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Home My WebLink AboutLand Use Case.518 W Main St.0061.2014.ASLUr 0061.2014.ASLU 518 W MAIN AMENDMENT 273512443006 i â‚¬ c .,u,u 6 611 w \ ~ l â‚¬Al-Ou-~ J PATH: G/DRIVE / MAo iER FILES/PLANNING/ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0061.2014.ASLU PARCEL ID NUMBERS 2735 124 43 006 PROJECT ADDRESS 518 W MAIN ST PLANNER SARA ADAMS CASE DESCRIPTION APPLICATION FOR 11 AFFORDABLE HOUSING UNITS-AMENDMENT REPRESENTATIVE PETER FORNELL DATEOFFINALACTION 09.22.2014 CLOSED BY KARLA HENRICHON 7.28.16 06* 1. 231(4. AS C(/1 permig l Â·22 - Â· 2- 1, Â·1:E '9080 i file Edit Recot Navigate Fgrm Report Format Iab *Ip â‚¬44: I ' 9 ' : 3 * > 0:, .._: Sii li: ti -2 4 3., i i J t. 1 Jump 1 ~ 2 2: 0 .9 Ill .0 :an _2: ' 2 @ i i Â· 0 *: I 3 5 - 23 41 i ~AIII~ Custom fields Royting Status Fee Summari idons 'Routing History Permittfpe laslu |IAspen Land lIse Permit # |00612014-ASLU Addres 1518 W MNN ST Ap#Suite | ' nn-, i ul} Erk_-1 LI' Sbte ICO 1 Zip 181611 Pennit Information ~ Master permit I Routing queue laslu07 Applied 101Â·'25/2011 pmject I Stdus Ipending Approved I 3 ' 0 Â· DeÂ«tion IAPPLICATION FOR 11 AFFORDABLE HOUSING UNITS -AMENDMENT Issued ~ Â£ i Closed,Find | ~ 1 Submitted 1 | Cl:ock ~ Days F~--1 Expires |07/20/2015 Â· | Owner Z k N l Last name FORNELL First name PETER 402 MIDLAND PARK PL 8 :i Phone (370) 319-33# I ASPEN CO 81611 : Addres E Owner is applicant? 0 Contrador is applicant? i : Last name FORNELL First name PETER 402 MIDLAND PARK PL Â£ ASPEN CO 816111 : : Phone 19101 319-3344 custz &9163 AddrPEâ‚¬ ' Lender 1 Last Barrie ' First name Phone K). Address Displays the permit applicant' s address AspenGold5 (server angeles ~ 1 oil- â€ž 1 76-6'1,4.U Ok *7 lÂ®te .00 9(4425%13 0 41660 C N >1:,ino~ 1 xogiou..LIli sdno,ED ggll i..... - IL R PTION#: 614780, 10/23/2014 at 11:24:21 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE N0.29, (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUBDIVISION AMENDMENT FOR THE DEVELOPMENT OF THREE MULTI-FAMILY BUILDINGS, INCLUDING ELEVEN AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 518 WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS P, Q, AND M OF LOT O, BLOCK 30, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL NO. 2735-124-43-006 WHEREAS, the Community Development Department received an application from Fat City Iioldings manager Peter Fomell requesting approval of a Subdivision Amendment regarding Section 8.1 of Ordinance No. 21, Series of 2011 ; and, , WHEREAS, the property is located within the Mixed Use (MU) Zone District and is included on the Aspen Inventory of Sites and Structures as a local historic landmark and a contributing resource within the Main Street Historic District; and, WHEREAS, City Council approved Ordinance No. 21, Series of 2011 granting Subdivision approval for an affordable housing development for 11 affordable housing units and 24.0 FTEs; and, WHEREAS, the Community Development Department received referral comments from Aspen Pitkin County Housing Authority; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of Subdivision Amendment; 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 wel fare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Ordinance No. 21, Series of 2011, Section 8.1 Affordable Housing, is hereby amended and shall read as follows [emphasis added-]: 1. The units shall be deed-restricted as "for sale" units in accordance with the requirements of Section 26.470.070.4(a-d) of the Municipal Code and the provisions of this Ordinance. Notwithstanding any provision to the contrary that Ordinance No. 29, Series of 2014 Pagel of 3 may be contained in the Aspen Municipal Code or the Aspen/Pitkin County Housing Authority (APCHA) Guidelines, affordable housing units shall be sold to persons or households that meet the Qualifications to Purchase Affordable Housing as set forth in the APCHA Guidelines; and, who are selected through the Lottery Process as described in the APCHA Guidelines with the exception that the developer shall be entitled to select first purchaser for one of the affordable housing units, who qualifies as top priority for the unit and meets the APCHA Guidelines. After initial sale. all units shall be sold through the Aspen/Pitkin County Housing Authority lottery system. Section 2: 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 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this ordinance shall be held on the 22nd day of September, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum o f fifteen days prior to which hearing a public notice o f the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLIS}*Eli~as 4ovided bÂ¥-law, by the City Council of the City of Aspen on the 9th day of SepteÂ¢Ar, 201,0Â¢ < C Sfeven Skadron, Mayor Ay),BST: Q ~ tilda Manning, 2~ty Clirk ~ \ Ordinance No. 29, Series of 2014 Page 2 0 f 3 FINALLY, adopted, passed and approved this 22nd day Â«911 L St~en Skadron,ayir ATTEST: 44& 4Â»i-*~~ Linda Manning, City Clerk APPROVED AS TO FORM: O "----,0-- 4mes R. True, City Attorney Ordinance No. 29, Series of2014 Page 3 0 f 3 Ad Name: 10514849A PUBLIC NOTtCE RE: 518 W. MAIN STREET -AMENDMENT TO Customer: Aspen (LEGALS) City of ORDINANCE NO. 21, SERIES OF 2011 NOTICE IS HEREBY GIVEN that a public hearing Your account number: 1013028 will be heidi on Monday, September 22, 2014, at a regular meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Salena St., Aspen, to consider an applica- tion submitted by Peter Fornell, 402 Midland Park, PROOF OF PUBLICATION Aspen, CO 81611. The subject property is locat- ed at 518 W. Main Street, legally described as Lots P Q and M of Lot O, Block 30, City and Townsite T= Air= TIMB: caspen com of Aspen, Colorado. The applicant requests an a endment to Section 8.1 of Ordinance No, 21, Senes 012011. For further information, contact Sa- ra Adams at the City of Aspen Community Devel- opment Department, 130 S. Galena St . Aspen, CO. (970} 429.2778, s/Steve Skadron, Mayor STATE OF COLORADO, Aspen City Council Published in the Aspen Times on September 4, COUNTY OF PITKIN 2014 Published in the Aspen Times Weekly on Septem- be,4,2014.(10514849) I, Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal a-dvertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication ofsaidnoticewasinthe issue of said newspaper dated 9/4/2014 and that the last publication of said notice was in the issue of said newspaper dated 9/4/2014. In witness whereof, I have here unto set my hand this 09/10/2014. 2314*t/rp-- Jim Morgan, General Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 09/10/2014. 1.4 9 41 PamelaJ. Schultz, Notary Public Mv Commission expires: November 1, 2015 Â¢02 Wy Cmmission Egires 11/01/2015 1-1 4 Muy 02, LU 19 .......... Fyl/ttâ‚¬/ 10514849 51 if w. MA,Utt Ad Ticket #5 (>r (+ It/< Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: ANGELA.SCOREY@CITY Client: Caller: Angela Scorey City: Aspen Receipt State: CO Zip: 81611 Ad Name: 10514849A Original Id: 0 Editions: 8ATI/8ATW/ Class: 0990 Start: 09/04/14 Stop: 09/04/14 Color: Issue 1 Copyline: PN 518 amendment ATW 1051484 Rep: AT Legals PUBLIC NOTICE RE: 518 W. MAIN STREET - AMENDMENT TO ORDINANCE NO. 21, SERIES OF 2011 Lines: 28 NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 22, 2014, at a Depth: 2.35 regular meeting to begin at 5:00 p.m before the Aspen City Council, Council Chambers, City Hall, Columns: ' 1 130 S. Galena St., Aspen,to consider an applica- lion submitted by Peter Fornell, 402 Midland Park, Discount: 0.00 Aspen, CO 81611. The subject properly is locat- ed at 518 W. Main Street, legally ddscribed as Lots Commission: 0.00 P, Q, and ~2 of Lot O, Block 30, City and Townsite 01 Aspen, Colorado. The applicant requests an Net: 0.00 amendment to Section 8.1 of Ordinance No. 21, Series 01 2011. For furlher information, contact Sa- Tax: 0.00 ra Adams at the City of Aspen Community Devel- opment Department, 130 S. Galena St., Aspen, CO, (970) 429.2778, Total 14.17 saraadams@cityofaspen.com. Payment O.00 s/Steve Skadron, Mayor Aspen City Council Published in the Aspen Times on September 4, 2014 Published in the Aspen Times Weekly on Septem- ber 4, 2014.(10514849) Ad shown is not actual print size s.,/r=L A. AFFIDAVIT OF PUBLIC NOTICE , REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDR-ESS OF PROPERTY: 51 T kl - Nlot..4.vÂ·. Sir , Aspen, CO SCHEDULED PUBLIC HEARING DATE: *@ Â·21 , 8 5:Do vn , 2Ole STATE OF COLORADO ) 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) o f the Aspen Land Use Code in the following manner: / Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sigli) 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 VA -/9 the public hearing, notice was hand delivered or mailed by first class postage 4 Â· r prepid-U.3.'mail to all owners of property within three hundred (300) feet of the 1 ' t ; p M'; 11 ' 7 preperly subject to the development application. The names and addresses of : j..~ ~ .., property owners shall be those on the current tax records of Pitkin County as they 3 i LITL.9. ~~~111,*,2_ appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the bwners and governmental agencies so 71oticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, sununarized 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 sunimary, including the method of public notification and a copy ofany documentation that was presented to the public is attached hereto. (continued on next page) rn + h - 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 lot5 new Planned Unit Developments, and new Specially . Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The forefoing "Affidavit of Notice" was acknowledged before me this 4- day Of S,Yr , 2014-, by Avyrtc-, 66-1 PUBLIC NOnCE RE: 518 W. MAIN STREET - AMENDMENT TO WITNESS MY HAND AND OFFICIAL SEAL ORDINANCE NO. 21, SERIES OF 2011 NOTICE IS HEREBY GIVEN that a public hearing will be heidi on Monday, September 22,2014, at a regular meeting to begin at 5:00 p.m. before the My commission expires: Alotup Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an applica- lion submitted by Peter Fornell, 402 Midland Park, Aspen, CO 81611. The subject property is locat- 404 ellk fat.oi'3)1~~ ~ ~~t 518 W. Main Street. legally described as Lots and 36 of Lot O, Block 30, City and Townsite of Aspen, Colorado. The applicant requests an Notary Public amendment to Section 8.1 of Ordinance No. 21, Series of 2011. For further information, contact Sa- ra Adams at the City of Aspen Community Devel- opment Department, 130 S. Galena St., Aspen, CO, (970) 429.2778, KAREN REED PATTERSON ~ sara.adams@cityofaspen.com. NOTARY PUBLIC 8/Steve Skadron, Mayor ' STATE OF COLORADO 1 Aspen City Council ATTACHMENTS AS APPLICA-BLE: NOTARY ID #10964002767 ~ Published in the Aspen Times on September 4, *....."-/..../.-- 2014 My Commilalon Explres Pebrue'U,&5,U Published in the Aspen Times Weekly on SÂ®tem- HE PUBLICATION ber 4, 2014.(10514849) 0 1 i. v-v ___APH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 . .* I + . . I. .. I . 14 Det . UT/,5 Â· . Â·~:* *'L.1 .. 1--1,~ PUBLIC NeTICE %4 - Date: Mon., Sept. 22 2014 Q . .f Time: 5pni ..d- . 6 WFU 1Â· . Place: 130 S. Galena St.. Council Charnbers I .' Purpose: .* City Cl}LIFICI| is 27~4ktÂ·d 10 Con:4,41,1 tf,1 .4 amendment to 0,(ltionr,Â· #2 1 01 2011, Section /3 1 ri *q.Irilit,Â·, atford:,t,tâ‚¬Â· 1,(,4,'.11,cl Â· i.14:<:tic>*, c,# 1 *,r;,2 Â· 1 11â‚¬, apptic ant i:. 1*'. Â·te, 1 *ur 0,0.41 â‚¬ â€¢, 40.* 8.44*11-Int. 1 P..rk, AÂ·.,,â€¢â€¢1, c :C) $ â€¢,f t,wthe, iN/â‚¬ "11*.*thin â€¢ .â€¢0Â¢!.*t f /1*+s#tâ€¢ 4 .. $ .t . b..41 ....t.te,* e i. & St "t I.*. i 4.li t â€¢Ff' * . i .4 1 . a. . 1. 1, . 1 , I + I 4 - I I / 4 .4, + 4 4 ..Al I .. .. . I lit. . . It .13.+ 1 .. - + / .2.. - 41, -r Sara Adams From: Cindy Christensen Sent: Tuesday, August 05,2014 12:17 PM To: Sara Adams Subject: RE: 518 W. Main amendment The guidelines allow for a developer to choose 1/3 as long as the person is in the top priority - four-year work history prior to application, within that category, not own other property and meets the minimum occupancy requirement. 1 know that Peter asked for a couple of units when he first went through for approval and the Board did not have a problem. Since he is only asking for one, as long as she is a top priority applicant, APCHA would not have a problem. Cindy Christensen Operations Manager Aspen/Pitkin County Housing Authority 970-920-5455 / Fax 970-920-5580 cindy.christensen@citvofaspen.com www.apcha.om APCHA HAS MOVED! OUR NEW LOCATION IS AT 210 EAST HYMAN, SUITE 202. CHECK OUR WEBSITE FOR MAP TO NEW OFFICE. From: Sara Adams Sent: Tuesday, August 05, 2014 11:33 AM To: Cindy Christensen Subject: 518 W. Main amendment Hey Cindy- I hope that all is well. Peter Fornell is requesting an amendment to the 518 W. Main Street approvals to be able to pick 1 qualified owner Chis daughter) for one of the 11 AH units. This is headed to Council 9/8 and 9/22. Wasn't sure if you wanted to make a recommendation or if you wanted to take it to the APCHA board. The land use application is attached. Please call me with any questions. Best, Sara Sara Adams, AICP Senior Planner I City of Aspen 130 S. Galena Street, 3rd floor Aspen CO 81611 970/429-2778 www.aspenpitkin.com Notice and Disclaimer: This message is intended only forthe individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information oropinionscontained inthisemail are advisoryin nature onlyand are not bindingonthe City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. 1 PUBLIC NOTICE RE: 518 W. MAIN STREET - AMENDMENT TO ORDINANCE NO. 21, SERIES OF 2011 NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 22, 2014, at a regular meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Peter Fornell, 402 Midland Park, Aspen, CO 81611. The subject property is located at 518 W. Main Street, legally described as Lots P, Q, and M of Lot O, Block 30, City and Townsite of Aspen, Colorado. The applicant requests an amendment to Section 8.1 of Ordinance No. 21, Series of 2011. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2778, sara.adams@cityofaspen.com. s/Steve Skadron, Mayor Aspen City Council Published in the Aspen Times on July 4,2013 City of Aspen Account AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 20- STATE OF COLORADO ) ) SS. County of Pitkin ) F%Aer flrne[1 (name, please print) I. being or ;epresenting 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) ~Ays priorto thepublic hearing. A copy ofthe publicationis 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 hi.gh, and which was composed of letters not less than one inch in height. Said notice Xas posted at least fifteen (15) days prior to the public hearing on the0 day of /~j-Â£1404-k .20/4. to and including the date and time tithe public hearing. A4holograph of the posted notice (sign) is attached hereto. 1/ Mailing of notice. By the mailing of a notice obtained from the Community Development Department. which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035. Neighborhood Outreach. A copy of the neighborhood outreach summary. including the method of public notification and a copy of any documentation thal 14'aS presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice. return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum. Subdivisions. PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning distlict 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)0afs prior to the public hearing on such amendments. Signat&40 The fowgoing "Affidavit of Notice" was acknowledged before me this 2% of A (161 U 41- 101%'by YÂ¢*r Forn-(11 WITNESS MY HAND AND OFFICIAL SEAL ~ TARA L.NELSON----' NOTARY PUBLIC y com STATE OF COLORADO NOTARY ID 20014030017 MY COMMISSION EXPIRES 09/26/2017 Notary Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 Jam Free'Printing - www. avery. com ~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY HNE FREDRIC N & SONDRA FISCncR SISTIE FRIAS PROPERTIES OF ASPEN LLC 112 MARINER DR 442 W BLEEKER 730 E DURANT JUPITER, FL 33477 ASPEN, CO 81611 ASPEN, CO 81611 3ANT CONDO ASSC GARMISCH LODGING LLC GOLDENBERG STEPHEN R & CHERYL J 310 S WESTEND ST 110 W MAIN ST 430 W HOPKINS AVE 4SPEN, CO 816112142 ASPEN, CO 81611 ASPEN, CO 81611 3OLDMAN DIANNE L H & H PROPERTIES LLLP HAYMAN JUL ES ALAN DO BOX 518 807 W MORSE BLVD STE 101 9238 POTOMAC SCHOOL DR :AIRFIELD, CT 06824 WINTER PARK, FL 32789-3725 POTOMAC, MD 20854 -IAYMAX HOTELS LLC HILLMAN TATNALL L REV TRUST HY-MOUNTAIN TRANSPORTATION INC 305 W MAIN ST #2 504 W BLEEKER ST 214 B AABC ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 JEWISH RESOURCE CENTER CHABAD OF KARBANK NEIL D KATZMAN LORI ANN ASPEN 604 W MAIN ST 301 MERCER BLVD 435 W MAIN ST ASPEN, CO 81611 CHARLEVOIX, MI 49720 ASPEN, CO 81612 MACDONALD BETTE S TRUST MONARCH 111 LLC MURPHY JULIANNE & WILLIAM R JR REV 15 BLACKMER RD 4601 COLLEGE BLVD #300 TRUST ENGLEWOOD, CO 80110 LEAWOOD, KS 66211 9833 SHORELINE DR LONGMONT, CO 80504 NATIONWIDE THEATRES CORP NORTH AND SOUTH ASPEN LLC NORTHWAY LLC 120 N ROBERTSON BLVD 200 S ASPEN ST 106 S MILL ST #202 LOS ANGELES, CA 90048 ASPEN, CO 81611 ASPEN, CO 81611 PERRY EMILY V REVA LLC RODRIGUEZ JOANN 1497 ISABELLA LN PO BOX 1376 605 W MAIN ST #00A SANTA BARBARA, CA 93108 ASPEN, CO 81612 ASPEN, CO 81611 RUFUS CAMI CAMI LLC SCHALL FAMILY TRUST SCHULMAN WILLIAM PAUL 1280 UTE AVE #7 3841 HAYVENHURST DR 301 MERCER BLVD ASPEN, CO 81611 ENCINO, CA 91436 CHARLEVOIX, MI 49720 SCHWARTZ RACHEL KUKES & MARK SEAL MARK SMITH ANDREW C & DONNA G 1061 COUNTRY CLUB RD PO BOX 9213 3622 SPRINGBROOK ST BLOOMFIELD HILLS, MI 483042603 ASPEN, CO 81612 DALLAS, TX 75205 AMBAV-09-008-1 Â®0915 31Â¥IdIAI31 Â®kleAÂ¥ esn 80915 Â®AMBIAÂ¥ i~ LUO,-Al@Ae'AAMAA Buljubld 88,3 Uler ~ Jam Free Printing - www. avery. com ~ AVERYÂ® 5160Â® Use AveryÂ® TEMPLATE 5160Â® 1-800-GO-AVERY 501 WEST MAIN LLC 604 WEST LLC 605 W BLEEKER LLC 532 E HOPKINS AVE 604 W MAIN ST 101 S MILL ST #200 ASPEN, CO 81611-1818 ASPEN, CO 81611 ASPEN, CO 81611 ALPINE BANK ASPEN FAMILY HOLDINGS LLC ASPEN FSP ABR LLC ATTN ERIN WIENCEK 137 WESTVIEW DR 11921 FREEDOM DR #950 PO BOX 10000 ASPEN, CO 81611 RESTON, VA 20190 GLENWOOD SPRINGS, CO 81602 ASPEN HISTORICAL SOCIETY ASPEN MESA STORE LLC ASPEN SQUARE CONDO ASSOC INC 620 W BLEEKER ST C/O ASPEN BLUE SKY HOLDINGS LLC 617 E COOPER ASPEN, CO 81611 PO BOX 8238 ASPEN, CO 81611 ASPEN, CO 81612 BAILEY RYAN TANNER MCKENZIE TRST BANK OF NEW YORK MELLON BERR LLC 50% 8742 LUCENT BLVD #300 611 W MAIN ST BAKER & HOSTETLER LLP HIGHLANDS RANCH, CO 80129 ASPEN, CO 81611 303 E 17TH AVE #1100 DENVER, CO 80203 BLOCKER LAURA G BROOKS NORMAN A & LESLEE S CARINTHIA CORP PO BOX 9213 16311 VENTURA BLVD #690 45 E LUPINE DR ASPEN, CO 81612 ENCINO, CA 91436 ASPEN, CO 81611 CARTER RICHARD P CHRISTIANA UNIT D101 LLC CITY OF ASPEN PO BOX 2932 795 LAKEVIEW DR 130 S GALENA ST TELLURIDE, CO 81435 MIAMI BEACH, FL 33140 ASPEN, CO 81611 CLEANER EXPRESS COCHENER CAROLINE A TRUST #5 CORONA VANESSA LOPEZ 435 E MAIN ST 7309 EAST 21ST ST #120 PO BOX 3670 ASPEN, CO 81611 WICHITA, KS 67206 ASPEN, CO 81612 CORTALE ITA DAHL W ROBERT & LESLIE A DCBD2 LLC PO BOX 12346 83 PECKSLAND RD 1601 ELM ST 8TH FL ASPEN, CO 816129237 GREENWICH, CT 06831 DALLAS, TX 75201 DESTINATION RESORT MGMT INC DILLON RAY IV DRATCH KATE TYCHER 2012 TRUST 610 S WESTEND ST PO BOX 10543 ROSELAND PROPERTY CO / BARBARA ASPEN, CO 816112142 ASPEN, CO 81612 MASCERA 233 CANOE BROOK RD SHORT HILLS, NJ 07078 EMERICK SHELLEY W FARR CHARLOTTE FERGUS ELIZABETH DAWSON 2449 5TH ST 306 MCCORMICK AVE PO BOX 1515 BOULDER, CO 80304 CAPITOLA, CA 95010 ASPEN, CO 81612 AMBAV-09-008-1 Â®09t5 31VldIN31 Â®kleAV esn Â®0915 Â®AXIEAV ~ U[03*JeAe~AAMAA - Buqu!41 -3 wer 1 1 Easy ReelÂ® Labels i A i Bend along line to ~ ~ AVERYÂ® 5160Â® ~ Use AveryÂ® Template 5160Â® , F Er expose Pop-up Edgeâ„¢ 1 A STERTZER ELYANE TOMS CONDO LLC TUCKER LUCY LEA 605 W MAIN ST C/O BRANDT FEIGENBAUM PC PO BOX 1480 ASPEN, CO 81611 132 MIDLAND AVE #4 ASPEN, CO 81611 BASALT, CO 81621 TYCHER DANA 2012 TRUST TYCHER JACK 2012 TRUST ULLR CONDO LLC 150 JOHN F KENNEDY PKV\N ROSELAND PROPERTY CO / BARBARA 6450 AVENIDA CRESTA SHORT HILLS, NJ 07078 MASCERA LA JOLLA, CA 92037 233 CANOE BROOK RD SHORT HILLS, NJ 07078 ULLR HOMEOWNERS ASSOCIATION UMBA ENTERPRISE LLC VERNER DANIEL A & MERYLE 600 E HOPKINS #304 605 W MAIN ST #103 2577 NW 59TH ST ASPEN, CO 81611 ASPEN, CO 81611 BOCA RATON, FL 33496 WAGNER HOLDINGS CORP LLC WENDT ROBERT E 11 WERLIN LAURA B TRUST C/O BILL POSS 350 MT HOLYOKE AVE 2279 PINE ST 605 E MAIN ST PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 ASPEN, CO 81611 WHIPPLE JOHN TAGGART 121 S GALENA ST ASPEN, CO 81611 1. 1 1 ttiquettes facile A peler J Sens de Repliez A la hachure afin de 9 www.avery.com 1 Utilisez le gabarit AVERYÂ® 5160Â® i charaement ravaler le rebord Pop-upâ„¢ 1 1-800-GO-AVERY ; MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Sara Adams, Senior Planner RE: 518 West Main Street., Amendment to 518 West Main Street Subdivision - First Reading of Ordinance #29, Series 2014. DATE: September 8,2014 APPLICANT /OWNER: Peter Fornell STAFF RECOMMENDATION: Staff recommends approval ofthe amendment. LOCATION: ...le..1.-,Mr. 518 West Main Street ~*~ 44 r 1 A W, '36% . CURRENT ZONING & USE . 49. 4 f I I .'*- 1, 2.53., 4 .49 ..1.: I 1. . * 1%7 I I Mixed Use (MU). Current use is 100% . ty affordable housing. -*4 2. 91 - - 6 7/ .1 % SUMMARY OF PROPOSAL: 011 1 - .4. ~ .4 1 1 '.4,".484*.=6 4. - 518 West Main Street was approved in 4.Pf*519 *'. 2011 for 11 affordable housing units - 0 (24 FTEs) through City Council " Ordinance 21, Series of 2011. The $ 9 owner is interested in amending p - - B, Section 8 of the Ordinance to allow - owner selection for one of the - 3/~1*# affordable housing units to a qualified .*=r purchaser. Figure 1: Photograph of existing condition. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval to redevelop the site: â€¢ Subdivision Amendment for a change to an approved subdivision development order per Land Use Code Section 26.480.080.B. City Council is the final review authoritv who may approve, approve with conditions, or deny the proposal based on whether the amendment is consistent with the approved subdivision development order. PROJECT SUMMARY: During Subdivision review at City Council in 2011, the owner requested approval to select 5 initial purchasers of the 11 affordable housing units. The APCHA Guidelines do not address how many initial purchasers can be selected by the applicant for non-mitigation projects; therefore the applicant could place 100% of the units to qualified purchasers. City Council denied the request and included the following language in the Ordinance granting subdivision approval, emphasis added: Section 8: Affordable Housing 1. The units shall be deed-restricted as "for sale" units in accordance with the requirements of Section 26.470.070.4(a-d) of the Municipal Code and the provisions of this Ordinance. Notwithstanding any provision to the contrary that may be contained in the Aspen Municipal Code or the Aspen/Pitkin County Housing Authority (APCHA) Guidelines. all affordable housing units shall be sold to persons or households that meet the Qualifications to Purchase Affordable Housing as set forth in the APCHA Guidelines; and, who are selected through the Lottery Process as described in the APCHA Guidelines. The applicant requests approval to amend the Ordinance to allow the owner to select 1 initial purchaser. The initial purchaser selected by the applicant must be qualified through APCHA, but they do not have to go through the lottery process. Subsequent purchasers are processed through the lottery. APCHA REFERRAL: "The guidelines allow for a developer to choose 1/3 as long as the person is in the top priority - four-year work history prior to application, within that category, not own other property and meets the minimum occupancy requirement. I know that Peter asked for a couple of units when he first went through for approval and the Board did not have a problem. Since he is only asking for one, as long as she is a top priority applicant, APCHA would not have a problem." STAFF COMMENTS: The review criteria for approving an amendment to a Subdivision development order require City Council to find that the proposed change is consistent with the approved plat. Staff finds that non-mitigation affordable housing projects are not addressed in the APCHA Guidelines regarding selecting qualified purchasers; however developers in the AH/PUD zone district are permitted the ability to select initial purchasers of 1/3 of the units. Staff finds that the amendment is consistent with the subdivision, which approved a 100% affordable housing project, and is supportive of the amendment to allow the selection of one initial qualified purchaser. RECOMMENDATION: Staff recommends that the request to amend Ordinance #21, Series of 2014, Section 8.1 is approved on first reading. RECOMMENDED MOTION: "I move to approve Ordinance No. 29, Series of 2014 on First Reading." 518 W. Main St - Subdivision Amendment StaffMemo Page 2 of 3 CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance #29, Series of 2014 Exhibit A - City Council Ordinance #21, Series of 2011. Exhibit B - Application. 518 W. Main St - Subdivision Amendment Staff Memo Page 3 of 3 ORDINANCE N0.29, (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUBDIVISION AMENDMENT FOR THE DEVELOPMENT OF THREE MULTI-FAMILY BUILDINGS, INCLUDING ELEVEN AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 518 WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS P, Q, AND M OF LOT O, BLOCK 30, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL NO. 2735-124-43-006 WHEREAS, the Community Development Department received an application from Fat City Holdings manager Peter Fornell requesting approval of a Subdivision Amendment regarding Section 8.1 of Ordinance No. 21, Series of 2011 ; and, WHEREAS, the property is located within the Mixed Use (MU) Zone District and is included on the Aspen Inventory of Sites and Structures as a local historic landmark and a contributing resource within the Main Street Historic District; and, WHEREAS, City Council approved Ordinance No. 21, Series of 2011 granting Subdivision approval for an affordable housing development for 11 affordable housing units and 24.0 FTEs; and, WHEREAS, the Community Development Department received referral comments from Aspen Pitkin County Housing Authority; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of Subdivision Amendment; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Ordinance No. 21, Series of 2011, Section 8.1 Affordable Housing, is hereby amended and shall read as follows [emphasis added]: 1. The units shall be deed-restricted as "for sale" units in accordance with the requirements of Section 26.470.070.4(a-d) of the Municipal Code and the provisions of this Ordinance. Notwithstanding any provision to the contrary that Ordinance No. 29, Series of2014 Page 1 of 3 may be contained in the Aspen Municipal Code or the Aspen/Pitkin County Housing Authority (APCHA) Guidelines, affordable housing units shall be sold to persons or households that meet the Qualifications to Purchase Affordable Housing as set forth in the APCHA Guidelines; and, who are selected through the Lottery Process as described in the APCHA Guidelines with the exception that the applicant shall be entitled to select first purchaser for one of the affordable housing units, subject to the Aspen/Pitkin County Housing Authority Guidelines. After initial sale, the units shall be sold through the Aspen/Pitkin County Housing Authority lottery system. Section 2: 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 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 5: A public hearing on this ordinance shall be held on the 22nd day of September, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same 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 9th day of September, 2014. Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk FINALLY, adopted, passed and approved this Ordinance No. 29, Series of 2014 Page 2 of 3 Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk APPROVED AS TO FORM: James R. True, City Attorney Ordinance No. 29, Series of 2014 Page 3 of 3 A. ORDINANCE NO. 21, (SERIES OF 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING SUBDIVISION FOR THE DEVELOPMENT OF THREE MULTI-FAMILY BUILDINGS, INCLUDING ELEVEN AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 518 WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS P, Q, AND M OF LOT O, BLOCK 30, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL NO. 2735-124-43-006 WHEREAS, the Community Development Department received an application from Fat City Holdings manager Peter Fornell requesting approval of Subdivision to redevelop 518 West Main Street by rehabilitating the historic home and constructing two (2) new detached multi-family structures, for a total of 3 buildings on the site, with the entire project containing eleven (11) affordable housing units equivalent to twenty-four (24) full time equivalents; and, WHEREAS, the property is located within the Mixed Use (MU) Zone District and is included on the Aspen Inventory of Sites and Structures as a local historic landmark and a contributing resource within the Main Street Historic District; and, WHEREAS, at the March 23, 2011 meeting of the Historic Preservation Commission, continued from February 23, 2011, the Historic Preservation Commission approved Resolution No. 4, Series of 2011, by a four to three (4-3) vote approving Demolition, Relocation, Setback Variances, Conceptual Major Development review, a reduction of the parking requirement to 8 onsite parking spaces, and a reduction of the dimensions of the trash, utility and recycle area; and, WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, at the May 17, 2011 meeting of the Planning and Zoning Commission, the Planning and Zoning Commission approved Resolution No. 11, Series of 2011, by a five to zero (5 - 0) vote approving 11 Growth Management allotments for the development of affordable housing, approving the establishment of affordable housing credits equal to 24.0 full time equivalents, and recommending approval of Subdivision to City Council; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Transportation Department, Utilities Department, Fire Protection District, Ordinance No. 21, Series of 2011 Page 1 0 f 9 Environmental Health and Parks Department as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of Subdivision Review; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Subdivision of 518 West Main Street and all of the necessary associated land use actions to construct an eleven (11) unit affordable housing development with the conditions contained herein: Section 2: Subdivision Agreement The Applicant shall record a Subdivision agreement (hereinafter "Agreement") that meets the requirements of the Land Use Code within 180 days of approval. The 180 days shall commence upon the granting of a Certificate of Appropriateness by the Historic Preservation Commission. The Applicant shall condominiumize the units after substantial completion of the project. The condominium plat(s) shall be reviewed administratively. The Agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Section 3: Certificate of Appropriateness for Development of a Historic Landmark The Applicant is required to receive a Certificate of Appropriateness for the Development of a Historic Landmark prior to submission of a building permit. Section 4: Building Permit Application The building permit application shall include the following: a. A copy ofthe final Ordinance and recorded P&Z and HPC Resolutions. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. Ordinance No. 21, Series of 2011 Page 2 of 9 d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted city standards. e. An excavation stabilization plan and drainage report pursuant to the Building Department's requirements and construction management plan (CMP). The CMP shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust, and crosion/sediment pollution. f. A detailed excavation plan for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. h. A formal site plan indicating the location ofthe tree protection. i. A landscape plan proposing improvements for the Right of Way pursuant to Chapter 21. Section 5: Engineering Final design and analysis shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A site drainage design and storm water runoff mitigation measures shall be conceptually approved by the Engineering Department prior to Final HPC approval. If the drainage design cannot meet city standards, the design may need to be amended and may require review and approval by City Council and/or the Historic Preservation Commission. Due to the current condition of the sidewalk, curb and gutter abutting the property the sidewalk, curb and gutter shall be replaced prior to granting of a Certificate of Occupancy pursuant to city standards. Section 6: Environmental Health Prior to remodel or demolition, including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. Section 7: Parks Tree permit: The tree permit shall be submitted for approval prior to building permit submittal. Said permit shall outline protection ofexisting trees, drip line excavations and mitigation for any removals as referenced in Chapter 13.20 of the Aspen Municipal Code, A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site pursuant to Aspen Municipal Code Section 13.20. Ordinance No. 21, Series of2011 Page 3 of 9 Irrigation oftrees is required throughout the entire length of the project. Any access across or through the area of protection is prohibited at all times. Protection for existing lilacs: Tree protection is required for the existing Lilacs located on the property. These protection measures shall meet the standards of the Parks Department and goals of the Historical Preservation Committee to be approved by the City Forester. ROW Improvements: Landscaping in the public right of way shall be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved first by the City Parks Department. Final plans shall show compliance with these requirements by way of new street trees, irrigation and sod, all of which is subject to approval by the City Forester. Concurrent with changes to the alignment of the Main Street sidewalk, the exposed area shall be re-vegetated and irrigated for a new parkway with sod. Coordination with the Parks Department shall be required to protect roots during installation of the irrigation system. An irrigation system shall be required the entire length of the ROW. Section 8: Affordable Housing 1. The units shall be deed-restricted as "for sate" units in accordance with the requirements of Section 26.470.070.4(a-d) of the Municipal Code and the provisions of this Ordinance. Notwithstanding any provision to the contrary that may be contained in the Aspen Municipal Code or the Aspen/Pitkin County Housing Authority (APCHA) Guidelines, all affordable housing units shall be sold to persons or households that meet the Qualifications to Purchase Affordable Housing as set forth in the APCHA Guidelines; and, who are selected through the Lottery Process as described in the APCHA Guidelines. 2. Amendments to the affordable housing category shall be processed as follows: a. Reducing the category level requires administrative review by the Community Development Director. b. Increasing the category level requires review by the City Council. 3. The deed-restriction shall be recorded prior to or at the time of recordation of the Condominium Plat and prior to transfer. 4. The following is approved: Table 2: Affordable Housing Unit details # of FTEs Unit # Bedrooms Category generated 1 2 2 2.25 12 2 2 2.25 3 2 2 2.25 i 4 2 3 2.25 5 2 3 2.25 6 1 2 1.75 7 studio 2 1.25 8 2 2 2.25 Ordinance No. 21, Series of2011 Page 4 of 9 9 2 2 2.25 10 2 2 2.25 11 3 2 3.00 Totals 21 24 Section 9: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved the issuance of Certificates of Affordable Housing Credits, such certificates to be granted subsequent to issuance of a Certificate of Occupancy for the project. The Applicant understands that the City may adopt regulations in the future requiring that Certificates of Affordable Housing be recorded with the Pitkin County Clerk and Recorders Office so that their ownership can be properly tracked. Applicant shall comply with all such regulations that are adopted by the City and in effect at the time that Certificates of Affordable Housing are issued to the Applicant. Table 3: Certificates of Affordable Housing Certificates of Unit Type Employee Housed Number of Units ANordable Housing studio 1.25 1 1.25 One bedroom 1.75 1 1.75 Two bedroom 2.25 8 18 Three bedroom 3.00 1 3 Total 24 Section 10: Aspen Consolidated Sanitation District Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Soil Nails are not allowed in the public ROW above ACSD main sewer lines and within 3 feet vertically below an ACSD main sewer line. The old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements, before any and all soil stabilization measures are attempted and prior to ACSD releasing any and all permits. A separate ACSD permit is required. Section 11: Fire Department All structures, regardless of size, shall have installed approved life safety systems (i.e. fire sprinklers and fire alarms), and meet adopted city standards. Section 12: Utilities Department Requirements The Applicant shall comply with the City of Aspen Water System Standards and with Title' 25 of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 13: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to Building Permit issuance for the excavation/stabilization permit. The City of Aspen Community Development Ordinance No. 21, Series of 2011 Page 5 of 9 Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of Building Permit submittal. Section 14: Impact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee and Transportation Demand Management (TDM)/Air Quality impact fee assessed at the time of Building Permit application submittal and paid at Building Permit issuance for the excavation/stabilization permit. The amount shall be calculated using the methodology and fee schedule in effect at the time of Building Permit submittal. Section 15: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 16: Financial Assurances - Performance Bond (a) The Applicant commits and agrees that before a Building Permit is issued for excavation/stabilization the 518 West Main Street development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) The Applicant further commits and agrees that before a Building Permit is issued for the 518 West Main Street development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision Agreement. The Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. Section 17: Site Protection Fund The Applicant hereby commits and agrees that before a Building Permit is issued for the development approved by this Ordinance (the 'Project'), the Applicant shall deposit with an "Escrow Agent" the sum of $100,000 in the form of cash or wired funds (the "Escrow Ordinance No. 21, Series of 2011 Page 6 of 9 Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: In the event construction work on the Project shall cease for sixty (60) days or longer ('work stoppage') prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. The City shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time. Section 18: Public Improvements A Certificate of Occupancy or a Conditional Certificate of Occupancy shall not be issued for the project until all public improvements have been completed. The public improvements shall include, but are not necessarily limited to, the sidewalk improvements set forth at Â§6 an Â§8 herein, compliance with the parks plans referenced in Â§8 herein, the sanitation district requirements set forth at Â§ 11 herein, the school land dedication requirement set forth at Â§ 14 herein, and the transportation impact fees set forth at Â§ 15 herein. Section 19: Vested Rights The development approvals granted herein are conditioned on the issuance of a Certificate of Appropriateness from the Historic Preservation Commission. The development approvals granted herein shall constitute a site-specific development plan and a vested properly right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Ordinance No. 21, Series of 2011 Page 7 of 9 No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 518 West Main Street with a legal description of Lots P, Q and 4 of O, Block 30, City and Townsite of Aspen Colorado, by Ordinance ofthe City Council ofthe City ofAspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 20: 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 Historic Preservation Commission, Planning and Zoning Commission or 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 21: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereof. Ordinance No. 21, Series of 2011 Page 8 of 9 Section 23: A public hearing on this ordinance shall be held on the 25th day of July, 2011, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 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 ofthe City of Aspen onthe 27th day ofJune, 2011. 8-79-2 Michaeltreland, Mayor ATTEST: ~i~ 4, -1--i Kathryn S~(och, Ci@ tlerk FINALLY, adopted, passed and approved this 8th day of August, 2011. CHORIBRIa-i,#â€ž Michael Irdland, Mayor ATTEST: daÂ»- j /4-- 'Kathryn S. I~, City Clerk APPROVED AS TO FORM: ~reester, City Attorney Ordinance No. 21, Series of 2011 Page 9 of 9 14 To: City of Aspen community development From: Peter Cornell Date: July 23,2014 Re: 518 W. Main Street Dear Sirs, My name is Peter Fornell, manager member of Fat City Holdings owner of 518 W. Main St. I am the authorized representative of the LLC. The address of record of us is 402 Midland Park Place, Aspen CO 81611. Contact phone number 970.379.3434. Written description of the proposal: I am requesting a minor change to ordinance 21, series of 2011 to permit us to pick one of the buyers of the 11 affordable housing units newly created by our group. Within the land use code, it is permitted for a developer of affordable housing to select 1/3 of the purchasers of those units created. My request to choose one of the qualified buyers only constitutes 8% and is within the permitted use under the code. Thank you for your consideration and I look forward to discussing this with you at your earliest convenience in that the units are nearly completed and the lottery should run in the near future. Sincerely, Peter Fornell Parcel ID 2735-124-430-0614 5 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker DATE: 7/21/14 PROJECT: 518 W. Main REPRESENTATIVE: Peter Fornell REQUEST: Subdivision Amendment DESCRIPTION: An affordable housing project at 518 W. Main Street was approved per Ordinance No. 21, Series of 2011. This Ordinance required all affordable housing units to be sold to persons or households who are selected through the Lottery Process as described in the APCHA Guidelines. The applicant would like to pick an owner for one of the units. This requires an amendment to Ordinance No. 21, Series of 2011, which requires a hearing before City Council. Historically, APCHA has allowed the developer of new affordable housing units to select up to 1/3 of the owners. The unit would still be considered voluntary, and not required for mitigation, so the applicant would still be eligible to receive a Certificate of Affordable Housing Credit for the unit. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin,com/Portals/0/docs/City/Comdev/Apps% 20and% 20Fees/2013% 20land% 20use% 20app% 20form. 2Â£!f Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures Review by: Staff for completeness City Council Public Hearing: Yes, City Council Neighborhood Outreach: None Planning Fees: $4,550 for 14 hours of staff time. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referrals: $975 flat fee APCHA Total Deposit: $5525 To apply, submit the following information: O Completed Land Use Application and signed fee agreement. 0 Pre-application Conference Summary (this document). Parcel ID 2735-124-430-065 THE CrrY OF AspEN Land Use Application Determination of Completeness Date: July 29,2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0061.2014. ASLU- 518 W. Main - Ordinance Amendment. Sara Adams will be the planner for the land use case. O Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City o f Aspen Planner reviewing the land use application. ~41 Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You. 06. ]EAnifer(~~lan, Deputy Planning Director City o f Aspen, Community Development Department For Office Use Onlv: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes - No-*- Subdivision, SPA, or PUD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No DG Commercial E. P.F. Lodging ORDINANCE NO. 21, (SERIES OF 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING SUBDIVISION FOR TIIE DEVELOPMENT OF THREE MULTI-FAMILY BUILDINGS, INCLUDING ELEVEN AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 518 WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS P, Q, AND M OF LOT O, BLOCK 30, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL NO. 2735-124-43-006 WHEREAS, the Community Development Department received an application 8 1 from Fat City Holdings manager Peter Fornell requesting approval of Subdivision to 0 Â¢0 redevelop 518 West Main Street by rehabilitating the historic home and constructing two 00 1 -4 0 5*2 0 (2) new detached multi-family structures, for a total of 3 buildings on the site, with the entire project containing eleven (11) affordable housing units equivalent to twenty-four (24) full time equivalents; and, O M L Â·- UJOO 1 WHEREAS, the property is located within the Mixed Use (MU) Zone District and is included on the Aspen Inventory of Sites and Structures as a local historic landmark and a contributing resource within the Main Street Historic District; and, WHEREAS, at the March 23, 2011 meeting of the Historic Preservation Commission, continued from February 23, 2011, the Historic Preservation Commission approved Resolution No. 4, Series of 2011, by a four to three (4-3) vote approving Demolition, Relocation, Setback Variances, Conceptual Maj or Development review, a reduction of the parking requirement to 8 onsite parking spaces, and a reduction of the dimensions of the trash, utility and recycle area; and, WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, at the May 17, 2011 meeting of the Planning and Zoning Commission, the Planning and Zoning Commission approved Resolution No. 11, Series of 2011, by a five to zero (5 - 0) vote approving 11 Growth Management allotments for the development of affordable housing, approving the establishment of affordable housing credits equal to 24.0 full time equivalents, and recommending approval of Subdivision to City Council; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Transportation Department, Utilities Department, Fire Protection District, Ordinance No. 21, Series of2011 Page 1 of 9 : 585786, 01/10/2012 at ill,Cp~tdke,nOC~25 Environmental Health and Parks Department as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of Subdivision Review; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Subdivision of 518 West Main Street and all of the necessary associated land use actions to construct an eleven (11) unit affordable housing development with the conditions contained herein: Section 2: Subdivision Agreement The Applicant shall record a Subdivision agreement (hereinafter "Agreement") that meets the requirements of the Land Use Code within 180 days of approval. The 180 days shall commence upon the granting of a Certificate of Appropriateness by the Historic Preservation Commission. The Applicant shall condominiumize the units after substantial completion of the project. The condominium plat(s) shall be reviewed administratively. The Agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Section 3: Certificate of Appropriateness for Development of a Historic Landmark The Applicant is required to receive a Certificate of Appropriateness for the Development of a Historic Landmark prior to submission of a building permit. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z and HPC Resolutions. b. The conditions of approval printed on the cover page ofthe building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. Ordinance No. 21, Series of 2011 Page 2 of 9 d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted city standards. e. An excavation stabilization plan and drainage report pursuant to the Building Department's requirements and construction management plan (CMP). The CMP shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust, and erosion/sediment pollution. f. A detailed excavation plan for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. h. A formal site plan indicating the location of the tree protection. i. A landscape plan proposing improvements for the Right of Way pursuant to Chapter 21. Section 5: Engineering Final design and analysis shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A site drainage design and storm water runoff mitigation measures shall be conceptually approved by the Engineering Department prior to Final HPC approval. If the drainage design cannot meet city standards, the design may need to be amended and may require review and approval by City Council and/or the Historic Preservation Commission. Due to the current condition of the sidewalk, curb and gutter abutting the property the sidewalk, curb and gutter shall be replaced prior to granting of a Certificate of Occupancy pursuant to city standards. Section 6: Environmental Health Prior to remodel or demolition, including removal of drywall, can?et, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. Section 7: Parks Tree permit: The tree permit shall be submitted for approval prior to building permit submittal. Said permit shall outline protection of existing trees, drip line excavations and mitigation for any removals as referenced in Chapter 13.20 of the Aspen Municipal Code. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site pursuant to Aspen Municipal Code Section 13.20. Ordinance No. 21, Series of2011 Page 3 of 9 Irrigation of trees is required throughout the entire length of the project. Any access across or through the area of protection is prohibited at all times. Protection for existing lilacs: Tree protection is required for the existing Lilacs located on the property. These protection measures shall meet the standards of the Parks Department and goals of the Historical Preservation Committee to be approved by the City Forester. ROW Improvements: Landscaping in the public right of way shall be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved first by the City Parks Department. Final plans shall show compliance with these requirements by way of new street trees, irrigation and sod, all of which is subject to approval by the City Forester. Concurrent with changes to the alignment of the Main Street sidewalk, the exposed area shall be re-vegetated and irrigated for a new parkway with sod. Coordination with the Parks Department shall be required to protect roots during installation of the irrigation system. An irrigation system shall be required the entire length ofthe ROW. Section 8: Affordable Housing 1. The units shall be deed-restricted as "for sate" units in accordance with the requirements of Section 26.470.070.4(a-d) of the Municipal Code and the provisions of this Ordinance. Notwithstanding any provision to the contrary that may be contained in the Aspen Municipal Code or the Aspen/Pitkin County Housing Authority (APCHA) Guidelines, all affordable housing units shall be sold to persons or households that meet the Qualifications to Purchase Affordable Housing as set forth in the APCHA Guidelines; and, who are selected through the Lottery Process as described in the APCHA Guidelines. 2. Amendments to the affordable housing category shall be processed as follows: a. Reducing the category level requires administrative review by the Community Development Director. b. Increasing the category level requires review by the City Council. 3. The deed-restriction shall be recorded prior to or at the time of recordation of the Condominium Plat and prior to transfer. 4. The following is approved: Table 2: Affordable Housing Unit details # of FrEs Unit # Bedrooms Category generated 1 2 2 2.25 2 2 2 2.25 3 2 2 2.25 i 4 2 3 2.25 5 2 3 2.25 6 1 2 1,75 7 studio 2 1.25 8 2 2 2.25 Ordinance No. 21, Series of2011 Page 4 of 9 9 2 2 2.25 10 2 2 2.25 11 3 2 3.00 Totals 21 24 Section 9: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved the issuance of Certificates of Affordable Housing Credits, such certificates to be granted subsequent to issuance of a Certificate of Occupancy for the project. The Applicant understands that the City may adopt regulations in the future requiring that Certificates of Affordable Housing be recorded with the Pitkin County Clerk and Recorders Office so that their ownership can be properly tracked. Applicant shall comply with all such regulations that are adopted by the City and in effect at the time that Certificates of Affordable Housing are issued to the Applicant. Table 3: Certificates of Affordable Housing Certificates of Unit Type Employee Housed Number of Units Affordable Housing studio 1.25 1 1.25 One bedroom 1.75 1 1.75 Two bedroom 2.25 8 18 Three bedroom 3.00 1 3 Total 24 Section 10: Aspen Consolidated Sanitation District Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Soil Nails are not allowed in the public ROW above ACSD main sewer lines and within 3 feet vertically below an ACSD main sewer line. The old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements, before any and all soil stabilization measures are attempted and prior to ACSD releasing any and all permits. A separate ACSD permit is required. Section 11: Fire Department All structures, regardless of size, shall have installed approved life safety systems (i.e. fire sprinklers and fire alarms), and meet adopted city standards. Section 12: Utilities Department Requirements The Applicant shall comply with the City of Aspen Water System Standards and with Title' 25 of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 13: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to Building Permit issuance for the excavation/stabilization permit. The City of Aspen Community Development Ordinance No. 21, Series of2011 Page 5 of 9 Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of Building Permit submittal. Section 14: Impact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee and Transportation Demand Management (TDM)/Air Quality impact fee assessed at the time of Building Permit application submittal and paid at Building Permit issuance for the excavation/stabilization permit. The amount shall be calculated using the methodology and fee schedule in effect at the time of Building Permit submittal. Section 15: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 16: Financial Assurances - Performance Bond (a) The Applicant commits and agrees that before a Building Permit is issued for excavation/stabilization the 518 West Main Street development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) The Applicant further commits and agrees that before a Building Permit is issued for the 518 West Main Street development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision Agreement. The Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. Section 17: Site Protection Fund The Applicant hereby commits and agrees that before a Building Permit is issued for the development approved by this Ordinance (the 'Project'), the Applicant shall deposit with an "Escrow Agent" the sum of $100,000 in the form of cash or wired funds (the "Escrow Ordinance No. 21, Series of 2011 Page 6 of 9 Funds") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: In the event construction work on the Project shall cease for sixty (60) days or longer ('work stoppage') prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. The City shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time. Section 18: Public Improvements A Certificate of Occupancy or a Conditional Certificate of Occupancy shall not be issued for the project until all public improvements have been completed. The public improvements shall include, but are not necessarily limited to, the sidewalk improvements set forth at Â§6 an Â§8 herein, compliance with the parks plans referenced in Â§8 herein, the sanitation district requirements set forth at Â§ 11 herein, the school land dedication requirement set forth at Â§ 14 herein, and the transportation impact fees set forth at Â§ 15 herein. Section 19: Vested Rights The development approvals granted herein are conditioned on the issuance of a Certificate of Appropriateness from the Historic Preservation Commission. The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Ordinance No. 21, Series of 2011 Page 7 of9 No later than fourteen (14) days following final approval of this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 518 West Main Street with a legal description of Lots P, Q and 14 of O, Block 30, City and Townsite of Aspen Colorado, by Ordinance ofthe City Council ofthe City ofAspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 20: 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 Historic Preservation Commission, Planning and Zoning Commission or 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 21: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Ordinance No. 21, Series of 2011 Page 8 of 9 Section 23: A public hearing on this ordinance shall be held on the 25th day of July, 2011, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 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 ofAspen on the 27th day of June, 2011. 8-77- 2- Michael*eland, Mayor ATTEST: 1Â«iD te_.u Kathryn S~Coch, Ci@ Clerk FINALLY, adopted, passed and approved this 8~ day of August, 2011. Â«Gue -8.b 1, Michael IrAand, Mayor ATTEST: haÂ»_) 4,-- 'Kathryn S. ]~0, City Clerk APPROVED AS TO FORM: g-141~67 73mm #nv orcester, City Attorney Ordinance No. 21, Series of 2011 Page 9 of 9 Tue, Jun 28,20 17:24:58 6703607 ord. 3.4 Joil Ad Ticket #5 51 5 *1 . pilcz< . j Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: ANGELA SCOREY Client: Caller: Kathryn Koch City: Aspen _Receipt State: CO Zip: 81611 Ad Name: 6703607A Original Id: 6703462 Editions: 8ATI/8ATW/ Class: 0990 Start: 07/03/11 Stop: 07/03/11 Color: Issue 1 Copyline: atw Ordinance #21 Rep: AT Legals LEGAL NOTICE Lines: 20 ORDINANCE #21, 2011, PUBLIC HEARING Ordinance #21. Seriesof 2011. was adopted on Depth: 1.68 first reading at the City Council meeting June 27, 2011. This ordinance, if adopted, will approve a Columns: 1 subdivision at 518 West Main Street to develop Discount: 0.00 affordable housing. The public hearing on this rdinance is scheduled for July 25,2011 at 5 PM. Commission: 0.00 City hall, 130 South Galena. Net: 0.00 To see the entire text, go to the city's legal notice website Tax: 0.00 http://www.aspenpitkin.com/Depanments/Clerki Legal- Noticesl Total 4 10.12 Payment 0.00 call the city clerk's office, 429-2686. If you would like a copy FAXed or e-mailed to you, Published in the Aspen Times Weekly on July 3, 2011. [6703462] Ad shown is not actual print size 1 THE FORNELL 518 W. Main Street, Aspen Colorado RECEIVED JUL 2 5 2014 CITY OF ASPEN COMMLINITY DEVELOPMENT Land Use Application July 23.2014 Contents: Page: Contents 1 Signed Fee Agreement 2 Land Use Application Docum.ent 3-4 Pre-Application Conference Summary 5-6 Title Certificate 7-12 HOA Compliance Document 13 Written Description of Work & Representative 14 Vicinity Map 15 Parcel ID 2735-124-430-061 2 60 61Â·20 4.AS L r---- I --- - 13Â©tdit 1.ti # 1 ILA'10*1#~101,Rll i Oil, 1, 141:T 14L{Q't AU- -4.6.-~~-6.*~-4-LL ~ ~~~a~~- ~~~- ~LUI --- L- _....611 11-- 1/.Fl Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property â‚¬01-Ct 111-{Cle# l.,4 & Phone No.: 3-19 - 39 14 owner (77: p,Ar< Fec~ e. 1 l Email: 6 -FoÂ«ellÂ®COMPO-54*. A et Address of S /9 60 0\10,1 pl Billing 4 c.,1 0/\ i <0 4Â».c.P i]LW<k Property: Address: (subject of /1- application) ' 1 -~~ #11 , ( 0 (send bills here) 4 9Â° e&./ co ?(Cd / 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. 0 Select Dept 0 Select Dept $ flat fee for $- flat fee for . 0 $ flat fee for Select Dept 0 Select Review . $ flat fee for For deposit cases only. The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 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. $Â·~ deposit for i O hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $0 0 deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. Cityof Aspen: pro-1 4*Er-)- r) 0 4 17 Chris Bendon Community Development Director Name: . Ak FAr,)% ' c City Use: ~ Title: A'l Â¢hÂ·~\ er~A'\0Â·bÂ·y~g 94 J Fees Due: $ Received: $ Â·4 ":1.,iÂ·b.2(113 Cit> liC.\2.pell 1 41 0. (, 1!:...1 0:. 09 1,1,1' 1.:11,/1 Parcel ID 2735-124-430-062 3 0Â©G, 1. ; 4.,el_Lt ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: fÂ·41--ec- FnÂ«xe C C Location: S I F.Ld r-- (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 51 -2 1 5, t 2 60/ 6~ 3 00 G APPLICANT: Name: Prifk-.e,/j Address: 41~ i Ce,J:P vack 4-tz>*\ c co Phone #: 39-9 4 -34 14 REPRESENTATIVE: Name: SCOA-- 2 Address: Phone #: TYPE OF APPLICATION: (please check all that apply): GMQS Exemption E Conceptual PUD E Temporary Use GMQS Allotment Â£ Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision El Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes ~ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Â£ Commercial Design Review E Lot Split U Small Lodge Conversion/ ~xpansion 3 Residential Design Variance U Lot Line Adjustment ,~0,C20' Other: U Conditional Use EXISTING CONDITIONS: (description of existi7 buildings, uses, previous approvals, etc.) o-i+Grer_*L{e An,r.~-Â»t- c)-lVs PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) rego c.st ck ae r Th o C 1 1 one br 4 96 \3 Haye-you attached the following? FEES DUE: $ 8 De-Application Conference Summary .[24ttachment # 1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form El Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards Â£ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. Parcel ID 2735-124-430-063 mmum 4 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: EL, -el 1 Applicant: 2-eger â‚¬U â‚¬v.e. 91 Location: S / r U.J Â· A\<1 0- Zone District: F\A U Lot Size: -4-Soo Lot Area: (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: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing, Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Vari*ions requested: C.(AnoÂ· ScE (*- C J rt\A e. 9 4.,cx\~ 6 f Â«3/ 12>c )3 c v.-- Parcel ID 2735-124-430-064 5 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker DATE: 7/21/14 PROJECT: 518 W. Main REPRESENTATIVE: Peter Fornell REQUEST: Subdivision Amendment DESCRIPTION: An affordable housing project at 518 W. Main Street was approved per Ordinance No. 21, Series of 2011. This Ordinance required all affordable housing units to be sold to persons or households who are selected through the Lottery Process as described in the APCHA Guidelines. The applicant would like to pick an owner for one of the units. This requires an amendment to Ordinance No, 21, Series of 2011, which requires a hearing bebe City Council. Historically, APCHA has allowed the developer of new affordable housing units to select up b 1 /3 of the owners. The unit would still be considered voluntary, and not required for mitigation, so the applicant would still be eligible b receive a Certificate of Affordable Housing Credit for the unit, Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: 1110://www,asplopit!-locomf.Poft@ls/OfÂ®cs/CA/Com*tv*/3.- .. %20@nd%20?ees/2013%29%-114%?OuseÂ°%293[)p%20form. Ni Land Use Code: http:#www,aspenpitkin.com/Departments/Commci-:9-Development/Planning-and-Zo.n.ing/Title-26-Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures Review by: Staff for completeness City Council Public Hearing: Yes, City Council Neighborhood Outreach: None Planning Fees: $4,550 for 14 hours of staff time. Any unbilled portion of this deposit will be refunded at the conclusion of the case, Additional staff hours, if needed, will be billed at $325 per hour. Referrals: $975 flat fee APCHA Total Deposit: $5525 To apply, submit the following information: El Completed Land Use Application and signed fee agreement. 0 Pre-application Conference Summary (this document). Parcel ID 2735-124-430-065 6 0 Total deposit for review of the application. Il 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. D 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. Il An 81/2"by 11"vicinity map locating the parcel within the City of Aspen. 0 10 Copies of the complete application packet and, if applicable, associated drawings. 0 A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Parcel ID 2735-124-430-066 7 CERTIFICATE OF OWNERSHIP The undersigned, an Attorney licensed to practice law in the State of Colorado with Colorado Supreme Court Registration No. 010240 hereby certifies the ownership of the following real property located at 518 W. Main Street, Aspen, Pitkin County, Colorado (the "Property"). 1. The parcel proposed for development is legally described as follows: Lots P & and the East one-half of Lot O, Block 30, City and Townsite of Aspen Also known as 518 W. Main Street, Aspen CO 81611 2. The names of all owners of the property are as follows: FAT CITY HOLDINGS, LLC, a Colorado limited liability company 3. The Property is not subject to any mortgages, judgments or liens, other than the lien for 2014 ad valorem real property taxes, payable in 2015. 4. A list of all easements, contracts and agreements affecting the Property is as follows: (a) Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 357 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". (b) Ordinance by Aspen Historic Preservation Committee recorded October 25, 1975 in Book 321 at Page 51. (c) Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded March 30,2011 as Reception No. 578767 as Resolution No. 4, Series of 2011. (d) Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning and Zoning Commission recorded May 20, 2011 as Reception No. 580044 as Resolution No. 11, Series of 2011. (e) Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded December 8,2011 as Reception No. 584896 as Resolution No. 13, Series of 2011. (f) Terms, conditions, provisions and obligations as set forth in Subdivision Improvement Agreement for 518 West Main Street recorded January 6,2012 as Reception No. 585689. 1 BurleÂ¥185199%619 4-430-067 8 (g) Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 21, Series of 2011 by the City Council of the City of Aspen, Colorado recorded January 10, 2012 as Reception No. 585786. 5. Fat City Holdings, LLC acquired title to the Property on March 10, 2010, pursuant to the Deed recorded as Reception No. 567518 of the records of Pitkin County, Colorado, and the Deed recorded as Reception No. 567522 of the records of Pitkin County, Colorado, copies of which are attached. 6. The owner Fat City Holdings, LLC has t*F*ht,tto apply for development of the Property as the sole and exclusive owner of the Prop?r@. ,~,Z..7-0--=29 Dated: July 24,2014 \ B. Joi*ilerEacher Attorney at Law 320 W. Main Street Aspen CO 81611 STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) The foregoing Certificate of Ownership was acknowledged before me, a Notary Public in and for the State of Colorado, by B. Joseph Krabacher, personally known to me to be the person who subscribed the within instrument this 24th day of July, 2014. Witness my hand and seal. My Commission Expires: 7Â·//Â·45' 2~11 4.01,~~** Notary Public vÂ·' NOTARY k â‚¬... PUBLIC : 438'86&0'~ 4 Co-i:Non Expires 07/11/2015 2 BUS RE/5300667 1 Parcel l[)2735-124-430-068 RECEPTION#: 567522, 03/10/'-010 at 03:00:40 PM, 1 OF 2, R $11.00 DF $100.00 Janice K. Vo udill, Pitkin County, CO WARRANTY DEED State Doc Fee: $ 100.00 THIS DEED, is dated the 10th day of March, 2010, and is made between Eileen L. Ilgen. as to an undivided 50% interest and Daniel R. SodetÂ·berg, as to an undivided 50% interest the "Grantor," of the County of Pitkin and State of Colorado, and Fat City Holdings, LLC, a Colorado limited liability company Midland the "Grantee." whose legal address is: do Peter Fornell. 40*'ark Place, Aspen CO 81611 of the County of Pitkin and State of Colorado WITNESS, that the Grantor, for and in consideration of the sum of ( Sl.000,000.00 ) One Million dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged. hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with improvements thereon, located in the County of Pitkin and State of Colorado described as follows: AN UNDIVIDED M CONE-HALF) INTEREST IN AND TO: Lots P and Q, and the East One-Half ( M ) of Lot O, Block 30, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN. STATE OF COLORADO also known by street and number as: 518 West Main Street, Aspen. CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. i The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee. and the Grantee's heirs and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well , seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as ; aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to those matters set forth in Exhibit "A" attached hereto and made a part hereof. And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. i IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. â‚¬43.1-441,8 211 eÂ£/k/- Eileen L. Ilge< as loan undi@40.50% interest /7 Daniel R. Soderberg, as to an undivided 19%;bdrest 9>176Â«2/ U State of Colorado ) ) SS. County of Pitkin ) : The foregoing instrument was acknowledged before me this 10111 day of March. 2010, by Eileen L. Ilgen, by Dan Soderberg as attorney-in-fact and Daniel R. Soderberg, individually Witness my hand and official seal. UKUka tr~6.Ut. Notary Public: V CITY OF AÂ©FEN MBrb~**81'51*es: HRETT FAID DATE REP NO. DATE ~ ~42 LO' 0371 /2.- Â»71gh - ..68 8 stewart title Order Number= 924397-03 Parcel I D 2735Â·Â·*24-4004380Warranty Deed (For Photographic Record) My Co-ission *0~ DÂ¥~8/2011 67' 42*2,97 RECEPTION#: 567522, 03/10/201- at 03:00:40 PM, 2 OF 2, Janic*D K. Vos Caudill, Pitki: unty, CO EXHIBIT A EXCEPTIONS 1. Water rights, claims or title to water. : 2. Taxes for the year 2010 and subsequent years not yet due and payable. 3. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 4. Exceptions and reservations as set forth in the Act authorizing the issuance ofthe Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 5. Ordinance by Aspen Historic Preservation Committee recorded October 25, 1975 in Book 321 at Page 51 as Reception No. 189906. Order Number: 924397--Cl Wananty Deed - Exhibit 1 (Exceptions) Page 1 of 1 Parcel ID 2735-124-430-0610 RECEPTION#: 567518, 03/10/2010 at 03:00:36 PM, 1 OF 2, R $11.0- DF $97.50 Janice K. Vos dill, Pitkin County, CO WARRANTY DEED 1 01'k THIS DEED, Made this 1* day of March, 2010, between Jack D. Ilgen and Eloise H. Ilgen, Grantors, and Fat City Holdings, LLC, a Colorado limited liability company, whose legal address 402~Park Place, Aspen, CO 81611, Grantee. ,Kkilarid WITNESS, that the Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: An Undivided one-half (!/2) interest in and to: Lots P and Q and the East one-half of Lot O Block 30 CITY AND TOWNSITE OF ASPEN also known by street and number as: 518 W. Main St, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantors, for themselves, their heirs, and assigns, do covenant grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasibIe estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from ali former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters set forth on Exhibit "A" attached hereto. The Grantors shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. GRANTORS: Jack D. ligen ~/ef? 1" ~ 0.31 . in:Â· 4 12-- H 3 90 Eloise H. Ilgen STATE OF COLORADO ) 7 7/ 1 1 ) SS. COUNTY OF (sartic {Cl ) The foregoing instrument was acknowledge before me this /~ day of March, 2010, by Jack D. [lgen and Eloise H. Ilgen. My commission expires: Witness my hand and official seal. 1 Â«uÂ» #:4... ...5.f~ Notary Public~ Ul a Y Ur AGFEN CITY CF ASPEN 11*i-r FUQU alva # / laRY L 1 1 DATE #61Â¥d 11.09* WREr-r PAID . 1, SOIEURICH & 8 DATE REP NO. NE:*9 30 *110 '4~ 16*0 ll> 531-7/ f 4%10 CE> 0771( 1 My Co-ion E*res 05~2013 Parce ID 2735-124-430-0611 5Â·f Â£1242,95 RECEPTION#: 567518, 03/10/2010 at 03:00:36 PM, 2 OF 2, Janic42 K. Vos Caudill, Pitkil unty, CO EXHIBIT A EXCEPTIONS 1. Water rights, claims or title to water. 2. Taxes for the year 2010 and subsequent years not yet due and payable. 3. The effect of inelusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 4. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 5. Ordinance by Aspen Historic Preservation Committee recorded October 25, 1975 in Book 321 at Page 51 as Reception No. 189906. Order Number: 924393-â‚¬2 I D-1 , Warranty Deed - Exhibit 1 (Exceptions) Page 1 of 1 Parcel ID 2735-124-430-0612 13 I k __ *,rfâ‚¬1: ...h ~: 13~~00*AJAD, 1. I ~ 1-' 08. 4. 1 : . 58$ 5 "~ ~ 5** 7,1,.QpÂ¢) :E.:-1 .Â·.2 -4 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a 13.9.1I1&2Â£19Â£.,82222iali;211- flmiziling&-Egal (this form) certifying the scope of work included in the land use application complies with al} applicable covenants and homeowner association policies. The certification must be jigned,kn tharoownr-Aorney te.o.TE.0-8.inri ftte. ftn:....Â·-4.2, st'7ar. i Name: 22 0. 1 ~ Owner (13 Email: Phone No. -. .. 1 - . 4- -, ~ , ~ Address of ~ Property: (subject of r . 1 r ' 1 f i A /5 4 f Â·Â· V b ' I ..3 ~ application) 1 I certify as follows: (pick one) This property is not subject to a homeowners association or other form of private covenant r--7 This property is subject to a homeowners association or private covenant and the L-J improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. p/ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners associatjon or covenant beneficiary. Evidence of approval is attached. 3/1. 3'ip -3 j/...4 . I understand this policy and I understand the City of Aspen doesi-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. 7 . 2 s . %44 /44 1 . Owner signature: Uatc. '1- 1 612.4.- - 1 ( Owner printed name: or. H n 9 9 7413 Attorney signature: date: .1>..V Attorney printed name: _ Parcel ID 2735-124-430-0613 14 To: City of Aspen community development From: Peter Cornell Date: July 23,2014 Re: 518 W. Main Street Dear Sirs. My name is Peter Forne[1. manager member of Fat City Holdings owner of 518 W. Main St. I am the authorized representative of the LLC. The address of record of us is 402 Midland Park Place, Aspen CO 81611. Contact phone number 970.379.3434. Written description of the proposal: [ am requesting a minor change to ordinance 21, series of 2011 to permit us to pick one of the buyers of the 11 affordable housing units newly created by our group. Within the land use code. it is permitted for a developer of affordable housing to select 1/3 of the purchasers of those units created. My request to choose one of the qualified buyers only constitutes 8% and is within the permitted use under the code. Thank you for your consideration and 1 look forward to discussing this with you at your earliest convenience in that the units are nearly completed and the lottery should rim in the near future. Sincerely. Peter Fornell Parcel ID 2735-124-430-0614 15 VICINITY MAP 518 W. MAIN STREET ASPEN COLORDO W VtÂ·Â£ I I U ~1' 4 â€¢ .,0"55, W Nor m 9 - 2 \Â¥5*vi,Â¢' + 4 J .,t: 5 p .. 41/ 11.. 1,1,4~1,4 4*2, 5! ..1 2 - 4. : 2 1Â·17 f: 44 ,< ' â€¢ al J, I'll h 47 4 4.114Â·12,4, c E - S . b 2 - e WH - I' 4 - 2 / 2, -94142, 5, LA / h : Z: baf+ / 2 e e. 9 , .re 4*82-1 ./. It. I #M .* e. 61-0 ":.20 A / 4.1, SITE LOCATION S 4 t. 04: 21 b. 1 34 61 0 1 9 6 J s.:)21 4 yalÂ·x) 2310. Data NANTES.Ia, j Parcel ID 2735-124-430-0615 L- ,â‚¬â€¢,0/0 f lant A Â·it N ..44)3â€¢