two ordinances have been provided, as there are different ownership interests associated with the lots. PROPOSED MOTION: "I move to approve Ordinance No -- (Series of 2015) CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A — Growth Management Review Criteria EXHIBIT 13— Staff Development Summary EXHIBIT C— Application Page 6 of 6 P230 IX.b ORDINANCE NO. 32 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT REVIEWS, DETERMINING THE PRESENCE OF MANMADE SLOPES, AND VESTED PROPERTY RIGHTS FOR LOTS 1 AND 2, RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL IDs: 273512428001 and 273512428002 WHEREAS, the Community Development Department received applications from St. George Investments LLC and CCI Lot 3, LLC represented by Curtis Sanders of Sherman and Howard, requesting approval of growth management reviews for three residential development allotments, and a determination on steep slopes for the calculation of Floor Area for Lot 3; and, WHEREAS, the property is zoned Medium Density Residential, R-6 with a Planned Development Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department supported the requests as proposed and recommended in favor of the proposal; and, WHEREAS, pursuant to Section 26.470.090(3) City Council may accept a cash -payment -in -lieu for required affordable housing or Affordable Housing Credits via a combined review, and may determine whether natural grade has been manipulated through a combined review during a duly noticed public hearing after considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on September 28, 2015, the City Council approved Ordinance No. 32, Series of 2015, by a ---- to ---- (—) vote, approving the land use requests; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 32, Series 2015 Page 1 of 3 0 0 P231 IX.b Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the "Code"), City Council hereby grants approval of two residential development allotments, one each for Lots 1 and 2, of the Ranger Station Subdivision. Such approval is conditioned on the following: A. A cash -in -lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable Floor Area permitted for a single family home on each lot, shall be paid prior to the issuance of a building permit for each lot. The amount of mitigation currently required for each lot is calculated as follows, based on subsection 26.470.070(b), Residential Development — sixty (60%) affordable, of the land use code: Max. Allowable Floor Area * .3 = AH Floor Area Required AH Floor Area Required / 400 = Full Time Equivalent Employees ("FTEs") FTES * Category 4 Cash -in -Lieu Rate = Total Amount Due The amount of mitigation required, via a Certificate or cash -in -lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash -in -lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building application. B. Lot 1 and Lot 2 may be developed separately. The requirements set forth above must be satisfied at the time a building permit is sought. Section 2: Vested Rijzhts The development approvals granted herein shall constitute a vested property right attaching to and running with each of the individual lots for a period of three (3) years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 32, Series 2015 Page 2 of 3 P232 IX.b Section 4: Existine Litip-ation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Approvals 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 City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Public Hearin A public hearing on this ordinance shall be held on the 28t' day of September, 2015, at a meeting of the Aspen City Council commencing at 4:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24`" day of August, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this ---- day of -----, 2015. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Mayor Ordinance No 32, Series 2015 Page 3 of 3 . • P233 ORDINANCE NO. 33 (SERIES OF 2015) IX.b AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT REVIEWS, DETERMINING THE PRESENCE OF MANMADE SLOPES, AND VESTED PROPERTY RIGHTS FOR LOT 3, RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 273512428003 WHEREAS, the Community Development Department received applications from St. George Investments LLC and CCI Lot 3, LLC represented by Curtis Sanders of Sherman and Howard, requesting approval of growth management reviews for three residential development allotments, and a determination on steep slopes for the calculation of Floor Area for Lot 3; and, WHEREAS, the property is zoned Medium Density Residential, R-6 with a Planned Development Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department supported the requests as proposed and recommended in favor of the proposal; and, WHEREAS, pursuant to Section 26.470.090(3) City Council may accept a cash -payment -in -lieu for required affordable housing or Affordable Housing Credits via a combined review, and may determine whether natural grade has been manipulated through a combined review during a duly noticed public hearing after considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on September 28, 2015, the City Council approved Ordinance No. 33, Series of 2015, by a ---- to ---- (—) vote, approving the land use requests; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 33, Series 2015 Page 1 of 3 • . P234 IX.b Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the "Code"), City Council hereby grants approval of one residential development allotment for Lot 3, of the Ranger Station Subdivision. Such approval is conditioned on the following: A. A cash -in -lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable Floor Area permitted for a single family home on each lot, shall be paid prior to the issuance of a building permit for each lot. The amount of mitigation currently required for each lot is calculated as follows, based on subsection 26.470.070(b), Residential Development — sixty (60%) affordable, of the land use code: Max. Allowable Floor Area * .3 = AH Floor Area Required AH Floor Area Required / 400 = Full Time Equivalent Employees ("FTEs") FTES * Category 4 Cash -in -Lieu Rate = Total Amount Due The amount of mitigation required, via a Certificate or cash -in -lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash -in -lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building application. B. The areas of steep slopes within Lot 3 are determined to be and deemed to be manmade and shall not be deducted from the lot size when calculating the net lot area of each lot. Other than the areas of steep slopes, the calculation of net lot area of each lot shall be calculated pursuant to the Code as it exists as if the date an application is made for a building permit for the particular lot. C. The requirements set forth above must be satisfied at the time a building permit is sought. Section 2: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with each of the individual lots for a period of three (3) years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 3: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No 33, Series 2015 Page 2 of 3 P235 Section 4: Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: Public Hearing A public hearing on this ordinance shall be held on the 28t' day of September, 2015, at a meeting of the Aspen City Council commencing at 4:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24t' day of August, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this ---- day of ----, 2015. Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Mayor Ordinance No 33, Series 2015 Page 3 of 3 IX.b i S P236 IX.b Exhibit A Growth Management Review Criteria Sub Section 26.470.070(9) 9. Residential development — sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent (30%) of the additional floor area is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%) of the project's additional floor area shall be affordable housing. Multi -site projects are permitted. Affordable housing units provided shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and shall average Category 4 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. b. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30%) of the project's total floor area and deed -restricted as a Category 4 "for sale" unit, according to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify. Staff Findings: Each lot can be developed with a single-family residence. The following table provides the floor area mitigation required based on a single family residence with a conversation to Full Time Equivalents (FTEs) and a corresponding cash -in -lieu payment. Mitigation required for a lot without a Develo ment Allotment Maximum AH Mitigation FTE Payment -in - Floor Area[ (30% of Conversion lieu for FTEs Maximum (AH Mitigation (FTEs x Floor Area) / 400) Category 4 Cash -in -lieu, $144,393) Lot 1 3,243 s . ft. 973 s . ft. 2.43 FTEs $350,874.99 Lot 2 3,242 s . ft. 973 s . ft. 2.43 FTEs $350,874.99 Lot 3 3,242 s . ft. 973 s . ft. 2.43 FTEs $350,874.99 The intent of the mitigation requirement is a physical 'for sale " affordable housing unit. The lots cannot accommodate an additional dwelling based upon the lot sire requirements, other mitigation options include providing an off -site unit or extinguishing AHCs. The Applicants are proposing providing mitigation via a payment -in -lieu or via Affordable Housing Credits. Staff supports the use of a cash payment or credits as requested as it provides an allowed form of affordable housing mitigation and finds the criterion met. The area of the alley, approximately 600 sq. ft., has been deducted from each lot in calculating Floor Area. 2 The area of steeps slopes has not been deducted from lot size, with the assumption that the slopes are manmade. • iP237 Sub Section 26.470.070(4) Exhibit A IX.b Growth Management Review Criteria 4. Affordable housing. The development of affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Findings: The housing authority has been referred on this application, and the formal referral will be provided with the second reading memo. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy -down units. Off -site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash -in -lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. Staff Findings: The Applicants are requesting that a cash payment -in -lieu or credits be accepted for both lots by city council. Both are permitted forms of mitigation. Staff finds this criterion met. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. Staff Findings: The Applicants are requesting that a cash payment -in -lieu or credits be accepted for both lots by city council. As such, staff finds this criterion is not applicable. d. The proposed units shall be deed -restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. 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 Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages IX.b • • P238 Exhibit A Growth Management Review Criteria affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi -municipal agency shall not be subject to this mandatory "for sale" provision. Staff Findings: The Applicants are requesting that a cash payment -in -lieu or credits be accepted for both lots by city council. As such, staff finds this criterion is not applicable. e. Non -Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non -mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. Staff Findings: Applicants are not proposing affordable housing units that are not required for mitigation. Staff finds this criterion not applicable. Sub Section 26.470.090(3) 3. Provision of required affordable housing via a cash -in -lieu payment. The provision of affordable housing equal to or in excess of one (1) residential unit, as required by Chapter 26.470, Growth Management, via a cash -in -lieu payment shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or of the site or would be inconsistent with the character of the neighborhood in which the project is being developed. Staff Findings: With the size of the lots, neither Lot 1, 2 or 3 is large enough to be developed with a duplex. In general almost all of the lots within the subdivision only permit one primary residence, making physical on -site affordable housing units impractical. Staff finds this criterion met. b. The applicant has made a reasonable good -faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status. Staff Findings: As noted in the application, the applicant has investigated the potential for a buy down and is concerned over the increased cost compared to a cash -in -lieu payment or the use of credits. c. The proposal furthers affordable housing goals, and the cash -in -lieu payment will result in the near -term production of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. Staff Findings: Accepting a cash payment -in -lieu is a permitted way to provide mitigation but does not necessarily provide near -term production of an affordable housing unit compared to the buying down of a physical unit or purchasing Affordable Housing Credits. A recommendation from APCHA will be provided at second reading. . P239 Exhibit A IX.b Growth Management Review Criteria The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a cash -in -lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing via a cash -in -lieu payment for a fraction of a dwelling unit shall not require City Council approval. • • P240 IX.b SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com July 9, 2015 Via Hand Delivery Jennifer Phelan Deputy Director City of Aspen Community Development Department 130 South Galena Street, Second Floor Aspen, Colorado 81611 Re: Application for GMQS Allotments for Lot 3, Ranger Station "Subdivision", t.b.d. Eighth Street, Aspen, Colorado 81611, Pitkin County Assessor's Parcel Identification No. 273512428003 (the "Lot" or "Subject Property") Dear Ms. Phelan: The undersigned represents CCI Lot 3, LLC , a Colorado limited liability company ("Applicant") as owner of the above referenced Subject Property. Pursuant to this letter and the attached documents, the Applicant hereby files its application for City of Aspen GMQS Allotment approval for the Subject Property, together with application for approval of the Applicant's right to satisfy the City of Aspen's applicable affordable housing requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. 1. Introduction. As noted immediately above, this application (the "Application") seeks: (1) GMQS Allotment approval for the Applicant's Lot for one single-family, Residential Free -Market Unit on the Lot; and (2) approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates of Affordable Housing Credits. a. Applicable Provisions of City of Aspen Land Use Code ("LUC"). This Application is submitted pursuant to the following provision of the City of Aspen Land use Code: (1) LUC Section 26.304 (2) LUC Section 26.470 (3) LUC Section 26.470.070 (9)(b) (4) LUC Section 26.470.070 (4) Common development review procedures; Growth Management Quota System; Residential development — sixty percent (60%) affordable; Affordable housing; BUS_RE/5675570.1 P241 IX.b (5) LUC Section 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment; (6) LUC Section 26.470.100 Calculations, (7) LUC Section 26.470.110 Growth management review procedures; and (8) LUC Section 26.710.040 Medium Density Residential (R-6). b. Additional Application Materials. The additional documents and materials accompanying this Application consist of the following: (1) Exhibit 1: Land Use Application, Dimensional Requirements Form, and Homeowners Association Compliance Form; (2) Exhibit 2: Pre -Application Conference Summary; (3) Exhibit 3: Proof of the Applicant's Ownership of the Subject Property; (4) Exhibit 4: Vicinity Map; (5) Exhibit 5: Current Improvement Survey of the Subject Property; (6) Exhibit 6: Ranger Station Subdivision Survey; (7) Exhibit 7: Authorization for Curtis B. Sanders to represent the Applicant; and (8) Exhibit 8: Agreement to Pay. 2. Description of Subiect Property. As depicted on the "Ranger Station Subdivision" Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1 (the "Survey Plat"), the Subject Property is comprised of one legally -separate Lot, identified as "Lot 3" on the Survey Plat, and which was conveyed to the Applicant pursuant to that certain Warranty Deed given by Todd Gardner to Applicant, dated July 8, 2015, and recorded July 8, 2015 as Reception No. 621358, Pitkin County, Colorado. As provided for on the Survey Plat, the Lot is encumbered with a "20' Access Easement" which runs the length of the Lot's southern boundary, with 10 feet of the total width of the 20 foot Access Easement lying on the Lot, and the other 10 feet of the total width of the 20 foot Access Easement lying on the property designated as "Lot 4", immediately to the south. The 20' Access Easement coincides with the location of a vacated alley lying immediately to the south of the Subject Property, which vacated alley is discussed below. The Lot is located within certain lands previously adjudged and decreed to the use of the United States of America as petitioner by a final condemnation award dated May 16, 1940. Such lands consisted of the following legally described real property (collectively, the "Forest Service Lands"): All of lots A, B, C, D, E, F, G, H, I, K, L, M, N, O, P, Q, R, and S of Block 9, and Lots A, B, C, D, E, F, G, H, I, M, N, O, P, Q, R, and S of Block 10 of the Townsite and City of Aspen, County of Pitkin, State of Colorado, together with abandoned alleys and streets adjacent thereto, more particularly described as follows: Francis Street in said Blocks 10 and 9 of said alley - between Seventh and Eighth Streets and also the alley in Block 9 between Seventh and Eighth Streets and also that part of the alley in said Block 10 lying between Lots C, D, E, F, G, H and I on the north thereof and M, N, O, P, Q, R, and S on the South in said Block 10. 2 BUS_RE/5675570.1 0 * P242 IX.b By confirmation quitclaim deed recorded May 20, 1940 in Book 157 at Page 633, Pitkin County, Colorado, Charles F. Garlington conveyed all of the Forest Service Lands to the United States of America. The alleys and streets contained within the Forest Service Lands, specifically including the alley lying immediately to the south of the Subject Property, were previously vacated and abandoned by the City of Aspen in a Resolution of the Aspen City Council dated March 3, 1937. As more fully explained in the undersigned's letter to City of Aspen attorney James R. True dated August 14, 2014 and as depicted on the Survey Plat, the Lot consists of all of Lots E and F, Block 9, Townsite and City of Aspen as depicted on the City of Aspen's 1880 Townsite Map, together with an additional approximately 600 square feet of land consisting of a portion of the vacated and abandoned alley lying immediately to the south of Lots E and F. The Subject Property is zoned R-6, and is subject to an existing Planned Development (PD) Overlay. The Lot has a gross lot area of 6,619square feet, and as depicted on the Current Improvement Survey of the Subject Property (Exhibit 5), the Si Johnson Ditch crosses a portion of the Subject Property. In connection with Ordinance No. 16 (Series of 2015), the Aspen City Council concluded that any areas of steep slopes on nearby Lots 4 and 5 associated with the Si Johnson were the result of man-made improvements, which occurred when the Si Johnson Ditch was originally installed. Accordingly, the Applicant respectfully requests a similar (and consistent) treatment of the man-made steep slopes associated with the Si Johnson Ditch as it crosses the Lot, and therefore, there should be no slope reduction associated with these steep slopes. After taking into account the 600 square foot portion of the Lot which is burdened by the 20' Access Easement/abandoned alley, the Lot has a Net Lot Area of 6,019 square feet. Under the provisions of the R-6 Zone District, the Lot therefore has an allowable Floor Area of 3,240 square feet. The Applicant has previously maintained that the Lot is a " ... vacant lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Subsection 26.480.020. E, Aspen Townsite lots" pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Applications. As such, the Applicant's proposed development of the Lot would be subject to a different set of LUC review criteria than addressed in this Application. The Applicant realizes that the City of Aspen disagrees with the Applicant's position regarding whether the Lot was legally subdivision parcels prior to November 14, 1977, and in the interest of moving past the parties' disagreement with respect to this matter, the Applicant has instructed the undersigned to pursue this Application pursuant to the provisions of LUC Section 26.470.070 (9)(b) - Residential development — sixty percent (60%) affordable, instead of LUC Section 26.470.060(2)(a)(3) — Administrative Applications. Nonetheless, the Applicant reserves its right to withdraw this Application and pursue redevelopment of the Subject Property pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Application in the event that it he dissatisfied with the City of Aspen's review of this Application. BUS_RE/5675570.1 P243 IX.b 3. LUC Review Requirements. a. LUC Section 26.304 - Common Development Review Procedures. LUC Section 26.304 sets forth various requirements that generally apply to City of Aspen land use applications. Pertinent to this Application, the Applicant's representative has attended a preapplication conference in connection with the Application pursuant to LUC Section 26.304.020. The Applicant has submitted this Application and paid the applicable fees pursuant to LUC Section 26.304.030. Pursuant to LUC Section 26.304.040 and Exhibit 3 and Exhibit 7 to this letter, the Applicant has the authority to submit this Application in connection with the Property, and the Applicant has designated the undersigned to acts as Applicant's authorized representative with respect to such matters. With respect to the remaining provisions of LUC Section 26.304, the Applicant agrees to abide by such other provisions, and that the Applicant's Application shall be processed and reviewed by the City of Aspen pursuant to such provisions. b. LUC Section 26.470 - Growth Management Quota System; LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. The Applicant is requesting land use approvals necessary for the construction of one single-family, Residential Free -Market Unit on the Lot. Pursuant to LUC Section 26.470.020A, Chapter 26.470 of the LUC applies to "all development in the CiV'. Additionally, the Applicant's proposed development on the Lot does not constitute "exempt development" under Section 26.470.040 of the LUC, and therefore, the Applicant's request for land use approvals as set forth herein is subject to the terms and conditions of Chapter 26.470 of the LUC. i. LUC Section 26.470.050. General requirements. LUC Section 26.470.050.13 provides that " [AJll development applications for growth management review shall comply with the following standards." The Applicant confirms its compliance with the general requirements of LUC Section 26.470.050.13 as follows: (1) Standard 1: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030. D. Applications for multi year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Applicant's Response: It is the Applicant's understanding that there currently sufficient City of Aspen Growth Management Allotments to accommodate Applicant's proposed development with respect to the Lot. (2) Standard 2: The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District which generally includes all of the surrounding areas of Aspen's "west end" (the area lying west of Mill Street and north of Main Street and the area north of West Hallam Street and west of north Seventh Street), and is compatible with land uses in the surrounding area, which with the exception of the nearby United States Forest Service 4 BUS_RE/5675570.1 • P244 IX.b headquarters facility, generally consists of single family housing. The Subject Property is not subject to any adopted regulatory master plan. (3) Standard 3: The development conforms to the requirements and limitations of the gone district. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District. (4) Standard 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. Applicant's Response: Not applicable. (5) Standard 5: "Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate." Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (6) Standard 6: "Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed -restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion." 5 BUS_RE/5675570.1 0 • P245 IX.b Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (l) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (7) Standard 7: "The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. 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." Applicant's Response: The Applicant believes that its proposed development represents minimal additional demand on public infrastructure, and to the extent that its development placed additional demands on public infrastructure, the Applicant will mitigate those additional demands through the payment of applicable City of Aspen impact fees at the time of building permit submission. ii. LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. LUC Section 26.470.070(9)(b) provides in its entirety as follows: "9. Residential development — sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent (30%) of the additional floor area is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria:... b. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30%) of the project's total floor area and deed -restricted as a Category 4 'for sale" unit, according to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify. " Applicant's proposed development with respect to the Lot shall consist of one (1) free- market residence. Therefore, for the Lot, Applicant is required to provide affordable housing mitigation equal to thirty percent (30%) of the Lot's Floor Area, as follows: Lot Gross Lot Net Lot Maximum Allowable Floor Required Affordable Area Area Area (per LUC Section Housing Mitigation (30% 26.710.040) of Max. Floor Area Lot 3 6,619 s.f 6,019 s.f. 3,240 s.f. 972 s.f. The provisions of LUC Section 26.470.040 govern the manner in which affordable housing mitigation required by LUC Section 26.470.070(9)(b) is to be provided. iii. LUC Section 26.470.070(4) - Affordable Housing. LUC Section 26.470.070(4) sets forth the criteria for the provision of affordable housing for mitigation purposes, and generally provides that a recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. LUC Section 26.470.070(4)(b) further provides 6 BUS_RE/5675570.1 • • P246 IX.b that affordable housing mitigation shall be in the form of actually newly built units or buy -down units, or by Certificate(s) of Affordable Housing Credits by approval of the Community Development Department Director, or by cash -in -lieu, provided however, that if the mitigation requirement is one (1) or more units, a cash in lieu payment shall require City Council approval. With respect to the Applicant's proposed development in connection with the Lot, the Applicant is required to provide 2.43 FTE's for the Lot, calculated as follows: Lot Required Affordable Housing Required FTE's (Affordable Housing Mitigation (30% of Max. Floor Area) Mitigation amount, divided by conversion factor of 400 per LUC Section 26.470.100(4)) Lot 3 972 s.f. 2.43 FTE's Using an assumed current market price of $175,000 for one (1) Category 4 Certificates of Affordable Housing Credit, the current cost to the Applicant to satisfy an affordable housing mitigation requirement of 2.43 FTE's per Lot would be $425,250 for the Lot. Using the Aspen/Pitkin County Affordable Housing Authority's Guidelines' current cash -in -lieu amount of $144,393 per FTE, the current cash -in -lieu payment e required for the development of the Lot pursuant to this Application would be $350,874.99. iv. LUC Section 26.470.090(3) - Provision of Required Affordable Housing Via a Cash in Lieu Payment. In addition to the Applicant's right to satisfy the Subject Property's affordable housing mitigation requirements via Certificates of Affordable Housing Credits pursuant to LUC Section 26.470.070(4)(b), LUC Section 26.470.090(3) generally sets forth the requirements for the provision of required affordable housing equal to or in excess of one (1) residential unit via a cash in lieu payment. Since the Applicant desires to satisfy its affordable housing mitigation requirements in connection with the Subject Property either via Certificates of Affordable Housing Credits or cash -in -lieu, the Applicant confirms its compliance with the general requirements of LUC 26.470.090(3), as follows: (1) Standard 1: "The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or of the site or would be inconsistent with the character of the neighborhood in which the project is being developed." Applicant's Response: The provision of affordable housing on site (i.e., on the Lot) is impractical given that while under the PD Overlay, a single-family or duplex residence is permitted to be constructed on the Lot, under the provisions of City of Aspen R-6 Zone District requirements, a duplex residence cannot be constructed on either Lot due to the Lot's size. (2) Standard 2: "The applicant has made a reasonable good faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status." Applicant's Response: As noted above, by law the Applicant cannot provide on -site affordable housing mitigation in connection with a development of the Lot. With respect to providing off -site affordable house mitigation, according to comparable sales data provided by 7 BUS_RE/5675570.1 • P247 IX.b licensed real estate broker Tim Estin, for 2014, the average price per square foot for an Aspen condominium was $1,175 per square foot. Therefore, if the Applicant were to buy -down a 972 square foot condominium at the average 2014 sales price in order to satisfy the required off -site affordable housing mitigation for either Lot, the cost to the Applicant would be $1,142,100. Respectfully, the Applicant submits that it is economically impractical for the Applicant to provide for a buy -down of off -site affordable housing in connection with its development of the Lots. (3) Standard 3: "The proposal furthers affordable housing goals, and the cash -in -lieu payment will result in the near -term production of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard." Applicant's Response: The Applicant maintains that the Aspen/Pitkin County Housing Authority's program for the providing of affordable housing through funds obtained through its various sources, include the payment of cash -in -lieu fees, together with its methodology for determining the appropriate amount of cash -in -lieu fees in connection with development in the City of Aspen provides a suitable approach for addressing the City's need for the production of affordable housing units. (4) Standard 4: "The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a cash -in -lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing." Applicant's Response: The Applicant requests that the City of Aspen accept payment of one hundred percent (100%) of the Applicant's required affordable housing mitigation in connection with the Subject Property through the payment of cash -in -lieu fees. 4. Conclusion. In light of the above, the Applicant respectfully requests, GMQS Allotment approval for the Applicant's Lot for one single-family, Residential Free -Market Unit on the Lot and approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates of Affordable Housing Credits. Sincerely, ( - �__ - 1� � Curtis B. Sanders Enc. cc: CCI Lot 3, LLC 8 BUS_RE/5675570.1 0 • P248 IX.b SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com June 18, 2015 Via Hand Delivery Jennifer Phelan Deputy Director City of Aspen Community Development Department 130 South Galena Street, Second Floor Aspen, Colorado 81611 Re: Application for GMQS Allotments for Lots 1 and 2, Ranger Station "Subdivision", t.b.d. Eighth Street, Aspen, Colorado 81611, Pitkin County Assessor's Parcel Identification Nos. 5273512428001 (Lot 1) and 273512428002 (Lot 2) (each separately a "Lot", and collectively, the "Lots" or "Subject Property") Dear Ms. Phelan: The undersigned represents St. George Investments L.L.C., a Louisiana limited liability company ("Applicant") as owner of the above referenced Subject Property, and pursuant to this letter and the attached documents, the Applicant hereby files its application for City of Aspen GMQS Allotment approval for each of the above Lots, together with application for approval of the Applicant's right to satisfy the City of Aspen's applicable affordable housing requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. 1. Introduction. As noted immediately above, this application (the "Application") seeks: (1) GMQS Allotment approval for each of the Applicant's Lots for one single-family, Residential Free -Market Unit on each Lot; and (2) approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash - in -lieu or Certificates of Affordable Housing Credits. a. Applicable Provisions of City of Aspen Land Use Code ("LUC"). This Application is submitted pursuant to the following provision of the City of Aspen Land use Code: (1) LUC Section 26.304 Common development review procedures; (2) LUC Section 26.470 Growth Management Quota System; (3) LUC Section 26.470.070 (9)(b) Residential development — sixty percent (60%) affordable; BUS_RE/5680136.1 • • P249 IX.b (4) LUC Section 26.470.070 (4) Affordable housing; (5) LUC Section 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment; (6) LUC Section 26.470.100 Calculations; (7) LUC Section 26.470.110 Growth management review procedures; and (8) LUC Section 26.710.040 Medium Density Residential (R-6). b. Additional Application Materials. The additional documents and materials accompanying this Application consist of the following: (1) Exhibit 1: Land Use Application, Dimensional Requirements Form, and Homeowners Association Compliance Form; (2) Exhibit 2: Pre -Application Conference Summary; (3) Exhibit 3: Proof of the Applicant's Ownership of the Subject Property; (4) Exhibit 4: Vicinity Map; (5) Exhibit 5: Current Improvement Survey of the Subject Property; (6) Exhibit 6: Ranger Station Subdivision Survey; (7) Exhibit 7: Authorization for Curtis B. Sanders to represent the Applicant; and (8) Exhibit 8: Agreement to Pay. 2. Description of Subiect Property. As depicted on the "Ranger Station Subdivision" Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1 (the "Survey Plat"), the Subject Property is comprised of two legally -separate Lots, identified as "Lot 1" and "Lot 2" respectively on the Survey Plat, and both of which were conveyed to the Applicant pursuant to that certain Quitclaim Deed given by the United States of America as grantor, dated September 24, 2013 and recorded in the real property records of Pitkin County, Colorado on November 7, 2013 as Reception No. 605391. As provided for on the Survey Plat, each Lot is encumbered with a "20' Access Easement" which runs the length of each Lot's southern boundary, with 10 feet of the total width of the 20 foot Access Easement lying on each Lot, and the other 10 feet of the total width of the 20 foot Access Easement lying on the property designated as "Lot 4", immediately to the south. The 20' Access Easement coincides with the location of a vacated alley lying immediately to the south of the Subject Property, which vacated alley is discussed below. Lot 1 and Lot 2 are located within certain lands previously adjudged and decreed to the use of the United States of America as petitioner by a final condemnation award dated May 16, 1940. Such lands consisted of the following legally described real property (collectively, the "Forest Service Lands"): All of lots A, B, C, D, E, F, G, H, I, K, L, M, N, O, P, Q, R, and S of Block 9, and Lots A, B, C, D, E, F, G, H, I, M, N, O, P, Q, R, and S of Block 10 of the Townsite and City of Aspen, County of Pitkin, State of Colorado, together with abandoned alleys and streets adjacent thereto, more particularly described as follows: Francis Street in said Blocks 10 and 9 of said alley - between Seventh and Eighth Streets and also the alley in Block 9 between Seventh and Eighth Streets and also that part of the alley in said Block 10 lying between Lots C, D, E, 01 C` • P250 IX.b F, G, H and I on the north thereof and M, N, O, P, Q, R, and S on the South in said Block 10. By confirmation quitclaim deed recorded May 20, 1940 in Book 157 at Page 633, Pitkin County, Colorado, Charles F. Garlington conveyed all of the Forest Service Lands to the United States of America. The alleys and streets contained within the Forest Service Lands, specifically including the alley lying immediately to the south of the Subject Property, were previously vacated and abandoned by the City of Aspen in a Resolution of the Aspen City Council dated March 3, 1937. As more fully explained in the undersigned's letter to City of Aspen attorney James R. True dated August 14, 2014 and as depicted on the Survey Plat, Lot I consists of all of Lots A and B, Block 9, Townsite and City of Aspen as depicted on the City of Aspen's 1880 Townsite Map, together with an additional approximately 600 square feet of land consisting of a portion of the vacated and abandoned alley lying immediately to the south of Lots A and B, and Forest Service Lot 2 consists of all of Lots C and D, Block 10, Townsite and City of Aspen as depicted on the 1880 Townsite Map, together with an additional approximately 600 square feet of land consisting of a portion of the vacated and abandoned alley lying immediately to the south of Lots C and D. The Subject Property is zoned R-6, and is subject to an existing Planned Development (PD) Overlay. Lot 1 has a gross lot area of 6,623 square feet, and after taking into account the 600 square foot portion of the Lot I which is burdened by the 20' Access Easement/abandoned alley, Lot 1 has a Net Lot Area of 6,023 square feet. Under the provisions of the R-6 Zone District, Lot I therefore has an allowable Floor Area of 3,240 square feet. Lot 2 has a gross lot area of 6,621 square feet, and after taking into account the 600 square foot portion of the Lot 2 which is burdened by the 20 foot Access Easement/abandoned alley, Lot 2 has a Net Lot Area of 6,021 square feet. Under the provisions of the R-6 Zone District, Lot 2 therefore has an allowable Floor Area of 3,240 square feet. The Applicant has previously maintained that Lot 1 and Lot 2 is each a " ... vacant lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Subsection 26.480.020. E, Aspen Townsite lots" pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Applications. As such, the Applicant's proposed development of the Lots would be subject to a different set of LUC review criteria than addressed in this Application. The Applicant realizes that the City of Aspen disagrees with the Applicant's position regarding whether the Lots were legally subdivided parcels prior to November 14, 1977, and in the interest of moving past the parties' disagreement with respect to this matter, the Applicant has instructed the undersigned to pursue this Application pursuant to the provisions of LUC Section 26.470.070 (9)(b) - Residential development — sixty percent (60%) affordable, instead of LUC Section 26.470.060(2)(a)(3) — Administrative Applications. Nonetheless, the Applicant reserves its right to withdraw this Application and pursue redevelopment of the Subject Property pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Application in the event that it is dissatisfied with the City of Aspen's review of this Application. E • P251 3. LUC Review Requirements. IX.b a. LUC Section 26.304 - Common Development Review Procedures. LUC Section 26.304 sets forth various requirements that generally apply to City of Aspen land use applications. Pertinent to this Application, the Applicant's representative has attended a preapplication conference in connection with the Application pursuant to LUC Section 26.304.020. The Applicant has submitted this Application and paid the applicable fees pursuant to LUC Section 26.304.030. Pursuant to LUC Section 26.304.040 and Exhibit 3 and Exhibit 7 to this letter, the Applicant has the authority to submit this Application in connection with the Property, and the Applicant has designated the undersigned to acts as Applicant's authorized representative with respect to such matters. With respect to the remaining provisions of LUC Section 26.304, the Applicant agrees to abide by such other provisions, and that the Applicant's Application shall be processed and reviewed by the City of Aspen pursuant to such provisions. b. LUC Section 26.470 - Growth Management Quota System; LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. The Applicant is requesting land use approvals necessary for the construction of one single-family, Residential Free -Market Unit on each Lot. Pursuant to LUC Section 26.470.020A, Chapter 26.470 of the LUC applies to "all development in the City". Additionally, the Applicant's proposed development on each Lot does not constitute "exempt development" under Section 26.470.040 of the LUC, and therefore, the Applicant's request for land use approvals as set forth herein is subject to the terms and conditions of Chapter 26.470 of the LUC. i. LUC Section 26.470.050. General requirements. LUC Section 26.470.050.13 provides that "[A]II development applications for growth management review shall comply with the following standards." The Applicant confirms its compliance with the general requirements of LUC Section 26.470.050.13 as follows: (1) Standard 1: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Applicant's Response: It is the Applicant's understanding that there currently sufficient City of Aspen Growth Management Allotments to accommodate Applicant's proposed development with respect to each Lot. (2) Standard 2: The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District which generally includes all of the surrounding areas of Aspen's "west end" (the area lying west of Mill Street and north of Main Street and the area north of West Hallam Street and west of north Seventh Street), and is compatible with land uses in the surrounding area, which with the exception of the nearby United States Forest Service 4 C. 0 P252 IX.b headquarters facility, generally consists of single family housing. The Subject Property is not subject to any adopted regulatory master plan. (3) Standard 3: The development conforms to the requirements and limitations of the zone district. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District. (4) Standard 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. Applicant's Response: Not applicable. (5) Standard 5: "Unless otherwise specified in this Chapter, sixty percent (60016) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate." Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (6) Standard 6: "Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (3001o) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed -restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilising the calculations in Section 26.470.100 Employee/Square Footage Conversion." 5 . • P253 IX.b Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (7) Standard 7: "The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. 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." Applicant's Response: The Applicant believes that its proposed development represents minimal additional demand on public infrastructure, and to the extent that its development placed additional demands on public infrastructure, the Applicant will mitigate those additional demands through the payment of applicable City of Aspen impact fees at the time of building permit submission. ii. LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. LUC Section 26.470.070(9)(b) provides in its entirety as follows: "9. Residential development — sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (6001o) of the additional units and thirty percent (30%) of the additional floor area is affordable housing deed -restricted in accordance with the AspenlPitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria:... b. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30%) of the project's total floor area and deed -restricted as a Category 4 'for sale" unit, according to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify. " Applicant's proposed development with respect to each Lot shall consist of one (1) free- market residence. Therefore, for each Lot, Applicant is required to provide affordable housing mitigation equal to thirty percent (30%) of the each Lot's Floor Area, as follows: Lot Gross Lot Net Lot Maximum Allowable Floor Required Affordable Area Area Area (per LUC Section Housing Mitigation (30% 26.710.040) of Max. Floor Area Lot 1 6,623 s.f 6,023 s.f. 3,240 s.f. 972 s.f. Lot 2 6,621s.f. 6.021 s.f. 3,240 s.f 972 s.f. The provisions of LUC Section 26.470.040 govern the manner in which affordable housing mitigation required by LUC Section 26.470.070(9)(b) is to be provided. 1 • • P254 IX.b iii. LUC Section 26.470.070(4) - Affordable Housing. LUC Section 26.470.070(4) sets forth the criteria for the provision of affordable housing for mitigation purposes, and generally provides that a recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. LUC Section 26.470.070(4)(b) further provides that affordable housing mitigation shall be in the form of actually newly built units or buy -down units, or by Certificate(s) of Affordable Housing Credits by approval of the Community Development Department Director, or by cash -in -lieu, provided however, that if the mitigation requirement is one (1) or more units, a cash in lieu payment shall require City Council approval. With respect to the Applicant's proposed development in connection with each Lot, the Applicant is required to provide 2.43 FTE's for each Lot, calculated as follows: Lot Required Affordable Housing Required FTE's (Affordable Housing Mitigation (30% of Max. Floor Area) Mitigation amount, divided by conversion factor of 400 per LUC Section 26.470.100(4)) Lot 1 972 s.f. 2.43 FTE's Lot 2 972 s.f 2.43 FTE's Using an assumed current market price of $175,000 for one (1) Category 4 Certificates of Affordable Housing Credit, the current cost to the Applicant to satisfy an affordable housing mitigation requirement of 2.43 FTE's per Lot would be $425,250 per Lot, and a total $850,500 for the Subject Property. Using the Aspen/Pitkin County Affordable Housing Authority's Guidelines' current cash -in -lieu amount of $144,393 per FTE, the current cash -in -lieu payment a required for the development of each Lot pursuant to this Application would be $350,874.99 per Lot, and a total of $701,749.98 for the Subject Property. iv. LUC Section 26.470.090(3) - Provision of Required Affordable Housing Via a Cash in Lieu Payment. In addition to the Applicant's right to satisfy the Subject Property's affordable housing mitigation requirements via Certificates of Affordable Housing Credits pursuant to LUC Section 26.470.070(4)(b), LUC Section 26.470.090(3) generally sets forth the requirements for the provision of required affordable housing equal to or in excess of one (1) residential unit via a cash in lieu payment. Since the Applicant desires to satisfy its affordable housing mitigation requirements in connection with the Subject Property either via Certificates of Affordable Housing Credits or cash -in -lieu, the Applicant confirms its compliance with the general requirements of LUC 26.470.090(3), as follows: (1) Standard 1: "The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or of the site or would be inconsistent with the character of the neighborhood in which the project is being developed." Applicant's Response: The provision of affordable housing on site (i.e., on each Lot) is impractical given that while under the PD Overlay, a single-family or duplex residence is permitted to be constructed on each Lot, under the provisions of City of Aspen R-6 Zone District requirements, a duplex residence cannot be constructed on either Lot due to each Lot's size. 7 • • P255 (2) Standard 2: "The applicant has made a reasonable good faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status." Applicant's Response: As noted above, by law the Applicant cannot provide on -site affordable housing mitigation in connection with a development of either Lot. With respect to providing off -site affordable house mitigation, according to comparable sales data provided by licensed real estate broker Tim Estin, for 2014, the average price per square foot for an Aspen condominium was $1,175 per square foot. Therefore, if the Applicant were to buy -down a 972 square foot condominium at the average 2014 sales price in order to satisfy the required off -site affordable housing mitigation for either Lot, the cost to the Applicant would be $1,142,100 per Lot, for a total of $2,284,200 for both Lots. Respectfully, the Applicant submits that it is economically impractical for the Applicant to provide for a buy -down of off -site affordable housing in connection with its development of the Lots. (3) Standard 3: "The proposal furthers affordable housing goals, and the cash -in -lieu payment will result in the near -term production of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard." Applicant's Response: The Applicant maintains that the Aspen/Pitkin County Housing Authority's program for the providing of affordable housing through funds obtained through its various sources, include the payment of cash -in -lieu fees, together with its methodology for determining the appropriate amount of cash -in -lieu fees in connection with development in the City of Aspen provides a suitable approach for addressing the City's need for the production of affordable housing units. (4) Standard 4: "The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a cash -in -lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing." Applicant's Response: The Applicant requests that the City of Aspen accept payment of one hundred percent (100%) of the Applicant's required affordable housing mitigation in connection with the Subject Property through the payment of cash -in -lieu fees. 4. Conclusion. In light of the above, the Applicant respectfully requests, GMQS Allotment approval for each of the Applicant's Lots for one single-family, Residential Free - Market Unit on each Lot and approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates of Affordable Housing Credits. cc: St. George Investments, L.L.C. Sincerely, Curtis B. Sanders E:3 IX.b 0 • P256 IX.b ST. GEORGE INVESTMENTS, L.L.C. 601 Poydras Street, Suite 2625 New Orleans, Louisiana 70130 Tel. (504) 525-9017 Far: (504) 525-5607 Cell: (970) 948-4018 Email: wducote a 1pinterests.com June 10, 2015 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: St. George Investments, L.L.C.; T.B.D. Eighth Street, Aspen, Colorado 81611; Lots 1 and 2, Ranger Station "Subdivision", as more fully described on Exhibit A attached hereto (the "Property") Dear Sir or Madam: I am writing as Manager of St. George Investments, L.L.C., a Louisiana limited liability company, record owner of the above referenced Property. St. George Investments, L.L.C. desires to apply for, pursue, and obtain at its own expense the City of Aspen's Growth Management Quota System development -rights approval for each separate lot comprising the Property, and any other approvals and land use approvals which may be required or requested by St. George Investments, L.L.C. in connection therewith. This letter shall confirm that St. George Investments, L.L.C. authorizes attorney Curtis B. Sanders of Sherman & Howard L.L.C., and any other personnel of such firm to apply for, pursue and obtain the City of Aspen's review and approval of such matters in connection with the Property. Contact information for Curtis B. Sanders and Sherman & IIoward L.L.C. are as follows: Curtis B. Sanders, Esq. Sherman & Howard L.L.C. 320 West Main Street Aspen, Colorado 81611 Tel. (970) 925-6300 Fax (970) 925-1191 Email: csanders@shermanhoward.com BUS_RE15669251.1 C] 0 P257 Please contact the undersigned with any questions. LOIN BUS_RE/5669251.1 STD EORGE INVESTMENT L.C. a Louisiana limt d liab}ly comp Ducote, Manager IX.b • • P258 IX.b Exhibit A (Legal Description of Properly) Lot 1, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14°50'15" W. a distance of 110.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on the 3/8" dia. rebar bearing N. 14'50'15" E. 10 feet; thence N. 75°07'25" W. along said northerly line of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14°50'16" E. 10 feet; thence N. 14°50'16" E. along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest corner of Block 9, the Point of Beginning, Pitkin County, Colorado; and Lot 2, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest corner of Block 9 of the Townsite and City of Aspen, ►nonumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E. along the northerly boundary of said Block 9, a distance of 60 feet to a 1 1/2" dia. aluminum cap on 3/8" rebar, the Point of Beginning. Thence S. 75°05'24" E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14°50'15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N.14°50'15" E. 10 feet; thence N. 75"07'25" W., along said northerly line of Lot 4, a distance of 60 feet to point on said north line of Lot 4 also being the southeast comer of Lot 1 of this survey from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14'50'15" E. 10 feet; thence N. 14°50'15" E. a distance of 110.37 feet to the Point of Beginning, Pitkin County, Colorado. BUS_RE/5669251.1 ` • P259 IX.b CCI LOT 3, LLC 813 Bonita Drive Aspen, Colorado 81611 Cell: (512) 968-1450 Email: zbakerakgpitalcreek.net July 8, 2015 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: CCI LOT 3, LLC; T.B.D. Eighth Street, Aspen, Colorado 81611; Lot 3, Ranger Station "Subdivision", as more fully described on Exhibit A attached hereto (the "Property") Dear Sir or Madam: I am writing as Manager of CCI Lot 3, LLC, a Colorado limited liability company, record owner of the above referenced Property. CCI Lot 3, LLC desires to apply for, pursue, and obtain at its own expense the City of Aspen's Growth Management Quota System development -rights approval for the Property, and any other approvals and land use approvals which may be required or requested by CCI Lot 3, LLC in connection therewith. This letter shall confirm that CCI Lot 3, LLC authorizes attorney Curtis B. Sanders of Sherman & Howard L.L.C., and any other personnel of such firm to apply for, pursue and obtain the City of Aspen's review and approval of such matters in connection with the Property. Contact information for Curtis B. Sanders and Sherman & Howard L.L.C. are as follows: Curtis B. Sanders, Esq. Sherman & Howard L.L.C. 320 West Main Street Aspen, Colorado 81611 Tel. (970) 925-6300 Fax (970) 925-1191 Email: csanders(a)shermanhoward.com Please contact the undersigned with any questions. BUS_RE/5673711.1 • 0 P260 IX.b CCI LOT 3, LLC, a Colorado limited liability company By: - - V Geo4geeu, Manager BUS_RE/5673711.1 6 • P261 IX.b Exhibit A (Legal Description of Property) Lot 3 of Ranger Station Subdivision, located within Block 9, Townsite and City of Aspen, County of Pitkin, State of Colorado, Section 12, Township 10 South, Range 85 West, Sixth Principal Meridian, as shown on Plat recorded May 22, 2013 in Plat Book 103 at Page 1 as Reception No. 599691, Pitkin County, Colorado. BUS_RE/5673711.1 0 is P262 IX.b 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com June 18, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: St. George Investments, L.L.C.; T.B.D. Eighth Street, Aspen, Colorado 81611; Lots 1 and 2, Ranger Station "Subdivision"; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that St. George Investments, L.L.C., a Louisiana limited liability company, is the owner of certain unimproved real property located at T.B.D. Eighth Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Lot 1, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14°50' 15" W. a distance of 110.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on the 3/8" dia. rebar bearing N. 14'50'15" E. 10 feet; thence N. 75°0725" W. along said northerly line of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14°50' 16" E. 10 feet; thence N. 14°50' 16" E. along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest corner of Block 9, the Point of Beginning, Pitkin County, Colorado; and BUS_RE/5669237.1 4, 0 P263 IX.b Lot 2, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E. along the northerly boundary of said Block 9, a distance of 60 feet to a 1 1/2" dia. aluminum cap on 3/8" rebar, the Point of Beginning. Thence S. 75°05'24" E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14°50'15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2 dia. aluminum cap on 3/8" dia. rebar bearing N.14'50' 15" E. 10 feet; thence N. 75°07'25" W., along said northerly line of Lot 4, a distance of 60 feet to point on said north line of Lot 4 also being the southeast corner of Lot 1 of this survey from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14°50' 15" E. 10 feet; thence N. 14°50' 15" E. a distance of 110.37 feet to the Point of Beginning, Pitkin County, Colorado. The Subject Property is subject to the following matters of record: 1. Reservations and exception as set forth in the Deed from the City of Aspen recorded in Book 79 at Page 36,Book 59 at Page 328, Book 59 at Page 461, Book 59 at Page 336, Book 59 at Page 71, Book 59 at Page 381, Book 59 at Page 105, Book 59 at Page 407, Book 59 at Page 273, Book 59 at Page 345, Book 59 at Page 36, Book 59 at Page 37, Book 59 at Page 21. 2. Terms, conditions, provisions and obligations as set forth in Ditch map recorded December 17, 1926 in Book 2 at Page 75. 3. Terms, conditions, provisions and obligations as set forth in Easement recorded June 6, 1973 in Book 276 at Page 494. 4. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 86, Series of 1982 by City Council of the City of Aspen recorded January 28, 1982 in Book 420 at Page 459. 5. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded March 4, 1987 in Book 530 at Page 678. 6. Easements, rights of way and all matters as disclosed on Land Survey Plat recorded June 6, 2011 in Plat Book 97 at Page 12. 7. Easements, rights of way and all matters as disclosed on Plat of Ranger Station Subdivision recorded May 22, 2013 in Plat Book 103 at Page 1. 8. Covenants and Restrictions in Quit Claim Deed from the United States of America to St. George Investments LLC recorded November 7, 2013 as Reception No. 605391. 2 BUS_RE/5669237.1 U • P264 IX.b This letter shall further confirm that as the owner of the Subject Property, St. George Investments, L.L.C. has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property. BUS_R E/5669237.1 Sincerely, Curtis B. Sanders 0 • P265 IX.b SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com July 9, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: CCI Lot 3, LLC; T.B.D. Eighth Street, Aspen, Colorado 81611; Lot 3, Ranger Station "Subdivision"; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that CCI Lot 3, LLC, a Colorado limited liability company is the owner of certain unimproved real property located at Lot 3, Ranger Station, T.B.D. Eighth Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): LOT 3, RANGER STATION SUBDIVISION, according to the Plat thereof recorded May 22, 2013 in Plat Book 103 at Page 1 and is more particularly described as follows: Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch dia. Steel pipe with a cap marked "9", thence S 75°05'24" E along the Northerly boundary of said Block 9, a distance of 120 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar, the Point of Beginning; thence S 75°05'24" E, along said northerly line of Block 9, a distance of 60 feet; thence S 14°50' 15" W a distance of 110.30 feet to the Northeast Corner of Lot 4 of this survey monumented with a 1 '/z inch dia. aluminum cap on 3/8 inch dia. rebar; thence N 75°07'25" W a distance of 60 feet to the Southeast corner of Lot 2 of this Survey, from which a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar bears N 14°50;15" E a distance of 10 feet; thence N 14'50' 15" E a distance of 110.34 feet to the point of beginning. BUS RE/5673716.1 • • P266 IX.b The Subject Property is subject to the following matters of record: 1. Reservations and exception as set forth in the Deed from the City of Aspen recorded in Book 79 at Page 36,Book 59 at Page 328, Book 59 at Page 461, Book 59 at Page 336, Book 59 at Page 71, Book 59 at Page 381, Book 59 at Page 105, Book 59 at Page 407, Book 59 at Page 273, Book 59 at Page 345, Book 59 at Page 36, Book 59 at Page 37, Book 59 at Page 21. 2. Terms, conditions, provisions and obligations as set forth in Ditch map recorded December 17, 1926 in Book 2 at Page 75. 3. Terms, conditions, provisions and obligations as set forth in Easement recorded June 6, 1973 in Book 276 at Page 494. 4. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 86, Series of 1982 by City Council of the City of Aspen recorded January 28, 1982 in Book 420 at Page 459. 5. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded March 4, 1987 in Book 530 at Page 678. 6. Easements, rights of way and all matters as disclosed on Land Survey Plat recorded June 6, 2011 in Plat Book 97 at Page 12. 7. Easements, rights of way and all matters as disclosed on Plat of Ranger Station Subdivision recorded May 22, 2013 in Plat Book 103 at Page 1. 8. Covenants and Restrictions in Quit Claim Deed from the United States of America to Todd Gardner recorded September 27, 2013 as Reception No. 604268. 9. Deed of Trust dated September 26, 2013 given in favor of Frontier Bank, and recorded September 27, 2012 as Reception No. 604269. 10. Right of Way Grant given in favor of SourceGas Distribution LLC recorded January 14, 2015 as Reception No. 607268. 11. Deed of Trust, Security Agreement, Fixture Filing, Financing Statement and Assignment of Leases and Rents dated July 8, 2015 and recorded July 8, 2015 as Reception No. 621357. This letter shall further confirm that as the owner of the Subject Property, CCI Lot 3, LLC has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property. 2 BUS_RE/5673716.1 • • P267 Sincerely, C Curtis B. Sanders BUS_RE/5673716.1 IX.b Ix.b • • P268 Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attomey representing the property owner. The following certification shall accompany the application for a permit. Subject Property: Lots 1 and 2, Ranger Station T.B.D. Eighth Street Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. 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: Owner printed name. - or, Attorney signature: date: Attorney printed name: Curtis B. Sanders, A.R. No. 23551 April, 2013 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 . . P269 Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: Lots 1 and 2, Ranger Station T.B.D. Eighth Street Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ZI This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. 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: Owner printed name: or, (:75L U Attorney signature: date: Attorney printed name: Curtis B. Sanders, A.R. No. 23551 ix rl a Agreement to Pay Application Fees Anagreement oetween the Lolty or Aspen (-pit ) ana Property St. George Investments, L.L.C. Phone No.: c/o Curtis B. Sanders: (970) 300-0114: Owner ("I"): Email: csanders@shermanhoward.com Address of Ranger Station Lots 1 and 2, Billing c/o Curtis B. Sanders, Sherman & Property: Address: (subject of T.B.D. Eighth Street, Aspen, (send bills here) Howard L.L.C., 320 West Main application) Colorado 81611 Street, Aspen, CO 81611 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that 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. $ 975 flat fee for APCHA (Housing) $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review 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 mailed 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 the processing of my application at the hourly rates hereinafter stated. $ 3,250 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: City use: 4225 Title: Fees Due: $ Received: $ Z,u Ah ri M Agreement to Pay Application Fees Anagreement between the Ulty of Aspen (--uit ana Property CCI Lot 3, LLC Phone No.: (970) 925-6300 Owner ("I"): Email: csanders@shermanhoward.com Address of Ranger Station Lot 3, T.B.D. Eighth Billing c/o Curtis B. Sanders, Sherman & Property: Street, Aspen, Colorado 81611 Address: Howard L.L.C., 320 West Main (subject of (send bills here) application) Street, Aspen, CO 81611 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that 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. $ 975 flat fee for APCHA (Housing) $ 0 flat fee for Select Dept $0 flat fee for Select Dept $ 0 flat fee for Select Review 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 mailed 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 the processing of my application at the hourly rates hereinafter stated. $ 3,250 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director Property Owner: Name: Geo a Baker Title: Manager City use: 4225 Fees Due: $ Received: $ • • P272 IX.b PROJECT: ATTACHMENT 2 -LAND USE APPLICATION Name: St. George Investments, L.L.C. Location: Ranger Station Lots 1 and 2, T.B.D., Eighth Street, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512428001 (Lot 1), 273512428002 (Lot 2) APPLICANT: Name: St. George Investments, L.L.C. Address: c/o Curtis B. Sanders, Sherman & Howard L.L.C., 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 REPRESENTATIVE: Name: Curtis B. Sanders, Sherman & Howard L.L.C. Address: 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ® GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Amendment) Margin, Hallam Lake Bluff, condom iniumization) Mountain View Plane ❑ Small Lodge Conversion/ Expansion ❑ Commercial Design Review ❑ Lot Split ❑ Other: ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Vacant land. The Property is not subject to any existing land use approvals. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Applicant proposes obtainingaS Allotment for Lot 1 and for Lot 2, and City pproval of the right to satisfy applicable affordable housing mitigation requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. Have you attached the following? FEES DUE: $4,225.00 ® Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement ® Response to Attachment 43, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre - application conference summary will indicate if you must submit a 3-D model. BUS_RE/5673787.1 • • P273 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: CCI Lot 3, LLC Location: Ranger Station Lot 3, T.B.D., Eighth Street, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512428003 APPLICANT: Name: CCI Lot 3, LLC Address: c/o Curtis B. Sanders, Sherman & Howard L.L.C., 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 REPRESENTATIVE: Name: Curtis B. Sanders, Sherman & Howard L.L.C. Address: 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ® GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Vacant land. The Property is not subject to any existing land use approvals. IX.b PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Applicant proposes obtaining a GMQS Allotment for Lot 3, and City approval of the right to satisfy applicable affordable housing mitigation requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. Have you attached the following? FEES DUE: $4,225.00 ® Pre -Application Conference Summary ® Attachment 41, Signed Fee Agreement ® Response to Attachment 43, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre - application conference summary will indicate if you must submit a 3-D model. BUS_RE/5673891.1 L] P274 IX.b ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lots 1 and 2, Ranger Station Applicant: St. George Investments, L.L.C. Location: Lots 1 and 2, Ranger Station, T.B.D. Eighth Street, Aspen, Colorado 81611 Zone District: R-6 Lot Size: Lot 1: 6,623 s.f. , Lot 2: 6,621 s.f. Lot Area: Lot 1: 6,023 s.f.; Lot 2: 6,021 s.f. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Number of residential units: Existing: 0 Proposed: One (1) per Lot Number of bedrooms: Existing: 0 Proposed: N/A Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area (Lot 1): Existing: 0 Allowable: 3,240 Proposed: N/A Floor Area (Lot 2): Existing: 0 Allowable: 3,240 Proposed: N/A Principal bldg. height: Existing: N/A Allowable: 25' Proposed: N/A Access. bldg. height: Existing: N/A Allowable: 25' Proposed: N/A On -Site parking: Existing: N/A Required: * Proposed: N/A % Site coverage: Existing: N/A Required: * Proposed: N/A % Open Space: Existing: N/A Required: * Proposed: N/A Front Setback: Existing: N/A Required: * Proposed: N/A Rear Setback: Existing: N/A Required: * Proposed: N/A Combined F/R: Existing: N/A Required: * Proposed: N/A Side Setback: Existing: N/A Required: * Proposed: N/A Side Setback: Existing: N/A Required: * Proposed: N/A Combined Sides: Existing: N/A Required: * Proposed: N/A Distance B/W Bldgs: Existing: N/A Required: * Proposed: N/A * Per City of Aspen Land Use Code. Existing non -conformities or encroachments: None. Variations requested: N BUS_RE/5673822.1 P275 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lot 3 Ranger Station Applicant: CCI Lot 3, LLC Location: Lot 3 Ranger Station T.B.D. Eighth Street Aspen Colorado 81611 Zone District: R-6 Lot Size: 6,619 s.f. Lot Area: 6,019 s.f. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed Number of residential units: Existing: 0 Proposed Number of bedrooms: Existing: 0 Proposed Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On -Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Side Setback: Combined Sides: Distance B/W Bldgs: Existing: 0 Allowable: 3,240 Existing: N/A Allowable: 25' Existing: N/A Allowable : 25' Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A * Per City of Aspen Land Use Code. Existing non -conformities or encroachments: None. Variations requested: N BUS_RE/5673896.1 Required: Required: Required: Required: Required: Required: Required: Required: Required: Required: N/A One (1) N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A IX.b P276 IX.b Red Isult-e ceffve*fr ainri-Tj % June 18, 2015 Aspen Forest Service Lots 1 and 2 Vicinty Map f z A F, Pe m Inststule Paepw Awdftnum mu UC 'Feel a.md Haim AsMn Hall Cen*r Ow Fb*sxs A Aspen Cenw,r fc mvt Eloonn-"-w�j YON 1:9,028 0 0.075 0.15 0,3 mi 0 0.1 0.2 0.4 km sources: Esn, HERE, DeLorme, TbmTom, Infermap. harement P Corp.. GESCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL Ordnance Survey, Esd Japan, METI, Esn China (Hong Kong), swisstopo. Nbpmylndia, @OpenStreetWpcontributors, andtheGIS UserCommunky • 0 P277 CITY OF ASPEN IX.b PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 970.429.2759 DATE: 5/28/15 PROJECT: Ranger Station Subdivision, remaining Lots 1, 2 & 3 REPRESENTATIVE: Curt Sanders TYPE OF APPLICATION: Growth management quota system DESCRIPTION: The US Forest Service has recorded a survey with the Pitkin County Clerk and Recorder's office (reception number 599691) creating five separate lots from a portion of the federal agency's property bounded by Eighth Street and Smuggler Street. City recognizes that the Forest Service recorded a survey which purportedly created five separate lots within the municipal boundaries. However, the subdivision was not approved by the city via a city review process. Thus, although the city will recognize that the lots were legally created, since they were created in 2013 development of the individual lots is contingent on meeting city regulations. Currently, all of the lots are located within the Medium -Density Residential (R-6) zone district with a Planned Development (formerly Specially Planned Area) overlay. Prior to developing a lot, a growth management development allotment must be applied for and granted for each lot by the city. Once granted an allotment the lots are subject to the city's development regulations such as the zone district's dimensional standards, calculations and measurements, parking standards and impact fees as examples. The request for a development allotment can be applied for under Residential development — sixty percent (60%) affordable, subsection 26.470.070.9.b. of the land use code. This review is approved, approved with conditions or denied by the Planning and Zoning Commission (P&Z) and requires affordable housing mitigation. The mitigation noted is for the development of a "for sale" unit, with a certain amount of Floor Area; however, most of the lots cannot accommodate more than one dwelling unit per lot. The growth management review for Affordable Housing permits newly built units or buy - downs, a cash -in -lieu payment (with conditions), a Certificate of Affordable Housing Credit, or a mix of these methods which can be outlined in any approval granted. Once the allotment is granted no further affordable housing will be required of the lot. Cash -in -lieu in excess of 1.25 FTEs is required to be approved by council. Staff recommends the applicant consent to all approvals being combined for review by city council if cash -in -lieu is pursued. Recently, Lots 4 and 5 requested development allotments via city council. Ordinance No. 16 (Series of 2015) granted the two development allotments and memorialized that mitigation may be provided via a cash -in -lieu payment or through extinguishment of Affordable Housing Credits. Council also made a determination with regard to any steep slopes on each lot (see ordinance). The request for allotments for each lot may be submitted together or independently. Below is a link to the Land Use application Form for your convenience. http://www.asi)enpitkin.com/Departments/Community-Development/Planning-and-Zoning/ ASLU GMQS Lot s 1, 2 & 3, Ranger Station Sub. BUS_RE/5669153.1 • 0 P278 IX.b Follow link below to view the City of Aspen Land Use Code htti)://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s 26.304 Common development review procedures 26.470 Growth Management Quota System 26.470.070 (9)(b) Residential development - sixty percent (60%) affordable 26.470.070 (4) Affordable housing 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment 26.470.100 Calculations 26.470.110 Growth management review procedures 26.710.040 Medium Density Residential (R-6) Review by: Community Development Staff for complete application Public Hearing: A combined review, by city council, if cash -in -lieu in excess of 1.25 FTEs is pursued is solely pursued without subdivision. Planning Fees: $3,250 for Major Development Application review by Planning and Zoning and potentially City Council. This includes twelve (10) hours of staff review time. Additional time over twelve (10) hours will be billed at $325 per hour. Housing Referral: $975 Total Deposit: $4,225.00 To apply, submit the following information: ❑ 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 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 written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. BUS_RE/5669153.1 0 0 P279 Mb ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ Written responses to all review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 Copies of the complete application packet and, if applicable, associated drawings. Number of copies correlates to referral agencies and review boards. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. ❑ A sketch up model will be required for the public hearing. 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. BUS_RE/5669153.1 • • P280 IX.b ASLU GMQS Lot s 1, 2 & 3, Ranger Station Sub. BUS_RE/5669153.1 • P281 or,/]]/]ol] • or, a, Jenaaa a. voe Pees Kioxa aDDe DI, ye rM. 1 ceuaall Vataan eaunty, Co p[AS Bar W t RECORDER'S NOTE: �fot approved through *ubd! —on process RANGER STATION SUBDIVISION TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M. SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE PITKIN COUNTY, COLORADO NATURE AND PURPOSE OF SURVEY This Survey was performed to locate and describe lands I. Section 12, T. 10 S., R. 95 W. ofthe 6th Principal Meridian to be conveyed by authority of the Forest Swim Facility Realignment and Enhancement Act of2005. FND. Original 3/4" die heel pipe with cap marked "9" ntl rK� S7J 2 sls OF r0.00' �/ B B8.9 -G.1 270.J3, 60.00' I.a 1 c 6,623 sq ft 2 c 6, Lot621 K12 ft 'Tj EN FND. 3/Stldia Reber ,Z Acceptad S. W. Comer of Blwk 9 Lot 3 vc tip a 6,619 sq a Zwe la / ryas.__ -r / .,.. ,..,.. I80W _b �9w Nara �•�� �__ M3'58 1653q.R. s73".�8 21'R' 143.J?' Lot 5 7490 Sq.ft. — —►'aq Block 9 b /J0.80• / abvtD�770.38' � Cmreetine of Si Joleson Ditch / Nay / (.�elvyle (GM..��_ •n FND. 2 IR" dig. aluminum cap on 3/4" die. rebm. `l M / q Block >O 8103 "?1 ix.b ti Not to Seale FND. Original 3/4" dla steel pipe with cap marked "9" NOTES: fit,/ FND. 2 M" die. aluminum 1.1be positions of comers used and sn beer, in were V capon 3/4" die. rdbar. obtained using a combimrtion of Slaric and KrK GPS teehniqum and meet die USDA-ForestService and USDI-Buresu of Land Ma agemmt "Standards and \\ tiuidelmns ll Cedastral Surveys using Global Poshiming Systern Methods.• 2. Centerline data shown for the Si Job— Ditch is of the actual location as found -,he ground. 3. An underground natural gas distribution pipeline, with a total right of way width limited to 10 feet plus the ground occupied by the pipe. 4. An underground electric electric power line, with a total right of way width limited to 10 f—. 5. A swimhgetr station consisting of a buried vadt end a surface metal cabinet. LOT DESCRIPTIONS 6. A 20 fort wide access easement f Lot 1, 2, 3, and 4: with For Survey Descriptions of Lots 1, 2, 3, 4 and 5, See Sheet 2 of 2. the eem"'ine being the shared property boundary between Lots 1, 2, 3, and 4. BASIS OF BEARINGS The basis of beating is S. 75e05'24" E. as measured between the NE and NW Comets of Block 9, being found original 3/4 inch diameter CERTIFICATE OF SURVEY steel pipe monuments with caps appropriately marked as shown on 1, Wyman F. Boengee, Professional Land Surveyor No. 29409. the Aspen Townsite map, recorded at Book 4, Page 27, Pitkin County, Colorado. State of Colorado, do hereby ennify the this plat r:orroctly reprr,enta a survey male by me, or under my direction in UNITS OF MEASUREMENT �' conformation with the taws ofthe state ofColorsdo ad a All distances shown in this survey are in U.S. Survey Feet. the request ofthe U.S. Depa imem ofAgricuhure, Forest Swiu. RIGHTS OF WAY AND EASEMENTS LEGEND U. S. D. A - FOREST SERVICE REGION 2: WHTTE RIVER NATIONAL FORES7 All Rights -of -ways and easements may not be shown on this' USFS 2 1/3" Al —Mien 6p (VS 349a9/ plat at the request of the U.S. Forest Service. Rights -of -ways Orlslval pry Mvaamevn BOUNDARY MANAGEMENT UNIT 4 900 Grand Ave. and easements are shown on plat recorded June 6, 2011 by David W. 0 1 In" Amen— Cap - US 2940615a) Glenwood Springs, Colorado 81601 070-946-g= Tomaschow as Rec. No. 580311 in Bk. 97, Pg. 12, Pitkin County Colorado. 0 3A W. die. rebar w3msceTM• RANGER STATION SUBDIVISION T. 10 S., R. 85 W. 6th P. M. _ sc6is Section 12 is as Blocks 9 and 10 of Aspen Townsite PITKIN COUNTY COLORADO A NOTICE: According to Colorado law, you must commerce va u''�• LAND SURVEY DEPOSITS S.-"w ay: wymaa E. Se—- Date: MM013 —e ero . ce my legal action based upon this survey within three Rwr tee rltSla ceasty Clsea • RssarMYe Oalm 'thy y made ar myrtgaM sad aecePned fur Natioa 1lyrw 1 maeaaemaar yaw after you Post duonva such defect. in no event, Data ri>X zz o /3 parpnea: / cfd w, 7�-„t(L.e..1 Date:S tars may cry action based upon any defect in this —ey be asok /O 3 Faas enced more than ten years fran the date of the (re''iL- FR2W�F.CF No. SHEET NO. certificetionshownhermn. bep..+Y C1e�k Na+ptw Nv. S9964/ 1 OF 2 oft/aroso .1 12 tta. .,nnvw x. von • canea, va eRvn eauncy. T eR ton v. to Mb y RANGER STATION SUBDIVISION TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M. SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE PITKIN COUNTY, COLORADO LOT DESCRIPTIONS Portions of Blocks 9 and 10 of the Townsim and City of Aspen, County of Pitkin, State of Colorado, also being a portion of lands described in Case No. 11240 filed with the Clerk and Recorder for Pitkin County, in Book 157 at Page 305. LOT 1, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75e 05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14e50' 15" W. a distance of 110.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminim cap on 3/8" dia. mbar bearing N. 14e50'15" E. 10 feet; thence N. 75e07'25" W., along said northerly line of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14e50'16"E. 10 feet; thence N. 14e50' 16"E., along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest comer of Block 9, the Point of Beginning. Containing 6,623 square feet., more or less. LOT 2, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9" thence S. 75e 05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet to a 11/2' dia. aluminum cap on 3/8" dia. rebar, the Point of Beginning. Thence S.75e05'24"E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14e50' 15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N. 14"50' 15" E. 10 feet; thence N. 75e07'25" W., along said northerly line of Lot 4, a distance of 60 feet to a point on said north line of Lot 4 also being the southeast comer of Lot I of this survey from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14e50'15"E. 10 feet; thence N. 14e50'15"E. a distance of 110.37 feet to the Point of Beginning. Containing 6,621 square feet., more or less. LOT 3, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch dia. steel pipe with cap marked "9", thence S. 75e 05'24" E., along the northerly boundary of said Block 9, a distance of 120 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar, the Point of Beginning. Thence S.75e05'24"E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14.50' 15" W. a distance of 110.30 feet to the Northeast Corner of Lot 4 of this survey monumented with a 1 12 inch dia. aluminum cap on 3/8 inch dia. rebar; thence N. 75*07125" W. a distance of 60 feet to the southeast comer of Lot 2 of this survey, from which a 11/2 inch dia. aluminum cap on 3/8 inch dia. rebar bears N.14e50'15"E. a distance of 10 feet; thence N. 14*50*15"E. a distance of 110.34 feet to the Point of Beginning. Containing 6,619 square feet., more or less. N0110E: According to Colored. low, you muss -- my leSW aa;on based upon dds survey widdn three y— after you Bret discover such defer,. 1. — -- may any action based upon any defer in this survey be wmmenced more than ten years from the date of the uertificetion shown hereon. LOT 4, Ranger Station Subdivision 103 P Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch dia. steel pipe with cap marked "9", thence S.14"50' 16" W., along the westerly line of said Block 9, a distance of 110.41 feet to the Point of Beginng, from which a 1.5 inch dia. aluminum cap on 3/8 inch ream bears N. 14'50'16 E. a distance of 10 feet and a 1 1/2" dia. aluminum cap on 3/8 " dia. rebar bears S. 14e50'16" E. a distance of 10 feet; thence S. 75e07'25" E. a distance of 180.00 feet to the Southeast comer of Lot 3 of this survey monumented with a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence SA1'23'15"W. a distance of 81.68 feet to 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence N.73e58'21 "W. a distance of 143.52 feet to a point on the westerly line of Block 9, monumemd with a 1 1/2 inch dia. aluminum cap on 3/8 rebar, thence N.14"50' 16"E. a distance of 70.20 feet to the Point of Beginning. Containing 11,615 square feet, more or less. LOT 5, Ranger Station Subdivision P282 Beginning at the Southwest Cotner of said Block 9 of the Aspen Townsite monumented with a 3/8 inch diameter rebar, thence N. 14e50'16" E. a distance of 40.20 feet to a point monumented with a 1.5 inch diameter aluminum cap on 3/8 inch diameter rebar; thence S. 75e09'23" E. a 143.52 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence S,44e34'24"W. a distance of 65.91 feet to a 1 12 inch dia. aluminum cap on 3/8 inch rebar; thence N.75e09'23"W. a distance of 110.80 feet to a point on the westerly line of Block 9 monumented with a 1 1/2 inch aluminum cap on 3/8 inch rebar; thence N.14e50' 16"E., along said westerly line of Block 9, a distance of 20.00 feet to the Point of Beginning. Containing 7490 square feet, more or less. CERTIFICATE OF SURVEY I Wyman E. Bontra er, Professional Land Surveyor No. 29408, Sttate of Colorado, do hereby certify that this plat correctly represents a survey made by me or under my direction in conformation with the laws of the State of t:olotado and at the request of the U.S. Department of Agriculture, Forest Service. 1 A,Jn CI IRVFY nP>'r1CIl'9 Nana Courr C a Ra.e, e. GM. Dan Book Pane Ree.pd.. n - I (��1 BOUNDARY 900 Grand Ave UNIT I la J Glenwood Swinae, Colorado 81601 9'JPwa-2521 RANGER STATION SUBDIVISION T. 10 S., R. 85 W. 6th P. M. Section 12 Blocks 9 and 10 of Aspen Townsite Natb�al Fo,e�it m a�p� J PROJECT No. 120706 SnEE'F NO. 2 OF 2 P283 Igg t IJI MIIX.b II IV; Him �� l o s 7 W ;�� W � � g e w � o� 4 %2�y� 5ia H ago<-s aeq g@g@�_ GF E 3 3M g ME Mu is Nil t; QLU \ co N W F Q 4 , i V 7 Ln~ LL / % 4 = / Z > Z Q 00 Ln 9 / CCLU 3i � uj g i'sT•nc.rx \ i % ,\ �\��_ � z F o �iF— Z Z g / \ a W boo ■ _ CA oil gill z "I LL z 8 s 142 i \ d �- •n ay i F. � / J fill S :gilt IIIII lift P284 oao.o.at�..�a J J ei 81 CJ a g Z =g wOUS t w��o= Z Our Z =< W fa� O A -HIP 8 68 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 23, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for Lots 1 and 2 — Ranger Station Subdivision, GMQS Allotments and have reviewed it for completeness. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. `� Your Land Use Application is complete: / f there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. 1) Please check -off a box in the HOA Compliance Policy form. 2) Please submit signed and stamped surveys of each lot no older than a year. Digital pdf of the application and two hard copies, as well as one measurable copy of each improvement survey. �y,'V 3) Review deposit of $4,225.00. (fu.; u�, ' Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. rTh You, onnifer P 1 , Deputy Planning Director City of As , Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No� GMQS Allotments Yeses— No Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot)_ Residential �_ Affordable Housing Commercial E.P.F. Lodging g t Wi PH! In Mg 7 � Him ������R 81 5 Q Sa�ffi i ling' 0 0 0 0 LL 0 W H Q C N C Z a� Ya � LL = O F LL Z O W V L 00�� W Zo z0= W h xa OW CA x o� LL a0 x am Ln Y Z O 9 Fm LL 0 h Z 0 F— CC O a Z x H 1181HX3 RIP J J Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attomey representing the property owner. The following certification shall accompany the application for a permit. Subject Property: Lots 1 and 2, Ranger Station T.B.D. Eighth Street Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. 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: Owner printed name: or, Attorney signature: date. - Attorney printed name: Curtis B. Sanders, A.R. No. 23551 April, 2013 I City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com July 9, 2015 Via Hand Delivery Jennifer Phelan Deputy Director City of Aspen Community Development Department 130 South Galena Street, Second Floor Aspen, Colorado 81611 Re: Application for GMQS Allotments for Lot 3, Ranger Station "Subdivision", t.b.d. Eighth Street, Aspen, Colorado 81611, Pitkin County Assessor's Parcel Identification No. 273512428003 (the "Lot" or "Subject Property") Dear Ms. Phelan: The undersigned represents CCI Lot 3, LLC , a Colorado limited liability company ("Applicant") as owner of the above referenced Subject Property. Pursuant to this letter and the attached documents, the Applicant hereby files its application for City of Aspen GMQS Allotment approval for the Subject Property, together with application for approval of the Applicant's right to satisfy the City of Aspen's applicable affordable housing requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. 1. Introduction. As noted immediately above, this application (the "Application") seeks: (1) GMQS Allotment approval for the Applicant's Lot for one single-family, Residential Free -Market Unit on the Lot; and (2) approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates of Affordable Housing Credits. a. _Applicable Provisions of City of Aspen Land Use Code ("LUC"). This Application is submitted pursuant to the following provision of the City of Aspen Land use Code: (1) LUC Section 26.304 (2) LUC Section 26.470 (3) LUC Section 26.470.070 (9)(b) (4) LUC Section 26.470.070 (4) Common development review procedures; Growth Management Quota System; Residential development — sixty percent (60%) affordable; Affordable housing; BUS_RE/5675570.1 (5) LUC Section 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment; (6) LUC Section 26.470.100 Calculations; (7) LUC Section 26.470.110 Growth management review procedures; and (8) LUC Section 26.710.040 Medium Density Residential (R-6). b. Additional Application Materials. The additional documents and materials accompanying this Application consist of the following: (1) Exhibit 1: Land Use Application, Dimensional Requirements Form, and Homeowners Association Compliance Form; (2) Exhibit 2: Pre -Application Conference Summary; (3) Exhibit 3: Proof of the Applicant's Ownership of the Subject Property; (4) Exhibit 4: Vicinity Map; (5) Exhibit 5: Current Improvement Survey of the Subject Property; (6) Exhibit 6: Ranger Station Subdivision Survey; (7) Exhibit 7: Authorization for Curtis B. Sanders to represent the Applicant; and (8) Exhibit 8: Agreement to Pay. 2. Description of Subiect Property. As depicted on the "Ranger Station Subdivision" Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1 (the "Survey Plat"), the Subject Property is comprised of one legally -separate Lot, identified as "Lot 3" on the Survey Plat, and which was conveyed to the Applicant pursuant to that certain Warranty Deed given by Todd Gardner to Applicant, dated July 8, 2015, and recorded July 8, 2015 as Reception No. 621358, Pitkin County, Colorado. As provided for on the Survey Plat, the Lot is encumbered with a "20' Access Easement" which runs the length of the Lot's southern boundary, with 10 feet of the total width of the 20 foot Access Easement lying on the Lot, and the other 10 feet of the total width of the 20 foot Access Easement lying on the property designated as "Lot 4", immediately to the south. The 20' Access Easement coincides with the location of a vacated alley lying immediately to the south of the Subject Property, which vacated alley is discussed below. The Lot is located within certain lands previously adjudged and decreed to the use of the United States of America as petitioner by a final condemnation award dated May 16, 1940. Such lands consisted of the following legally described real property (collectively, the "Forest Service Lands"): All of lots A, B, C, D, E, F, G, H, I, K, L, M, N, O, P, Q, R, and S of Block 9, and Lots A, B, C, D, E, F, G, H, I, M, N, O, P, Q, R, and S of Block 10 of the Townsite and City of Aspen, County of Pitkin, State of Colorado, together with abandoned alleys and streets adjacent thereto, more particularly described as follows: Francis Street in said Blocks 10 and 9 of said alley - between Seventh and Eighth Streets and also the alley in Block 9 between Seventh and Eighth Streets and also that part of the alley in said Block 10 lying between Lots C, D, E, F, G, H and I on the north thereof and M, N, O, P, Q, R, and S on the South in said Block 10. 2 BUS_RE/5675570.1 By confirmation quitclaim deed recorded May 20, 1940 in Book 157 at Page 633, Pitkin County, Colorado, Charles F. Garlington conveyed all of the Forest Service Lands to the United States of America. The alleys and streets contained within the Forest Service Lands, specifically including the alley lying immediately to the south of the Subject Property, were previously vacated and abandoned by the City of Aspen in a Resolution of the Aspen City Council dated March 3, 1937. As more fully explained in the undersigned's letter to City of Aspen attorney James R. True dated August 14, 2014 and as depicted on the Survey Plat, the Lot consists of all of Lots E and F, Block 9, Townsite and City of Aspen as depicted on the City of Aspen's 1880 Townsite Map, together with an additional approximately 600 square feet of land consisting of a portion of the vacated and abandoned alley lying immediately to the south of Lots E and F. The Subject Property is zoned R-6, and is subject to an existing Planned Development (PD) Overlay. The Lot has a gross lot area of 6,619square feet, and as depicted on the Current Improvement Survey of the Subject Property (Exhibit 5), the Si Johnson Ditch crosses a portion of the Subject Property. In connection with Ordinance No. 16 (Series of 2015), the Aspen City Council concluded that any areas of steep slopes on nearby Lots 4 and 5 associated with the Si Johnson were the result of man-made improvements, which occurred when the Si Johnson Ditch was originally installed. Accordingly, the Applicant respectfully requests a similar (and consistent) treatment of the man-made steep slopes associated with the Si Johnson Ditch as it crosses the Lot, and therefore, there should be no slope reduction associated with these steep slopes. After taking into account the 600 square foot portion of the Lot which is burdened by the 20' Access Easement/abandoned alley, the Lot has a Net Lot Area of 6,019 square feet. Under the provisions of the R-6 Zone District, the Lot therefore has an allowable Floor Area of 3,240 square feet. The Applicant has previously maintained that the Lot is a " ... vacant lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Subsection 26.480.020.E, Aspen Townsite lots" pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Applications. As such, the Applicant's proposed development of the Lot would be subject to a different set of LUC review criteria than addressed in this Application. The Applicant realizes that the City of Aspen disagrees with the Applicant's position regarding whether the Lot was legally subdivision parcels prior to November 14, 1977, and in the interest of moving past the parties' disagreement with respect to this matter, the Applicant has instructed the undersigned to pursue this Application pursuant to the provisions of LUC Section 26.470.070 (9)(b) - Residential development — sixty percent (60%) affordable, instead of LUC Section 26.470.060(2)(a)(3) — Administrative Applications. Nonetheless, the Applicant reserves its right to withdraw this Application and pursue redevelopment of the Subject Property pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Application in the event that it he dissatisfied with the City of Aspen's review of this Application. 3 BUS_RE/5675570.1 3. LUC Review Requirements. a. LUC Section 26.304 - Common Development Review Procedures. LUC Section 26.304 sets forth various requirements that generally apply to City of Aspen land use applications. Pertinent to this Application, the Applicant's representative has attended a preapplication conference in connection with the Application pursuant to LUC Section 26.304.020. The Applicant has submitted this Application and paid the applicable fees pursuant to LUC Section 26.304.030. Pursuant to LUC Section 26.304.040 and Exhibit 3 and Exhibit 7 to this letter, the Applicant has the authority to submit this Application in connection with the Property, and the Applicant has designated the undersigned to acts as Applicant's authorized representative with respect to such matters. With respect to the remaining provisions of LUC Section 26.304, the Applicant agrees to abide by such other provisions, and that the Applicant's Application shall be processed and reviewed by the City of Aspen pursuant to such provisions. b. LUC Section 26.470 - Growth Management Quota System; LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. The Applicant is requesting land use approvals necessary for the construction of one single-family, Residential Free -Market Unit on the Lot. Pursuant to LUC Section 26.470.020A, Chapter 26.470 of the LUC applies to "all development in the City". Additionally, the Applicant's proposed development on the Lot does not constitute "exempt development" under Section 26.470.040 of the LUC, and therefore, the Applicant's request for land use approvals as set forth herein is subject to the terms and conditions of Chapter 26.470 of the LUC. i. LUC Section 26.470.050. General requirements. LUC Section 26.470.050.13 provides that " [A]ll development applications, for growth management review shall comply with the following standards." The Applicant confirms its compliance with the general requirements of LUC Section 26.470.050.13 as follows: (1) Standard 1: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.4 70.030. D. Applications for multi year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Applicant's Response: It is the Applicant's understanding that there currently sufficient City of Aspen Growth Management Allotments to accommodate Applicant's proposed development with respect to the Lot. (2) Standard 2: The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District which generally includes all of the surrounding areas of Aspen's "west end" (the area lying west of Mill Street and north of Main Street and the area north of West Hallam Street and west of north Seventh Street), and is compatible with land uses in the surrounding area, which with the exception of the nearby United States Forest Service 4 BUS_RE/5675570.1 LI • headquarters facility, generally consists of single family housing. The Subject Property is not subject to any adopted regulatory master plan. (3) Standard 3: The development conforms to the requirements and limitations of the zone district. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District. (4) Standard 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. Applicant's Response: Not applicable. (5) Standard 5: "Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100 A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate." Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (6) Standard 6: "Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished , floor level is at or above natural or finished grade, whichever is higher. Afordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units') may be deed -restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion." BUS_RE/5675570 1 Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (7) Standard 7: "The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. 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." Applicant's Response: The Applicant believes that its proposed development represents minimal additional demand on public infrastructure, and to the extent that its development placed additional demands on public infrastructure, the Applicant will mitigate those additional demands through the payment of applicable City of Aspen impact fees at the time of building permit submission. ii. LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. LUC Section 26.470.070(9)(b) provides in its entirety as follows: "9. Residential development — sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent (30%) of the additional floor area is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria:... b. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30916) of the project's total floor area and deed -restricted as a Category 4 'for sale" unit, according to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify. " Applicant's proposed development with respect to the Lot shall consist of one (1) free- market residence. Therefore, for the Lot, Applicant is required to provide affordable housing mitigation equal to thirty percent (30%) of the Lot's Floor Area, as follows: Lot Gross Lot Net Lot Maximum Allowable Floor Required Affordable Area Area Area (per LUC Section Housing Mitigation (30% 26.710.040) of Max. Floor Area Lot 3 6,619 s.f. 6,019 s.f. 3,240 s.f. 972 s.f. The provisions of LUC Section 26.470.040 govern the manner in which affordable housing mitigation required by LUC Section 26.470.070(9)(b) is to be provided. iii. LUC Section 26.470.070(4) - Affordable Housing. LUC Section 26.470.070(4) sets forth the criteria for the provision of affordable housing for mitigation purposes, and generally provides that a recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. LUC Section 26.470.070(4)(b) further provides 6 BUS_RE/5675570.1 that affordable housing mitigation shall be in the form of actually newly built units or buy -down units, or by Certificate(s) of Affordable Housing Credits by approval of the Community Development Department Director, or by cash -in -lieu, provided however, that if the mitigation requirement is one (1) or more units, a cash in lieu payment shall require City Council approval. With respect to the Applicant's proposed development in connection with the Lot, the Applicant is required to provide 2.43 FTE's for the Lot, calculated as follows: Lot Required Affordable Housing Required FTE's (Affordable Housing Mitigation (30% of Max. Floor Area) Mitigation amount, divided by conversion factor of 400 per LUC Section 26.470.100(4)) Lot 3 972 s.f. 2.43 FTE's Using an assumed current market price of $175,000 for one (1) Category 4 Certificates of Affordable Housing Credit, the current cost to the Applicant to satisfy an affordable housing mitigation requirement of 2.43 FTE's per Lot would be $425,250 for the Lot. Using the Aspen/Pitkin County Affordable Housing Authority's Guidelines' current cash -in -lieu amount of $144,393 per FTE, the current cash -in -lieu payment e required for the development of the Lot pursuant to this Application would be $350,874.99. iv. LUC Section 26.470.090(3)- Provision of Required Affordable Housing Via a Cash in Lieu Payment. In addition to the Applicant's right to satisfy the Subject Property's affordable housing mitigation requirements via Certificates of Affordable Housing Credits pursuant to LUC Section 26.470.070(4)(b), LUC Section 26.470.090(3) generally sets forth the requirements for the provision of required affordable housing equal to or in excess of one (1) residential unit via a cash in lieu payment. Since the Applicant desires to satisfy its affordable housing mitigation requirements in connection with the Subject Property either via Certificates of Affordable Housing Credits or cash -in -lieu, the Applicant confirms its compliance with the general requirements of LUC 26.470.090(3), as follows: (1) Standard 1: "The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or of the site or would be inconsistent with the character of the neighborhood in which the project is being developed." Applicant's Response: The provision of affordable housing on site (i.e., on the Lot) is impractical given that while under the PD Overlay, a single-family or duplex residence is permitted to be constructed on the Lot, under the provisions of City of Aspen R-6 Zone District requirements, a duplex residence cannot be constructed on either Lot due to the Lot's size. (2) Standard 2: "The applicant has made a reasonable good;faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status." Applicant's Response: As noted above, by law the Applicant cannot provide on -site affordable housing mitigation in connection with a development of the Lot. With respect to providing off -site affordable house mitigation, according to comparable sales data provided by 7 BUS_RE/5675570.1 licensed real estate broker Tim Estin, for 2014, the average price per square foot for an Aspen condominium was $1,175 per square foot. Therefore, if the Applicant were to buy -down a 972 square foot condominium at the average 2014 sales price in order to satisfy the required off -site affordable housing mitigation for either Lot, the cost to the Applicant would be $1,142,100. Respectfully, the Applicant submits that it is economically impractical for the Applicant to provide for a buy -down of off -site affordable housing in connection with its development of the Lots. (3) Standard 3: "The proposal furthers affordable housing goals, and the cash -in -lieu payment will result in the near -term production of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard." Applicant's Response: The Applicant maintains that the Aspen/Pitkin County Housing Authority's program for the providing of affordable housing through funds obtained through its various sources, include the payment of cash -in -lieu fees, together with its methodology for determining the appropriate amount of cash -in -lieu fees in connection with development in the City of Aspen provides a suitable approach for addressing the City's need for the production of affordable housing units. (4) Standard 4: "The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a cash -in -lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing." Applicant's Response: The Applicant requests that the City of Aspen accept payment of one hundred percent (100%) of the Applicant's required affordable housing mitigation in connection with the Subject Property through the payment of cash -in -lieu fees. 4. Conclusion. In light of the above, the Applicant respectfully requests, GMQS Allotment approval for the Applicant's Lot for one single-family, Residential Free -Market Unit on the Lot and approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates of Affordable Housing Credits. Sincerely, Curtis B. Sanders Enc. cc: CCI Lot 3, LLC BUS_RE/5675570.1 0 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lot 3, Ranger Station Applicant: CCI Lot 3, LLC Location: Lot 3, Ranger Station, T.B.D. Eighth Street, Aspen, Colorado 81611 Zone District: R-6 Lot Size: 6,619 s.f. Lot Area: 6,019 s.f. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Number of residential units: Existing: 0 Proposed: One 1 Number of bedrooms: Existing: 0 Proposed: N/A Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: 0 Allowable: 3,240 Proposed: N/A Principal bldg. height: Existing: N/A Allowable: 25' Proposed: N/A Access. bldg. height: Existing: N/A Allowable: 25' Proposed: N/A On -Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Side Setback: Combined Sides: Distance B/W Bldgs: Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A * Per City of Aspen Land Use Code. Existing non -conformities or encroachments: None. Variations requested: None. Required: Required: Required: Required: Required: Required: Required: Required: Required: Required: Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A BUS_RE/5673896.1 0 1* Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attomey representing the property owner. The following certification shall accompany the application for a permit. Subject Property: Lots 1 and 2, Ranger Station T.B.D. Eighth Street Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. 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: Owner printed name: or, Attorney signature: date: 44 J4(­S— Attorney printed name: Curtis B. Sanders, A.R. No. 23551 April, 2013 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: CCI Lot 3, LLC Location: Ranger Station Lot 3, T.B.D., Eighth Street, Aspen, Colorado 81611 (Indicate street address lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512428003 APPLICANT: Name: CCI Lot 3, LLC Address: c/o Curtis B. Sanders Sherman & Howard L.L.C., 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 REPRESENTATIVE: Name: Curtis B. Sanders Sherman & Howard L.L.C. Address: 320 West Main Street Aspen Colorado 81611 Phone #: (970) 300-0114 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ® GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: EXISTING CONDITIONS: (description of existing buildings, uses previous approvals, etc.) Vacant land The Property is not subject to any existing land use approvals. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Applicant proposes obtaining a GMOS Allotment for Lot 3 and City approval of the right to satisfy applicable affordable housing mitigation requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. Have you attached the following? FEES DUE: $4,225.00 ® Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre - application conference summary will indicate if you must submit a 3-D model. BUS_RE/5673891.1 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 970.429.2759 DATE: 5/28/15 PROJECT: Ranger Station Subdivision, remaining Lots 1, 2 & 3 REPRESENTATIVE: Curt Sanders TYPE OF APPLICATION: Growth management quota system DESCRIPTION: The US Forest Service has recorded a survey with the Pitkin County Clerk and Recorder's office (reception number 599691) creating five separate lots from a portion of the federal agency's property bounded by Eighth Street and Smuggler Street. City recognizes that the Forest Service recorded a survey which purportedly created five separate lots within the municipal boundaries. However, the subdivision was not approved by the city via a city review process. Thus, although the city will recognize that the lots were legally created, since they were created in 2013 development of the individual lots is contingent on meeting city regulations. Currently, all of the lots are located within the Medium -Density Residential (R-6) zone district with a Planned Development (formerly Specially Planned Area) overlay. Prior to developing a lot, a growth management development allotment must be applied for and granted for each lot by the city. Once granted an allotment the lots are subject to the city's development regulations such as the zone district's dimensional standards, calculations and measurements, parking standards and impact fees as examples. The request for a development allotment can be applied for under Residential development — sixty percent (60%) affordable, subsection 26.470.070.9.b. of the land use code. This review is approved, approved with conditions or denied by the Planning and Zoning Commission (P&Z) and requires affordable housing mitigation. The mitigation noted is for the development of a "for sale" unit, with a certain amount of Floor Area; however, most of the lots cannot accommodate more than one dwelling unit per lot. The growth management review for Affordable Housing permits newly built units or buy - downs, a cash -in -lieu payment (with conditions), a Certificate of Affordable Housing Credit, or a mix of these methods which can be outlined in any approval granted. Once the allotment is granted no further affordable housing will be required of the lot. Cash -in -lieu in excess of 1.25 FTEs is required to be approved by council. Staff recommends the applicant consent to all approvals being combined for review by city council if cash -in -lieu is pursued. Recently, Lots 4 and 5 requested development allotments via city council. Ordinance No. 16 (Series of 2015) granted the two development allotments and memorialized that mitigation may be provided via a cash -in -lieu payment or through extinguishment of Affordable Housing Credits. Council also made a determination with regard to any steep slopes on each lot (see ordinance). The request for allotments for each lot may be submitted together or independently. Below is a link to the Land Use application Form for your convenience. hftp://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/ ASLU GMQS Lot s 1, 2 & 3, Ranger Station Sub. BUS_RE/5669153.1 Follow link below to view the City of Aspen Land Use Code htto://www.asr)enoitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26 Land -Use -Code/ Land Use Code Section(s) 26.304 Common development review procedures 26.470 Growth Management Quota System 26.470.070 (9)(b) Residential development - sixty percent (60%) affordable 26.470.070 (4) Affordable housing 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment 26.470.100 Calculations 26.470.110 Growth management review procedures 26.710.040 Medium Density Residential (R-6) Review by: Community Development Staff for complete application Public Hearing: A combined review, by city council, if cash -in -lieu in excess of 1.25 FTEs is pursued is solely pursued without subdivision. Planning Fees: $3,250 for Major Development Application review by Planning and Zoning and potentially City Council. This includes twelve (10) hours of staff review time. Additional time over twelve (10) hours will be billed at $325 per hour. Housing Referral: $975 Total Deposit: $4,225.00 To apply, submit the following information: ❑ 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 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 written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. BUS_RE/5669153.1 ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ Written responses to all review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 Copies of the complete application packet and, if applicable, associated drawings. Number of copies correlates to referral agencies and review boards. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. ❑ A sketch up model will be required for the public hearing. 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. BUS_RE/5669153.1 • • BUS_RE/5669153.1 ASLU GMQS Lot s 1, 2 & 3, Ranger Station Sub. SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com July 9, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: CCI Lot 3, LLC; T.B.D. Eighth Street, Aspen, Colorado 81611; Lot 3, Ranger Station "Subdivision"; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that CCI Lot 3, LLC, a Colorado limited liability company is the owner of certain unimproved real property located at Lot 3, Ranger Station, T.B.D. Eighth Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): LOT 3, RANGER STATION SUBDIVISION, according to the Plat thereof recorded May 22, 2013 in Plat Book 103 at Page 1 and is more particularly described as follows: Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch dia. Steel pipe with a cap marked "9", thence S 75°05'24" E along the Northerly boundary of said Block 9, a distance of 120 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar, the Point of Beginning; thence S 75°05'24" E, along said northerly line of Block 9, a distance of 60 feet; thence S 14°50'15" W a distance of 110.30 feet to the Northeast Corner of Lot 4 of this survey monumented with a 1 '/2 inch dia. aluminum cap on 3/8 inch dia. rebar; thence N 75°07'25" W a distance of 60 feet to the Southeast corner of Lot 2 of this Survey, from which a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar bears N 14°50;15" E a distance of 10 feet; thence N 14'50' 15" E a distance of 110.34 feet to the point of beginning. BUS_RE/5673716.1 The Subject Property is subject to the following matters of record: 1. Reservations and exception as set forth in the Deed from the City of Aspen recorded in Book 79 at Page 36,Book 59 at Page 328, Book 59 at Page 461, Book 59 at Page 336, Book 59 at Page 71, Book 59 at Page 381, Book 59 at Page 105, Book 59 at Page 407, Book 59 at Page 273, Book 59 at Page 345, Book 59 at Page 36, Book 59 at Page 37, Book 59 at Page 21. 2. Terms, conditions, provisions and obligations as set forth in Ditch map recorded December 17, 1926 in Book 2 at Page 75. 3. Terms, conditions, provisions and obligations as set forth in Easement recorded June 6, 1973 in Book 276 at Page 494. 4. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 86, Series of 1982 by City Council of the City of Aspen recorded January 28, 1982 in Book 420 at Page 459. 5. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded March 4, 1987 in Book 530 at Page 678. 6. Easements, rights of way and all matters as disclosed on Land Survey Plat recorded June 6, 2011 in Plat Book 97 at Page 12. 7. Easements, rights of way and all matters as disclosed on Plat of Ranger Station Subdivision recorded May 22, 2013 in Plat Book 103 at Page 1. 8. Covenants and Restrictions in Quit Claim Deed from the United States of America to Todd Gardner recorded September 27, 2013 as Reception No. 604268. 9. Deed of Trust dated September 26, 2013 given in favor of Frontier Bank, and recorded September 27, 2012 as Reception No. 604269. 10. Right of Way Grant given in favor of SourceGas Distribution LLC recorded January 14, 2015 as Reception No. 607268. 11. Deed of Trust, Security Agreement, Fixture Filing, Financing Statement and Assignment of Leases and Rents dated July 8, 2015 and recorded July 8, 2015 as Reception No. 621357. This letter shall further confirm that as the owner of the Subject Property, CCI Lot 3, LLC has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property. 2 BUS_RE/5673716.1 • • Sincerely, Curtis B. Sanders BUS_RE/5673716.1 R--J sum cemewr-W �m1 iP June 18, 2015 Aspen • • Forest Service Lots 1 and 2 Vicinty Map s'ti.l;ea 1 tr5titnYc Audibftfn t4tUa,AC 74-01ir Z am ° 'Mall Gaet0r br sIICS�nie'$t . w i F'P.ar" Ct Aspen?xr� 1 • w°'.r'9+31s�t l < '�r�h ittrie� r ES! �a 4 4 �WIS 443 s f_ Z SY NO � r7[A.raGtlO�' Ee/ydr/ Sr �r ' Paapr VC- R Asp.,n I S e[�i¢if9 1:9,028 0 0.075 0.15 0.3 mi 0 0.1 0.2 0.4 km Sourness Esri, HERE, DeLorrne, TomTom, Intennap, ncrement P Corp„ GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN. Kadaster NL, Ordnance Survey, Esd Japan, METI, Esn Gloria (Hong Kong). swisstopo. Mapmylndia, ®OpenStreetMap contributors, andthe GIS User Communay m�vRoveM[Nr wR�er Pur oP: RANGER STATION SUBDIVISION A PARCEL OF LAND SITUATED IN SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. WITHIN PORTIONS OF BLOCK 9 OF THE ASPEN TOWNSITE, COUNTY OF PITKIN, STATE OF COLORADO S m'O' mono.• / .__a UJU P.P. US sPRWFRfY 1.11 - V v_ru •usrau. uvan _ i woa,no•w s.[s PR m SOPRIS ENGINEERING - LLC V�_ awl,rueeox lm�Nf a`'°"0m rurss me�suavnox rro own a a[vuunoR. e[rt[va• anveFR IDfe. J/ r • rMsiuwxRnsxGwx�eaawalr.W��rnY���euw[rper /� r�pw ixe tiiv Y•on/✓ol p vu n51F¢rtgx a1. w�fNff � vWa� uveNR uramlu .WUia fdlruvdeM•nSa� �lul��m�u� we��u�v„o�rw�wmn k�7� s[rrteaa i. wle xo.xnewew wrx,w err[cmrt wn ar ?g uu acMmovw�... zs fsuua<ln�ori.ro zan �� � essole ui uo�reicr sx�runws. wimi w'iie„elanae ` 'rao?��mrtWOwn• r dtxe� ���w�i e�iu�� r� snavw xead. u�.ixRuiYiefinei1%ra IW CM R .� t, ill Y��� • ISO tttttt Mm -CM MWOW c IF os/axlaotJ • 11, RECORDER'S NOTE: not approved through s4wion process RANGER STATION SUBDIVISION TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M. SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE PITKIN COUNTY, COLORADO NATURE AND PURPOSE OF SURVEY This Survey wn ptrforote i to loans and describe Ian& in Se Lion 12, T. 10 S., R. 85 W. of the 6th Principal Meridim to be conveyed by authority of the Forest Service Facility Ratiignmmt and Enhaocament Am of 2005. FND. Orighal 3/4" die. steal pipe with cep marked "9"�����Bi 6o.op, s)J��gJDFa�M 60,00, OS) Lot 1 0 — 6,623 p If _ -2 6,621 sit ft 1. 3 Ip s 6,619sgft — h _in / r'$ ok END. 3/8" des Reber Accepted as S. W. Coney of Block 9 `O �9st Nou4 -- --�-- — La 4 'h3-5 11,613 ScEft. `yea O a� S)3eJg21'R' 143.Jy Lot 5 143,JZ' / \ 7490 Sq.& A4 Block 9 11o,80, rA` 03 P1 Not to Sale IND. Original 314" din steel pipe with cap marked "9" CM /SiJ.1—hrum Hitch FND.2 1/2" die. aluminum / cW on 3/4" dia. rebut. y Block 10 NOTES: FND.21R"di. altlmiRnm 1.The-Riots ofcomet used and ut here in Were V up on 314" dia. reW, obb need using a=bimtion of Scone sod RTK GPS USDA techniques and men the -Forest Service and USD1-Bursa of land Manutgement "Standud, and Guidelines for Codesysl S—y, mint, Global Positioning Sy— Mathodt." 2. Centerline dua shown for the Si Johnson Ditch Ie of the arnal I —lion u found an the g, . d. 3. An underground natural gas distribution pipeline, with a tow right of wry width limited b 10 fed pIm the grwmd occupied by the pipe. 4. An underground electric electric power line, with .,..I right of way withh limited m 10 feet 5. A switchgeo, smith consisting ofa buried vault and a surface mautl cabinet. LOT DESCRIPTIONS 6. A 20 foci wide access caumm for Lots 1, 2, 3, and 4; with For Survey Descriptions of Lots 1, 2, 3, 4 and 5 , See Sheet 2 of 2. the centerline being the shared proper boundary lh w 1- 1, 2, 3,, M 4. BASIS OF BEARINGS The basis of bearing is S. 75°05'24" E. as measured between the NE and NW Corners of Block 9, being found original 3/4 inch diameter CERTIFICATE OF SURVEY steel pipe monuments with caps appropriately marked as shown on the Aspen Townsite map, recorded at Book 4, Page 27, Pitkin County, Colorado. Sme� of Cok raddat'ed.� her ioml loam sad<ym No. 29a1x. thin pal con iry by error UNITS OF MEASUREMENT auA under direction in oui tlario.withtoI.of1h,Sun,orelnmmandat All distances shown in this survey are in U.S. Survey Feet. dye request of the U.S. Doi trtmat ofAgriculoae, Forest Service. RIGHTS OF WAY AND EASEMENTS All Rights -of -ways and easements may not be shown on this plat at the request of the U.S. Forest Service. Rights -of --ways and easements are shown on plat recorded June 6, 2011 by David W. Tomaschow as Rec. No. 580311 in Bk. 97, Pg. 12, Pitkin County Colorado. LEGEND I VarS r IR" Al.rbo Gp(Ib J4faa1 odgwl city M—a"t 0 1 In" Abater.. Gp- is r944a (s.tJ O ,,e W n1. r.6ar U. a D. A. - FORM aaRvICE REGION 2: WHITE RIVER NATIONAL. F AA BOUNDARY MANAGEMENT UNIT Y 900 Gnodd 0',�§V Ckawtnod Sptia`a, Cobntb 81601 trn RANGER STATION SUBDIVISION w wsa...c°Mr T. 10 S., R. 85 W. 6th P. M. error SecdoB 11 '� Blocks 9 and 10 of Aspen Townsite PITKIN COUNTY CO[.oRAI>D ADO g.ynaaynd4fBy: Yah'rae a. fiaatrawr Dow NOTICE: Awuding m Colar.do law, you mIM wtrlmmce .a. IJNrI SURVEY DFFfYe1T5 a mY legal scrim based upon this curvry within Jute Ctwa, aAn pwq. rtnals crq qwa • R.eerYN. oben N. �eoea er •rv� .mW.d ror yearn sea you first discover such deli. In no wmt N.tb.ab Pmart a. may my .Jinn b..d upon my deli in this savoy k mad more than tm year, fiern the dote of the �/,1./� cenificationshown hereon. �Y'-AY Clerk gook /U 3 Fop R..spuu Ns S4964/ _ PROJECT Na 12Maf SR , 2 • • 103 F. RANGER STATION SUBDIVISION TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M. SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE PITKIN COUNTY, COLORADO LOT DESCRIPTIONS Portions of Blocks 9 and 10 of the Townsite and City ofAspen, Cotmty of Pitkin, State of Colorado, also being a portion of lands described in Case No. 11240 filed with the Clerk and Recorder for Pitkin County, in Book 157 at Page 305. LOT 1, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75e 05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14°50'15" W. a distance of 110.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1 /2" dia. aluminum cap on 3/8" dia. rebar bearing N. 14*50' 15" E. 10 feet; thence N. 75007'25" W., along said northerly line of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 fron which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14050'16"E 10 feet; thence N. 14050' 16"E., along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest comer of Block 9, the Point of Beginning. Containing 6,623 square feet., more or less. LOT 2, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 314" dia. steel pipe with cap marked "9", thence S. 75e 05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet to a 1 1/2' dia. aluminum cap on 3/8" dia. rebar, the Point of Beginning. Thence S.75"05'24"E., along said northerly line of Bloch 9, a distance of 60 fat; thence S. 14*50'15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N. 14a50'15" E. 10 feet; thence N. 75007'25" W., along said northerly line of Lot 4, a distance of 60 feet to a point on said north line of Lot 4 also being the southeast comer of Lot I of this survey from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14°50'15"E. 10 feet; thence N. 14050'15"E. a distance of 110.37 feet to the Point of Beginning. Containing 6,621 square feet., more or less. LOT 3, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch dia. steel pipe with cap marked "9" thence S. 75o 05'24" E., along the northerly boundary of said Block 9, a distance of 120 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar, the Point of Beginning. Thence S.75105'24"E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14150' 15" W. a distance of 110.30 feet to the Northeast Comer of Lot 4 of this survey monumented with a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar; thence N. 75007'25" W. a distance of 60 feet to the southeast comer of Lot 2 of this survey, from which a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. mbar bears N.14e50' 15"E. a distance of 10 feet; thence N. 14a50' 15"E. a distance of 110.34 feet to the Point of Beginning. Containing 6,619 square feet., more or less. N0110 : A¢ording to C'olortdo law, you mum c--- my legd ¢lion b—d upon this survey »;thin thrt LOT 4, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 314 inch dia. steel pipe with cap marked "9" thence S.14*50' 16" W., along the westerly line of said Block 9, a distance of 110.41 feet to the Point of Beginng, from which a 1.5 inch dia, aluminum cap on 3/8 inch rebar bears N. 14050'16 E. a distance of 10 feet and a 1 1/2" dia. aluminum cap on 3/8 " dia. rebar bears S. 14e50' l6" E. a distance of 10 feet; thence S. 75007'25" E. a distance of 190.00 feet to the Southeast comer of Lot 3 of this survey monumented with a 1 1/2 inch dia. aluminum cap on 318 inch rebar; thence S.41o23'15"W. a distance of 81.68 feet to 11/2 inch dia. aluminum cap on 3/8 itch rebar, thence N.73o58'21 "W, a distance of 143.52 feet to a point on the westerly line of Block 9, monumcmd with a 1 1/2 inch dia. aluminum cap on 3/8 rebar; thence N.14°50' 16"E. a distance of 70.20 feet to the Point of Beginning. Containing 11,615 square feet, more or less. LOT 5, Ranger Station Subdivision Beginning at the Southwest Comer of said Block 9 of the Aspen Townsite monumented with a 3/9 inch diameter rebar, thence N. 14a50' 16" E. a distance of 40.20 feet to a point monumented with a 1.5 inch diameter aluminum cap on 3/8 inch diameter rebar; thence S. 75009'23" E. a 143.52 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence S.44*W24"W. a distance of 65.91 feet to a 1 I/2 inch dia. aluminum cap on 3/8 inch rebar; thence N.75o09'23"W. a distance of 110.80 feet to a point on the westerly line of Block 9 monumented with a 1 1/2 inch aluminum cap on 3/8 inch rebar; thence N.14a50' 16"E., along said westerly line of Block 9, a distance of 20.00 feet to the Point of Beginning. Containing 7490 square feet, more or less. CERTIFICATE OF SURVEY 1 Wyman E. Bontra er, Professional Land Surveyor No. 29408, State of Colorado, do hereby certify that this plat correctly represents a survey made by me or under my direction in conformation with the laws of the State of Colorado and at the request of the U.S. Department of Agriculture, Forest Service. ynn after you lirst disrma Hoch defect. In m avant may any action h:nal upon any def 1 in this survey be rttsu. Ceaary two Rnwdw. M. tmmened m— Ihan ten y— f t the d.te of the o.rr R• Far �, P7a 1. cmifintim sh hereon. Boot Nor axvptl.. N l� Glenwood Springs, Colorado 81601 97o-ow2a RANGER STATION SUBDIVISION T. 10 S., R. 85 W. 6th P. M. Section 12 Blocks 9 and 10 of Aspen Townsite PITKIN COUNTY, COLORADO a."A By: wyn.a E. Ibotnnr acre: 3113M N.t6b'ul �na�it to sae tar ;mgnei sad aenq.a for PROJECT No, SEMEr Nt 120706 2 OF 2 CCI LOT 3, LLC 813 Bonita Drive Aspen, Colorado 81611 Cell: (512) 968-1450 Email:.0aker(a)capitalcreek. net July 8, 2015 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: CCI LOT 3, LLC; T.B.D. Eighth Street, Aspen, Colorado 81611; Lot 3, Ranger Station "Subdivision", as more fully described on Exhibit A attached hereto (the "Property") Dear Sir or Madam: I am writing as Manager of CCI Lot 3, LLC, a Colorado limited liability company, record owner of the above referenced Property. CCI Lot 3, LLC desires to apply for, pursue, and obtain at its own expense the City of Aspen's Growth Management Quota System development -rights approval for the Property, and any other approvals and land use approvals which may be required or requested by CCI Lot 3, LLC in connection therewith. This letter shall confirm that CCI Lot 3, LLC authorizes attorney Curtis B. Sanders of Sherman & Howard L.L.C., and any other personnel of such firm to apply for, pursue and obtain the City of Aspen's review and approval of such matters in connection with the Property. Contact information for Curtis B. Sanders and Sherman & Howard L.L.C. are as follows: Curtis B. Sanders, Esq. Sherman & Howard L.L.C. 320 West Main Street Aspen, Colorado 81611 Tel. (970) 925-6300 Fax (970) 925-1191 Email: csanders(&shermanhoward.com Please contact the undersigned with any questions. BUS_RE/5673711.1 CCI LOT 3, LLC, a Colorado limited liability company By: Geo 4geer, Manager BUS_RE/5673711.1 0 • Exhibit A (Legal Description of Property) Lot 3 of Ranger Station Subdivision, located within Block 9, Townsite and City of Aspen, County of Pitkin, State of Colorado, Section 12, Township 10 South, Range 85 West, Sixth Principal Meridian, as shown on Plat recorded May 22, 2013 in Plat Book 103 at Page 1 as Reception No. 599691, Pitkin County, Colorado. BUS_RE/5673711.1 A& Am Agreement to Pay Application Fees Anagreement between ine Uly of Aspen t It ana Property CCI Lot 3, LLC Phone No.: (970) 925-6300 Owner ("I"): Email: csanders@shermanhoward.com Address of Ranger Station Lot 3, T.B.D. Eighth Billing c/o Curtis B. Sanders, Sherman & Property: Street, Aspen, Colorado 81611 Address: Howard L.L.C., 320 West Main (subject of (send bills here) application) Street, Aspen, CO 81611 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that 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. $ 975 $0 flat fee for AP( --HA (Housing) $ 0 flat fee for Select Dept flat fee for Select Dept $0 flat fee for Select Review 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 mailed 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 the processing of my application at the hourly rates hereinafter stated. $ 3,250 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour $ deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director Property Owner: Name: Geo e Baker City use: 4225 Title: Manager Fees Due: $ Received: $ �71 SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com June 18, 2015 Via Hand Delivery Jennifer Phelan Deputy Director City of Aspen Community Development Department 130 South Galena Street, Second Floor Aspen, Colorado 81611 RECEIVED JUN 2 2 2015 CITY OFASPEN C04141 MY DRIELOPMENT Re: Application for GMQS Allotments for Lots 1 and 2, Ranger Station "Subdivision", t.b.d. Eighth Street, Aspen, Colorado 81611, Pitkin County Assessor's Parcel Identification Nos. 5273512428001 (Lot 1) and 273512428002 (Lot 2) (each separately a "Lot", and collectively, the "Lots" or "Subject Property") Dear Ms. Phelan: The undersigned represents St. George Investments L.L.C., a Louisiana limited liability company ("Applicant") as owner of the above referenced Subject Property, and pursuant to this letter and the attached documents, the Applicant hereby files its application for City of Aspen GMQS Allotment approval for each of the above Lots, together with application for approval of the Applicant's right to satisfy the City of Aspen's applicable affordable housing requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. 1. Introduction. As noted immediately above, this application (the "Application") seeks: (1) GMQS Allotment approval for each of the Applicant's Lots for one single-family, Residential Free -Market Unit on each Lot; and (2) approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash - in -lieu or Certificates of Affordable Housing Credits. a. Applicable Provisions of City of Aspen Land Use Code ("LUC"). This Application is submitted pursuant to the following provision of the City of Aspen Land use Code: (1) LUC Section 26.304 Common development review procedures; (2) LUC Section 26.470 Growth Management Quota System; (3) LUC Section 26.470.070 (9)(b) Residential development — sixty percent (60%) affordable; BUS_RE/5680136.1 (4) LUC Section 26.470.070 (4) Affordable housing; (5) LUC Section 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment; (6) LUC Section 26.470.100 Calculations; (7) LUC Section 26.470.110 Growth management review procedures; and (8) LUC Section 26.710.040 Medium Density Residential (R-6). b. Additional Application Materials. The additional docLunents and materials accompanying this Application consist of the following: (1) Exhibit 1: Land Use Application, Dimensional Requirements Form, and Homeowners Association Compliance Form; (2) Exhibit 2: Pre -Application Conference Summary; (3) Exhibit 3: Proof of the Applicant's Ownership of the Subject Property; (4) Exhibit 4: Vicinity Map; (5) Exhibit 5: Current Improvement Survey of the Subject Property; (6) Exhibit 6: Ranger Station Subdivision Survey; (7) Exhibit 7: Authorization for Curtis B. Sanders to represent the Applicant; and (8) Exhibit 8: Agreement to Pay. 2. Description of Subject Property. As depicted on the "Ranger Station Subdivision" Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1 (the "Survey Plat"), the Subject Property is comprised of two legally -separate Lots, identified as "Lot 1" and "Lot 2" respectively on the Survey Plat, and both of which were conveyed to the Applicant pursuant to that certain Quitclaim Deed given by the United States of America as grantor, dated September 24, 2013 and recorded in the real property records of Pitkin County, Colorado on November 7, 2013 as Reception No. 605391. As provided for on the Survey Plat, each Lot is encumbered with a "20' Access Easement" which runs the length of each Lot's southern boundary, with 10 feet of the total width of the 20 foot Access Easement lying on each Lot, and the other 10 feet of the total width of the 20 foot Access Easement lying on the property designated as "Lot 4", immediately to the south. The 20' Access Easement coincides with the location of a vacated alley lying immediately to the south of the Subject Property, which vacated alley is discussed below. Lot 1 and Lot 2 are located within certain lands previously adjudged and decreed to the use of the United States of America as petitioner by a final condemnation award dated May 16, 1940. Such lands consisted of the following legally described real property (collectively, the "Forest Service Lands"): All of lots A, B, C, D, E, F, G, H, I, K, L, M, N, O, P, Q, R, and S of Block 9, and Lots A, B, C, D, E, F, G, H, I, M, N, O, P, Q, R, and S of Block 10 of the Townsite and City of Aspen, County of Pitkin, State of Colorado, together with abandoned alleys and streets adjacent thereto, more particularly described as follows: Francis Street in said Blocks 10 and 9 of said alley - between Seventh and Eighth Streets and also the alley in Block 9 between Seventh and Eighth Streets and also that part of the alley in said Block 10 lying between Lots C, D, E, 2 • F, G, H and I on the north thereof and M, N, O, P, Q, R, and S on the South in said Block 10. By confirmation quitclaim deed recorded May 20, 1940 in Book 157 at Page 633, Pitkin County, Colorado, Charles F. Garlington conveyed all of the Forest Service Lands to the United States of America. The alleys and streets contained within the Forest Service Lands, specifically including the alley lying immediately to the south of the Subject Property, were previously vacated and abandoned by the City of Aspen in a Resolution of the Aspen City Council dated March 3, 1937. As more fully explained in the undersigned's letter to City of Aspen attorney James R. True dated August 14, 2014 and as depicted on the Survey Plat, Lot 1 consists of all of Lots A and B, Block 9, Townsite and City of Aspen as depicted on the City of Aspen's 1880 Townsite Map, together with an additional approximately 600 square feet of land consisting of a portion of the vacated and abandoned alley lying immediately to the south of Lots A and B, and Forest Service Lot 2 consists of all of Lots C and D, Block 10, Townsite and City of Aspen as depicted on the 1880 Townsite Map, together with an additional approximately 600 square feet of land consisting of a portion of the vacated and abandoned alley lying immediately to the south of Lots C and D. The Subject Property is zoned R-6, and is subject to an existing Planned Development (PD) Overlay. Lot 1 has a gross lot area of 6,623 square feet, and after taking into account the 600 square foot portion of the Lot 1 which is burdened by the 20' Access Easement/abandoned alley, Lot 1 has a Net Lot Area of 6,023 square feet. Under the provisions of the R-6 Zone District, Lot 1 therefore has an allowable Floor Area of 3,240 square feet. Lot 2 has a gross lot area of 6,621 square feet, and after taking into account the 600 square foot portion of the Lot 2 which is burdened by the 20 foot Access Easement/abandoned alley, Lot 2 has a Net Lot Area of 6,021 square feet. Under the provisions of the R-6 Zone District, Lot 2 therefore has an allowable Floor Area of 3,240 square feet. The Applicant has previously maintained that Lot 1 and Lot 2 is each a " ... vacant lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Subsection 26.480.020.E, Aspen Townsite lots" pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Applications. As such, the Applicant's proposed development of the Lots would be subject to a different set of LUC review criteria than addressed in this Application. The Applicant realizes that the City of Aspen disagrees with the Applicant's position regarding whether the Lots were legally subdivided parcels prior to November 14, 1977, and in the interest of moving past the parties' disagreement with respect to this matter, the Applicant has instructed the undersigned to pursue this Application pursuant to the provisions of LUC Section 26.470.070 (9)(b) - Residential development — sixty percent (60%) affordable, instead of LUC Section 26.470.060(2)(a)(3) — Administrative Applications. Nonetheless, the Applicant reserves its right to withdraw this Application and pursue redevelopment of the Subject Property pursuant to LUC Section 26.470.060(2)(a)(3) — Administrative Application in the event that it is dissatisfied with the City of Aspen's review of this Application. 3 3. LUC Review Requirements. a. LUC Section 26.304 - Common Development Review Procedures. LUC Section 26.304 sets forth various requirements that generally apply to City of Aspen land use applications. Pertinent to this Application, the Applicant's representative has attended a preapplication conference in connection with the Application pursuant to LUC Section 26.304.020. The Applicant has submitted this Application and paid the applicable fees pursuant to LUC Section 26.304.030. Pursuant to LUC Section 26.304.040 and Exhibit 3 and Exhibit 7 to this letter, the Applicant has the authority to submit this Application in connection with the Property, and the Applicant has designated the undersigned to acts as Applicant's authorized representative with respect to such matters. With respect to the remaining provisions of LUC Section 26.304, the Applicant agrees to abide by such other provisions, and that the Applicant's Application shall be processed and reviewed by the City of Aspen pursuant to such provisions. b. LUC Section 26.470 - Growth Management Quota System; LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. The Applicant is requesting land use approvals necessary for the construction of one single-family, Residential Free -Market Unit on each Lot. Pursuant to LUC Section 26.470.020A, Chapter 26.470 of the LUC applies to "all development in the City". Additionally, the Applicant's proposed development on each Lot does not constitute "exempt development" under Section 26.470.040 of the LUC, and therefore, the Applicant's request for land use approvals as set forth herein is subject to the terms and conditions of Chapter 26.470 of the LUC. i. LUC Section 26.470.050. General requirements. LUC Section 26.470.050.13 provides that "[AJII development applications for growth management review shall comply with the following standards." The Applicant confirms its compliance with the general requirements of LUC Section 26.470.050.E as follows: (1) Standard 1: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi year development allotment, pursuant to Paragraph 26.4 70.090. 1 shall not be required to meet this standard. Applicant's Response: It is the Applicant's understanding that there currently sufficient City of Aspen Growth Management Allotments to accommodate Applicant's proposed development with respect to each Lot. (2) Standard 2: The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District which generally includes all of the surrounding areas of Aspen's "west end" (the area lying west of Mill Street and north of Main Street and the area north of West Hallam Street and west of north Seventh Street), and is compatible with land uses in the surrounding area, which with the exception of the nearby United States Forest Service 2 • • headquarters facility, generally consists of single family housing. The Subject Property is not subject to any adopted regulatory master plan. (3) Standard 3: The development conforms to the requirements and limitations of the zone district. Applicant's Response: The Applicant's proposed development complies with the provisions of the underlying R-6 Zone District. (4) Standard 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development — Project Review approval, as applicable. Applicant's Response: Not applicable. (5) Standard 5: "Unless otherwise specified in this Chapter, sixty percent (6001o) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate." Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (6) Standard 6: "Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units') may be deed -restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion." Applicant's Response: Pursuant to this Application, in connection with the Applicant's proposed development, the Applicant is requesting the City of Aspen's approval of its mitigation of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing Credits, instead of through the provision of affordable housing. (7) Standard 7: "The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. 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." Applicant's Response: The Applicant believes that its proposed development represents minimal additional demand on public infrastructure, and to the extent that its development placed additional demands on public infrastructure, the Applicant will mitigate those additional demands through the payment of applicable City of Aspen impact fees at the time of building permit submission. ii. LUC Section 26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordable. LUC Section 26.470.070(9)(b) provides in its entirety as follows: "9. Residential development — sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent (30%) of the additional floor area is affordable housing deed -restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria:... b. If the project consists of only one (1) free-market residence, then a minimum of one (1) affordable residence representing a minimum of thirty percent (30%) of the project's total floor area and deed -restricted as a Category 4 'for sale" unit, according to the provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify. " Applicant's proposed development with respect to each Lot shall consist of one (1) free- market residence. Therefore, for each Lot, Applicant is required to provide affordable housing mitigation equal to thirty percent (30%) of the each Lot's Floor Area, as follows: Lot Gross Lot Net Lot Maximum Allowable Floor Required Affordable Area Area Area (per LUC Section Housing Mitigation (30% 26.710.040) of Max. Floor Area Lot 1 6,623 s.f. 6,023 s.£ 3,240 s.f. 972 s.f. Lot 2 6,621 s.f. 6.021 s.f. 3,240 s.f. 972 s.f. The provisions of LUC Section 26.470.040 govern the manner in which affordable housing mitigation required by LUC Section 26.470.070(9)(b) is to be provided. 0 iii. LUC Section 26.470.070(4) - Affordable Housing. LUC Section 26.470.070(4) sets forth the criteria for the provision of affordable housing for mitigation purposes, and generally provides that a recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. LUC Section 26.470.070(4)(b) further provides that affordable housing mitigation shall be in the form of actually newly built units or buy -down units, or by Certificate(s) of Affordable Housing Credits by approval of the Community Development Department Director, or by cash -in -lieu, provided however, that if the mitigation requirement is one (1) or more units, a cash in lieu payment shall require City Council approval. With respect to the Applicant's proposed development in connection with each Lot, the Applicant is required to provide 2.43 FTE's for each Lot, calculated as follows: Lot Required Affordable Housing Required FTE's (Affordable Housing Mitigation (30% of Max. Floor Area) Mitigation amount, divided by conversion factor of 400 per LUC Section 26.470.100(4)) Lot 1 972 s.f. 2.43 FTE's Lot 2 972 s.f. 2.43 FTE's Using an assumed current market price of $175,000 for one (1) Category 4 Certificates of Affordable Housing Credit, the current cost to the Applicant to satisfy an affordable housing mitigation requirement of 2.43 FTE's per Lot would be $425,250 per Lot, and a total $850,500 for the Subject Property. Using the Aspen/Pitkin County Affordable Housing Authority's Guidelines' current cash -in -lieu amount of $144,393 per FTE, the current cash -in -lieu payment e required for the development of each Lot pursuant to this Application would be $350,874.99 per Lot, and a total of $701,749.98 for the Subject Property. iv. LUC Section 26.470.090(3) - Provision of Required Affordable Housing Via a Cash in Lieu Payment. In addition to the Applicant's right to satisfy the Subject Property's affordable housing mitigation requirements via Certificates of Affordable Housing Credits pursuant to LUC Section 26.470.070(4)(b), LUC Section 26.470.090(3) generally sets forth the requirements for the provision of required affordable housing equal to or in excess of one (1) residential unit via a cash in lieu payment. Since the Applicant desires to satisfy its affordable housing mitigation requirements in connection with the Subject Property either via Certificates of Affordable Housing Credits or cash -in -lieu, the Applicant confirms its compliance with the general requirements of LUC 26.470.090(3), as follows: (1) Standard 1: "The provision of affordable housing on site (on the same site as the project requiring such affordable housing) is impractical given the physical or legal parameters of the development or of the site or would be inconsistent with the character of the neighborhood in which the project is being developed." Applicant's Response: The provision of affordable housing on site (i.e., on each Lot) is impractical given that while under the PD Overlay, a single-family or duplex residence is permitted to be constructed on each Lot, under the provisions of City of Aspen R-6 Zone District requirements, a duplex residence cannot be constructed on either Lot due to each Lot's size. 7 (2) Standard 2: "The applicant has made a reasonable good faith effort in pursuit of providing the required affordable housing off site through construction of new dwelling units or the deed restriction of existing dwelling units to affordable housing status." Applicant's Response: As noted above, by law the Applicant cannot provide on -site affordable housing mitigation in connection with a development of either Lot. With respect to providing off -site affordable house mitigation, according to comparable sales data provided by licensed real estate broker Tim Estin, for 2014, the average price per square foot for an Aspen condominium was $1,175 per square foot. Therefore, if the Applicant were to buy -down a 972 square foot condominium at the average 2014 sales price in order to satisfy the required off -site affordable housing mitigation for either Lot, the cost to the Applicant would be $1,142,100 per Lot, for a total of $2,284,200 for both Lots. Respectfully, the Applicant submits that it is economically impractical for the Applicant to provide for a buy -down of off -site affordable housing in connection with its development of the Lots. (3) Standard 3: "The proposal furthers affordable housing goals, and the cash -in -lieu payment will result in the near -term production of affordable housing units. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard." Applicant's Response: The Applicant maintains that the Aspen/Pitkin County Housing Authority's program for the providing of affordable housing through funds obtained through its various sources, include the payment of cash -in -lieu fees, together with its methodology for determining the appropriate amount of cash -in -lieu fees in connection with development in the City of Aspen provides a suitable approach for addressing the City's need for the production of affordable housing units. (4) Standard 4: "The City Council may accept any percentage of a project's total affordable housing mitigation to be provided through a cash -in -lieu payment, including all or none. Unless otherwise required by this Title, the provision of affordable housing." Applicant's Response: The Applicant requests that the City of Aspen accept payment of one hundred percent (100%) of the Applicant's required affordable housing mitigation in connection with the Subject Property through the payment of cash -in -lieu fees. 4. Conclusion. In light of the above, the Applicant respectfully requests, GMQS Allotment approval for each of the Applicant's Lots for one single-family, Residential Free - Market Unit on each Lot and approval of the Applicant's right to satisfy applicable affordable housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates of Affordable Housing Credits. cc: St. George Investments, L.L.C. Sincerely, Curtis B. Sanders 8 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lots 1 and 2, Ranger Station Applicant: St. George Investments, L.L.C. Location: Lots I and 2, Ranger Station, T.B.D. Eighth Street, Aspen, Colorado 81611 Zone District: R-6 Lot Size: Lot 1: 6,623 s.f.: Lot 2: 6,621 s.f. Lot Area: Lot 1: 6,023 s.f.; Lot 2: 6,021 s.f. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Number of residential units: Existing: 0 Proposed: One 1) per Lot Number of bedrooms: Existing: 0 Proposed: N/A Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area (Lot 1): Existing: 0 Allowable: 3 240 Proposed: N/A Floor Area (Lot 2): Existing: 0 Allowable: 3,240 Proposed: N/A Principal bldg. height: Existing: N/A Allowable: 25' Proposed: N/A Access. bldg. height: Existing: N/A Allowable: 25' Proposed: N/A On -Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Side Setback: Combined Sides: Distance B/W Bldgs: Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A Existing: N/A * Per City of Aspen Land Use Code. Existing non -conformities or encroachments: None. Variations requested: None. BUS_RE/5673822.1 Required: Required: Required: Required. Required. Required. Required. Required. Required. Required. Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A EXHIBIT D 9 Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: Lots 1 and 2, Ranger Station T.B.D. Eighth Street Aspen, Colorado 81611 I, the property owner, certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. 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: Owner printed name: or, Attorney signature: date: - - Attorney printed name: Curtis B. Sanders, A.R. No. 23551 EXHIBIT 11 • � RECEIVED ATTACHMENT 2 -LAND USE APPLICATION PROJECT: J U N 2 2 2015 Name: St. George Investments, L.L.C. C1 I y OF ASP Location: Ranger Station Lots I and 2, T.B.D., Eighth Street, Aspen, Colorado 81611 COWANTY D%OP (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512428001 (Lot 1); 273512428002 (Lot 2) APPLICANT: Name: St. George Investments, L.L.C. Address: c/o Curtis B. Sanders, Sherman & Howard L.L.C., 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 REPRESENTATIVE: Name: Curtis B. Sanders. Sherman & Howard L.L.C. Address: 320 West Main Street, Aspen, Colorado 81611 Phone #: (970) 300-0114 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ® GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Amendment) Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane ❑ Small Lodge Conversion/ Expansion ❑ Commercial Design Review ❑ Lot Split ❑ Other: ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Vacant land. The Property is not subject to any existing land use approvals. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Applicant proposes obtaining a GMOS Allotment for Lot 1 and for Lot 2, and City approval of the right to satisfy pplicable affordable housing mitigation requirements either with cash -in -lieu or Certificates of Affordable Housing Credits. Have you attached the following? FEES DUE: $4,225.00 ® Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre - application conference summary will indicate if you must submit a 3-D model. EXHIBIT BUS-RE/5673787.1 ' VT • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 970.429.2759 DATE: 5/28/15 PROJECT: Ranger Station Subdivision, remaining Lots 1, 2 & 3 REPRESENTATIVE: Curt Sanders TYPE OF APPLICATION: Growth management quota system DESCRIPTION: The US Forest Service has recorded a survey with the Pitkin County Clerk and Recorder's office (reception number 599691) creating five separate lots from a portion of the federal agency's property bounded by Eighth Street and Smuggler Street. City recognizes that the Forest Service recorded a survey which purportedly created five separate lots within the municipal boundaries. However, the subdivision was not approved by the city via a city review process. Thus, although the city will recognize that the lots were legally created, since they were created in 2013 development of the individual lots is contingent on meeting city regulations. Currently, all of the lots are located within the Medium -Density Residential (R-6) zone district with a Planned Development (formerly Specially Planned Area) overlay. Prior to developing a lot, a growth management development allotment must be applied for and granted for each lot by the city. Once granted an allotment the lots are subject to the city's development regulations such as the zone district's dimensional standards, calculations and measurements, parking standards and impact fees as examples. The request for a development allotment can be applied for under Residential development — sixty percent (60%) affordable, subsection 26.470.070.9.b. of the land use code. This review is approved, approved with conditions or denied by the Planning and Zoning Commission (P&Z) and requires affordable housing mitigation. The mitigation noted is for the development of a "for sale" unit, with a certain amount of Floor Area; however, most of the lots cannot accommodate more than one dwelling unit per lot. The growth management review for Affordable Housing permits newly built units or buy - downs, a cash -in -lieu payment (with conditions), a Certificate of Affordable Housing Credit, or a mix of these methods which can be outlined in any approval granted. Once the allotment is granted no further affordable housing will be required of the lot. Cash -in -lieu in excess of 1.25 FTEs is required to be approved by council. Staff recommends the applicant consent to all approvals being combined for review by city council if cash -in -lieu is pursued. Recently, Lots 4 and 5 requested development allotments via city council. Ordinance No. 16 (Series of 2015) granted the two development allotments and memorialized that mitigation may be provided via a cash -in -lieu payment or through extinguishment of Affordable Housing Credits. Council also made a determination with regard to any steep slopes on each lot (see ordinance). The request for allotments for each lot may be submitted together or independently. Below is a link to the Land Use application Form for your convenience. hftp://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/ ASLU GMQS Lot s 1, 2 & 3, Ranger Station Sub. EXHIBIT BUS RE/5669153.1 it 2 Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/Departments/Community-Development/PIanning-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s 26.304 Common development review procedures 26.470 Growth Management Quota System 26.470.070 (9)(b) Residential development — sixty percent (60%) affordable 26.470.070 (4) Affordable housing 26.470.090 (3) Provision of required affordable housing via a cash in lieu payment 26.470.100 Calculations 26.470.110 Growth management review procedures 26.710.040 Medium Density Residential (R-6) Review by: Community Development Staff for complete application Public Hearing: A combined review, by city council, if cash -in -lieu in excess of 1.25 FTEs is pursued is solely pursued without subdivision. Planning Fees: $3,250 for Major Development Application review by Planning and Zoning and potentially City Council. This includes twelve (10) hours of staff review time. Additional time over twelve (10) hours will be billed at $325 per hour. Housing Referral: $975 Total Deposit: $4,225.00 To apply, submit the following information: ❑ 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 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 written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. BUS_RE/5669153.1 • • ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ Written responses to all review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 Copies of the complete application packet and, if applicable, associated drawings. Number of copies correlates to referral agencies and review boards. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. ❑ A sketch up model will be required for the public hearing. 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. BUS_RE/5669153.1 • • SHERMANBfHOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com June 18, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: St. George Investments, L.L.C.; T.B.D. Eighth Street, Aspen, Colorado 81611; Lots 1 and 2, Ranger Station "Subdivision"; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that St. George Investments, L.L.C., a Louisiana limited liability company, is the owner of certain unimproved real property located at T.B.D. Eighth Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Lot 1, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14'50'15" W. a distance of 110.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on the 3/8" dia. rebar bearing N. 14'50'15" E. 10 feet; thence N. 75°07'25" W. along said northerly line of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14°50' 16" E. 10 feet; thence N. 14°50' 16" E. along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest corner of Block 9, the Point of Beginning, Pitkin County, Colorado; and EXHIBIT BUS_RE/5669237.1 Lot 2, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E. along the northerly boundary of said Block 9, a distance of 60 feet to a 1 1/2" dia. aluminum cap on 3/8" rebar, the Point of Beginning. Thence S. 75°05'24" E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14'50'15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N.14'50' 15" E. 10 feet; thence N. 75°07'25" W., along said northerly line of Lot 4, a distance of 60 feet to point on said north line of Lot 4 also being the southeast corner of Lot 1 of this survey from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14'50'15" E. 10 feet; thence N. 14'50'15" E. a distance of 110.37 feet to the Point of Beginning, Pitkin County, Colorado. The Subject Property is subject to the following matters of record: 1. Reservations and exception as set forth in the Deed from the City of Aspen recorded in Book 79 at Page 36,Book 59 at Page 328, Book 59 at Page 461, Book 59 at Page 336, Book 59 at Page 71, Book 59 at Page 381, Book 59 at Page 105, Book 59 at Page 407, Book 59 at Page 273, Book 59 at Page 345, Book 59 at Page 36, Book 59 at Page 37, Book 59 at Page 21. 2. Terms, conditions, provisions and obligations as set forth in Ditch map recorded December 17, 1926 in Book 2 at Page 75. 3. Terms, conditions, provisions and obligations as set forth in Easement recorded June 6, 1973 in Book 276 at Page 494. 4. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 86, Series of 1982 by City Council of the City of Aspen recorded January 28, 1982 in Book 420 at Page 459. 5. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded March 4, 1987 in Book 530 at Page 678. 6. Easements, rights of way and all matters as disclosed on Land Survey Plat recorded June 6, 2011 in Plat Book 97 at Page 12. 7. Easements, rights of way and all matters as disclosed on Plat of Ranger Station Subdivision recorded May 22, 2013 in Plat Book 103 at Page 1. 8. Covenants and Restrictions in Quit Claim Deed from the United States of America to St. George Investments LLC recorded November 7, 2013 as Reception No. 605391. 2 BUS_RE/5669237.1 • This letter shall further confirm that as the owner of the Subject Property, St. George Investments, L.L.C. has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property. Sincerely, Curtis B. Sanders 3 BUS_RE/5669237.1 0 0 Forest Service Lots 1 and 2 Vicinty Map �'=d 6utt= d rrir to r, Palrptve Auddonum rJ Muw 7eent and Harry: o Hall a Aspen c Cenler go � Pfiysic: Of f' GlUespie 5t r, art G 1.� _ Assn CxntL-r tar ' Pins'. 2 `Wrs�.r`98f t� rMvriPonmPe s� °Judaea E5 arnar! c east 2 Ye rick Sc Hary�r 811Ck Fadzr U Z PieEL►F. ._ . Paris 49 rLi --, •.tier, � � _ June 18, 2015 1:9,028 0 0.075 0.15 0.3 M Aspen 0 0.1 0.2 0.4 km EXHIBIT Seumes Esri, HERE, Del-ortne, TomTom, Inlermap, ncrement P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey. Esri Japan, METI, Esri CNna (Hong Kong), swisslopo, rn Ma pmylnd'a, © Ope nS treet W p cont rib uto rs, and t he GIS U ser C om m Lin dy w 3 D 4 0 EXISTING CONDITIONS LEGEND C CATV PEDESTAL m TELEPHONE PEDESTAL ID ELECTRIC TRANSFORMER ® SEWER MANHOLE YJ CURBSTOP ()Q WATER VALVE WATER HYDRANT ® WATER MANHOLE ® IRRIGATION VALVE FOUND GOVERNMENT MONUMENT, AS DESCRIBED G FOUND NO. 5 REBAR W/PLASTIC CAP, LS. 29408 FOUND MONUMENT, AS DESCRIBED —ut—ut— UNDERGROUND TELEPHONE —ue—un— UNDERGROUND ELECTRIC —m—u— SEWER LINE — — WATER LINE —u9—uq— GAS LINE \ M\ M r Q'S DECIDUOUS TREE -CONIFEROUS TREE ,f >, EDGE OF VEGETATION SEWER MANHOLE RIM ELV=7899.36' INV OUT (NORTH) 7891.40' INV IN (SOUTH)ELY 7892.05' INV IN (SOUTHWEST)ELV=7891.44' 1. THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. —1-1 ...T.—DO-1-1—A.— _a>.DUPONA DEFERiNN55URYANCOMMENCEDMONETTM TEN IMPROVEMENT SURVEY PLAT OF: LOT 1, RANGER STATION SUBDIVISION A PARCEL OF LAND SITUATED IN SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. WITHIN PORTIONS OF BLOCK 9 OF THE ASPEN TOWNSITE, COUNTY OF PITKIN, STATE OF COLORADO cu CCT 1 nc 1 ASPyACTS6 00, /( y7- o,, ) FROM THE NORTHWEST CORNER OF LOT 1 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 70) 704-0311 SOPRISENG@SOPRISENG.COM GRAPHIC SCALE D m (IN FEET) 1 Inch = 10 ft. ILLTi. SCALE 1' z — LOT 1, RANGER STATION SUBDIVISION RECORDED MAY 22, 2013 AS RECEPTION NO. 599691, PLAT BOOK 103 PAGE 1 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO ASPEN CPS MONUMENT NO.9 NOTES 1. DATE OF FIELDWORK: SEPTEMBER 25 - 26, AND OCTOBER 7, 10 AND 11, 2013. 2. DATE OF PREPARATION: SEPTEMBER - OCTOBER, 2013. 3. BASIS OF BEARING: A BEARING OF S 75"05'24" E BETWEEN THE NORTHWEST CORNER OF RANGER STATION SUBDIVISION, MONUMENTED BY A 3/4" STEEL PIPE WITH AN UNMARKED CAP, AND THE NORTHEAST CORNER OF BLOCK 9, MONUMENTED BY A 3/4" STEEL PIPE WITH AN UNMARKED CAP. 4. BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15, 1959; CITY OF ASPEN GPS CONTROL MONUMENTATION MAP PREPARED BY MARGIN ENGINEERING LLC, DATED DECEMBER 2, 2009; THE PLAT OF RANGER STATION SUBDIVISION RECORDED MAY 22, 2013 AS RECEPTION NO. 599691; THE LAND SURVEY PLAT RECORDED JUNE 6, 2011 AS RECEPTION NO, 580311; VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN. S. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE INC., CASE NO. PCT23843W WITH AN EFFECTIVE DATE OF SEPTEMBER 3, 2013. 6. THE SUBJECT PROPERTY IS ZONED AS R-6/SPA PER ORDINANCE NO. 86 OF 1981 RECORDED JANUARY 28, 1982 AS RECEPTION NO. 238630. 7. ONE OF THE CONDITIONS OF AMENDMENT NO. 1 FOR SPECIAL USE PERMIT (F.S.M. 2714) IS A RIGHT-OF-WAY TO K.N. ENERGY FOR A NATURAL GAS DISTRIBUTION PIPELINE. SAID DOCUMENT REFERENCES A S FOOT AND 10 FOOT RIGHT-OF-WAY FOR THE SAME PIPELINE. 8. BASIS OF ELEVATION: THE 2009 CITY OF ASPEN MARCIN CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION "S-159". THIS ESTABLISHED A SITE BENCHMARK, AS SHOWN HEREON. CONTOUR INTERVAL IS ONE V FOOT. I, MARK S. BECKLER, HEREBY CERTIFY TO: ST. GEORGE INVESTMENTS LLC.; PITKIN COUNTY TITLE, INC.; DRAGONFLY PARTNERS II LLC; TODD GARDNER AND PITKIN COUNTY TITLE, INC. THAT THIS IS AN "IMPROVEMENT SURVEY PLAT" AS DEFINED BY C.R.S. § 38-51-102(9) AND THAT IT 15 A MONUMENTED LAND SURVEY SHOWING THE LOCATION OF ALL SETBACKS, STRUCTURES, VISIBLE UTIUTIES, FENCES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, UTILITIES MARKED BY CLIENT AND ALL DEPICTABLE EASEMENTS DESCRIBED IN PITKIN COUNTY TITLE INC. 'S, COMMITMENT FOR TITLE INSURANCE CASE NO. PCT23843W, THE IMPROVEMENT SURVEY PLAT. Y THE ERROR OF CLOSURE FOR THIS PLAT IS LESS THAN 1/15,0DD. EXHIBIT MARK S. BECKLER L5. N28643 EXISTING CONDITIONS LEGEND O CATV PEDESTAL m TELEPHONE PEDESTAL 13 ELECTRIC TRANSFORMER ® SEWER MANHOLE eY CURBSTOP WATER VALVE WATER HYDRANT ® WATER MANHOLE ® IRRIGATION VALVE FOUND GOVERNMENT MONUMENT, AS DESCRIBED G FOUND NO. 5 REBAR W/PLASTIC CAP, LS. 29408 0 FOUND MONUMENT, AS DESCRIBED —ut—ut— UNDERGROUND TELEPHONE UNDERGROUND ELECTRIC SEWER LINE -- — WATER LINE — .9-9— GAS LINE '1AY DECIDUOUS TREE CONIFEROUS TREE V ( EDGE Of VEGETATION POINTNO. NPE DIAMETER (INCHES) DRIPUNE F 5028 DECIDUOUS 7 14 5029 DECIDUOUS 8 1 S030 DECIDUOUS 6 12 5031 DECIDUOUS 7 12 5032 DECIDUOUS 5 to 5033 DECIDUOUS 4 8 5034 DECIDUOUS 8 16 5035 DECIDUOUS 8 16 5048 DECIDUOUS 5 8 5049 DECIDUOUS 10 20 5050 DECIDUOUS 10 2-0 5052 DECIDUOUS 10 20 5053 DECIDUOUS 10 2 5054 DECIDUOUS 1 20 5055 DECIDUOUS 12 20 6001 CONIFEROUS 15.2 24 6002 CONIFEROUS 14 20 6003 CONIFEROUS 13.4 15 60D9 CONIFEROUS 10.6 n 6005 CONIFEROUS 1115 15 6006 CONIFEROUS 16.7 30 6011 DECIDUOUS 8.75 15 6012 DECIDUOUS 6 8 6033 CONIFEROUS 9.55 15 6034 CONIFEROUS 7.1 24 6035 2DECIDUOUS 10.25 20 GENERAL UTILITY NOTE 1. THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION OF UTILITIES PRIOR TO CONSTRUCTION. a • IMPROVEMEN L SURVEY PLAT OF: LOT 2, RANGER STATION SUBDIVISION A PARCEL OF LAND SITUATED IN SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. WITHIN PORTIONS OF BLOCK 9 OF THE ASPEN TOWNSITE, COUNTY OF PITKIN, STATE OF COLORADO -- - SHEET 1 OF 1 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 70) 704-0311 SOPRISENG@SOPRISENG.COM • MAP scniE 1-=:coo' PROPERTY DESCRIPTION LOT 2, RANGER STATION SUBDIVISION RECORDED MAY 22, 2013 AS RECEPTION NO. 599691, PLAT BOOK 103 PAGE 1 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO NOTES OF ASPEN GPS MONUMENT NO.9 1. DATE OF FIELDWORK: SEPTEMBER 25 - 26, AND OCTOBER 7, 10 AND 11, 2013. 2. DATE OF PREPARATION: SEPTEMBER - OCTOBER, 2013. 3. BAS15 OF BEARING: A BEARING OF S 75'05'24" E BETWEEN THE NORTHWEST CORNER OF RANGER STATION SUBDIVISION, MONUMENTED BY A 3/4" STEEL PIPE WITH AN UNMARKED CAP, AND THE NORTHEAST CORNER OF BLOCK 9, MONUMENTED BY A 3/4" STEEL PIPE WITH AN UNMARKED P. 4. BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15, 1959; CITY OF ASPEN GPS CONTROL MONUMENTATION MAP PREPARED BY MARGIN ENGINEERING LLC, DATED DECEMBER 2, 2009; THE PLAT OF RANGER STATION SUBDIVISION RECORDED MAY 22, 2013 AS RECEPTION NO. 599691; THE LAND SURVEY PLAT RECORDED JUNE 6, 2011 AS RECEPTION NO. 580311; VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN. 5. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE INC., CASE NO. PCT23943W WITH AN EFFECTIVE DATE OF SEPTEMBER 3, 2013. 6. THE SUBJECT PROPERTY 15 ZONED AS R-6/SPA PER ORDINANCE NO. 86 OF 1981 RECORDED JANUARY 28, 1982 AS RECEPTION NO. 238630. 7. ONE OF THE CONDITIONS OF AMENDMENT NO. 1 FOR SPECIAL USE PERMIT (F.S.M. 2714) IS A RIGHT-OF-WAY TO K.N. ENERGY FOR A NATURAL GAS DISTRIBUTION PIPELINE. SAID DOCUMENT REFERENCES A 5 FOOT AND 10 FOOT RIGHT-OF-WAY FOR THE SAME PIPELINE. S. BASIS OF ELEVATION: THE 2009 CITY OF ASPEN MARCIN CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION "S-159". THIS ESTABLISHED A SITE BENCHMARK, AS SHOWN HEREON. CONTOUR INTERVAL IS ONE V FOOT. SURVEYOR'S STATEMENT 1, MARK S. BECKLER, HEREBY CERTIFY TO: ST. GEORGE INVESTMENTS LLC.; PITKIN COUNTY TITLE, INC.; DRAGONFLY PARTNERS II LLC; TODD GARDNER AN C PITKIN COUNTY TITLE, INC. THAT THIS IS AN "IMPROVEMENT SURVEY PLAT" AS DEFINED BY C.R.S. § 38-51-102(9( AND THAT IT IS A MONUMENTED LAND SURVEY SHOWING THE LOCATION OF ALL SETBACKS, STRUCTURES, VISIBLE UTILITIES, FENCES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, UTILITIES MARKED BY CLIENT AND ALL DEPICTABLE EASEMENTS DESCRIBED IN PITKIN COUNTY TITLE INC.'S, COMMITMENT FOR TITLE INSURANCE CASE NO. PCT23843 W, OR OTHER SOURCES AS SPECIFIED ON THE IMPROVEMENT SURVEY PLAT. THE ERROR OF CLOSURE FOR THIS PLAT IS LESS THAN 1/15,000. MARKS. BECKLER L5. #28643 ,s/ace/rot, ec t¢:ta:,a eN W ¢, au,w a. vaa eavmll, a,uan tevncy. W vox ea to, ro t ECORDER S NOT of approved through !vision process RANGER STATION SUBDIVISION TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M. SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE PITKIN COUNTY, COLORADO NATURE AND PURPOSE OF SURVEY Thu Survey war a prefomted to loan, and describe lend b Section 12. T. 10 S.• R. 85 W. of the 6th Principal Meridian to be conveyed by mthoriy of the Forest Service Facility Realignment end Enhancement Act of 2005. FND. Original 3/4" die. steel pipe with ap marked "9" �- La1 =/{ a,(i23 sq fl c " 12 1 6,621 s9 ft 20' A�mq QpQ�srr.��een,,,eeerr�,,��, C itl _to N 84%etlW S S)J.0�4�fSOfgEAff1N OS) 270.53, o I4 — f3 c IV73•J 11,616135q.R ry FND. 3/e" dis. Reber z ry P� S73. 21" 143.52, 1 Accepted as S.W. Coma ofBlock 9�_$ LotS 143,J2, / 7490 Sq.ft. Block 9 110.80' A'7J°Og / s'wslctnn� g.� 8 03 ? Not to Sale FND. Original 3/4" dia. steel pipe with cap marked "9" Camal,m m /�i lohnaon Ditch ®' EXHIBIT FND.2 I!2" dis. aluminum 3 cap on 3l4" dia. mbu. / F Block 10 h NOTES: END. 2 IR" dia. aluminum L The positions ofcumem used and set hem m u-c Cap oD 3/4" die. rebar. V obtained using a amhination of5tatic and RDC GPS technique and meet the USDA -Forst Service and USDI-Boma of land Management "Standard and \\ Guidelines for Cnda tml Surveys using Global Positioning mm Method Sys." 2. Camed ne data shnwn for the Si 3ohosm Ditch is of the aauel location as f d on the ground. 3. An underground naruml S. distribution pipeline, with a toW right of way width limited to 10 feet plus the ground occupied by sew pipe. 4. An underground electric electric power line. with a [oml right fway width limited to 10 lest. 5. A switchgear station consisting of a buried vault and a surface metal cabinet. LOT DESCRIPTIONS 6 A 20 fa wide access esemem r La, I, 2, 3, and 4; with For Survey Descriptions of Lots 1, 2, 3, 4 and 5 , See Sheet 2 of 2. the orm"line being the shared property N—dary, between Las 1, 2, 3, and 4. BASIS OF BEARINGS The basis of bearing is S. 75e05'24" E. as measured between the NE and NW Comers of Block 9, being found original 3/4 inch diameter ,�a� ar CERTffICATE OF SURVEY steel pipe monuments with caps appropriately marked as shown on o�' I, yymm, F. Rontmger, Prof ional Land Surveyor No. 29408, the Aspen Townsite map, recorded at Book 4, Page 27, Pitkin County, Colorado. Stare ofcmnrad., de hereby emify tam du plan correctly mp—ms —ey made by — mr under my direction in UNITS OF MEASUREMENT "" 1e"O confirmation site we [a- orate stare ofC.b.& and 0 All distances shown in this survey are in U.S. Survey Feet. the requen oftee U.S. Department ofAg i,,kmc, Forst Service. RIGHTS OF WAY AND EASEMENTS LEGEND U."D. A- FoR sm"c" REGION 2: WBITE RIVER NATIONAL FORES, All Rights -of --ways end easements may not be shown on this usrs: �rs••Atamla.m c.ptlBJa999) BOUNDARY MANAGEMENT UNIT plat et the request of the U.S. Forest Service. Rights -of --ways od i .l clay Mw.twer and easements are shown on plat recorded June 6, 2011 by David W. 0 1 In" Amarmam r - ts:9eox tS.0 ° 4 soo Gnad Ave. Glenwood Sprlag¢, C6lando 81603 n7o-e4s-2sa Tomaschow as Rec. No. 580311 in Bit. 97, Pg. 12, Pitkin County Colorado. O 3n la. dla mear RANGER STATION SUBDIVISION we wlm.arC.— T. 10 S„ R. 85 W. 6th P. M. :AL`a Section 12 n.EA�l ' Blocks 9 and 10 of Aspen Townsite f� $ PITKIN COUNTY COLORADO tiurveyrd By: W>m.n F. aoem¢er p.m: vlrrsoll NOTICE: According to Colorado law, you mstcommeace vn. IANDSI M Dr2ctiS ns ao>kgal action an based upon survey within duce Mv14,"'v�,"ar' --co ° PMals Cexb Clrk! Rar4/r Dmre lLir su ws mvd y-mgseent rod.«ep<M far vriao.i f tar mva.gnm dt fl ou Mt di. h defer. In no event, r r a Da, r1>y Zze/B p pmea: r .i my any action based upon any defect in this survey be Book /O 3 Pr � menced more than tea years from the date of the _� _ PR No. SHEET NO. cenificanbn shown hetwn. �epwaY C1e.k Reaprba Ns. SPP69/ 120706 1 OF 2 a. as/aft/rau .1 12:18:31 a, ue"t"a v". e."m tr, v,ei.�a� r. cur v rea w u • 1D3 F RANGER STATION SUBDIVISION TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M. SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE PITKIN COUNTY, COLORADO LOT DESCRIPTIONS Portions of Blocks 9 and 10 of the Townsite and City of Aspen, County of Pitkin, State Of Colorado, also being a portion of lands described in Case No. 11240 filed with the Clerk and Recorder for Pitkin County, in Book 157 at Page 305. LOT 1, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75105'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14050'15" W. a distance of 110.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N. 14050'15" E. 10 feet; thence N. 75007'25" W., along said northerly line of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14050' 16"E. 10 feet; thence N. 14050' 16"E., along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest comer of Block 9, the Point of Beginning. Containing 6,623 square feet., more or less. LOT 2, Ranger Station Subdivision Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75' 05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet to a 1 1/2' dia. aluminum cap on 3/8" die. rebar, the Point of Beginning. Thence S.75o05'24"E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14050' 15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N. 14'50' 15" E. 10 feet; thence N. 75007'25" W., along said northerly line of Lot 4, a distance of 60 feet to a point on said north line of Lot 4 also being the southeast corner of Lot 1 of this survey from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 1405915"E. 10 feet; thence N. 14o50' 15"E. a distance of 110.37 feet to the Point of Beginning. Containing 6,621 square feet., more or less. LOT 3, Ranger Station Subdivision Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch dia, steel pipe with cap marked "9", thence S. 75' 05'24" E., along the northerly boundary of said Block 9, a distance of 120 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar, the Point of Beginning. Thence S.75e05'24"E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14050'15" W. a distance of 110.30 feet to the Northeast Comer of Lot 4 of this survey monumented with a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar; thence N. 75*07125" W. a distance of 60 feet to the southeast comer of Lot 2 of this survey, from which a 1 1/2 inch dia. aluminum cap on 3/8 inch dia. rebar bears N.14o50'15"E. a distance of 10 feet; thence N. I4o50'l5"E. a distance of 110.34 feet to the Point of Beginning. Containing 6,619 square feet., more or less. LOT 4, Ranger Station Subdivision Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, monumented with a 3/4 inch dia. steel pipe with cap marked "9", thence S.14*50116" W., along the westerly line of said Block 9, a distance of 110.41 feet to the Point of Beginng, from which a 1.5 inch die. aluminum cap on 3/8 inch rebar bears N. 14050' 16 E. a distance of 10 feet and a 1 1/2" dia. aluminum cap on 3/8 " dia. rebar bears S. 14050' l6" E. a distance of 10 feet; thence S. 75007'25" E. a disance of 180.00 feet to the Southeast comer of Lot 3 of this survey monumented with a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence S.41023' 15"W. a distance of 81.68 feet to 1 1/2 inch dia. aluminum cap on 3/8 inch mbar, thence N.73o58'21 "W. a distance of 143.52 feet to a point on the westerly line of Block 9, monulmemd with a 1 I/2 inch dia. aluminum cap on 3/8 rebar; thence N.14o50' 16"E. a distance of 70.20 feet to the Point of Beginning. Containing 11,615 square feet, more or less. LOT 5, Ranger Station Subdivision Beginning at the Southwest Comer of said Block 9 of the Aspen Townsite monumented with a 3/8 inch diameter rebar, thence N. 14o50' 16" E. a distance of 40.20 feet to a point monumented with a 1.5 inch diameter aluminum cap on 3/8 inch diameter rebar, thence S. 75009'23" E. a 143.52 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence S.44134'24"W. a distance of 65.91 feet to a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar; thence N.75o09'23"W. a distance of 110.80 feet to a point on the westerly line of Block 9 monumented with a 1 1/2 inch aluminum cap on 3/8 inch rebar; thence N.14o50' 16"E., along said westerly line of Block 9, a distance of 20.00 feet to the Point of Beginning. Containing 7490 square feet, more or less. q'�,�aars CERTIFICATE OF SURVEY I Wyman E. Bon!agger, Professional Land Surveyor No. 29408, Sttate of Colorado, do hereby certify that this plat correctly represents a survey made by me or under my direction in conformation with the laws of the State of Colorado and at the request of the U.S. Department of Agriculture, Forest Service. NOTICE: Amording to Colorado law, you must convnerce any legal action based upon this survey within three years after you fro do ..or ouch dcfw. In no event, 1 ANDiRVFV DEp n§ may any action basil upon any def Y in this --y be PlrYla fua,y7 CMrt! auoW. Nw'e 011k+ commenced more than tm years from the date orthe Data R•Gar 1 p p>9e 1 ceniacadon shnwn hamn. Boot _ FW U. S. D. A. - 2: WFUTE R BOUNDARY Io%NAGEMENT UNIT 9 Gran Ave. Gknwood Drina, olondo 81601 920-9e5-25n RANGER STATION SUBDIVISION T. 10 S., R. 85 W. 6th P. M. Section 12 Blocks 9 and 10 of Aspen Townsite Surveyed By: ".r. Reeeptbe N J PROJECT I SHEET NO. 120706 2 OF 2 U • ST. GEORGE INVESTMENTS, L.L.C. 601 Poydras Street, Suile 2625 New Orleans, Louisiana 70130 Tel. (504) 525-9017 Far: (504) 525-5607 Cell: (970) 948-4018 Etnall: wducote a tpinteresis.com June 10, 2015 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: St. George Investments, L.L.C.; T.B.D. Eighth Street, Aspen, Colorado 81611; Lots 1 and 2, Ranger Station "Subdivision", as more fully described on Exhibit A attached hereto (the "Pro er ") Dear Sir or Madam: I am writing as Manager of St. George Investments, L.L.C., a Louisiana limited liability company, record owner of the above referenced Property. St. George Investments, L.L.C. desires to apply for, pursue, and obtain at its own expense the City of Aspen's Growth Management Quota System development -rights approval for each separate lot comprising the Property, and any other approvals and land use approvals which may be required or requested by St. George Investments, L.L.C. in connection therewith. This letter shall confirm that St. George Investments, L.L.C. authorizes attorney Curtis B. Sanders of Sherman & Howard L.L.C., and any other personnel of such firm to apply for, pursue and obtain the City of Aspen's review and approval of such matters in connection with the Property. Contact information for Curtis B. Sanders and Sherman & Howard L.L.C. are as follows: Curtis B. Sanders, Esq. Sherman & Howard L.L.C. 320 West Main Street Aspen, Colorado 81611 Tel. (970) 925-6300 Fax (970) 925-1191 Email: csanders@sliermanhoward.com EXHIBIT BUS RE/5669251.1 a Please contact the undersigned with any questions. am BUS_REJ5669251.1 ST.EORGE INVESTMENT L.C. a Louisiana limi d liabi�v coma Ducote, Manager Exhibit A (Legal Description of Pj•open),) Lot 1, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest Corner of Block 9 of the Townsite and City of Aspen, monumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E., along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14'50'15" W. a distance of It 0.37 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia, aluminum cap on the 3/8" dia. rebar bearing N. 14°50'15" E. 10 feet; thence N. 75107'25" W. along said northerly Iine of Lot 4, a distance of 60 feet to a point on the westerly line of said Block 9 from which a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14°50'16" E. 10 feet; thence N. 14'50'16" E. along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest corner of Block 9, the Point of Beginning, Pitkin County, Colorado; and Lot 2, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 in Plat Book 103 at Page 1. Also described as follows: Beginning at the Northwest corner of Block 9 of the Townsite and City of Aspen, momumented with a 3/4" dia. steel pipe with cap marked "9", thence S. 75°05'24" E. along the northerly boundary of said Block 9, a distance of 60 feet to a 1 1/2" dia, aluminum cap on 3/8" rebar, the Point of Beginning. Thence S. 75°05'24" E., along said northerly line of Block 9, a distance of 60 feet; thence S. 14°50'15" W. a distance of 110.34 feet to a point on the northerly line of Lot 4 of this survey witnessed by a 1 1/2" dia. aluminum cap on 3/8" dia. rebar bearing N. 14'50'15" E. 10 feet; thence N. 751107'25" W., along said northerly line of Lot 4, a distance of 60 feet to point on said north line of Lot 4 also being the southeast corner of Lot 1 of this survey from which a l 1/2" dia. aluminum cap on 3/8" dia. rebar bears N. 14'50'15" E. 10 feet; thence N. 14'50'15" E. a distance of 110.37 feet to the Point of Beginning, Pitkin County, Colorado. BUS RE/5669251.1 RETAIN Fq# Agreement to Pay Application Fees An agreement between the Uty of Aspen (--c;ity ) ana Property St. George Investments, L.L.C. Phone No.: c/o Curtis B. Sanders; (970) 300-0114; Owner ("I"): Email: csanders@shermanhoward.com Address of Ranger Station Lots 1 and 2, Billing c/o Curtis B. Sanders, Sherman & Prope rty, Address: (subjectofT.B.D. Eighth Street, Aspen, Howard L.L.C., 320 West Main Colorado 81611 (send bills here) Street, Aspen, CO 81611 application) p I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that 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. $.975 flat fee for APCHA (Housing) $ 0 flat fee for Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review 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. 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 mailed 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 the processing of my application at the hourly rates hereinafter stated. $ 3, 250 deposit for 10 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: City Use: 4225 Title: Fees Due: $ Received: $ WAIMMM EXHIBIT 8