HomeMy WebLinkAboutlanduse case.gm.Ranger Station Sub.0063.2015.ASLUC�
THE CITY OT 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
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1400
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: -�C>h
Aspen, CO
STATE OF COLORADO
County of Pitkin
I, Z14
(n=e, plc�e print)
being or represcrubuig an Applicant to the City of Aspen, Colorado, hereby personally certify that
I have complied with the public notice requirements of Scebim 26.304.060 (E) or Section
26.306.010 (E) of the Aspen Land Use Code in the following manner-
,�r Publication ofnotice: By the publication in the legal notice section of an official paper
or apaper of general circulation in the City ofAspenno 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 thepubl* 1,onu �atlachecdl �here,6.
he pu"
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The foreZoing "Affi davit of Notice" was acknowl edved before me this R�t ay
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MY commission expires:
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ATTACHMENTS: STATE OF COLORADO
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NOTARY ID #19964002767
COPY OF YHE PUBLICA Y70AT my 2221
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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 -yew 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 my 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
Shermart and Howard, 320 W. Main Street, Aspen, CO 81611
Legal Description and Street Address of SuMect Property:
Lots 3, Ranger Station Subdivision
Written Description of the Site Specific Plan and/or Attachment Describinst 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 we
marimade. City Council Ordinance No. 33, Series 2015.
Effective Date of Development Order:
October 8, 2015 (Same as date of publication of notice of approval.)
Exviration 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.
cj�Qjnn'"
Jerafifer?h�an, Deputy Planning Director for
Comanuhil)�,Development Director
City of Aspen
I..W 1.0
ORDINANCE NO. 33
(SERIES OF 2015)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING GROWTH MANAGEMENT REVIEWS, DETERNUNING 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 hewing 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 drs Ordinance furthers and is necessary for the promotion
of public health, safety, and welface.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Ordinance No 33, Series 2015
Page I of 3
%0 Vd
Section 1: Apurovals
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 mount
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 mount 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 marinnade
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 Right
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, my failure to abide
by my 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 aridjudicial review. The
period of time permitted by law to exercise the right of referendurn to refer to the electorate this
Section of this Ordinance granting vested fights; or, to seek judicial review of the grant of vested
fights shall not begin to run unfil 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.
S"tion 3: Severability
If my section, subsection, sentence, clause, phrase, or portion of this ordinance is for my 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
%W 1.0
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 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-m-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-m-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 mannarle
and shall not be deducted from the lot size when calculating the net lot area of each lot.
Other dim 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 RiVFht
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, my failure to abide
by my 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 graming vested rights; or, to seck judicial review of the grant of vested
rights shall not begin to ran 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 thani those set forth
in the Colorado Constitution and the Aspen Home Rule Charter.
Section 3: Severabili
if my 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 Litientio
This ordinance shall not affect my existing litigation and shall not operate as an abatement of my
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.
S"tion 5: Aptwovals
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hewing or documentation presented before
the City Council, we hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, wiless amended by an authorized entity.
Section 6: Public Hearin
A public hearing on this ordinance shall be held on the 28"' 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 thesame shall
be published in a newspaper of general circulation wiflm 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.
Y,ignda waking, Ci CI,,k
ZA �V
Steven'gkadr�, Mayor
FINALLY, adopted, passed and approved this 28th day of September, 2015.
est:
Linda Manning, Citl� lerk
Approved as to fom:
/14mries R. Tme, City Attorney
Steven Skad on, M-3�--r
OrdinanceNo 33, Serws2015
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 my growth management
allotments granted pursuant to Section 26.470, but shall be subject to my arnendments 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
Shennan and Howard, 320 W. Main Street. Aspen, CO 81611
Legal Description and Street Address of Sub 'ect Propertv:
Lots I 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 26.308.0 10 of the City of Aspen Municipal Code.)
Issued this 8h day of October 2015 by the City of Aspen Community Development Director.
rfz �� �`
Je1.
ranter P Deputy Planning Director for
CommunivIvelopment Director
City of Aspen
%W� Saw
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 LI-C 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-m-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 utuder
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 uxe
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 Ordinmce 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
�W 1%0
Section 1, Aporovals
pursuant to the procedures and standards set forth in Title 26 of the Aspen Murlicipal Code (the
"Code"), City Council hereby grants approval of two residential development allotments, one
each for Lots I and 2, of the Rariger 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 maxim= 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-m-Lieu Rate = Total Amount Due
The mount of mitigation required, via a Certificate or cash-in-licu, 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 I 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 Right
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, my failure to abide
by my 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 andjudicial review. The
period of time permitted by law to exercise the right of referendum to refer to the electonne this
Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested
rights shall net 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: Sevembility
If my 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
Nft� 11.e
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 I and 2, of the Ranger Station Subdivision. Such approval is conditioned on the
following:
A. A �h-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-m-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 I and Lot 2 may be developed separately. The requirements set forth above must be
satisfied at the time a building permit is sought.
S�tion 2: Vftted Right
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, my failure to abide
by my 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 a rights of referendurn 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 Ordinarce granting vested rights; or, to seek judicial review of the grant of vested
rights shall not begin to rum 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: Sevembility
If my 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 remaming
portions thereof
Ordinance No 32, Series 2015
Page 2 of 3
Section 4: Existing Lifi2ation
This ordinance shall not affect any existing litigation and shall not operate as an abatement of my
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: Approva
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 he held on the 28a 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 withim 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.
A"t:
(I lw�ft
�L s'
inda Man
Steven SkIrdrota'yor
FINALLY, adopted, passed and approved this 28th day of September, 2015.
Attg*; � I
�%� KMAAq 4quL
tmda Manning, City Clerl Steven Skadr41,4 Mayor
Approved as to form:
Jp&es R. True, City Attorney
Ordinance No 32, Series 2015
Page 3 of 3
Re2ular Meetinz Aspen City Council SeWertaber 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 CALCULATIONS; 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. Councifirrembers 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 marmade 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 firom the Sl Johnson ditch. The
historical image shows the area looks relatively flat and Smff feels determining the slopes are manamade 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 marinade. 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 gramed 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 offisite units. Are we
removing the ofisite opportunity to provide affordable housing down the road. Ms. Phelan replied she
does not think so. Any offisite 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
W C
Regular Meeting Aspen Ci!l Council September 28,2015
Mayor Skadron asked why is it necessary these lots need to be consistent with tour 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 undone 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 933, Series of 2015; seconded by Councilman Daily. Roll
call vote. Councilmembers Daily, yes; Mullins, yes; Myrin, yes; Frisch, yes; Mayor Skadrim, yes.
Motion carries.
ORDINANCE #36. SERIES OF 2015 Timeshare Code Amendment
Ms. Gannow 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
orneshares. 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. I I of the 104 lodge units are timeshare units. It replaced a free market component that might have
lay domant for pan of year. The six proposed changes are:
I . 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 store 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 armencled 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
posturgjust like my other public hearing. The difference is there would not have been the plarmed
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
V V P558
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Jennifer Phelan, Deputy Planning Director
RE: Lots 1� 2 Ar 3, Ranger Station Subdivision — Growth Management Allotments and
a Determination, 2nd Readim! of Ordinance Nos. 32 & 33 (Series of 2015)
Public Hearing
MEETING
DATE: September 28, 2015
APPLICANT /OWNER:
St. George Investments, LLC (own" of
Lots I & 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, 21
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
marrmade 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 martmade.
PD
Mu
�j
R40F
I
14 PD
IX.a
0 0 P559
IX.a
OUESTIONS FRom FIRST READENG (8/24115)
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 fffst time?
0 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 mammide.
LAND UsE REOUESTS AND REVIEW PROCEDURES:
The Applicants have requested a combined review, in which all reviews and decisions we
granted by City Council. The following land use approvals from the City Council are being
requested:
• Growth Managernent Quota System (GMOS) Reviews (Chapter 26.470) for free-market
residential development and allotments. (As a combined review, die City Council is the
final review authority )
• A Determination for Lot 3 concluding that the areas of steep sloves present on the site are
martmade and should not be deducted when calculating Floor Are 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 Puinger 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 my steep slopes present on the property were marmadc and
therefore not deducted from gross lot area, and provided vested rights for three years.
BACKGROUND:
The United Si;tcs Forest Service (USFS) property is located in the West End ofAspen and the
property is comprised of multiple lots and blacks a 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
V P560
IX.a
tre 1: A portion of die Aspen Townsite Plat
I �:j As a result of the filing of the survey, the community
development department began to field inquiries on the
lots. Staff provided a stationary 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 trade 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 stationary emphasized that
each lot would require a GMQS allotment. Ali of the lots
have been purchased and a land use application has been
submitted for the reataining three lots, with the intent of
receiving a development allotment for each.
Figure 2: Ranger Station Subdivision, 2013
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 ane located in die Mediurn Density Residential
Page 3 of 6
0 0 P561
IX.a
(R-6) zone district with a Planned Development (PD) overlay and exceed the minimurn lot size
required for the zone district. The Applicants we asking to pay a cash payment -in -lieu or
extinguish Affordable Homing Credits for my 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 mannonale, similar to the determination made for Lots 4 and 5.
LAND USE REviEws:
Growth Mana2ement 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 Trainers Landing (Barbee PUD) near
Koch Park and Alpine Cottages off of E. Cooper and Alpine Court. In this case, if the USES had
gone through a city review a minimum of 60% of the units and 300/. of the project's Floor Area
would have been required to be developed as affordable housing.
In cases where a '�pmject 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 Arca.
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 mitigatum requirement applicable to these lots is
for a physical unil; 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 Hewing 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
D elopment Allotment
Maximum
AH Mitigation
FTE
Payment -in -
Floor Area'
(30% of
Conversion
lieu for FrEs
Maximum
(AE Mitigation
(FTEs x
Floor Area)
/400)
Category 4
Cash-m-lieu,
$144,393)
Lot 1
3,243 sq. ft.
973 sq. ft.
2.43 FTEs
$350,874.99
'3
3�242 sq.. 1,1
973 sq. ft.
2.43 FTEs
$350,874.99
�Lot
Lot
42 q
973 sq. fL
2.43 FTEs
$350,874.99
' The area of the alley, approodrustely 600 sq. fit, has been deducted from each lot in calculating Floor Area.
2 The area of steeps slopes has not been deducted finorn lot size, %rith the assuntption that the slopes are nuantarle.
Page 4 of 6
P562
IX.a
Staff Comment: ne 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 includeproviding 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 Councilfor Lots 4 and 5.
Determination — nummade sloves:
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 Pl)
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 (forruerly part of the alley of Block 9). No steep slopes appear to
be present on Lots I or 2 but are on Lot 3. The Si Johnson Ditch runs through part of Lot 3.
Page 5 of 6
0 0 P563
1X.8
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 Luts 4 and 5. Lot 3 is requesting that
the steep slopes associated with the lot not be deducted from Gross Lot Arm as they appear to be
mammade. Again, during the review of the development allotments for Lot 4 and 5, City Council
determined that the slopes were martmade and need not be deducted from the Gross lot Area.
Staff Comment: All city lots am 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 andfor 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 allotmmt 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-farmly 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
marmade, 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 martmade slope determination and Growth
Management Reviews for Lots 1, 2 and I"
CITY MANAGER COMMENTS:
ATTACUI%IENTS:
EXRMFFA—
Growth Management Review Criteria
ExHEBrr B.-
Staff Development Summary
ExDmrr C—
Application
E)aiEBrr D—
Historical image
E)cHmrr E
APCHA Referral
Page 6 of 6
%W 1-.0 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 I 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: autd,
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 ibis 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 Nn 32, Series 2015
Page I f3
IX.a
%W s%W P565
IX.a
Pursuant to the procedures and standards set form in Title 26 of the Aspen Municipal Code (the
"Code"), City Council hereby grants approval of two residential development allotments, one
each for Lots I 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 Cerrificate 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 I 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
rhe 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 my 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 andjudicial review. The
period of time perritifted 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 fights 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 trader or by virme of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Ordinance No 32, Seue, 2015
Page 2 of 3
'%.� 1.10 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 Hearin
A public hearing on this ordinance shall be held on the 28� 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 ORDEPED 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 Steven Skadron, Mayor
Approved as to form:
James R. True, City Attorney
Ordinance No 32, Series 2015
P.go 3 of 3
IX.a
%W �40 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 MANNIADE 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 denaturation 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 arid considered
the recommendation of the Commonly Development Director, the applicable referral agencies, and
has taken and considered public comment at a public bearing; and,
WHEREAS, during a duly noticed public hearing on September 29, 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:
Ord�,,a.�e No 33, Seiies 2015
Pagel of3
1�1 we 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-lieut 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 we determined to be and deemed to be nummade
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 fthts
The development approvals granted herein shall constitute a vested property right attaching to and
runningwith each of [he individual lots for a period of three (3) years. However, any failure to abide
by my 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 andjudicial review. The
period of time pennitted 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: Severabili
If my 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, Senes 2015
Page 2 of 3
�W %W P569
Mal
Section 4, Existing Liti2ation
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 repeated 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 fit 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 28s' 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 2e 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:
R. True, City Attorney
Steven Skadron, Mayor
Oodm.nce No 33, Senes 2015
Page 3 of 3
N.� P570
Exhibit A
Growth Management Review Criteria a
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 critena:
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 mended. 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.
StrzfFindings: Each lot can he developed with a single family residence� Thefollowing table
provides the floor area mitigation required based on a single Jamilv residence with a
conversation to Fall Time Equivalents (FTEs) and a corresponding cash-or-lier, payment.
itig it ired f�r a
a on requ
M Mitigation required for a lot without a-
v
Develo ment A.Umn ent
aximurn
murn
AH Mitigation
it
FTE
Payment-in-
Flo Arcati
0,
a
(30% of
Conversion
_s
lieu for FTEs
for FTF
2t
M Z
aximum
(AH Mitigation
(FTEs x
Floor Area)
/400)
Category 4
Cash -in lieu,
It' u,
$144,393)
3 I
Lot 1
3 243 sy� ft.
973 sq. ft.
t
2.43 FTEs
$350,974.99
Lot 2
3 242 s ft.
973 sq. ft.
2.43 FTEs
—2.43
—S350,874.99
Lot 3
3,242 sq. ft.
973 sq. ft.
FTEs
$3505874.99
The intent qfthe mitigation requirement is aphysical '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 ofaffordable housing mitigation andfinds the criterion met.
The area of the alley, approximately 600 sq. ft., has been deducted from each lot in calculating Floor �ca.
The aren of sleeps slopes has not been deducted from lot size, with the assumption that the slopes are manmade.
vNe *4W P571
Exhibit A
Mal Growth Management Review Criteria
Sub Section 26.470.070(4)
4. Affordable housing. The development of affordable housing deed -restricted in accordance
with the AspenTitkin 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 theformal
referral has been provided.
b. Affordable housing required for mitigation purposes shall be in the to= 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/Titkin 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.
Staf
f Findings: The Applicants are requesting that a cash payment -in -lieu or credits be
aecepiedfor both lots by city council. Both are permittedforms of mitigation. Stafffinds 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
acceptedfor 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 AspenTitkin 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 instruncrit in a form acceptable to the
City Attorney ensures permanent affordability of the units. The City encourages
1%.11 P572
Exhibit A
Growth Management Review Criteria a
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
Comfy 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
acceptedfor both lots by city council. As such, staffinds 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. Stafflinds 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 oj 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.
Stef
ff Findings: As noted in the application, the applicant has investigated thepotentialfor a
buy down and is concerned over the increased cost compared to a cash -in -lieu payment or
the use oferedits.
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.
SuflFindings: Accepting a cash payment -in -lieu is a permitted way toptovide mitigation but
does not necessarily provide near term production ofan qffordable housing unit compared in
the buying down q/ a physical unit or purchasing Alf
recommendation lordable Housing Credits. A
firom APCH4 will be provided afsecond reading.
%W V40 P573
Exhibit A
IX.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-m-lieu payment for a fraction of a
dwelling unit shall not require City Council approval.
,%W 1.0 P574
Mal
JURISDICTION:
EFFECTIVE DATE:
WRITTEN BY:
APPROVED BY:
CITY OF ASPFN
COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen
July 16,2013
Jennifer Phelan, Deputy Planning Director
Jennifin 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 chat ity 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.
Alt 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 I through 4 requite 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 my steep slopes are present that are required
to be subtracted to determine Net Lot Area.
Lola 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 casements the City and the ditch company have an
casement that nins 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 casement. In addition othei required yard setbacks are applicable.
%W too P575
Mal
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.
I., P576
SHERMAN&HOWARD
320 West Main Street, Aspen, Colorado 81611-1557
Telephone 970.925 6300 Fax: 970.925.1181 �pherharth,,ari
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 GNIQS 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 "Sull P operty")
Dear Ms. Phelan
The undersigned represents CCI Lot 3, LLC, a Colorado limited liability company
("Applican ") 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 dAffordable Housing Cretins.
1. Introduction. As noted immediately above, this application (the "Arol3lication")
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 Cite 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;
IX.a
BUS—RE/5675570,1
I%W
O�A
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 Formc 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 I (the "Survey Pla "), 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 tying 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, 1, K, L, M, N, 0, P, Q, R, and S of Block 9, and
Lots A, B� C, D, E, F, G, H, 1, M, N, 0, 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,
F5 G, H and I on the north thereof and M, N, 0, P, Q, R, and S on the South in
said Block 10.
BUS RE/5675570,1
P578
Ma
By confirmation quitclaim deed recorded May 20, 1940 in Book 157 at Page 633, Pitkin
County, Colorado, Charles F. Gaxlington 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 imunediately 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 a] I 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 inumediately 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 Correct
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 describedparcelprior to November 14, 1977, that complies with the
provisions of Subsection 26.480.020.E, Aspen Townsue lots" pinsmint 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 Let 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.
BUSRE15675570.1
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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 die Applicant's
Application shall be processed and reviewed by the City of Aspen pursuant to such provisions.
b. LUC Section 26.471) - (,rowtft tviani2emeni % P111PIN O"LUNIN, - ..
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.
L LUC Section 26.470.050. General requirements. LUC Section 26.470.050.13
provides that "[A]II development applicationsfor growth management review shall comply with
thefollowing standards." The Applicant confirms its compliance with the general requirements
of LUC Section 26.470.050.B 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 26470.090.1 shall not be required to meet this
standard.
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 nixterplan.
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 enX' (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
BUS-REJ5675570 1
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IX.a
headquarters facility, generally consists of single fmily housing. The Subject Property is not
subject to my adopted regulatory toaster plan.
district. (3) Standard 3: The development conforms to the requirements and limitations ofthe zone
Anplicant'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
Presei,vation 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: "Undess otherwise specified in this Chapter, sixty percent (600%) of the
employees generated In, 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 Aspen1pitkin
County Hawing 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 he
extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the
Certificate."
Applicant's Respons : 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-m-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 thefinishedfloor level is
at or above natural orfinished grade, whichever is higher, shall be provided in an amount equal
to at least thirty percent (300%) 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 AspenlPitkin County Housing Authority
Guidelines, ici 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 uniis'� may be deed -restricted at anv 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 26540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the
calculations in Section 26.470. 100 EmployeelSquare Footage Conversion."
BUS-RE/5675570,1
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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, waler supply, seuage treatment,
energy and communication utilities, drainage control, fire and police protection, solid waste
disposal, parking and road and transit set -vices."
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 infisistructure, 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 Percen
(60%) Affordable. LUC Section 26.470.070(9)(b) provides in its entirety as follows:
'19. 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-restricied in accordance with the AspenlPitkin County Housing
Authority Guidelines, shall he approved, approved with conditions or denied by the Planning
and Zoning Commission based on thefollowing criteria:. . . h. If theproyeet 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 AspenlPitkin County Affordable
Housing Guidelines, shall qualh�. "
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
Howing Mitigation (30%
26.710.040)
of Max. Floor Area)
I Lot 3
16,619 s.f
6,019 s.f
1 3,240 S.t. 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
BUS_RE/5675570 1
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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-licu, provided however, that if the mitigation
requirement is one (1) or more Units, a cash in lieu payment shalt 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
Lot 3 972 sL factor of 400 per LUC Section 26.470.100(4))
, 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 UTE's per Lot would be $425,250 for the Lot.
Using the Aspen/Pitkin County Affordable Housing Authority's Guidelines' current
cash-m-heir 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 Reunited Affordable Housing
Via a Cash in Lieu Paymen . In addition to die 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-licu, the Applicant confirms its compliance
with the general requirements of LUC 26.470.090(3), as follows:
(1) Standard 1: "The provision of affordable housang 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 theproject 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 Respons : 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
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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-sitc
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 af
.fordable housing units. A recommendation
from the Aspempitkin County Housing Authoritv shall be consideredfor this standard."
Avolicant'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-licu 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-m-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.
Eric.
cc: CCI Lot 3. LLC
Sincerely,
L le>_�
Curtis B. Sanders
BUS RD5675570.1
%Ill Ift., P584
IX.a
SHERMAN6HOWARD
320 West Main Street, Aspen Colorado 81611-1557
Telephone: 970.925.6300 Fax 970.925.1181 �,shaprranhoward,dem
Curtis B. Sanders
Sherman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-mail csandem@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 I 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 ProDertv")
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-m-licu or Certificates of Affordable Housing Credits.
LIntroduction. 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 REC680136A
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IX.a
(4) LUC Section 26.470.070 (4)
(5) LUC Section 26.470.090 (3)
(6) LUC Section 26.470. 100
(7) LUC Section 26.470.110
(8) LUC Section 26.710.040
Affordable housing;
Provision of required affordable housing via a cash
in lieu payment;
Calculations;
Growth management review procedures; and
Medium Density Residential (R-6).
b. AdditiODal Application Materials. The additional documents and materials
accompanying this Application consist of the followm&
(1) Exhibit 1:
Land Use Application, Dimensional Requirements Form, and
Homeowners Association Compliance Formt;
(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 StiWeet Property. As depicted on the "Ranger Station Subdivision"
Survey Plat recorded May 22, 2013 in Plat Book 103 at Page I (the "Survey Plat"), the Subject
Property is comprised of two legally -separate Lots, identified as "Lot I" 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. 60539 1. 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 I 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, 1, K, L, M, N, 0, P, Q, R, and S of Block 9, and
Lots A, B, C, D, F, F, G, H, 1, M, N, 0, P, Q, R, and S of Block 10 of the
Townsite and City of Aspen, County of Pidsm, 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 parr of the alley in said Block 10 lying between Lots C, D, E,
%W 1100, P586
IX.a
F, G, H and I on the north thereof and M, N, 0, 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, Chutes 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 a] I 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 1890 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 I 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 I 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 I and Lot 2 is each a ". . . vacant lot
that was suhativided or was a legally describedparcelptior to November 14, 1977, that complies
with the provisions ofSubsection 26480.020.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.
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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.
h. LUC Section 26.470 - Growth Management Ouota 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.
L LUC Section 26.470.050. General reguirements. LUC Section 26.470.050.13
provides that "[A]II development applicationsfor growth management review shall comply with
thefollowing 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.
Attplicant'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 masterplan.
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 Hallarn 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
NW- �%W P588
IX.a
headquarters facility, generally consists of single family housing. The Subject Property is not
subject to my adopted regulatory master plan.
district. (3) Standard 3: The development conforms to the requirements and limitations of the zone
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 Respons : 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 4 M 0 70.4, Affordable housing, at a Category 4 rate as defined in the AspenlPitkin
County Housing Authority Guidelines, as amended. An applicant ma ' v 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 26540, such Certficate shall be
extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the
Certificate."
Avolicant's Respons : 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 thefinishedfloor level is
at or above natural orfinished grade, whichever is higher, shall he 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 difned in the AspenlPitkin 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 EmployeelSquare Footage Conversion."
�be �%W P589
IX.a
Applicant's Response: Purounit 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-fieu; or (2) Certificates of Affordable Housing
Credits, instead of through the provision of affordable housing.
(7) Standard 7: "Tbe project represents minimal additional demand on public
infrastructure, or such additional demand is mitigated through improvementproposed 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 us the extent that its development placed
additional demands on public infirstructure, the Applicant will mitigate those additional
demands through the payment of applicable City of Aspen impact fees at the time of building
permit submission.
it. LUC Section 26.470.07OJ9)(b) - Residential Development — Sixty Percen
(60%) Affordable LUC Section 26.470.070(9)(b) provides in its entirety as follows:
119. Residential development — sixty percent (6001) affordable. The development of a
residential project or an addition of units to an existing residential project, in which a minimum
of sixty percent (6OYo) of the additional units and thirty percent (30%) of the additionalfloor
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
andZoning Commission based on thefollowing criteria: . � . h. If theproject consists ofonly one
(1) firee-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 'Yor sale" unit, according to the provisions of the AspenlPitkin County Affordable
Housing Guidelines, shall qualif "
y.
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:
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)
jLot
Lot 1
6,623 s.f.
6,023 s.f.
3,240 s.f.
972 s.f.
Lot 2
_�,62 �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.
me P590
IX.a
ill. 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, of by Cerfificate(s) of Affordable Housing Credits by approval of the Comanunity
Development Department Director, or by cash-m-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:
Required Affordable Housing
Required FTE's (Affordable Housing
Mitigation (30% of Max. Floor Area)
Mitigation amount, divided by conversion
ELot
-
factor of 400 per LUC Section 26.470.100(4))
Lot 1
972 s.f.
2.43 FTE's
L.t2
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 nutigation requirement of 2.43 UTE'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 UTE, 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 Housin2
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
Credi Is pursuant to LUC Section 26.470.070(4)(b), LUC Section 26.470.090(3) Vnerally 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
Cerfificates 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 size 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-fiamily 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.
%W %wo P591
1X.3
(2) Standard 2: "The applicant has made a reasonable good -faith effort in Pursuit of
providing the required affordable housing off site through construetion of new dwelling units or
the deed restriction of existing dwelling units to affordable housing slams."
Avolicant'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 firthers affordable housing goals, and the cash -in -lieu
payment will result in the near -term production of affordable housing units. A recommendation
from the AspenlPitkin County Housing Authority shall be consideredfor this standard."
Applicant's Response: The Applicant maintains that the Aspen/Pitkin County Housing
Autliority'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 homing 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 ofaffordahle 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-m-lieu or Certificates
of Affordable Housing Credits.
cc: St. George Investments, L.L.C.
Sincerely,
Curtis B. Sanders
1� Ifto P592
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ST. GEORGE INVESTMENTS, L.L.C.
601 P.yd, as Sirca, Sido, 2625
Now Odeans, Lotokjaria 70130
Tel (304) 525-9017
Far: (504) 525-5607
Cell: (970) 948-4018
Estall. wducoa,@1phiteresis. con,
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 I
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 xvliicb 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: esanders@sliefmanhoward.com
BUSRE15669251.1
ty *AVf P593
Ma
Please contact the undersigned with any questions.
BUS_R06669251.1
LZ
S'P.AEORGE INVESTMENT$,L5L.C. a Louisiana
Duccte, Manager
1� II.W' P594
IX.a
Exhibit A
(Legal Description qfPrope,-ty)
Lot 1, Ranger Station Subdivision, according to tile Survey Plat recorded May 22,2013 ill Plat
Book 103 at Page 1.
Also described as follows:
Beginning at the Northwest Corner of Block 9 of file Townsite and City of Aspen, monumented
with a 3/4" dia. steel pipe with cap marked "9", thence S. 75005'24" H., 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. 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 tile westerly line of said Block 9 from
which a 1 1/2" dia. aluminum cap on 3/8" dia. lobar bears N. 1405016" F. 10 feet; thence N,
IV50'16" 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 ill Plat
Book 103 at Page 1,
Also described as follows:
Beginning at the Northwest corner of Block 9 of the'fownsite ard City of Aspen, monamented
with a 3/4" dia� steel pipe with cap marked '9% thence S. 75005'24" E� along the ma therly
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. 75005'24" 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. lobar 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 I of this survey from which a I
1/2" dia. aluminum cap on 3/8 " dia. rebar bears N. 14050'15" E. 10 feet; thence N, 14050'15" F. a
distance of 110.37 feet to the Point of Beginning, Pitkin County, Colorado-
8Us_RFJM69251A
lose Ifto P595
IX.a
CCI LOT 3, LLC
8 13 Ban it, D,i,e
Aspen, Colorado 81611
Cell, (512) 968-1450
Enacal: 6,k,,A,,aP,tl ... k.�,
July 8, 2015
City of Aspen
Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 8 1611
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
"Proper ")
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: csanderst&.shermanhoward.com
Please contact the undersigned with any questions.
BUS—RE)5673711.1
P596
CCI LOT 3, LLC, a Colorado limited liability
company
By:
Geo ge,pcer, Manager
IX.a
BUS_RE156]3]11.1
�w VmO P597
IX.a
Exhibit A
(Legal Description ofProperty)
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 I as
Reception No. 59969 1, Pitkin County, Colorado.
8USRE/5673711A
%..� 14,00 P598
IX.a
SHERMAN6HOWARD
320 West Main Street, Aspen, Colorado 81611-1557
Telephone 9709256300 Fax 970.9251181 �pharnnarhan,srdoonn
Curtis S. Sanders
Sharman & Howard L.L.C.
Dire& 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 8 1611
Re: St. George Investments, L.L.C.; T.B.D. Eighth Street, Aspen, Colorado 81611; Lots I
and 2, Ranger Station "Subdivision"; Certificate of Ownership
Den Sir or Madarn:
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 Pronerty"):
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 Comer of Block 9 of the Townsite and City of Aspen,
monturnerited with a 3/4" dia. steel pipe with cap marked "9", thence S. 750l 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 ofthis survey
witnessed by a 1 1/2" dia. aluminum cap on the 3/8" dia. rebar bearing N. W50'15" E. 10
feet; thence K 7500725" 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 comer of Block 9, the
Point of Beginning, Pitkin County, Colorado;
and
BUS_Fi
%W 14W 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. 75oOT24" 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. 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. 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 I of this survey from which a 1 1/2" dia.
aluminum cap on 3/8" dia. rebar bears N. 14'50'15" F. tO 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 38 1, 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 t03 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 RE15669237,1
I-W Ifte P600
This letter shall further confim 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
%W 14W P601
IX.a
SHERMAN&HOWARD
320 West Main Street �pei Coli 81611-1557
Telephone 970.925.6300 Fax 970,925,1181 �shonnnarhosxaraconr
Curtis B. Sanders
Sherman & Howard L.L.C.
Direct Diet Number: 970.300.0114
E-mail: csandem@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 8 1611, 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 I and is more particularly described as follows:
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 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. alurninum 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 I '/� inch dia. aluminum cap on 3/8 inch dia. rebut;
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 dia. aluminum cap on 3/8 inch dia. rebar bears N
14'50;15" Eadistanceof 10 feet;
thenceN 14'50'15" E adistance of 110.34 ficetto thepoint of beginning.
BUS_RE/5673716 I
Nftw low 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,
t973 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
Jane 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.
1 t. Deed of Trust, Security Agreement, Fixture Filing, Financing Statement and
Assignment of Leases and Rents Lted 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 RE15673716,1
r/ P603
IX.a
Sincerely,
Curtis B. Sanders
BUS RE/5913716I
%� I%W P604
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 owne The following certification
shalt accompany the application for a permit.
Subject Property: Lots 1 and 2, Ranger Station
T.B.D. Eiqhth Street
Aspen, Colorado 81611
1, the property owner, certify as follows: (pick one)
L1 This property is not subjeGtto a homeowners association or otherform of private covenant.
El 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.
El This property is subject to a homeowners ai 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
'440 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 moresenfing the property owne 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
1, the property owner, certify as follows (pick one)
EJ 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 pernrit do not require approval by the homeowners association or
covenant beneficiary.
El 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
Ap,,[, 2013 C,V of 4spen � 130 S, G.Ie,a St l (970)
.192.
a
Agreement to Pay Application Fees
Nn aureement between the City of Aspen ("City") and
Ow Property St George Investments, L.L.C. Phone No.: cgo C,nia B. Sandem; (970) 300-0114;
ner (7): ' Email: manders@shermanhoward.com
Address of Ranger Station Lots I and 2, Billing c/o Curtis B. Sanders, Sherman &
Property: T B D Eighth Street, Aspen, Address Howard L.L.C., 320 West Main
(subject of . . . (send bills here)
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 am 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 raimburse the City for the
processing of my application at the hourly rates hereinafter stated.
13,250 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 Bandon
Community Development Director
F city use: 4225
ees Due; $_ Received: $
K4
Agreement to Pay Application Fees
me
Property Phone No.: (970) 925-6300
Owner ("I"): CCI Lot 3, LLC Email: csanders@shermanhoward.00m
Address Of Ranger Station Lot 3, T.B.D. Eighth Billing
Property Address c/o Curtis B. Sanders, Sherman &
(subject of Street, Aspen, Colorado 81611 (send bills here) Howard LIA
application) Street, Asper
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 invoim 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
Citykise: 4225
F... Due; S Received: $
Property Owner;
Name Georfe Baker
Tin- Manager
KID
14MW I..e P608
ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
Varoc St. George lurvestments, L.L.C.
Location Ranger Station Lots I 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)7 273512429002 (Lot 2)
Name
Address. r/o Curtis B. Sanders, Sherman & Howard L.L.C., 320 West Main Street, Aspen, Colorado 81611
Phone 4 (970) 300-0114
Name
Address 320 West Main Street. Aspen, Colorado 81611
Phone#: (970) 300-0114
TYPE OF APPLICATION: (please check all that apply):
GMQS Esenotic.
GMQS Allotment
Special Review
F�
USA - 8040 Greendine, Steam
Margin, Hallam Lake Bluff,
Mountain View Plane
F-1
Commercial Design Review
F1
Residential Design Variance
F
Conditional Use
E] Conceptual PUD
[] Final PUD (& PUD Amendment)
E) Subdivision
F� Subdivision Exemption (includes
conclomini,anication)
E] Lot Split
F Lot Line Adjustment
Vacant land. The Property is not subject to any existing land use approvals.
[] Temporary Use
E] TextfMap Amendment
L] Conceptual SPA
E] Final SPA (& SPA Amendment)
Small Lodge Conversdow Expansion
Other:
Applicant proposes obtaining a GMQS Allotment for Lot I mid for Lot 2, and City approval of the right to satisfy applicald
affordable housing artigatuar requitisments, either with cash-m-li., or Ceiniticates ofAffloodable Housing Credits.
IMM
Have you attached the following? FEES DUE: $4 _22i.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
Ali 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 RE15673787 I
%W P609
IX.a ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
Nmrc CCI Lot 3, LL
Location Range, Station Lot 3, T.B.D., Eighth Sireet, Aspen, Colorado 81611
(Indicate street address, lot & block number legal description where appropriate)
Pmccl ID # (REQUIRE D) 273512428003
Name — — - 1
Address c/o Curtis B. Sanders, Sherman & Howard LL.C, 320 West Main Street, Aspen, Colorado 81611
Phone #- (970) 300-011
Name
Address 320 West Main Street, Aspen, Colorado 8 1611
Phone # (970) 300-0114
(please check
GMQS Exemption
EJ
Conceptual PUD
D
Temporary Use
GMQS Allotment
0
Final PUD (& PUD Amendment)
E
Text/Map Amendment
Special Review
L]
Subdivision
[I
Conceptual SPA
ESA - 8040 Gineenline, Strearm
El
Subdivision Exemption (includes
El
Final SPA (e, SPA Amendment)
Margin, Hallam Take Bluff,
conclommormization)
Mountain View Plane
0
Small Lodge Conversion/ Expansion
LJ
Commercial Design Review
Lot Split
LJ
Other:
E
Residential Design Variance
E]
Lot Line Adjustment
LJ
Conditional Use
EXIS I ING CONDI I IONS: (description oluxisting buildings, uses, previous approvals, etc.)
Vacant land. The Preperty is not subicet to stry existing land use approvals,
Applicant Proposes obtaining a GMQS Allotment for Lot 3, and City approval of the right to satisf, applicable affordable housing
mitig.tior, requirements either with rash -in -lie. or Certificates efAff., dable Housing Credits.
Have you attached the following? FEES DUE: S4,225.00
Pre -Application Conference Summary
Atteciumnit,s], Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Z Response to Attachment 94, Submittal Requirements- Including Written Responses to Review Standards
El 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 test (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 3-13 model.
BUS RE/5673891 1
1� �W P61 0
IX.a
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Lots I 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 ]- 6,023 sE� 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:
____JsL/A Proposed:
N/A
Number of residential units: Existing:
Proposed:
One_L_Jper Lot
Number of bedroorns: Existing:
0 Proposed:
N/A
Proposed % of demolition (Historic properties orrily)
__N/A
DIMENSIONS:
Floor Area (Lot 1): Existing: 0 -_
—6
Allowable: 3,240
Proposed:
N/A
Floor Area (Lot 2): Existing:
Allowable: 3 _240
Proposed:
N/A
Principal bldg. height: Existing: N/A
_N/A
Allowable: — 25' Proposed: N/A
Access. bldg. height: Existing:
Allowable: 25' Proposed:
N/A
On -Site parking: Existing: 3�MA
Required:
Proposed:
_N/A
• Site coverage: Existing: N/A
Required:
Proposed:
FLA
• Open Space: Existing: N/A
Required:
Proposed:
N/A
Front Setback: Existing: NIA
Required:
Proposed:
N/A
Rear Setback: Existing: N/A
_K/A
Required:
Proposed:
N/A
Combined FfR: Existing:
Required:
Proposed:
N/A
Side Setback: Existing: N/A
_1S/A
Required:
Proposed:
N/A
Side Setback: Existing:
Required:
Proposed:
_N/A
Combined Sides: Existing: R/A
Required:
Proposed:
_N/A
Distance B/W Bldgs: Existing: _N/A
Required:
Proposed:
N/A
* Per 0i1v of Aspen Land Use Code.
Existing non -conformities or encroachments: None
Variations requested:
BUSRE15673822,1
1%W
'"W
P611
IX.a
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Lot 3, Ranger Station
Applicant: CC[ 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 wits: Existing:
0 Proposed:
Number of bedrooms: Existing:
0 Proposed:
N/A
Proposed % of demolition (Ifistoric properties
only) _N/A
DIMENSIONS:
Floor Area: Existing: 0
Allowable: 3 �240
Proposed:
NIA
Principal bldg. height: Existing: N/A
_K/A
Allowable: 25'
__2T
Proposed:
N/A
Access. bldg. height: Existing:
Allowable
Proposed:
N/A
On -Site parking: Existing: N/A
Required:
Proposed:
N/A
* Site coverage: Existing: —AL/A
Required:
Proposed:
N/A
* Open Space: Existing: N/A
_K/A
Required:
Proposed:
N/A
Front Setback: Existing:
Required:
Proposed:
_TT/A
Rear Setback: Existing: N/A
_N/A
Required:
Proposed:
N/A
Combined F/R: Existing:
Required:
Proposed:
N/A
Side Setback: Existing: WA
_bVA
Required:
Proposed:
IN/A
Side Setback: Existing:
Required:
Proposed:
__K/A
Courbined Sides: Existing: N/A
Required:
Proposed:
N/—A
Distance B/W Bldgs: Existing: N/A
Required:
Proposed:
_xUA
* Pe, City ofAvpen Land U,, Code
Existing non-confournitics or encroachments:
None.
Variations requested: None.
BUS RE/5673896.1
%W, "W P612
Forest Service Lots 1 and 2 Vicinty Map IX.a
M.. T�
A�.
z
P�
June 18, 2015 1:9,028
0 O�075 0.15 0.3 n
Aspen i .
a 0.1 DI 04 k�
�Pes Evi HEOE DOWM� �MT� -1 P COP
�XO. US� FACi, NN NRCM Ge�� �G. .., N�
�, � I.. Et E. C. (HOM —91, �l
ual� I�rO..P .1b.. ..l. M.— C-11
a P613
IX.a CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 970.429.2759 DATE: 5128/15
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 Recorders offiGe
(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 ran 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 avorovals being combined fo
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)eni)itkin.com/Departments/Community-Development/Planning-and-Zoning/
ASLU
GMQS
Lot a 1, 2 & 3, Ranger Station Sub.
BUS R056691n.1
IWF P614
IX.a
Follow link below
to view the City of Aspen Land Use Code
httl2://www.aspenl)itkin.com/Departments/Community-Development/Planninci-and-ZoninqrFitle-26-
Land-Use-Code/
Land Use Code Sectiori
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:
LI Completed Land Use Application and signed fee agreement.
El Pre -application Conference Summary (this document).
El 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 affectirg the parcel, and demonstrating the owner's right to apply for the
Development Application.
[I 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.
El HOA Compliance form (Attached)
El 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
11W N404 P615
Ma 0 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.
Ll Written responses to all review criteria.
L3 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
El 11 Complete Copy. If the copy is deemed complete by staff, the following items will
then need to be submitted:
[1 2 Copies of the complete application packet and, if applicable, associated drawings. Number
of copies correlates to referral agencies and review boards.
El Total deposit for review of the application.
El A digital copy of the application provided in pdf file format.
El 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.
BUSRE15669153A
r..
P616
Ma
ASLU
GMQS
Lot s 1, 2 & 3, Ranger Station Sub.
BUS_RE/5669153.1
RECORDER'S NOTE'
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IX.a
RANGER STATION SUBDIVISION
TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M.
SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE
pITKrN COUNTY, COLORADO
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SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE
PITKIN COUNTY, COLORADO
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WITHIN PORTIONS OF BLOCK 9 OF THE ASPEN TOWNSME, COUNTY OF PLTKIN, STATE OF COLORADO
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IX.a
TO:
Jennifer Phelan, Community Development Department
FROM:
APCIIA Board of Directors
THRU:
Mike Kosdivsky, 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 I 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 26.3 12.050, as stated below:
A detached single-family dwelling and customary accessory buildings may be
developed on a lot of record if.
1. The lot ol' record is in separate ownership and not contiguous to lots in the
some ownership; and
2. The proposed single family dwelling can be located on the lot so that the yard,
height, open space andfloor area dimensional requirements of the zone
Redevelopment of Lots 1, 2 & 3 - Ranger Station Subdivision page I
%W Nkol P623
IX.a
district can be met or a variance is obtained ftom 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. L3) are as follows:
I ) 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 subgrable, pursuant to Chapter 26.520;
3) Providing an off-sitc affordable housing unit within the Aspen linfill Area accepted by the
Asperi County Housing Authority add 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, conrounsurate 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 Sturvey 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 minimmar 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 Leta, 1, 2 & 3 -Ranger Soften Subdivision Pbge 2
low ...W P624
IX.a
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 $254n320 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 open
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
Ali Floor Area Required � 400 = Full Time Equivalent Employees ("FTE's")
FTE's X Category 4 Cash -in -Lieu Rate — Total Amount Due
The mount 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-tieu 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
"'fte *4W 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 shalt result in the forfeiture of said vested property rights.
The APCHA Board reviewed and approved the following
recommendation:
• The calculation of the mitigation requirement shall be determined by [he Community
Development Deparmi
• 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 S, 3 -Rarger Stair on Subdivision Page 4
*W1 '..e
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
/ o� 3 4, �,-- J�ha, ';1hlikZ51 , "A Aspen, CO
SCHEDULED PUBLIC HEARING DATE: P —
20-L��
STATE OF COLORADO I
County of Piddn
1, Lib'i (name, please print)
rado, hereby personally
being or representing an Applicant to the City of Aspen, Colo
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 die 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 ofthe publication is attached hereto.
-4 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 fifteeo 5) days prior to the public hearing
on the L/Aday of p�� 20L, 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 ofthe 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 ofpublic notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on nextpage)
*M01 *A10
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 Pitldn County. At a minimum, Subdivisions, PI)s that create more
than one lot and new Planned Developments me subject to this notice
requirement.
Rezoning or text amendment. Whenever the official zoning district map is in my
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 times 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 acluiowledged before me day
,20 -, by (!UATfS
of &eFrl�xa �15 W.
WITNESS My HAND AND OFFICIAL SEAL
WVA A. CHMTM y ssion expires:
WTARV PUSIM
11TATE OF OOLORADO
NWARY 0 19984031210
1W emonew ZaL' 9J.
Notary Public
ATTACHMENTS AS APPLICABLE:
COPYOFTHEPUBLIC47TON
PHOTOGRAPH OF THE POSTED NO TICE (SIGA)
LIST OF THE 0 WAFERS AAD Go VERIVMENTAL A GENCIES NOTICED
BYM41L
APPLICANT CERTIFICA TION OF MINERAL ESTA TE 0 WMERS NOTICE
AS REQUIRED BY CR.S. §24-65.5-103.3
V%NW ftof
Pitkin County Mailing List of 300 Feet Radius
From Parcel: 273612428002 on 09/1112015
"""IN
COU N rf 111�
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:
Pftkin 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 fist. 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.
http1Avww.pltkinmapsandmore.com
VAW
WANO
GOLDRICH MELINDA REV MUST
US W NORTH ST
ASPEN, DO 81611
CROSSROADS CHURCH OF ASPEN
n6 W FRANCIS ST
ASPEN, GO 81611
HERNIAN LLOYD
320 N 7TH ST
ASPEN, GO 81611
FATHER DENNIS F MUST
1577 SPRING HILL RD # 5W
VIENNA, VA M182
POWELL WILLIAM EUGENE MUST WI 992
11 LYNN SATTS UN #10
SAN ANTONIO, U 78218
BOOM OM RES MUST
1�1 BELI-AGIO RD
LOS ANGELES, CA W077
5 STRING LLC
PO BOX 1709
GATUNBURG, TN 3�38
T AND J LLC
327 SNUG HARBOR RD
NENVPORT BEACH, CA 92W3
SIMMONS W JUNE MUST
4128 RHODES A�
STUDIO CIW, CA 91�
817 WEST NORTH STREET U-0
26,12 EMMA RD
BASALT, GO 81621
BIXBY NINA
4128 RHODES AVE
STUDIO CITY, CA 916N
SCHWAB ROBERT AND LOUISE FAWLY MU
� WEST SMUGGLER STREET LIUC
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M89 W U AVE
LOS ANGELES, CA W024
DENVER, CO 80M
OK SMUGGLER LLC
735 W SMUGGLER ST
ASPEN, GO 81611
METCALF F MEAD REV MUST
PO BOX 32
ASPEN, GO 81612
COHEN SANDRA REV TRUST
901 W FRANCIS ST
ASPEN, GO 81611
PARELMAN ALLEN G REV MUST
734WSMUGGUER
ASPEN, CO 81611
CITYOFASPEN
FRANCIS STREET CONDO ASSOC
I N S GALENA ST
COMMON AREA
ASPEN, CO 81611
733 W FRANCIS ST
ASPEN, CO 81611
FRANCIS S�ET TOWNHOMES CONDO A&'
LBH CONDO ASSOC
COMMONAREA
COMMON AREA
901 W FRANCIS ST
521 N S�NTH 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
NEVI ORLEANS, I -A 701306�3
SMUGGLER LLC
10" OLIVE ST
DENIVER, GO 80�0
COLGATE RMEMARY WILLIAMSON MUST
422 ESTANTE M
LOS Al-AMOS NM 87�
COHEN ANTHONY H REV MUST
Wl W FRANCIS ST
ASPEN. GO 81611
BECKLEY JOHN W & MARY ANN P
16818 FALLS RD
UPPERCO, MD 21155
TREEHOUSE CONDO ASSOC
COMMONAREA
S22WSMUGGLERST
ASEPN, GO 81611
MEADOW WATCH CONDO ASSOC
COMMONAREA
WSMUGGLER
ASPEN CO 81611
CCI LOT 3 LLC
813 BONITA DR
ASPEN CO 81611
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ASPEN DRAGONFLY PARTNERS III LLC
601 E HYMAN AVE
ASPEN, CO 81611
NCTAMANEY ROBERT A III 2012 FAMILY ML
KUKIO 732124 LAE KIKAUA MAUKA ST
KAILUA KONA, HI 96740
TALENFELD ELIZABETH G
915 W FRANCIS ST
ASPEN, CO 81611
SCHUHMACHER ASPEN PARTNERSHIP NO 11
W5 N 8TH ST
ASPEN, CO 81611
ASPEN DRAGONFLY PARTNERS N LLC
601 E HYMAN AVE
ASPEN, CO 81611
FOREST SERVICE ASPEN HEADQUARTERS
UNITED STATES FOREST SERVICE
SAXON FAMILY DELTA TRUST
66T S EVANSTON CIR
TULSA.OK 741M
BAIRD STEPHEN W & SUSAN MERRITT TRUE.
120 S LASALLE ST
CHICAGO, IL 60603
MORRIS JOHN 8 JR
PO BOX 9991
ASPEN, CO 81612
SAXON BRUCE CHARLES
W77 S EVANSTON CIR
TULSA,OK 741M
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Lots /�,( Z /Zgi�=f Aspen,CO
SCHEDULED PUBLIC HEARING DATE:
20_L�
STATE OF COLORADO
as.
County of Pitkin
1, 0-- 4-4 5 &�,,/Iy-� (narne, 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 ofthe publication is attached hereto.
Posting of notice: By posting of notice, which to= was obtained fi�orn 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
onthe&A�xlayof 201,��to and including the date and time
of the public hearing- A photograph ofthe 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
pmpaid 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 thim sixty (60) days prior to the date of the public hearing. A
copy ofthe owners andgovernmental 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 ofpublic notification and
a copy of any documentation that waspresented to thepublic is attached hereto.
(continued on nextioage)
*00
MA
Mineral Estate Owner Notice. By the cerfified 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 Courity. At a minimurn, 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 arnendments.
Signatuiri
The f AffildaVI't of Notice" was acknowledged day
of =Mmu 20 J,� by 1AR5
I
WITNESS MY HAND AND OFFICIAL SEAL
UNDA A. CWWrRA
NOTARY PUBLIC
STATE OF COLORADO
My mission expires:
NOTARY 0 19984031215
W �SM EXPM ilInt
94. okuleitl-�
�&
Notary Public
ATTACHMENTS AS APPLICABLE:
• COPYOFIREPUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGA)
• LIST OF THE 0 WAERS AND GO VERAMENTAL A GENCIES N077CED
BYMAIL
• APPLICANT CER TIFICA TION OF MINERAL ESTA TE 0 WNERS NO TICE
AS REQUIRED BY C. R.S. §24-65.5-103.3
Al
4
PUBLIC
Date:
Time:
NOTICE
September28.2015
5:oo Pm
Place:
city Council
Chambers.
City HaIL 130
S. Galena
St
Purpose:
M X
Aspen City
Council will
consider
an
application
submitted by
Tj
J,
%W �.W
Pitkin County Mailing List of 300 Feet Radius
From Parcel: 273512428002 on 0911112015
"""IN
COUNTI�
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 pag�." 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 my change. Mineral
estate ownership is not included in this mailing list. Prtkin County
does not maintain a database of mineral estate owners.
Min 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 $Re.
http�//�.Ditkinmapsandmore.wm
%W
400
GOLDMCH MELINDA REV MUST
T AND J LLC
817 �ST NORTH STREET LLC
825 W NORTH ST
327 SNUG HARBOR RD
2542EMMARD
ASPEN, GO 81611
NE,NPORT BEACH, CA 92663
RASALT,CO 81621
CROSSROADS CHURCH OF ASPEN
SIMMONS W JUNE MUST
BU(BY NINA
n6 W FRANCIS ST
4128 RHODES AW
4128 RHODES AVE
ASPEN, GO 81611
STUDIO CITY, CA 916N
STUDIO CITY CA 916N
HERMAN LLOYD
SCHWAB ROBERT AMID LOUISE FAMILY MU
949 WEST SMUGGLER STREET LLC
320 N � ST
10W WILSHIRE BLVD =50
WIDW62AVE
ASPEN, CO 81611
LOS ANGELES. CA W024
DEINVER. GO 8MI
RATNER DENNIS F MUST
OK SMUGGLER LLC
SMUGGLER LLC
15n SPRING HILL RD # 5W
735WSMUGGLERST
I � OLVE ST
VIENNA, VA UlK
ASPEN, GO 81611
DENVER, GO W=
POWMILL WILLIAM EUGENE TRUST W1992
METCALF F MEAD REV MUST
COLGATE ROSEMARY WILLIAMSON MUST
11 LYNN BATTS LN #100
RD BOX 32
422 ESTANTE %NY
SANANTONIO,TK 78218
ASPEN, GO 81612
LOS ALAMOS. NM 87�
BOOM OTIS RES MUST
COHEN SANDRA REV MUST
COHEN ANTHONY H REV MUST
11N131 BELLAGIO RD
N1 W FRANCIS ST
WI W FRANCIS S7
LOS ANGEI-ES, CA XOn
ASPEN, GO 81611
ASPEN, GO 81611
5 STRING LLC
PARELMAN ALLEN G REV TRUST
BECKLEY JOHN W & MARY ANN P
PO BOX 1709
734WSMUGGLER
16818 FALLS RD
GATLJNBURG,TlN 3nW
ASPEN, CO 81611
UPPERCO, MID 211M
CITY OF ASPEN
FRANCIS STREET CONDO ASSOC
TREEHOUSE CONDO ASSOC
130 S GALENA ST
COMMONAREA
COMMON AREA
ASPEN. CO 81611
7nWFRANC]SST
822WSMUGGLERST
ASPEN, GO 81611
ASEPIN, GO 81611
FRANCIS STREEFTOMHOMES CONDO AS!
LSH CONDO ASSOC
MEADOW WATCH CONDO ASSOC
COMMONAREA
COMMON AREA
COMMON AREA
Wl W FRANCIS ST
521 N SEVENTH ST
WSMUGGI-ER
ASPEN, 00 81611
ASPEN,C0 81611
ASPEN, CO 81611
MG DUPLEX LLC
ST GEORGE INVESTMENTS LLC
CCI LOT 3 LLC
825 W NORTH ST
601 POYDRNS STE 2625
813 BONITA DR
ASPEN,C0 81611
NEVV ORLEMS, I -A 701306W
ASPEN, GO 81611
y
ASPEN DRAGONFLY PARTNERS III LLC
601 E HYMAN AVE
ASPEN, GO 81611
MCTAMANEY ROBERT A 1112012 FAMILY TRL
KUKIO 72124 IAE KIKAUA MAU" ST
KAILUA KONA, HI 96740
TALENFELD ELIZABETH G
915 W FRANCIS ST
ASPEN, CO 81611
SCHUHMACHER ASPEN PARTNERSHIP NO II
565 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
55T SEVANSTON CIR
TULSA, OK 74136
BAIRD STEPHEN W S SUSAN MERRITT TRUE
120 S LASALLE ST
CHICAGO, IL B0603
MORRIS JOHN S JR
PO BOX 8991
ASPEN. CO 81612
SAXON BRUCE CHARLES
65] SEVANSTON GIR
TULSA, OK 741M
%e me
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Z-04" /,A, a'A 3 �Abl� Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
Sri? -.2 5? 1201.5'-
STATE OF COLORADO
ss.
County of Pitkin
I, & (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 warmer:
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 1 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 times 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 ofpublic notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
I*-, 1%0�
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that
create more than one lot, now 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 my
way to be changed or mended 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 trea 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 mendments.
§i�nature
The foregoing "Affidavit of Notice" was kn wledged before me this, �21A
of 161t+o ALIoll- 20 U5, by day
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notar� Public
ATTACHMENTS AS APPLICABLE: Emyc--7
(SIGN)
VTALAGENCIES NOTICED
4L ESTAE OWNERS NOTICE
N.0e %we
Reitular Meetine Aspen City Council Au2ust 24, 201
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 #3 1, Series of 2015; seconded by Councilwoman Mullins.
Ali 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 #3 1, Series of 2015 on first reading; seconded by
Councilman Daily. Roll call vote. Councitmembers Frisch, yes; Myron, 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 Hallani, 7� and g1h 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 allourients. 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"'.
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
%W �%o
Reeialar Meetine Aspen City Council Au2ust 24, 201
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 I 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 433, Series of 2015; seconded by Councilman Myrin. Ali 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, PITICIN COUNTY, COLORA DO
Councilman Myrin moved to adopt Ordinance #33, Series of 2015 on first reading; seconded by
Councitnum Frisch. Roll call vote. Councilmembcrs 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'�. The proposed code amendment would clarite 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. Forriell about the cash in lieu mounts. Ms. Garrow
said it is not in the scope of this amendment. Cash in lieu amounts we 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
Peta'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 mount 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 bowing for
a wide variety of categories. Are we solely focused on a demand problem. It is important for APCIIA 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 reconumended 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
%W1
O-A
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, I " Readim! of Ordinance Nos. 32 & 33
(Series of 2015)
MEETING
DATE: August 24, 2015
APPLICANT /OWNER:
St George Investments, LLC (owner of
Lots I & 2) and CCI Lot 3, LUC (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 me requesting three
development allotments for Lots 1, 2
and 3, the abilitv 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 matimade.
PD
Min
RAA F
- — --------
PD 1
Vicinity/zone district map of the site
Now 1�� 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
mamade and should not be deducted when calculating Floor Are 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-m-lieu or Affordable
Housing Credits, determined that any steep slopes present on the property were marmade and
therefore not deducted from gross lot area, and provided vested rights for three years.
BACKGROUND:
The United States Forest Service (USES) 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 mid the USES came into ownership of the subject property in
1940. In 2012 USES 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, 201i, the United States Forest Service (USES) 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 live
separate lots from the federal agency's property that is
bounded by N. Fight 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 USES
and to potential buyers of the property that the city would
not object to the subdivision of the property, although the
Figure I A portion of the Aspen Townsite Plat, 1880
IX.b
14W 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
PROJECI SUMMARV:
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 my 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 marimade, similar to the determination made for Lots 4 and 5
Land use reviews;
Growth Management Review for Affordable Honsinz:
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 Trainers Lauding (Barbee PUD) near
Page 3 of 6
,%W %W 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) bee 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-resaicted 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 Single -Family Residence (based on current fee schedule)
Mitigation required for a lot without a
elopment Allotment
Maximum
AH Mitigation
FrE
Payment -in -
Floor Areal
(30% of
Convenion
lieu for FrEs
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
WO V4.99
Lot 2
3,242 sq
973 sq. ft.
2.43 FTEs
1 $350:874.99
Lot 3
3,242 sq ft
973 sq ft
2 43 FTEs
1 $350,974,99
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 Councilfor Lots 4 and 5.
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 lot is a single-fitmily residence The three lots contain
The area ofthe alleN, approximately 600 sq ft , has been deducted from each lot in calculating Floor Area
The area of steeps slopes has not been deducted from lot soe, ,th the assumption that the slopes are manmade
Page 4 of 6
%%W 'we 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 I or 2 but are on Lot 3. The Si Johnson Ditch runs through part of Lot 3.
Figure 3 Lots 1, 2 and 3 with topograph
X�
7
F7-t I I
Lot 3
7,
-7
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. ff per lot and similar to what was previously required of Lots 4 and S 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 =e when calculating Nel
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 andfor Council to determine that the steep slopes are mannuide.
Page 5 of 6
NW *40 P229
IX.b
REFERRAL AGENCY COMMENTS:
The housing authority has been referred on this application, and the frinnal 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 permutted). The Applicants have requested the
ability to pay a fee-m-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 me
manmade, as �as detertmined 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: A move to approve Ordinance No -- (Series of 2015)
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHTBITA- Growth Management Review Criteria
Exuau i B— Staff Development Summary
EXHIBITC- Application
Page 6 of 6
%� %W 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
I 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 firom the general public, and a
recommendation from the Community Development Dircctor� 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:
0,d�mnce No 32, Series 2015
Page I of 3
%W Ifte P231
IX.b
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the
"Code'), Citv Council hereby grants approval of two residential development allotments, one
each for Lots I 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-m-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 tots at the time of building application
B. Lot I 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 Rielit
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, my failure to abide
by my 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 rim 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: Severabili
If my section, subsection, sentence, clause, phrase, or portion of this ordinance is for my 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, Seoes 2015
Page 2 of 3
'we P232
IX.b
Section 4: Existing Litigation
This ordinance shall not affect my existing litigation and shall not operate as an abatement of my
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: Approval
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 hewing on this ordinance shall be held on the 28"' day of September, 2015, at a meeting of
the Aspen City Council commencing at 4 00 p in in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hewing 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 Steven Skadron, Mayor
Approved as to form:
James R. True, City Attorney
Ordinance No 32, Series 2015
Page 3 of 3
%W low P233
ORDINANCE NO. 33
(SERIES OF 2015)
VA-1
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 LUC and CCI Lot 3, LUC 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 hearmg� 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 Cttv 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 I of 3
100� 1.W1 P234
IX.b
Section 1: Approval
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-m-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 mount
of mitigation currently required for each lot is calculated as follows, based on subsection
26470 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 FFTEs")
FTES * Category 4 Cash-m-Lieu Rate — Total Amount Due
The amount of mitigation required, via a Certificate or cash-m-licu, 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-m-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 Right
The development approvals gramed 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 my 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 rcviev� of the giant 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: Severabilitv
If my section, subsection, sentence, clause, phrase, or portion of this ordinance is for my 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
Or&rance No 33, Series 2015
P�ge 2 of 3
11111110 '111011, P235
Section 4: Existing Liti2ation
This ordinance shall not affect my existing litigation and shall not operate as an abatement of any
action or proceeding now pending trader 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 Hearin
A public hearing on this ordinance shall be held on the 28'n 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 Skinfron, Mayor
FINALLY, adopted, passed and approved this ---- day of ---, 2015.
Attest:
Linda Manning, City Clerk Steven Skadron, Mayor
Approved as to form:
James R. True, City Attorney
Ordinance No 33, Series 2015
Page 3 of 3
IX.b
1� 1�0 P236
Exhibit A
IX.b 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
fi, 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 stde" unit, according to the provisions
of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify.
Staff Findings: Each lot can be developed unh a single-family residence. Thefolloating table
provides the floor area mitigation required based on a single family residence rvith a
conversation to Full Time Equivalents (FTEs) and a corresponding cash-m-heu payment
Mitigation required for a lot without a
D elopment Atlotment
Maximum
AH Mitigation
F]rE
Payment -in -
Floor Area'
(30% of
Conversion
lieu for PrEs
Maximurn
(AH Mitigation
(FTEs x
Floor Arm)
/400)
Category 4
Cash -in -lieu,
$144,393)
Lot 1
3,243 sq. ft
it Is' ft
7
T
24 F Es
3 17499
":8
Lot 2
3, sq
973 sq! ft
2 413 FTE
1 $350 74 9
Lot 3
3,242 sq, ft 2
973 sq ft.
1 2 43 FTEs
1 $350,87499
The intent of the mitigation requirement is a physical 'for sale " affordable housing unit. The
lots cannot accommodate an additional chvelling based upon the lot se:e requirements, other
mitigation options include providing an off -sue unit or extinguishing AHCs. The Applicants
are proposingforoviding mitigation via apayment-in-lieu or via Affordable Housing Credits.
Stif
if supports the use of a cash payment or credits as requested as it provides an allowed
form of affordable housing mitigation andfinds the criterion met.
'The area of the a] ley, approximately 600 sq ft, has been deducted from each lot in calculating Floor Area
I The area of steeps slopes has not been deducted from lot size, with the assumption that the slopes are reammade
%W 14111110 P237
Exhibit A
Growth Management Review Criteria Mb
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 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-m-lieu payment shall require City Council
approval, pursuant to Paragraph 26.470 0903, 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-heu or credits be
acceptedfor both lots by city council. Both are perminedfornis of mitigation. Stafffinds 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 he
acceptedfor both lots bly cn�v 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 of nonprofit organization, if a legal instrument in a form acceptable to the
City Attorney ensures permanent affordability of the units The City encourages
I%W INW P238
Exhibit A
IX.b 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-terin 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-m-hert or credits he
acceptedfor 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 owrier 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. Stafffinds 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-m-heu 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 tile 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.
StafFindings: With the se:e 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 potenlialfor a
buy down and is concerned over the increased cost compared to a cash-m-heu parvitient or
the use of credits.
c. The proposal furthers affordable housing goals, and the cash-m-lieu payment will result
in the near -term production of affordable housing units. A recommendation from the
Aspen/flitkin County Housing Authority shall be considered for this standard.
StafFindings: Accepting a cash payment -in -lieu is a permitted way loprovide 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
recommendationfrom APCHA w ill be provided at second reading.
%W 14"W P239
Exhibit A
Growth Management Review Criteria IX.b
The City Council may accept any percentage of a project's total affordable housing mitigation to
be provided through a cash-m-lieu payment, including all or none. Unless otherwise required by
this Title, the provision of affordable housing via a cash-m-lieu payment for a fraction of a
dwelling unit shall not require City Council approval
M
P240
IX.b
SHERMAN6HOWARD
320 West Main Strest, Aspan, call 81611-1557
Telephone 970,925.6300 Fax 970 925 1181 �aharnnanhaward man
Curtis B. Sandons
Shaman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-cmail: �andem@shemanhoward.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 GNIQS 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 "Sull Proper ")
Dear Ms. Phelan
The undersigned represents CCI Lot 3, LLC , a Colorado limited liability company
("Applica ') 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-m-lieu or Certificates of Affordable Housing Credits.
1. Introduction. As noted immediately above, this application (the "Applicatho ')
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-m-heu 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 lui
BUS-RiD5675571) 1
Nal %we 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 470110
Growth management review proceclures� and
(8) LUC Section 26 710,040
Medium Density Residential (R-6).
b. Additional ADWication 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 Pori
(4) Exhibit 4�
Vicinity Map;
(5) Exhibit 5:
Current Improvement Survey of the Subject Propertv�
(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 Sub'ect Property As depicted on the "Ranger Station Subdivision"
Survey Plat recorded May 22, 2013 in Plat Book 103 at Page I (the "Survey PI "), 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
Fhe 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, 1, K, L, M, N, 0, P, Q, R, and S of Block 9, and
Lots A, B, C, D, E, F, G, H, I, M, N, 0, P, Q, R, and S of Block 10 of the
Toorisite 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
Streetsand also thatpart ofthealley in said Block 10 lying between Lots C, D, E,
F, G. H and I on the north thereof and M, N, 0, P, Q, R, and S on the South in
said Block 10,
BUSRU5675570,1
%%e P242
K411 .1
By confirmation quitclaim deed recorded May 20, 1940 in Book 157 at Page 633, Pitkin
County, Colorado, Charles F. Gairlington 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. 193T
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 6,619squarc 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 S,
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 legah�v described parcel prior toVoyember 14, 1977, that comphes with the
provisions ol'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)(to - 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 Ll JC 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 RU56755701
�w *110e P243
IX.b
3. LUC Review Requirements.
a. LUC Section 26.304 - Common Deyclopment 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
26304.020. 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 Manaeement 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.B
provides that "[A]ll development apiahcationsfor growth management review shall comply with
thefollon ing standards " The Applicant confirms its compliance with the general requirements
of LUC Section 26 470,050 B as follows
(1) Standard I . Stifficient 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 Paiagraph 26470.090.1 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 ofMill 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 ofthe nearby United States Forest Service
4
BUS-RE/5675570.1
*ftw "We P244
IX.b
headquarters facility, - nerally consists of single family housing. The Subject Property is not
� c
subject to any adopted regulatory master plan
(3) Standard 3 The development conforms to the requirements and limitations of the fone
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 voth 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 "Untless otherwise specified in this Chapter, sixty percent (60%) of the
emplovees 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 Catego" 4 rate as defined in the AspenlPitkin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. tran applicant chooses to use a Cernficate qf
Affordable Housing Credit as mitigation, pursuant to Chapter 26540, such Certificate shall be
extinguished pursuant to Chapter 26 540.90 Criteria for Administralive 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-fieu, or (2) Certificates of Affordable Housing
Credits, instead of through the provision of affordable housing.
(6)Standard6. "Affordable housing net fivable area, for which the.finishedfloor level is
at or above natural orfinished grade, whichever is higher, shall be provided in an amount equal
to at least clurtip percent (300%) qf the additional ftee-market residential net livable area, for
it hich the finished floor level is at or above natural or finished grade, whichever is higher.
Affordable housing shall be approvea(pursuant to Paragraph 26470.070.4,Affordable housing,
and be restricted to a Category 4 rate as defined in the Aspen/Pakin Count ' V Housing Authority
Guidelines, as amended An applicant may choose to provide mitigation units at a lower
category designation. Af
.fordable housing units that are being provided absent a requirement
("volunla� units') mav be deed -restricted at any level of af
fordabilov, including residential
occupied. If an applicant chooses to we a Certificate of Affordable Housing Credit as
mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant ro
Chapter 26540.90 Criteria for Administrative Extinguishment of the Certificate, utilifing the
calculations in Section 26470.100Employee.Square Footage Conversion -
BUS-R[RI5675570 1
%W sMV 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. ( I ) 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 dentand 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,
energ,t and communication utilities, drainage control, fire and police protection, sohd waste
disposal, parking androad 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 CitN 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 entirely 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 (3091) of the additional floor
area is affordable housing deed -restricted in accordance with the AspeulPakm County Housing
Authority Guidelines, shall be approved, approved wah conditions or denied by the Planning
and Zoning Commission based on thefollowing 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
Categoty 4 'for sale" unit, according to the provisions of the AspenlPakin County Affordable
Housing Guidelines, shall qualify. "
Applicant's proposed development with respect to the Lot shall consist of one (1) firee-
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
MAxinturn Allowable Floor
Required Affordable
A
Area
Area (per LUC Section
Housing Mitigation (30%
26.710.040)
of Max. Floor Area)
6,619 s f,
6,019 s f
3,240 sT
972 a 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 Housina. 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
BUSRD5675570 1
%ow �w P246
IX.b
that affordable housing mitigation shall be in the form of actually newly built units or buy -down
units, or by Certificauds) of Affordable Housing Credits by approval of the Community
Development Department Director, or by cash-in-licu, 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 FIT'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 sT.
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
cse;h-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 Reauired Affordable Housine
Via a Cash in Lieu Pavment 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 (I ) 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-tieu, 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 offordable housing) is impractical given the physical at- 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 It 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 goodfaith effort in pursuit of
providing the required affordable housing off site through construction of new divelling units or
the deed restriction of existing dwelling units to affordable housing status '
Amolicant'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
BUSRD5675570 1
%No *40 P247
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 brov-down of off -site affordable housing in connection with its development of the
Lots.
(3) Standard 3: "The proposal.larthers affordable housing goals. and the cash -in -lieu
payment will result in the near -term production of affordable housing units. A recommendation
ftom the AspeWPakin County Housing.4uthoritv shall be consideredfor 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-m-lieu fees, together with its methodology for
determining the appropriate amount of cash-m-lieu fees in connection with development in the
City oi 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-fieu payment, including all or
none. Unless othenvise 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-m-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-m-lieu or Certificates of
Affordable Housing Credits.
Sincerely,
( 3
_ (t �__
Curtis B. Sanders
Eric.
cc CCI Lot 3, LLC
X417
BUS RP56755701
"'W", "W P248
IX.b
SHERMAN&HOWARD
320 West Main Str�t, Ast,an, Colone"' 81611-1557
Taiaph.ni, 970 925,6300 Fa. 970 925 1181 �.sherrnarhc,aard com
Curtis B. Sanders
Sherman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-rnail: mandem@shemanhoward.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 I 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 "Subiect Proper
Dear Ms. Phelan
The undersigned represents St. George Investments LL C , a Louisiana limited liability
company ("Applica ") 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-licu or Certificates of Affordable Housing Credits.
I.Introduction. As noted immediately above, this application (the -Application')
seeks. (1) GMQS Allotment approval for each of the Applicant's Lots for one single-fmily,
Residential Free -Market Unit on each Uot� 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 CitV of Aspen Land Use Code ("LLJC") -nis
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%)
afficrdable�
BUS RU5680136.1
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 I
Land Use Application, Dimensional Requirements Form, and
Homeowriers Association Compliance Forrn�
(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 T
Authorization for Curtis B. Sanders to represent the Applicant;
and
(8) Exhibit 8:
Agreement to Pay.
2. Description of Subaect Property As depicted on the "Rariger Station Subdivision"
Survey Plat recorded May 22, 2013 in Plat Book 103 at Page I (the "Survey P1 "), the Subject
Property is comprised oftwo legally -separate Lots, identified as "Lot I" 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 I and Lot 2 we 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, E K, L, NE N, 0, P, Q, R, and S of Block 9, and
Lots A, B, C, D, E, F, G, H, 1, M, N, 0, 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,
I%W 1.01 P250
IX.b
F, G, H and I on the north thereof and M, N, 0, 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 Cit� 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 I 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 I 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 I and Lot 2 is each a vacant lot
that ivas subdivided or was a legally describedparcelprior to Aovember 14, 1977. that complies
ivith the provisions of Subsection 26480.020.E, Aspen Ton nsite lots ' pursuant to LUC Section
26 470 060(2)(a)(3) - Administrative Applications As such, the Applicants 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 "ere 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 -16.470 070 (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
*40, N111111`4 P251
IX.b
3. LUC Review Requirements.
a. LUC Section 26.304 - Common Development Revicw 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
26.304020 The Applicant has submitted this Application and paid the applicable fees pursuant
to LUC Section 26 304.030. Pursuant to LUC Section 26 304r40 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.
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 Ott". 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 reguirements. LUC Section 26 470.050.B
provides that"[A]I/ development applicationsforgrowth management review shall coarrob, with
thefollou ing standards.' The Applicant confirms its compliance with the general requirements
of LUC Section 26 470.050 B as follows
(H Standard I Sufficient growth management allotments are available to accommodate
the proposed development, pursuant to Subsection 26470.030.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 ne proposed development is compatible with land uses in the
surrounding area, as well as with any applicable adopted regulatory masterplan.
Applicants Response: The Applicant's proposed development complies with the
provisions of the underlying R-6 Zone District which gencrallv 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 ofthe nearby United States Forest Service
I%W IWO 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 �one
district
AI)I)hcant's Response: The Applicant's proposed development complies "ith the
provisions of the underlying R-6 Zone District
(4) Standard 4 The proposed development is consistent wah the Conceptual Historic
Preservation Commission approval, the Conceptual Commercial Design Review approval and
the Planned Development — ProjectReview 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 26470.070.4. Affordable housing, at a Categon, 4 rate as defined in the Asperill'itkin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower categori 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 26540.90 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. -Affordiable housing net livable area, for it hich thefinishedfloor level is
at or above natural orfinished grade, whichever is higher, shall be provided in an amount equal
to at least thirtv percent (30%) of the additional ftee-market residential net livable area, for
which the finished floor level is at or above natural or finished grade, whichever is highe, .
Affordable homing shall be approved pursuant to Paragraph 26470.070.4,Affordable housing,
and be restricted to a Category 4 rate as defined in the Aspen/Pokin Count ' v Housing Authority
Guidelines. as amended. An applicant may choose to provide mitigation units at a lower
categor� designation. Affordable homing units that are being provided absent a requirement
("voluntary units') mav be deed -restricted at any level of affordability, including residential
occupied If an applicant chooses to we a Certificate of Affordable Housing Credit as
mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished purstiant to
Chapter 26540.90 Criteria for Administrative Extinguishment of the Certificate, making the
calculations in Section 16.470. 100 EinployeeSquare Footage Conversion.-
x%W 140 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-m-liew or (2) Certificates of Affordable Housing
Credits. instead of through the provision of affordable housing.
(7) Standard "The project represents minimal additional demand on public
infrastructure. or such additional demand is mitigated through improvement proposed as part of
the project. Public irdrastructure includes, but is not limited to. water supply. sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid 14 aste
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. LtJC 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
119. Residential development — sixty percent (60Y) affordable. The development of a
residential project or an addition of units to an existing residential project, in which a minimum
of sixty percent (6001) of the additional units and thirty percent (30y) of the additionalfloor
area is affordable housing deed -restricted in accordance with the AspenlPakin County Housing
Authority Guidelines, shall be approved, approved with conditions or denied by the Planning
and Zoning Commission based on thefollowing criteria: ... b. If the project consists of only one
(1) ftee-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
Calegon 4 'for sale" unit, according to the provisions of the AspenlPitkan 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:� s f
�2
2
t6tl �,! Lf'.
3,240 s f
972 s.f
Lot 2
6 6 I �.T
I
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�w P254
IX.b
iii. LUC Section 26.470.070(4) - Affordable Housine 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-clowri
units, or by Certificate(s) of Affordable Housing Credits by approval of the Community
Development Department Director, or by cash-m-licu, 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
equired 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.
143 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-m-lieu mount of $144,393 per FTE, the current cash-m-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 Rcouired Affordable Housing
Via a Cash in Lieu Pavment. In addition to the Applicant's right to satisfy the Subject
Property's affordable housing mitigation requirements via Certificates of Affordable Housing
Credits pursuarit 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 (I ) 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 I '-The provision of affordable housing on site (on the same site as the
project requiring such affordable housing) is imp, actical given the physical or legal parameters
of the development or of the site orivould be inconsistent ivith the characterofthe neighborhood
in which the project is being dereloped.-
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-familv 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
VAW %W P255
(2) Standard 2: "The applicant has made a reasonable good-fauh effort in pursuit of
providing the required affordable housing ifsite through construction of new dwelling units or
the deed restriction of existing dwelling units to affordable housing status '
Applicant's Response As noted above, bylaw the Applicant cannot provide on -site
affordable housing mitigation in connection with a development of either Lot Withrespeetto
providing off -site affordable house mitigation, according to comparable sales data provided by
licensed real estate broker Tim Eshn, 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 -hell
payment it ill result in the near -term production of affordable housing units. A recommendation
ftom the AspewPokin County HousingAuthorny shall be consideredfor 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-m-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 nuttgation to be provided through a cash-in-fieu 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-m-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.
Sincerely,
Curtis B. Sanders
cc� St. George Investments, L.L.C.
IX.b
N., Iftw P256
IX.b
ST. GEORGE INVESTMENTS, L.L.C.
601 Poyd� as Street, Suite 2625
Ne,, Odeans, Louisiana 70130
Tel. (304) 525-9017
Far: (504) 525-5607
Cell: (970) 948-4018
Email. ivducofe@1p#aeresa.cojn
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, LL.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 tile
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: esanders@sliermanhoward.com
BUS-RFJ566925i.1
%LV „ 0 P257
Please contact the undersigned with any questions.
m
BUS_R05669251.1
IX.b
1� I.W P258
IX.b
Exhibit A
(Legal Description ofPraperty)
Lot 1, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013 ill Plat
Book 103 at Page 1.
Also described as follows:
Beginning at the Northwest Comer of Block 9 of the Townsite and City of Aspen, nornmented
with a 3/4" dia. steel pipe with cap marked "T", thence S. 75005'24" 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. 1405015" 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. 14'50'1611 E. 10 feet; thence N.
14050'16" 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. 75005'24" 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. 75005'24" 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 I,ot 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 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, 14050'15" E. 10 feet; thence N, 1405015" E. a
distance of 110.37 feet to the Point of Beginning, Pitkin County, Colorado.
BUSW5669251A
%W IVAO P259
IX.b
CCI LOT 3, LLC
813 lm,ala D,,,,
Aspen Culorada 81611
Cell (512) 968-1450
Email: iibaiara),cmaualcreekne
July 8, 2015
City of Aspen
Community Development Department
130 South Galena Street. Third Floor
Aspen, Colorado 8 1611
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
"Proverty")
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
my 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—RU567371 1.1
%W ` o, P260
IX.b
CCI LOT 3, LLC, a Colorado limited liability
company
By: 000f�
Geo ge,p<er, Manager
6US_RE15673711.1
%AV, V400, P261
IX.b
ExhibitA
(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 I as
Reception No 59969 1, Pitkin County, Colorado
BUS RD5673711.1
1%W 140, P262
IX.b
SHERMAN6HOWARD
320 Wat Main Street Aspen, Coloredo 81611 1557
Telephone 970.9256300 Fax 970,925,1181 � sharmanhoward corn
cards B. Sanders
Sherman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-rnail: mandem@shemanhoward.com
Junel8,2015
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 I
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. W50,15"
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 7500725" 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 beaus 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-R�5&69237 I
4114W *A*f P263
I r#I .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 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. 75005'24" 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" rebut, 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 Lot4 of this survey witnessed by a 1 1/2"
dia aluminum capon 3/8" dia rebut 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 point on said north line of
Lot 4 also being the southeast corner 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, Pitkin County, Colorado
The Subject Property is subject to the following matters of record
I 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 46 1, Book 59 at Page 336, Book 59 at
Page 71, Book 59 at Page 38 1, 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 2 1.
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 I �
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 RP56692371
%ft� 1ftV1 P264
1 PAR .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
BUSR�5669237.1
%Wi *M0 P265
ItAq 1.9
SHERMAN6HOWARD
320 West Main Stroot Aspen, Colorado 81611-1557
Tolophone 9709256300 Fax 9709251181 �slhernnarrrlhoward won
Curtis B. Sanders
Shaman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-mail: "andom@shemanhoward.com
July 9, 2015
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 8 1611
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 attomey licensed by the State of Colorado to practice law.
This letter shall confirm and certify that CUT 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 'Subjec
property")
LOT 3, RANGER STATION SUBDIVISION, according to the Plat thereof recorded
May 22, 2013 in Plat Book 103 at Page I 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 75005'24" E along the Northerly boundary of said Block 9, a distance of 120
feet to a 1 1/2 inch dra. aluminum cap on 3/8 inch dia. rebar, the Point of Beginning;
thence S 75005'24" 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 I '/� inch dia. aluminum cap on 3/8 inch dia rebar;
thence N 75'0725" 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
14'50,15" E a distance of 10 feet,
thence N 1405015" E a distance of 110 34 feet to the point of beginning
BUS R�55737161
%W1 lft� 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 38 1, 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 2 1 �
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 Much 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 I
8 Covenants and Restrictions in Quit Claim Deed from the United States of America to
Todd Gardner recorded September 27, 2013 as Reception No. 604269.
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 Leaises 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
BUSR&5673716 1
%W P267
Sincerely,
Curtis B. Sanders
BUS _RE5673716.1
IX.b
IX.13
I..W 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 vmjoeth� owner or Attomey rearesentina the Property owne The following certification
shall accompany the application for a permit.
Subject Property: Lots 1 and 2, Ranger Station
T.B.D. Eiahth Street
Aspen, Colorado 81611
1, the property owner, certify as follows: (pick one)
LI This property is not subject to a homeowners association or other form of private covenant.
El This prop" is subject to a homeowners association or private covenant and the improvements
proposed in this building permit do not require approval by the homeo%vners association or
covenant beneficiiary.
El This property is subject to a homeowners associiation or private covenant and the improvements
proposed in this building permit have been approved by the homeowners associiation 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 13. Sanders, A.R. No. 23551
IWO 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 ceriffication must be
signed by the property owner or Attorney representing the Property owne 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
1, the property owner, certify as follows: (pick one)
11 This property is not subject to a homeowners association or other to" 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,
El 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
Ix
Agreement to Pay Application Fees
Propev St George Investments, L.L.C. Phone No.: , C,,,, B. S,nders: (970) 300-0114,
Omer ("I ): ' Email: csanders@Shermanhow@rd.com_
Address of Ranger Station Lots 1 and 2 Billing c/o Curtis B. Sanders, Sherman &
Property: T B D Eighth Street , Aspen,' Address: Howard L.L.C., 320 West Main
(subject of . . . (send bills here)
application) Colorado 81611 Street, Aspen, CO 81611
1 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
City Use:
Fees Due: $4225 Received: $_
elu
Agreement to Pay Application Fees
An agreement between the City of Aspen j'City") and
Property CCI Lot 3, LLC Phone No. (970) 925-6300
Owner (1"): Email: csanders@shermanhoward.mm
Address Of Ranger Station Lot 3, T.B.D. Eighth Billing c/o Curtis B. Sanders, Sherman &
Property Address
(subject of Street, Aspen, Colorado 81611 (send bills here) Howard L.L.C., 320 West Main
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 _depositfor 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 $2C5 per hour.
City of Aspen:
Chris Bandon
Community Development Director
cly uDse:, $ 4 2 2 5 R ... i"d; $
Prop" Owner:
Tril, Manager
?71
likow 1%001 P272
IX.b
PRWEcr:
ATTACHMENT 2 -LAND USE APPLICATION
Name St George Investments. L L C
Location Rome, Station Lots I and 2, T B.D., Eighth Street, Aspen, Colorado 81611
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID 4 (REQUIRED) 273512428001 (Lot 1), 273512428002 (Lot 2)
APPLK AN 1:
Name St George Investare is L L C
Address c/o Curtis B Sanders. Sherman & Howard L L C � 320 West Main Street. Aspen, Colorado 8 1611
Phone 4 f970) 300-0114
Name
Address 320 West Main Street, Aspen. Colorado 81611
Phone 4 (970) 30fl-01 14
APPLICATION:
E]
GMQS Exemption
E
GMQS Allorment
E]
Special Review
ESA — 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
F-1
Commercial Design Review
Residential Design Variance
Conditional Use
E] Conceptual PUD
E] Final PUD(& PUDA.crefiment)
E] Subdivision
E] Subdivision Exemption (includes
condominiumization)
El Lot split
n Lot Line Adjustment
El Temporary Use
E] Text/Map Amendment
[] Conceptual SPA
E] Final SPA I& SPA Amendment)
EJ Small Lodge Conversion/ Expansion
E] Other
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc
Vacant land The Propertv is not subject to my existing land use approvals.
PROPOSAL: (description of proposed buildings, uses, modifications, etc )
Applicant Proposes obtaining a GMOS Allotment for Lot I and for Lot 2� and City apparti of the resin to satistv tippliethl
affordable housing truncation requirement, either with cash -in -lieu or Ceirificans of Affordable Housing Credits —
Have you attached the following? FEES DUE: $4,225.00
Z Pre -Application Conference Summary
Z Attachreent4l, Signed Fee Agreement
• Response to Attachment 43, Dimensional Requirements Tom
• Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
R 3-D Model lot 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 Alicrosoft Word
Formal) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your Pre -
application conference summary will militate if you must submit a 3-D model.
BUS—RE/5673787 1
%W 14W P273
ATTACHMENT 2 -LAND USE APPLICATION IX.b
PROJECT:
Name CCI Lot 3, ELC
Location Ranger Station Lot 3, T Is D Eighth Street, Aspen, Colorado 81611
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) 273512428003
Name
Address _c/oCuftisB Senators, Shermari Hewand LL C 320 West Main Street, Aspen, Colorado 81611
Phones (970) 300-011
Name - ". _-1. I ...........
Address 320 West Main Street, Aspen, Colorado 81611
Phone # (970) 300-0114
check all that apply),
GMQS Exemption
EJ
Conceptual PUD
El
I cuiporary Use
GMQS Allotment
E]
Final PUD I& PUD Amendment)
El
TexuMap Amendment
E]
Special Review
E]
Subdivision
El
Conceptual SPA
E]
ESA — 9040 Greenfine, Stream
E]
Subdivision Exemption (includes
EJ
Final SPA I& SPA Amendment)
Margin, Hallam Lake Bluff,
c.richummunic,afion)
Mountain Vie, Plane
E]
Small Lodge Conversion/ Espansoin
Commercial Design Review
Lot Split
E]
Other
El
Residential Design Variance
E]
Lot Line Adjustment
EJ
Conditions[ Use
EXISTING CONDITIONS: (description ofesisting buildings, uses, previous approvals, ete I
Vacant land I he Poopertv is not son ect to any existing land use approvals
PROPOSAL:
Applicant Proposes obtaining a GMQS Allotment for Lot 3, and ON approval of the right to satistv applicable affordable housing
mitigation requirements either with cash-in-licu or Certificates ol'Afforclable Housing Credits
Have you attached the fialloreving? FEES DUE: $4 _225.00
Pre-Appluiatuni Conference Summary
Attachment 41,Signed Fee Agreement
Response to Attoefursent 43, Dimensional Requirements Form
Response in Attachment 44, Submittal Requirements- Including Written Responses to Review Standards
E] 3-D Model for [age project
All plans that are larger than 8.5" X I I " must be fthled. A disk with an electric copy of all written text (Microsoft Word
Format) must be submitted as pan of the application. Large scale projects should indude an electronic 3-D model. Your pre -
application conference summary will indicate if you must submit a 3-D nordeL
BUS_R�5673891,1
%W
,we
P274
IX.b
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project Lots I and 2, Rantar Station
Applicant: St George Investments. LL
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 IT . Lot 2 6.621 sL
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
___�L/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)—
JsUA
DIMENSIONS:
Floor Area (Lot 1)
Existing
0
Allowable 3,240
-3,240
Proposed
N/A
-NIA
Floor Area (Lot 2):
Existing
�)_
Allowable
Proposed
Principal bidg height
Existing
N/A
Allowable: 25' Proposed
- N/A
Access. bldg height.
Existing
?4/—A
Allowable —2f' Proposed. N/A
On -Site parking
Existing:
N/A
_NVA
Required:
Proposed:
N/A
* Site coverage
Existing
Required
Proposed
N/A
_R/—A
* Open Space:
Existing
F4—/A
_�/_A
Required
Proposed:
Front Setback:
Existing
Required
Proposed:
Rear Setback.
Existing:
N/_A
Required
Proposed,
- /A
Combined F/R
Existing
_jQ—A
Required
Proposed
N/A
_�_/A
Side Setback:
Existing:
N_/A
_N_/A
Required
Proposed
Side Setback
Existing
Required:
Proposed
TsEA
_NV A
Combined Sides
Existing
�_/A
Required
Proposed:
Distance RAV Bldgs:
Existing
jq/_A
Required
Proposed
N /A
* Per Cm, of Aspen Land Use Code
Existing non-conformifies or encroachments None
Variations requested.
BUSR&5673822 1
*AW *A01 P275
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project.
Lot 3. Ramair Station
Applicant
CCI Lot 3, LLC
Location
Lot 3. Ranger Station T B D. Eighth Street, Aspen, Colorado 81611
Zone District
R-6
_f
Lot Size
C619 s
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
---!S/A
Proposed
N/A
Number of residential units Existing
0
Proposed:
QmLIJ_
Number of bedroorm; Existing:
0
Proposed
....
N/A
Proposed % of demolition (Historic properties onTy_)_
N/A_
DIMENSIONS:
Floor Area. Existing. 0
_N/_A
Allowable
3,240
Proposed. N/A
Principal bldg height Existing:
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.
/A
_N/—A
Existing
Existing
N/A
Existing
Existing
N/A
_R/_
Existing
— A
Existing
N/A
Existing.
N_/A
Existing
Per Car of Aspen Land Use Code
Existing non -conformities or encroachments
Variations requested
BUSRD5673896,1
Required
Required
Required
Required
Required
Required
Required:
Required
Required
Required
Proposed N/A
Proposed: M/—A
Proposed N/A
Proposed 1T7A
Proposed _K/_A
Proposed: /A
Proposed: _N/—A
Proposed: ?VA —
Proposed _1T/_A
Proposed M/—A
IX.b
P276
IX.b
Forest Service Lots 1 and 2 Vicinty Map
U.. T.,
A�
ICE,,
June 18 2015 1 9,028
0 0 D75 O�5 03 m
Aspen I . , . .1 - I
o 0.1 04 k.
D.�'. �mTo' ln%�V h�t P �V.
GEOCO. US� FAC NPS RC� IG., K.. N�
0�.— Es, �� ET��., ��. (.� .01, -�,
wdt�Gm uswcmmmky
N� P277
CITY OF ASPEN IX.b
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 970.429.2759 DATE: 5128/15
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 Recorders 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 fo
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.
hftD7/twww.asi)enpitkin.com/Dei)artments/Community-Develoi)menVPlanning-and-Zoning
ASLU
GMQS
Lot s 1, 2 & 3, Ranger Station Sub.
BUS RP5669153 1
I%W I-W P278
IX.b
Follow link below to view the City of Aspen 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 overtwelve (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)
11 A written description of the proposal and an explanation in mitten, 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 prop".
BUS_RE/5669153 I
%W *Wf 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 1 V vicinity map locating the parcel within the City of Aspen.
• I Complete Copy. If the copy is deemed complete by staff, the following items will
then need to be submitted:
EI 2 Copies of the complete application packet and, if applicable, associated drawings. Number
of copies correlates to referral agencies and review boards.
0 Total deposit for review of the application.
11 A digital copy of the application provided in pdf file format.
0 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 RDS669153.1
L I./ P280
IX.b
ASLU
GMQS
Lot a 1, 2 & 3, Ranger Station Sub.
BUS_RE 5669153.1
RECORDER'S NOTE,
Dvf —appmved Mmugh Rub n pmcess
RANGER STATION SUBDIVISION
TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M.
SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE
PITKIN COUNTY, COLORADO
11
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" ze
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IX.b
RANGER STATION SUBDIVISION
TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M.
SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE
PITKIN COUNTY, COLORADO
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IIMII
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
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RANGER STATION SUBDIVISION
A PARCEL OF LAND SITUATED IN SECTION 17
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
SOPRIS ENGINEERING - LLC
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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 I and 2 — Ranger Station Subdivision,
GMQS Allotments Find have reviewed it for completeness.
El 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 we to the satisfaction of the City of Aspen Plarrier reviewing
the land use application.
�Your Land Use Application is complete:
f there we 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 yew. Digital pdf of
the application and two hard copies, as well as one measurable copy of each
improvement survey.
3) Review deposit of $4,225.00,
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 my
questions,
Th You
lerinTler P4 Dc�uty�l�annizng ]Director
City of As Community Development Department
For Office Use Onlv�
Quali"g Applications:
Mineral Rights Notice Required
New PD—
Yes N o,,X_
Subdivision, or PD (creating more than I additional lot)_
GMQS Allotments
Residential V/ Affordable Housma
Yes,� No
Commercial_ E.P.F._ Lodging____
IMPTUIPUM ENT SUSVEY - GF
RANGER STATION SUBDIVISIO N
- A PARCELU5F LANDEJ11JUATELTRII SECTION 12
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SUN P.M.
WITHIN PORTIONS OF BLOCK 9 OF THE ASPEN TOWNSITE, COUNT)' OF PITKINT, STATE OF COLORADO
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RANGER STATION SUBDIVISION
A PARCEL OF LAND SITUATED IN SECTION 12
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6[h P.M.
WITHIN PORTIONS OF BLOCK 9 OF THE ASPEN TOW NSITE, COUNTY OF PITKIN, STATE OF COLORADO
LLC
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 owne The following certification
shall accompany the application for a permit.
Subject property: Lots I and 2, Ranger Station
T.B.D. Eighth Street
Aspen, Colorado 81611
1, the property owner, certify as follows: (pick one)
El This property is not subject to a homeowners association or other form of private cs�venarl
EZ 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
El 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: I-1h-
Attorney printed name: Curtis B. Sanders, A.R. No, 23551
I- April, 2013 Cirs of Aspen 1 130 5� Galena St 1 (970) 920-5090
Onn
SHERMAN6HOWARD
320 West Main Street, Asper Colorado 81611-1557
Telephone, 970,925.6300 Fax 970925.1181 �shennnarh,�ard earn
Curtis B. Sanders
Shaman & Howard L.L.C.
Dirsitt Dial Number: 970.300.0114
E-mail; csandeM@Shemanhoward.com
Via Hand Delivery
July 9. 2015
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"orl'Sub'ectP perty")
Dear Ms. Phelan -
The undersigned represents CCI Lot 3, LLC , a Colorado limited liability company
("Applican ") 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 Properly, 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"Applicatio ")
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
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(5) LUC Section 26.470.090 (3)
(6) LUC Section 26.470. 100
(7) LUC Section 26.470.110
(8) LUC Section 26,710.040
Provision of required affordable housing via a cash
in lieu payment;
Calculations;
Growth management review procedures; and
Medium Density Residential (R-6).
b. Additional ApWication 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. Descrivtion of Subiect Property As depicted on the "Ranger Station Subdivision"
Survey Plat recorded May 22, 2013 in Plat Book 103 at Page I (the "Survey PI "), 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. 1, K, L. M, N, 0, P. Q, R, and S of Block 9, and
Lots A. B. C� D. E, F� G. H, 1. M, N, 0, 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 alsothat parLofthe alley in said Block 10 lying between LotsC, D, E,
F, G. H and I on the north thereof and M, N, 0, P, Q, R, and S on the South in
said Block 10.
BUSRE56755701
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. Unjer
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
suhdividedor was a legally describedparcel prior to November 14, 1977. that Complies ivith the
provisions atSubseetion 26480.020.E, Aspen To"nsite 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 [.or 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
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3. LUC Review Reatuirentents.
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 Ouota System; LUC Section
26.470.070(9)(b) - Residential Development — Sixty Percent (60%) Affordabi . 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 CaV'. 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 reguirements. LUC Section 26.470.050.13
provides that [AIll development applicalions.for growth management reviewshall compiv with
the./ollowing standards.- The Applicant confirms its compliance with the general requirements
of LUC Section 26.470.050.B as Follows:
(1) Standard 1: Sufficient growth management allotments are available to accommodate
the proposed development, pursuant to Subsection 26.470.030.D. Applications Jor multi -year
development allotment, pursuant to Paragraph 26470.090.1 shall not be required to meet this
standard.
Applicants Response: It is the Applicant's understanding that there currently sufficient
CitN of Aspen Growth Management Allotments to accommodate Applicant's proposed
des elopment 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: I he Applicant's proposed development complies " ith 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 Hallain Street and west of north Seventh Street), and is compatible " ith land
uses in the surrounding area, which with the exception of the nearby United States Forest Service
4
BUSREI�75570 1
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headquarters facility. generally consists of single family housing. The Subject Property is not
subject to any adopted regulator) master plan,
(3) Standard 3: The development conforms to the requirements and limitations of the zone
district.
Applicant's Respons : 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 Revieu approval, as applicable.
Applicant"s Response: Not applicable.
(5) Standard 5: "Unless otherwise specified in this Chapter san, percent (600%) of the
employees generated by the additional commercial or lodge development. according to
Subsection 26.470.100.A, Employee generation rates, tire mitigated through the provision of
affordable housing. the emplovee generation mitigation plan shall be approved pursuant to
Paragraph 26.470 0704 Af
I Ifordable housing. at a Categort, 4 rate as defined in the Aspenlivakin
County Housing Authority Guidelines, as amended An applicant may choose to provide
mitigation units at a lower category designation. Y 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 Criternifor Administrative Extinguishment (if 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 bv: (I ) cash -in -lieu; or (2) Cenificates of Affordable I fousing
Credits, instead of through the pros ision of affordable housing.
(6)Standard6: "Alfordable housing net fivable area, for u hich thefoushearfloor level is
at or above natural or finished grade, whichever is higher, shall be provided in an amount equal
to at least thirty percent (3OYo) of the additionalfiree-market residential net livable area, lor
which thefinishedfloor level is at or above natural orfinished grade, whichever is higher.
Af
.fordable housing shall be approved pursuant to Paragraph 26.470.070.4. Aftordable housing,
and be restricted to a Category 4 rate as defined in the Aspen'Pokin County Housing Authority
Guidelines, as amended An applicant mu - v choose to Provide mitigation units at a lower
category designation, Alfordable housing units that are being provided absent a requirement
("voluntary units") mov be deed -restricted al any level of up
hordabilov. including residential
occupied. ff an applicant chooses to use a Certificate of 41fordable Housing Credit as
mitigation, pursuant to Chapter 26.540, such Certificate shall he extinguished pursuant to
Chapter 26.540.90 Crueria.for Administrative Extinguishment of the Certificate, utilizing the
calculations in Section 26.470. 100 EniployeeX5quare Footage Conversion.-
BUS_R�5675570 I
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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-licu; or �2) C,nificates of Affordable Housing
Credits. instead of through the provision of affordable housing.
(7) Standard 7: "The project represents minimal additional demand on public
introstrueture, 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 treatmenl,
energv and communication Wilities, drainage control, fire and police protection, solid waste
disposal, parking and road and transit services."
Applicant's Response: The Applicant believes that its proposed des clopment 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(9l(b) - Residential Development — Sixty Percent
(60%) Affordabl . LUC Section 26.470.070(9)(b) pros ides in its entirety as follow s:
"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 AspenlPakin County Housing
Authority Guidelines, shall be approved, approved with conditions or denied by the Planning
and Zoning Commission based on thefollowing criteria: ... b. If the project consists of only one
(1) ftee-markel residence, then a minimum of one (1) affordable residence representing a
minimum of thirty percent (30%) of the project's totalfloor area and deed-restricled as a
Category 4 ')ror sale" unit, according to the provisions of the AspenPitkin County Affordable
Housing Guidelines, shall qualify. "
Applicant's proposed development with respect to the Lot shall consist of one (1) firee-
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
llowable Floor
Required Affordable
Area
JC Section
Housing Mitigation (30%
of Max. Floor Area)
6,6 P
6,019 s.f.
3,240 s.f.
972 s.f.
The provisions of LUC Section 26.470.040 govem 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
BUSRE156755701
that affordable housing mitigation shall be in the to= 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
1 972 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 Aspere/Pitkin County Affordable Housing Authority's Guidelines' current
cash-m-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) - Pr vision of Reatifired Affordable Housine
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 (I ) 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-licu, the Applicant confirms its compliance
with the general requirements of LUC 26.470.090(3), as follows:
(1) Standard 1: "The provision of af
fordable housing on site (on the same site as the
project requiring such aftordable housing) is impractical given the physical or legal paratneters
of the development or of the site or would be inconsistent with the , haracter of the neighborhood
in which the project is being develolvd.-
Apolicant'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-Jaith ellort in pursuit oJ
providing the required allordable housing all site through construction of new do elling units or
the deed restriction of existing divelling units to a#ordable housing status. -
Applicant's Response: As noted aboo, e, by law the Applicant cannot provide on -site
affordable housing mitigation in connection with a development of the Lot. With respect to
pros iding off -site affordable house mitigation. according to comparable sales data provided by
BUS RP55755701
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licensed rea I estate broker Tim Estin, for 2014, the average price per square foot for an Aspen
condominium was $1.175 per square foot. Therefore, ifthe Applicant were to buy -down a 972
square toot 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 "cold be $1,141100.
Respectfully. the Applicant submits that it is economically impractical for the Applicant to
provide for a buy-do"n of off -site affordable housing in connection " ith its development of the
Lots.
(3) Standard 3: "The proposal larthers of
.fordable housing goals, anti the cash -in -lieu
payment mill result in the near -term production a affordable housing units. A recommendation
.f .
from the Aspen/Pilkin County HousingAuthorin shall be considered.for this.standard.-
Applicant's Response: I he Applicant maintains that the Aspen/Pitkin County I lousing
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-licut fees in connection with development in the
City of Aspen provides a suitable approach for addressing the Cit)'s need for the production of
affordable housing units.
(4) Standard 4: "The City Council mov accept ant, percentage of a project's total
aftordable housing mitigation to be prooided through a casl;-in-lieu pavintent, including all or
none. Unless othenvive required by this Title, the provision ol atiordable 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 ofeash-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 RU5675570 1
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Lot 3, Ranger Station
Applicant: CC] Lot 3, LLC
Location Lot 3. Ranger Station, T.B.D. Eighth Street, Aspen, Colorado 8 1611
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:
QneL1_)__
Number of bedrooms:
Existing:
0 Proposed:
...
N/A
Proposed % of demolition
(Historic properties
on1T) _�L/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:
Existing: N/A
Required:
Proposed:
N/A
• Site coverage:
_K_
Existing: /A
Required:
Proposed:
_Tq /A
• Open Space:
Existing: jq�
Required:
Proposed:
/A
Front Setback:
Existing: N/A
_N/A
Required:
Proposed:
/A
Rear Setback:
Existing:
_N/A
Required:
Proposed:
N/A
Combined F/R:
Existing: _F_
Required:
Proposed:
/A
Side Setback:
Existing: q/A
Required:
Proposed:
Jx/ A
Side Setback:
Existing: N/A
Required:
Proposed:
N/A
_K
Combined Sides:
Existing: A
J�_
_N/A
Required:
Proposed:
/A
Distance B/W Bldgs:
Existing:
Required:
Proposed:
N/A
* Per Cini otAspen Land Use Code.
Existing non -conformities
or encroachments:
None.
Variations requested:
None.
BUS RD5673896 1
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Homeowner Association Compliance Policy
All applications for a building permit within the City of Aspen are required to include a cerffication of
compliance with applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Afforriev representing the Property owne 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
1, the property owner, certify as follows: (pick one)
El 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 pemnit 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 berieficiary. Eviidence 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
*%W. IWO/
ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
Name: CCI Lot 3. LLC
Location: Ranger Station Lot 3. T.B.D., Eighth Street, Aspen, Colorado 8 1611
(indicate street address, let & black number, legal description where appropriate)
Parcel ID � fREQU [RED) 273512428001
APPLIC AN 1:
Name CCI Lot 3. LLC
Address c. o Curtis B. Sanders, Sherman & Howard L.L.C., 320 West Main Street, Aspen, Colorado 81611
Phone 4: (970) 300-0114
REPRESENTATIVE
Name: Curtis B. Smudco�, She.. & Howard L.L.C.
Address 320 West Main Street, Aspen, C.] ... do 81611
Phone s (970) 300-0114
TYPE OF APPLICATION: (please check ail that apply):
F
GMQS Exemption
L]
Conceptual PUD
Temporary Use
E
GMQS Allotment
E]
Final PUD (& PUD Amendment)
TextfMap Amendment
n
Special Rme,
Subdivision
Conceptual SPA
ESA - 8040 Greenline, Site=
Subdivision Exemption (includes
EJ
Final SPA (& SPA Amendment)
Margin, Hallarn Lake Bluff,
condominiumization)
Mountain View Plane
[_]
Small Lodge Conversion' Expansion
F-1
Commercial Design Review
Lot Split
E]
Other:
E]
Residential Design Variance
Lot Fire Adjustment
F1
Conditions[ Use
EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.)
Vacant land. The Property is not stb ect to any existing land use approval,
PROPOSAL: (description ofproposed buildings. uses, modifications, etc.)
Applicant Proposes obtaining a GMQS Allotment for Lot 3. and City approval oflhe right to satisN applicable affordable housin
mitisenion remmo.onatts either with cash-in-lica or Cenificates ofAfforclable Housing Credits.
Have you attached the following? FEES DUE: $4,225.00
Z Pre -Application Conference Summary
Z Attachmempl. Signed Fee Agreement
M Response re Attachment 43, Dimensional Requirements Form
Z Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
E] 3-D Model for large project
AR plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy ofall written text (Microsoft Word
Format) must be submitted as pan ofthe application. Large scale projects should include an electronic 3-D model. Your pre -
application conference summary will indicate ifyou must submit a 3-D model.
BUSRE15673891 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 ran 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 agglicant 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.asi)enpitkin.com/Departments/Community-Development/Planning-and-Zoning/
ASLU
GMQS
Lot s 1, 2 & 3, Ranger Station Sub.
BUSRE15669153,1
%W **of
Follow link below to view the City of Aspen Land Use Code
htti)�//�w.aspenpitkin.com/Departments/Community-Develoi)ment/Planning-and-Zoninqrritle-2
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 RDSW9163 I
0 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.
0 Written responses to all review criteria.
0 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
0 1 Complete Copy. If the copy is deemed complete by staff, the following items will
then need to be submitted:
0 2 Copies of the complete application packet and, if applicable, associated drawings. Number
of copies correlates to referral agencies and review boards.
11 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/56691531
"asi, liew
SHERMAN6HOWARD
320 West Main Street Aspen Colorado 81611-1557
Telephone 970,925 6300 Fax 970.925,1181 � Shanhanho�ard com
Curtis B. Sandem
Shaman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-mail: esandem@shemanhoward.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 confima 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 I and is more particularly described as follows:
Beginning at the Northwest Comer of Block 9 of the Townsite and Citv of Aspen,
monumented with a 3/4 inch dia. Steel pipe with a cap marked "W',
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 14050'15" W a distance of 110.30 feet to the Northeast Comer of Lot 4 of this
survey monumented with a I '/� inch dia. aluminum cap on 3/8 inch dia. rebar;
thence N 75007'25" 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
14050;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
411110 *A04
Fhe 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 38 1, 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 2 1.
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. Tems, 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. Tems, 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 frast, 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 I
Sincerely,
Curtis B. Sanders
BUS _RE156]3]16.1
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CCI LOT 3, LLC
813 B.ao, D,hv
Avpen, Colorado 81611
Cell. (512) 968-1450
Eaaal: �bak,,(,wapol ... k ,i
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
"prove ")
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 confinn 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(dshemanhoward.com
Please contact the undersigned with any questions.
BUS-RE/567371 1.1
I%W *4100
Exhibit A
(Legal Description ofProperty)
Lot 3 of Ranger Station SubdivisioD, 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 I as
Reception No. 599691, Pitkin County, Colorado.
BUSR�5673711,1
Agreement to Pay Application Fees
An agreement between the City of Aspen ( City I and
Ow"'Is"Ity CCI Lot 31 LLC Phone No. (970) 925-6300
ner ('I"): Email �andem@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, GO 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
City Use : 4225
Fees Due: S Received: $
Property Owner:
Name: Ge - orj�e Baker
Titra Manager
I ,�[
xft� Ifte �_� -c-, I
SHERMAN&HOWARD
320 West Main Street, Asper, Colorado 81611-1557
Telephone 970925,6300 Fax, 970,925,1181 �shermanhos%srracom
Curtis B. Sanders
Sherman & Howard L.L.C.
Di at Dial Number: 970.300.0114
re
E-malt: csanders@she.anho.ard.com
Via Hand Delivery June IS, 2015 JUN 2 2 2015
� �� ;' ir Ac) r r,
Jennifer Phelan
Deputy Director
City of Aspen Community Development Department
130 South Galena Street, Second Floor
Aspen. Colorado 81611
Re: Application for GIWQS Allotments for Lots I and 2, Ranger Station "Subdivision",
t.h.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 "SubFect 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 proceduresz
(2) LUC Section 26.470 Growth Management Quota System;
(3) LUC Section 26.470.070 (9)(b) Residential development — sixty percent (60%)
affordable;
BUS RE15680136A
,%W 1%W
(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 Submect Property. As depicted on the "Ranger Station Subdivision"
Survey Plat recorded May 22, 2013 in Plat Book 103 at Page I (the "Survey Pla "), the Subject
Property is comprised of two legally -separate Lots, identified as "Lot I" 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 I 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� LE L K, L, M, N, 0, P, Q, R, and S of Block 9, and
Lots A, B. C, D, E, F. G, H. 1, M. N� 0, 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 alsothat partofthe alley in said Block 10 lying between Lots C. D� E�
Ift.e -..W
K G, H and I on the north thereof and ME N, 0, 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 Too osite
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 I 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 I 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 I and Lot 2 is each a - vacant lot
that was subdivided or was a legally describedparcel prior to November 14, 1977, that complies
with the provisions olrSubseefion 26480,020,E, Aspen Townsite lots" pursuant to LUC Section
26A70.060(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.
%W ..01
3. LUC Review Requirements.
a. LUC Section 26.304 - Common Develomment 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 Mana2ement Quota Svstern; 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 reguirements. LUC Section 26.470.050.B
provides that "[A]ll development applicationsfor growth management review shall comply with
the.following standards." The Applicant confirms its compliance with the general requirements
of LUC Section 26.470.050.B as follows:
(1) Standard I - Sufficient growth management allotments are available to accommodate
the proposed development, pursuant to Subsection 26470.030.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 underswnding 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
NNW *.W
headquarters facility, generally consists of single family housing. The Subject Property is not
subject to any adopted regulatory master plan.
district. (3) Standard 3: The development conforms to the requirements and limitations of the zone
. . Applicant's Respons : ne 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.
AvOicant'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 26.4 70.070.4, Affordable housing, at a Category 4 rate as defined in the AspenlPakin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. �f an applicant chooses to use a CerIfIcate 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-licu; or (2) Certificates of Affordable Housing
Credits, instead of through the provision of affordable housing.
(6) Standard 6: "Affordable housing net livable areii.for which thefinishedfloor level is
at or above natural orfinished grade, whichever is higher, shall be provided in an amount equal
to at least thirty percent (30%) of the additional ftee-market residential net livable area, for
which the finished floor level is at or above natural or misted ade, It ch ver i high r.
fi gr w i e s e
Affordable housing shall be aporovedpursuant to Paragraph 26.470.070.4, Affordable housing,
and he restricted to a Category 4 rate as defined in the AspenlFakin County Housing Authority
Guidelines, as amended An applicant may choose to provide mitigation units at a lower
category designation. AJfordable housing units that are being provided absent a requirement
("voluntary units'� may be deed -restricted at any level qf affordability, including residential
occupied. V' an applicant chooses to use a Certificate of Aftordable 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 inSection 26.470. 100 EmployeelSquare Footage Conversion."
%MW %me
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
hilrastructure, 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."
. . Armlicant'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%) Affordabl . LUC Section 26.470.070(9)(b) provides in its entirety as follows:
"9. Residential development — sixty percent (60%) affordable. The development oJ a
residential project or an addition of units to an existing residential project, in which a minimum
of sixty percent (W�,' ) of the additional units and thirty percent (30%) of the additional floor
area is allordable housing deed -restricted in accordance with the AspenlPitkin Counry Housing
Authority Guidelines, shall be approved, approved with conditions or denied by the Planning
and Zoning Commission based on thefollowing criteria: ... b. fflhe project consists of only one
(1) ftee-market residence, then a minimum of one (1) f
(afordable 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 AspenlPokin County Aftordable
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%
—
76 71 A 610)
of Max. Floor Area)
Lot 1
6,623 s.f.
6,023 s.f.
3�240 s.f.
972 s.f.
Lot 2
6,621 s.f.
6.021 s.f.
J,-240s 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*AW *AW4
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 Certificatc(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))
Cot 1
9- 7-
_s.f.
2.43 FTE's
Cot 2
972
2.43 FTE's
Using an assumed current market price of $175,000 for one (I ) 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)(6). 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 H ) 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 ofthe neighborhood
in which the project is being developed."
Applicant's Respons : 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.
4%W %V4
(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 cosh -in -lieu
payment will result in the near -term production ej affordable housing units. A recommendation
from the AspenlPitkin County Housing Authority shall be consideredfor this standard."
Applicant's Respons : 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 : "The City Council may accept any percentage qf a project's total
qf,rdable 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.
Sincerely,
Curtis B. Sanders
cc: St. George Investments, L.L.C.
NAW
VW
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Lots I and 2, Ranger Station
Applicant: St. George Investments, L.L.C.
Location: Lots I and 2. Ranger Station. T.B.D. Eiphth Street, Aspen, Colorado 81611
Zone District: R-6
Lot Size: Lot 1: 6,623 s.f. : Lot I 6�62 1 s.f.
Lot Area: Lot 1: 6023 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: QneLA_per Lot
Number of bedrooms: Existing: 0 Proposed: N/A
Proposed % of demolition (Historic properties ord �)
M/A
DIMENSIONS:
Floor Area (Lot 1): Existing: _9__ 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: _sFA Allowable :15�_ 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: JiWA
Existing: ��/A
Existing: _N/A
Existing: N/A
Existing: _VA
Existing: _� �/A
Existing: N/A
* Per Cio, of Aspen Land Use Code.
Existing non -conformities or encroachments
Variations requested:
BUS RE15673822 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
]'reposed: — N/A
Proposed: N/A
Proposed: N/A
Proposed: — N/A
Proposed: N/A
EXHIBIT
1
VA101 %we
Homeowner Association Compliance Policy
All applications for a building permit within the City of Aspen are required to include a cartification of
compliance with applicable covenants and homeowner association policies. The certification must be
skned by the property owner or Attorney representing the property owns 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
1, the property owner, certify as follows: (pick one)
El This property is not subject to a homeowners association or other form of private covenant.
El 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.
El 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
ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
JUN 2 2 2015
. ....... " ""'ce ... yes � " � k' � I - Ur A,)rq,
Location: banner Station Lots I and 2- T.B.D., Eighth Street Aspen, Colorado 81611 CODI!, ka�'! It" R:! (T
(indicate river address, lot & block number. legal description where appropriate
Parcel ID � (REQUIRED) 273512428001 (Lot 1)- 273512428002 (Lot 2)
APPLICANT
Name- St. George Incestrin,ats, L.L.C.
Address c/o Cmrs B. Sanders, Sherman& Howard L.L.C.. 320 West Main Street, Aspen. Colorado 81611
Phone 9 (970) 300-0114
REPRESENTATIVE
Name Curtis IC Sanders. Sherman & Howard FIX
Address 320 West Main Street, Aspen, Colorado 81611
Phone 4: (970) 300-0114
TYPE OF APPLICATION: (please check all that anni
[I
GMQS Exemption
0
Conceptual PUD
[-]
Temporan Use
M
GMQS Allotment
El
Final PUD (& PUD Amendment)
E]
Text/Map Amendment
F-1
Special Review
Subdivision
[]
Conceptual SPA
ESA — 8040 Greenfine, Stream
Subdivision Exemption (includes
L]
Final SPA (& SPA Amendment)
Margin. Hall= False Bluff,
�mahominiunnizatior)
Mountain View Plane
Small Lodge Conversion/ Expansion
Commercial Design Review
L]
Lot Split
Other:
Residential Design Variance
Lot Line Adjustment
Conditional Use
EX I S I INC CON DITIONS: (description of ex i sting bui Idings, uses, prev ious approval s. etc.)
Vacant land. The Proper-tv is not subiect to any existino land use approvals.
PROPOSAL: (description ofproposed buildings, uses, modifications, etc.)
Appli.ant Proposes obtaining a GMQS Allotment for Lot I and for Lot 2, and City approval afthe right to satisfy applicadd
affordable housing antrization requirements either , ith cash-in-lic. 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
F1 3-D Model for large project
All plans that are larger than 8.5" X I P� must be folded. A disk with an electric copy of all written text (Microsoft Word
Format) must be submitted as pan of the application. Large scale projects should include an electronic 3-15 model. Your Pre -
application conference summary will indicate ifyou must submit a 3-D model.
EXHIBIT
BUSRE/56737871
14.0 %W
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 fo
review by citV 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/5669153A
*AW 1�0
Follow link below to view the City of Aspen Land Use Code
hftD7//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:
0 Completed Land Use Application and signed fee agreement.
0 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)
0 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 RD56691531
%W %me
0 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.
El Written responses to all review criteria.
0 An 8 1/2" by 11 " vicinity map locating the parcel within the City of Aspen.
0 1 Complete Copy. If the copy is deemed complete by staff, the following items will
then need to be submitted:
El 2 Copies of the complete application packet and, if applicable, associated drawings. Number
of copies correlates to referral agencies and review boards.
Ll Total deposit for review of the application.
El A digital copy of the application provided in pdf file format.
El 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/56691531
NOW �.W
SHERMAN6HOWARD
320 West Main Street, Aspen, Colorado 81611 1557
Telephone 970 925 6300 Fax 970 925 1181 � shormanhrpvard mm
Curtis B. Sandeas
Sharman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-mail: csandem@shermanho.ard.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 Prol)ertv.'):
Lot I , 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. 75o05'24" E.,
along the northerly boundary of said Block 9, a distance of 60 feet; thence S. 14,5015"
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" did. aluminum cap on the 3/8" did. rebar bearing N. WWI 5" E. 10
feet; thence N. 75o0T25" 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 I UT' dia. aluminum cap on 3/8"
dia. rebar bears N. WWI 6" E. 10 feet; thence N. WWI 6" 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. Pitkin County, Colorado;
and
BUS RP56139237 1
=EXHIBIT
3
I
*4W 1400,
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 "T', thence S. 75'05'24" E.
along the northerly boundar) 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. 75005'24" 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. 75007'25"
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 I 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. 14050'15" 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 2L
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
BUSRE5669237 1
14W 1W
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
BUS-RE/5669237 1
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OF UTILITIES PRIOR TO CONSTRUCTION
IMPROVEMENT SURVEY PTA I 01�
LOT 1, RANGER STATION SUBDIVISION
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
51FEET I OF I
SOPRIS ENGINEERING - LLC
502 MAIN STREET, SUITE A3
CUSEREPONDALE, COURREJEJECT 81623
,..I'D,, ERIC, I I ON
LOT 1, DANGER STATION SUBDIVISION RAGGEDY MAY 22, CUTS AS RECEPTION NO
MARY, PLAT BOOK HER PAUL I
C TO AND TOWNS17E OF RULES
COUNTY OF STRIBU
STATE OF COLORADO
I DATE OF FIELDWORK SEPTEMBER 25 - 26, AND OCTOBER T 10 AND 11,
NO I ADD
DATE OF PREPARATION SEPTEMBER - OCTOBER, ASHO
E AREAS OF BEARING A SOARED OF A 75-05 24 E BETWEEN THE
NORTHWEST CORNER OF RANGER STATION SUBDIVISION, MERI LIN I ED
BY A 314- SINEDRIPE WITH AN UNMARKED CAP, AND THE NORTHEAST
CORNER OF A LUCK 9, DOCUMENTED BY A 3/4 STEEL PIPE WITH AN
UNMARKED FAA
4 BAGENS OF SURVEY THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY
G I BUCHANAN, DATED DECEMBER 15 1959, CITY OF ASPEN OR$
VON ROL PROADERENTECTION MAP PREPARED BY APPERVIN UNGIFFEERING
LLC� DATED DECEMBER 2, CLUB, THE PLAT OF RANGED STATION
SUBDIVISION RECORDED MAY 22, 201 E AS RECEPTION NO 599691, THE
LAND SURVEY PLAT RECORDED JUNE 6, 2011 AS RECEPTION NO �903 11,
VAR OUR DOCUMENTS OF RECORD, AND THE FOUND MEROOLUMENTES, AS
REARCED
5 THIS SURVEY DOES NOT AUDI A TITLE SEARC BY POLAR
OFFERING LUC ISE) TO DETERMINE LEADERSHIP OR EASEMENTS OF
RECORD FOR ALL INFORMATION REGARDING EASEMENTS, BEGUN Of
WAY AND/OR TITLE OF RECORD, SE SEEM UPON THE ABOVE SLID PLANTS
BACH I ED TO NOT 4 ANN THIS TITLE COMMITMENT PREPARED By THE LIN
COUNTS TITLE INC , CASE NET PAT23AM%V WI TO AN EFFEETIVE DATE OF
111TE ..ED , PAT I
6 THE SUBJECT PROPERTY IS ZONED AS A RESEDA PER ORDINANCE NO 86 OF
1981 RECORDED JANUARY 28, 1982 AS STEPHEN NO SPEND
7 ONE OF THE CONDITIONS OF AMC NUMBER NO 2 FOR SPECIAL USE PERMIT
IF A M 2714) IS KIM I I OF WAY I U I N SALARY FOR A NATURAL CAN
PlY ENTERED PIPE INC SAID DOCUMENT REFERENCES A 5 FOOT AND 10
FOOT CAST OF ANY FOR THE SAME PIPELINE
8 BYRD OF BE OIL ION 1 HE RAN OLD OF ASPEN MARTIN CONTROL (REFUSE,
WHICH IS BASED ON AN ELEVATION OF GERMS BRAND 1989) ON UL NAS
STATION S 159 THIS ESTABLISHED ABLE RENCTUREARE, BORROWS
PERON CONTOUR INTERVAL IS ONE I FOOT
SUR'E�ORS'T"J".7
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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
�VAA 5 MCKLED HEREDCRALF) U)
TEND C—
THED THIS IS AN IMPREIRMINT FUSIS
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PROPERTY DESCRIPTION
LOT 2, RANGER STATION SUBDIVISION RECORDED MAY 22, 2013 AS RECEPTION NO
BRIDGE, PLOT PROPI FBI AN I
C TY AND TOWNERETE OF ASPEN
COUNTY OF REFORM
I DA r E UP FIRLDINGRE SCH I EMBER �G ?Y, AND OCTOBER 7 IS AND 11,
CHUB
2 DATE OF BELONG I DUN SURF ENTIN OCTOBER, GOT
3 BACK OF LEASING A CORNING OF A CODE 24 1 BETWEEN TIE
NORTHWEST CORNER OF DANGER STATION SUBDIVISION, MONUMENTED
BY A 3/4 STEEL NICE WITH AN UNMARKED CAP, AND THE HATTERAS
CORNER OF BLOCK 9, MULTIFACETED BY A 3/4 STEEL PIPE WITH AN
4 BASIS OF SURVEY THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY
A E BUCHANAN, DATED DECEMBER 15, 1959, CITY OF ASPEN GO
COOLED MONUMENTHATION MAP PREPARED By MAROUN ENGINEERING
FLY, DATED DECEMBER 2, CHAD, THE PLAT OF RANGER STATION
SUBDIVISION RECORDED MAY 22 2013 AS RECEPTION NO ERASES, THE
LAND SURVEY REAL RECORDED JUNE 6, 2011 AS RECEPTION NO EIDETIC,
VAR GUY DOCUMENTS OF BECOME, AND THE FOUND MONUMENTS, AS
SHOWN
5 TH15 S OVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SUPER
�NFRAINLEHYRNEC, L � JS I TO ENTERED NE OWNERSHIP OR GREEN, N I S OF
PROUD FOR A� MOVATIEFERN BEGINNING EASEMENTS, RIGHTS OF
WAY AFGHANS TITLE OF RECORD, BE RELIED UPON THE ABOVE SAID FLATS
DESCH I BED IN N07E 4 AND THE T17LE COMBAT MINT RNARF 13 AS MEAN
PLENTY TITLE [NO . CARL NO PCT23AJ WITH AN EFFECTIVE KATE OF
FETE RE A DO FREE
B TOE SO T �,, PROPERTY 15 COINED AS A GREEN PUBEFFIRINUENCE NO 96 OF
HAVE RECORDED FANTASY SEE FORD AS RECEPTION NO PICKED
7 MXnFTH�CAN BURNS OF AMENDMENT NO I FOR SPECIAL USE PERMIT
HSO 271 ISARIGHTOFEI ENEREFFORANATURALIONEY
DISTRIBUTION PIPELINE SAID DOCUMENT REFERENCES A 5 FOOT AND 10
FOOT RIGHT OF WAY POP THE SAME PIPELINE
6 HAS S OF ELEVATION THE GREEN CITY OF OFTEN MARGIN CONTROL DATUM,
WHICH IS BASED ON AN ELEVATION OF EGER PAY FLOOD LEGAL ON TOE GUYS
STATION Y 159 TELEX ESTABLISHED A SITE BENCHMARK, AS SHOWN
HEREON ONTOUR INTERVAL IS ONE 1 FOOT
4�7R6���INT-ACiUALFIIL�l�ND�IONS SESTHERESPERNSETT� SOPRIS ENGINEERING - ULC TIE EFF"All 11 INAURI, FIR I'll FLAT IS LESS 1-1 1Ol,AA
ORTHICON TRACTOR TO CONTACT ALL UTILITY COMPANIES FOR YIELD
LOCATION OF UTILITIES PRIOR TO CONSTRUCTION
502 SGURRI N STREET, SUITE A3
llll.J.� UP I= =FS�`T- 1=1 A= 1� CNZII��I.l CARBONDALE, COLORADO 81623
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RANGER STATION SUBDIVISION
TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6th P. M.
SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE
PITKIN COUNTY, COLORADO
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SECTION 12, BLOCKS 9AND 10,ASPEN TOWNSITE
PITKIN COUNTY, COLORADO
LOT DESCRIPTIONS
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ST. GEORGE INVESTMENTS, L.L.C.
601 Poydras Street, Sidle 2625
Neiv Oileans, Louisiana 70130
Tel. (504) 525-9017
Fav: (504) 525-5607
CO: (970) 948-4018
Finad: oducole@1pinteresisco..
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 I
and 2, Ranger Station "Subdivision", as more fully described on Exhibit A attached hereto
(the "Property ')
Dear Sir or Madura:
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 tile 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 tile
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@slicrmanhoward,com
UHIBIT
BUS-RE/5669251.1
7
Ifto, L
Please contact the undersigned with any questions.
BUS_RN5669251.1
Nme 'Ifte
Exhibit A
(Legal Description oftropery)
Lot 1, Ranger Station Subdivision, according to tile 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. 75005'24" E., along the northerly
boundary of said Block 9, a distance of 60 feet; thence S. W50'15" 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
oil the 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 M 14'50'16" E. 10 feet; thence N.
14050'16" E. along the westerly boundary of Block 9, a distance of 110.41 feet to the Northwest
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 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. 75005'24" 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" Behar, tile
Point of Beginning. Thence S. 75005'24" E., along said northerly line of Block 9, a distance of 60
feet; thence S. 1405015" W. a distance of 110.34 feet to a point on the noltherly 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" F. 10
feet; thence N. 75007'25" 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 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, Pitkin County, Colorado.
BUS Re5669261.1
RETAIN
PERMANEf
Agreement to Pay Application Fees
Property Phone No.: /, Curtis B. Sanders, (970) 300-0114:
Owner ('I"): St George Investments, L.L.C. Email wandem@shemanhoward win
Billing
Address of Ranger Station Lots I and 2 Address: c/o Curtis B. Sanders, Sherman &
Properly T B D Eighth Street, Aspen,' Howard L.L.C., 320 West Main
(subject f ' ' (send bills here)
application) Colorado 81611 Street, Aspen, CO 81611
I understand thatthe City has adopted, via Ordinance No. , Series of 2011, review feesfor Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
thatarsthe property owner that I am responsiblefor 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 Bandon
Community Development Director
city use:
Fees Due: 4225
Received:
to
Name:
rr,
Application for GMQS
Allotments for Lots 1 and 2,
Ranger Station "Subdivision"
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 I 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 ("Applica ") as owner of the above referenced Sub - ject 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 "Applicatio ")
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)
(5) LUC Section 26.470.090 (3)
(6) LUC Section 26.470. 100
(7) LUC Section 26.470.110
(8) LUC Section 26.710.040
Affordable housing;
Provision of required affordable housing via a cash
in lieu payment;
Calculations;
Growth management review procedures; and
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 I (the "Survey PI "), the Subject
Property is comprised of two legally -separate Lots, identified as "Lot I" 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 Easemenf '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 I 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 conden-mation 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, 1, K, L, M, N, 0, P, Q, R, and S of Block 9, and
Lots A, B, C, D, E, F, G, H, 1, M, N, 0, 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, 0, 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 I 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 I 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 I and Lot 2 is each a " . . . vacant lot
that was subdivided or was a legally describedparcel 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 "[A]II development applicationsfor growth management review shall comply with
thefollowing standards." The Applicant confirms its compliance with the general requirements
ZD
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 26470.030.D. Applications for multi -year
development allotment, pursuant to Paragraph 26470.090.1 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 Resl2onse: 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
11
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.
:D
(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 26470.100.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 AspenlPitkin
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 26540, 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
t� Z:I
of the employees generated either by: (1) cash -in -lieu; or (2) Certificates of Affordable Housing
2D Z:I
Credits, instead of through the provision of affordable housing
t:, .I.
(6) Standard 6: "Affordable housing net livable area, for which thefinishedfloor level is
at or above natural orfinished 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 AspenlPitkin 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 26540, such Certificate shall be extinguished pursuant to
Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the
calculations in Section 26.4 70. 100 EmployeelSquare Footage Conversion."
5
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
Z� z:l
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
t�*
(7) Standard 7: "The project represents minimal additional demand on public
inftastructure, 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
ZD
permit submission.
I 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:
11 %
9. Residential development — sixty percent (60 o) 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 (30yo) 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 thefollowing 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 'Yor sale" unit, according to the provisions of the AspenlPitkin 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
z:I
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
6,621 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
4D
affordable housing mitigation required by LUC Section 26.470.070(9)(b) is to be provided.
t:� t.,
iii. LUC Section 26.470.070(4) - Affordable Housin2. 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 Reauired Affordable Housina
Via a Cash in Lieu Paymen . 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-Jaith effort in pursuit of
providing the required affordable housing off site through construction qf 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
ftom the AspenlPitkin County Housing Authority shall be consideredfor this standard."
A1212licant's Response: The Applicant maintains that the Aspen/Pitkin County Housing
Authority's prograrn for the providing of affordable housing through funds obtained through its
ZD ZD ZD
various sources, include the payment of cash -in -lieu fees, together with its methodology for
deten-nining 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 thi's 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-
Z:)
Market Unit on each Lot and approval of the Applicant's right to satisfy applicable affordable
4:)
housing mitigation requirements in connection therewith, either with cash -in -lieu or Certificates
of Affordable Housinc, Credits.
t:1
incerely,
u s
cc: St. George Investments, L.L.C.
ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
Name: St. George Investments. L.L.C.
Location: Ranger Station Lots I and 2, T.B.D., Eighth Street, Aspen, Colorado 81611
(Indicate street address, lot & block number, legal description where avl2ropriate)
Parcel ID # (REQUIRED) 273512428001 (Lot 0: 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, Asl2en, Colorado 81611
Phone#: (970) 300-0114
TYPE OF APPLICATION: (please check all that apply):
F-1
GMQS Exemption
[:1
Conceptual PUD
El
Temporary Use
Z
GMQS Allotment
Ej
Final PUD (& PUD Amendment)
El
Text/Map Amendment
F-1
Special Review
0
Subdivision
El
Conceptual SPA
F�
ESA - 8040 Greenline, Stream
El
Subdivision Exemption (includes
Final SPA (& SPA Amendment)
Margin, Hallam Lake Bluff,
condominiumization)
Mountain View Plane
Small Lodge Conversion/ Expansion
F-1
Commercial Design Review
Ej
Lot Split
F�
Other:
F�
Residential Design Variance
F�
Lot Line Adjustment
F�
Conditional Use
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Vacant land. The Property is not subject to any existing land use Nprovals.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Applicant vroposes obtaining a GMOS Allotment for Lot 1 and for Lot 2, and Ci1y approval of the right to satisfy gpplicable
affordable housing mitiization 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
Z Response to Attachment #3, Dimensional Requirements Form
Z Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
n 3-D Model for large project
All plans that are larger than 8.511 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
EXHIBIT
.P
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Lots I and 2, Ranger Station
Applicant: St. George Investments, L.L.C.
Location: Lots I and 2, Ranger Station, T.B.D. Eijzhth Street, Aspen. Coloiado 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: 1�/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 —
�K Per City ofAspen 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: -47
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
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 yroperty owner. The following certification
shall accompany the application for a permit.
Subject Property: Lots I and 2, Ranger Station
T.B.D. Eighth Street
Aspen, Colorado 81611
1, the property owner, certify as follows: (pick one)
0 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: L';5� date: 1�_ //I-- M_
Attorney printed name: Curtis B. Sanders, A.R. No. 23551
April, 2013 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090
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-Zonin-q
ASLU
GMQS
Lot s 1, 2 & 3, Ranger Station Sub.
EEXHIBIT
BUS-RE/5669153.1
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:
0 Completed Land Use Application and signed fee agreement.
0 Pre -application Conference Summary (this document).
0 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.
0 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.
0 HOA Compliance form (Attached)
0 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 A site improvement survey no older than a Vear 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.
0 Written responses to all review criteria.
0 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
0 1 Complete Copy. If the copy is deemed complete by staff, the following items will
then need to be submitted:
0 2 Copies of the complete application packet and, if applicable, associated drawings. Number
of copies correlates to referral agencies and review boards.
0 Total deposit for review of the application.
El A digital copy of the application provided in pdf file format.
El 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
ASLU
GMQS
Lot s 1, 2 & 3, Ranger Station Sub.
BUS_RE/5669153.1
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 I
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
Z,
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"):
t� z:1
Lot 1, Ranger Station Subdivision, according to the Survey Plat recorded May 22, 2013
in Plat Book 103 at Page 1.
=1
Also described as follows:
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. 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 comer of Block 9, the
Point of Beainning, Pitkin County, Colorado;
Z� ZD
and
BUS—RE/5669237.1
EEXHIBIT
b
3
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 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" 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 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 110.3 7 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,
4:)
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. 60 5 3 9 1.
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
t)
requests, and other requests with the City of Aspen with respect to the Subject Property.
Sincerely,
6 � '�� �
Curtis B. Sanders
BUS-RE/5669237.1
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IRECORDER'S NOTE:
�not approved through subdivision process
RANGER STATION SUBDIVISION
TOWNSHEP 10 SOUTH, RANGE 85 WEST, 6th P. M.
SECTION 12, BLOCKS 9 AND 10, ASPEN TOWNSITE
PITKIN COUNTY, COLORADO
NATUREAND PURPOSE OFSURVEY
This Suarvcy was performed ce, tocans and describe Inds
I. Seat!- 12. T 10 S, P 85 W. fthe 6th Principal Mcridism
. be conveyed by authority ftb, Forest S—ica F..!Uy
Realignment and EnhasscouncratAct of 2005.
FND. Original 34' di. mcl
pip, with cap marked "9"
FND. 3/8" do' Rehm
Aac,pldw S.W. Comarol'Block9
FND. 2 1/2" di,. st,minum
,�,,p - 34' dia. mb.ir.
awvae4za
0,
27o.,,
FND,:� 1/211 dia. aluminum
bm
cap on 3/4" dil to'.
LOT DEscRiPTIoNs
For Survey Descriptions OfLots 1, 2, 3, 4 and 5 , See Sheet 2 of2.
BASIS OF BEARINGS
The basis ofbearing is S. 75*05'24" E. as measured between the
NE and NW Comers ofBIock 9, being found original 3/4 inch diameter
steel pipe monuments with caps appropriately marked as shown on
the Aspen Townsite map, recorded at Book 4, Page 27, Pitkin Count34 Colorado,
UNITS OF NMASURENMNT
All distances shown in this survey are in U.S. Survey Feet.
RIGHTS OF WAYAND EASENIENTS
LEGEND
A - ay, and easements may not be shown on this
" ' 'w
-q`e
USFS 2 In" Almahmm Cap (LS N"9)
latTt ro�ue ofthe U.S. Forest Service. Rights -of -ways
, Et
M onful"Ichym ... num
and easements are shown on plat recorded June 6, 2011 by David W.
0 t In" Aluminum Cap - LS 29408 (Set)
Tomaschow as Rec. No. 5803 11 in Bk. 97, Pg. 12, Pitkin County Colorado.
0 3M Im dis, reb.,
- Wita—Cmus,
11"
SCALE
so
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las
NOTICE: According to Colorado law, you mot canameacc,
my logni ad= based upon this s—y within three
a
T au I
years m1cr you first dh`— such dcfmt. In - m,
one L��X ZZ-, 2 6
may any action based upon any defeat in ffib� a—cy be
80.k P.,
comareaced mom thin ten years from the date of the
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.ustifloodon she— bercum
ckt,�-
R—Pfio.
40 10,3 F
Not t, Sell,
FND. Original 3/4" dim steel
pip—iffi.stperoarkad"T"
EXHIBIT
Le,
NOTES
I.Thepositiona rcorommusedandsoclumainwen
at
bmined using a combination of'Studic and RTK GPS
techniques and meet the USDA-Fareat Service and
USDI-B— Marad Management "Smadarda and
Guidelines for Cadasmad Survcya using Global Positioning
System Methods."
2. Ccatedino data shown for the Si Job.- Ditch is of
the scrual location a found on the grand.
3. An undurgeound normal gas distribution pipeline, with a total
right ofway width timitcd to 10 fact plus the stand occailpiad by
the pipe.
4. An underground cleemic electric power lica. with a total
right orway width limited . 10 f.t.
5. A switchgcm station consisting ofs, buried vault and a -face
metal cabinet.
6. A 20 toot wide — easement for Lots 1. 2,3, and 4; with
the c"Ost'ia bei'g the shared proparly boundary between
1... 1. 2. 3, and 4.
CERTIFICATE OF SURVE
1, Wymam E. Earnest; Prollassional Land Surveyor No. 29408,
State Mlmd.. do hereby certify thas thi, plat moody
mpresents a surmy made by me or under my direction in
comformatioa, with the laws ofthc Sue of Colorado and at
the request of the U.S. Deparimeart of'Agriculture.
Forest Service.
U. S. D. A. - FOREST SERVICE
REGION 2: WMI`E RWER NATIONAL FOREST
RANGER STATION SUBDINTSION
T. 10 S., R. 85 W. 6th P. M.
Secdon 12
Blocks 9 and 10 ofAsven Townsite
S.rmyW Br.
Mikil
� M.
SHEET NO.
I OF 2
"""" ...... ` /—' '� --N �, 2 OF 2,
—N —XI �. — .. — 1. .
�03 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 ofBIocks 9 and 10 oftheTownsite and City ofAspen, County ofPitldn, State
ofColorado, 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 ofBlock 9 ofthe Townsite and City
ofAspen, 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 ofLot 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. 14'50'1 6"E.
10 feet; thence N. l4o5 O'l 6"E., along the westerly boundary ofBIock 9,
a distance of 110.41 feet to the Northwest comer ofBIock 9, the Point
ofBegirming. Containing 6,623 square feet., more or less.
LOT 2, Ranger Station Subdivision
Beginning at the Northwest Comer ofBlock 9 ofthe Townsite and City
ofAspen, monumented with a 3/4" dia, steel pipe with cap marked "9",
thence S. 751 05'24" E., along the northerly boundary of said Block 9,
a distance of60 feet to a I 1/2'dia. aluminum cap on 3/8" dia. rebar,
the Point ofBeginning. Thence S.75'05'24"E., along said northerly line
ofBlock 9, a distance of60 feet; thence S. 1405011511 W. a distance of
110.34 feet to a point on the northerly line ofLot 4 ofthis 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 ofLot 4, a
distance of60 feet to a point on said north line ofLot 4 also being the
southeast comer ofLot I ofthis 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 ofBeginning.
Containing 6,621 square feet., more or less.
LOT 3, Ranger Station Subdivision
Beginning at the Northwest Comer ofBlock 9 ofthe Townsite and City
ofAspen, 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 ofBeginning. Thence S.75*05'24"E., along said northerly line
ofBIock 9, a distance of60 feet; thence S. 14*50'15" W. a distance of
110.30 feet to the Northeast Comer ofLot 4 ofthis survey monumented
with a 11/2 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 surveN from which a 1 1/2 inch dia. aluminum cap on 3/8 inch di& rebar
bears N. 14050'15"E. a distance of 10 fect; thence N. W50'15"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 ofBIock 9 ofthe 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 ofsaid Block 9, a distance of
110.41 feet to the Point ofBeginng, from which a 1.5 inch dia. aluminum cap on
3/8 inch rcbar bears N. 14*50'16 E. a distance of 10 feet and a 11/211 dia. aluminum
cap on 3/8 " dia. rebar bears S. 14*50'16" E. a distance of 10 feet; thence
S. 75*0712511 E. a dismace of 180.00 feet to the Southeast comer ofLot 3
of this survey manumented with a 1 1/2 inch dia. aluminum cap on 3/8 inch rebar;
thence S.41'23'15"W. a distance of8l.68 feet to 1 1/2 inch dia. aluminum cap on
3/8 inch rebar; thence N.73*5821"W. a distance of 143.52 feet to a point on the
westerly line ofBIock 9, monumerud with a 1 1/2 inch dia. aluminum cap on 3/8
rebar; thence N.14'50'1 6"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 ofsaid Block 9 ofthe Aspen Townsite
monumented with a 3/8 inch diameter rebar, thence N. 14'50'16" E. a
distance of40.20 feet to a point monumented with a 1.5 inch diameter
aluminum cap on 3/8 inch diameter rebar, thence S. 75'09'23" E. a
143.52 feet to a 11/2 inch dia. aluminum cap on 3/8 inch rebar; thence
S.44*3,V24"W. a distance of 65.91 feet to a 11/2 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
ofBIock 9 monumented with a 11/2 inch aluminum cap on 3/8 inch rebar; thence
N.14'50'16"E., along said westerly line of Block 9, a distance of20.00 feet to the
Point ofBeginning. Containing 7490 square feet, more or less.
0—
CERTIFICATE 451P SURVEY
Wyman E. Bontrager, Professional Land Surveyor No. 29408,
rate of Colorado, do hereby certify that Us plat correctly
r
,T
nsents a surve ade byrme or under %&1ection m
0 ation wtm
beiaws f the State of orado and at
the request 9fthe U.S. Department ofAgriculture,
Forest Smice.
NOTICE: A —ding to Cai-mo law, you noun mannenoo
my Itgol uction bued upon this smey within three
y— aft,, you ft. dim— —h do&�t 1. no —.4 1 AND SUVEYDEPOSIT
nuty my ti- based up.. my dOfOct in this F—y be Pitki, C ... ly CWk & R—HIF, Offil,
O.—OOd — than ten yeaus ft. tho date of the on"
-tifioution shown hmon.
U. S. D. A. - FOREST SERVICE
REGION 2: Wffl[TE RIVERNATIONAL FOREST
MANAGEMENT UNIT
--900GrandAve.
Uu—) Glenwood Springs, Colorado 81601 w10-94&-=
RANGER STATION SUBDIVISION
T. 10 S., R. 85 W. 6th P. rVI.
Section 12
Blocks 9 and 10 ofAspen Townsite
MKIN COUNTY, COLORADO
S—�d By:
!Umpti.. No. U
PROJECT No. 'E�; ==I SHEET N,
120706 2 OF 2
ST. GEORGE INVESTMENTS, L.L.C.
601 Poydras Street, Sidle 2625
New Orleans, Louisiana 70130
Tel. (504) 525-9017
Faw (504) 525-5607
Cell: (970) 948-4018
Email: wducote@1pinteresis. coin
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 I
and 2, Ranger Station "Subdivision", as more fully descHbed 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 tile
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
. ........... . ..... ..... ... ........... ...... .......EEXHIBIT
.0
7
BUS RE/5669251.1
Please contact the undersigned with any questions.
STD FORGE INVESTMENT I.C. a Louisiana
limi d liabi�li�v coma
a3lie)C. Ducote, Manager
BU5_RE/566925i.1
Exhibit A
(Legal Description ofPi-operty)
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 Comer of Block 9 of the Townsite and City of Aspen, monumented
with a 3/4" dia. steel pipe with cap marked "T', 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 comer of Block 9 of the Townsite and City of Aspen, rnonumented
with a 3/4" dia. steel pipe with cap marked "9", thence S. 75005'24" 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. 75005'24" 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. 75007'25" 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 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, Pitkin County, Colorado.
BUS-REt5669251.1
Agreement to Pay Application Fees
An acireement between the City of
Property St. George Investments, L.L.C. Phone No.: U, c,rtis B, Sanders; (970) 300-0114;
Owner ("I'): Email: esanders@shermanhoward.com I
Address Of Ranger Station Lots 1 and 2, Billing c/o Curtis B. Sanders, Sherman &
Property: T B D Eighth Street, Aspen, Address: Howard L.L.C., 320 West Main
(subject of ' ' " (send bills here)
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 Gases 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: