The URL can be used to link to this page

Home My WebLink AboutLand Use Case.826 Vine St.0007.2017.ASLUI I. 0007 2017.ASLU 826 VINE ST/1235 MOUNTAIN VIEW DR AFFORDABLE HOUSING 2735 01 300812 j 'SCA-VA 0lll Â·Â¢' + \vit a.=2 PATH: G/DRIVE /ADivaNISTRATIVE/ADMIN/LANDUSE CASIE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0007. 2017.ASLU PROJECT ADDRESS 826 VINE STREET 1235 MTN VIEW PARCEL ID 2735 01 300812 PLANNER SARA NADOLNY CASE DESCRIPTION AFFORDABLE HOUSING REPRESENTATIVE Z GROUP ARCHITECTS DATE OF FINAL ACTION 07.20.17 CLOSED BY ANGIE SCOREY 7.31.17 2 93 90 / 300 8 1 L 600 2.20 1 7. Asc u file Edit Record Navigate [73;2~ Reports Format Iab Help , E * 2 0< ' '/ 4 5101111 i R. 8 il -25 a - 0 i?le' 9-1 -@ 2 -21 6 *IbiI @9 [13 a ., 04 *Ii JI I > >] 9 *| li lump 1~ C 2~ 8 j-EK-| Custom Fields | Routing Status | Fee Summari l Acions Routing Mistory ~ ~ Permit type ||8518 ||Aspen Land Use Permit # ~0007.2017.ASLU '- Address |1235 MOUNTAIN VIEW DR Aptjuite ~ City jASPEN State [26-ET~ Zip |81611 x Permit Infbrmation d g. Master permit ~ Routing queue |asiu 1 5 Applied |01/30/2017 - 7/ Project ~ Status ~pending Approved 1 Description APPLICATION FORAFFORDABLE HOUSING Issued | Closed/Final ~ Submitted |JIM FARREY 312.9â‚¬8.4444 Clock ~iRilingl Days 1----8.1 Expires |01/25/2018 . v Submitted via | Owner Last name |FARREY First name |JIM & KRISTY 1235 MOUNTAIN VIEW DR ASPEN CO 81611 Phone |(312) 965-4444 | Address Applicant Fl Owner is applicant? U Contractor is applicant? Last name ~FARREY First name ~J 11.1 & KRISTY ~ 1235 MOUNTAIN VIEW DR ASPEN CO 81611 Phone |(312) 968-4444 Cust * 2984â‚¬ 1 Address Email ~ Lender Last name ~ First name ~ Phone ~1 } - Address Fnter the nermit nwner'R laft namp ||A,nenAr:]rlfi fUrverE]|~avair~nrÂ·1~lI Fi nf Tâ„¢~~~~ Â·: C InecL.4 89 'Kee-ele \-es:E- 4 2.Voc 40(r l. 70&7 4*4110__ 1 @loN 0 0~ oqool~ sdno~9~q~~-~- Â·Â·or- - This case was closed without completed action. APCHA informed the applicant they were unable to accept the offered unit at Hunter Creek as a buy-down unit for mitigation due to it not meeting today's standards forsize. architects December 13,2016 City of Aspen Community Development On behalf of Jim and Kristy Farrey, Z Group Architects is submitting this packet for approval of a Buy- down unit located at 826 Vine Street in replacement of an existing Affordable Housing Unit at 1235 Mountain View Drive (formerly known as the Lutheran Church). Following are written responses to all of the review criteria in Sec. 26.470.070.4, Affordable Housing of the Land Use Code. 26.470.070.4 a. The proposed unit located at 826 Vine Street complies with the Guidelines of the Aspin/Pitkin County Housing Authority. The Proposed Unit is a 3 bedroom, 2 bath unit (1097 sf) which meets the Cat. 2 APCHA criteria (see attached Hunter Creek HOA letter with Unit plan). The 800 Hunter Creek Building has a common parking lot in which Unit 826 has been allotted 3 parking spaces and there is a dedicated storage room on the ground level assigned to the Unit. b. The proposed Affordable Housing Unit is an Off-site Unit located within the City limits. c. The proposed unit finished floor level is completely above finished grade. The Unit is located on the second floor of Building 8 in the Hunter Creek Development. d. The proposed unit has been approved by the HOA (form attached) to be transferred to a deed-restricted "for sale" unit. e. n/a Sincerely, Z-Group Architects Melanie Noonan .. ~~ Z-Group Architects, P.C. â€¢ 4 I I East Main Street, Aspen, CO. 8 I 6 I I â€¢ Telephone: 970-925- I 832 â€¢ Fax: 970-925- I 37 I 1Â¥lt December 9, 2016 RE: Hunter Creek Unit 826 To Whom It Concerns, Hunter Creek unit 826 is a three bedroom, two bath unit located in Hunter Creek Phase 11. The Pitkin County Assessor lists this unit as a three bedroom, two bath unit totaling a heated area of 1,097 square feet (detail attached). Sincerely, 40Â£ 7411<,43-~~ Lisa Thurston Hunter Creek Properties, Inc. Hunter Creek â€¢ 1400 Vine Street â€¢ Aspen, Colorado 81611 â€¢ 970/925-1060 â€¢ www.huntercreek. net â€¢ hc@huntercreek. net 28.9 20,9 - 1 *4 3 00\ 4.9 rt tr tv 04 e- 1-- - 31 T k - L O j 4-1 Jib UNIT Â©25 UNIT 526 f 1 1-712.6 l 0-1- 1- 22 6.0 .1 -tr.1 D.0 1 i fr03 4,92[12-1' 8,0 f t,7 r-- ., 1 6 f Â©.2 #,'.Â©,5.2 ~ lam- E-; 5 r f f t-2 6 1 7-6 4 1 =i-4.49 9 1 1 2/ 20 -+- 04 24,2 -1 1 1. F. 41 11.~- A ... 11'C % - 25.Â©5 24.4 2 895 I 4.69 in -.... --- -/ Â·Â·4 Â· 22 5.OCEJ UN IT 624 4 --9-- -Â·Â· L 2 3 UNIT 821 52~% 99 ... ..... A 1 -4 i - 9 4 9 4 1 -- 64% 4,Â«1111 24.2 24.19 I - ~~4 1 942 - 24 2 - -. 0--- 1 1.-. ----- 4- t91, , 1~32 Li LL--1 {ti-4 --2 - ..r- h. 1 e.4 11 8.0 -*1-4.9 Â©,0 -0412 - 30 Ail i J J. e<-i -/5-rn j ..1-lfi.1, -k 4- UNIT 623 UNIT 32'2 AFFE IL. i On -d f- - 154,65 9- 9- N W LUC4 9 1 4.Wt 2# 11 - 2 4 2 0.09 i 28Â© 11 1 SECOND FLOOR PLA-N- 1 800 BUILDING OCALD 1/IGu - Z '-ow Book R * faqâ‚¬ 45 fluntÂ« CEÂ« E con (4)/71 Jl fums PhoaQUU fflt '24 2 12.023 itE 96.37-3 RECEIVED JAN 2 5 2017 CITY OF ASPEN CO&*UÂ«TY DEVELOMENT 9 2-G U CvÂ« 9 Â· - : ak *00 A.Â·*61;1/I'#I #".1 //I.. Â·,t:*42,4/%*A '>. ~ 1 HUNTER CREEK CONDO. -------- UNIT 826 =18 U i r=Â¥~ 11 SCALE: ya" = I'-O" BA13Â«L ~ B BEDROOM ~ ~ BEDROOM i h u # #1 111 lie lip 10'-2"xi:2'-O 4-5"x|01-5 ~'/ ~â‚¬ ~9~Â»~ ~ El 21 - 1 ....G.Â·015:32- im(044:'Lim.*.de*./ 248%2 jaa,-'r'.t~* A-Ir] FREEZER 56 KITCHEN 10'-11"><-1'-q LIVIN6/ 1-n DINING = 21'-0"xii'-11" ..pz -.* /.0541 2 Fl P# .#.I Dg..p 'll/'m./.20/<:4~dE-%.:.I't:Â¥%/'Ill' tq#*0Â»: 4 /10; 11 5 11 MASTER BEDROOM BA-Ati 11 20'-q"x12'-0 UL H L_J i i IP 10*4/'Â»502%/.*Il ...... "././.â€¢'**~ .41Et,'. 1qP;*' C..r 'w.-/ ~.....1 #340028 12:30/91 09: 37' Pec $20. O.3 BF 665 FG 619 Silvia Davis, Pittin Enty Clerk. Doc $.DO ORDINANCE NO.20 (SERIES OF 1991) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQB EXEMPTION AND VESTING OF DEVELOPMENT RIGHTS FOR A DEED RESTRICTED AFFORDABLE HOUSING UNIT AT THE MESSIAH LUTHERAN CHURCH, LOCATED AT 1235 MOUNTAIN VIEW DRIVE (PARCEL A, BLOCK 3 WEST MEADOWS SUBDIVISION) WHEREAS, the Pitkin County Bank on behalf of the Messiah Lutheran Church submitted to the Planning Office an application for amendment of the Church's Conditional Use as well as GMQS Exemption for Affordable Housing and vesting of development rights in order to construct a deed restricted, three bedroom 1,430 square foot unit at the Church property; and WHEREAS, this proposal is in accordance with City Council Resolution #5, Series 1991 which approved the concept of the Bank providing a deed restricted unit at the Church to partially satisfy the Bank's affordable housing requirement resulting from its 1990 Commercial Growth Management allotment; and WHEREAS, the application was reviewed by the Engineering Department, the Fire Marshal, the Housing Authority, and the Planning Office and those agencies submitted referral comments for the Planning Commission's consideration; and WHEREAS, on May 7, 1991 the Aspen Planning and Zoning Commission approved an amendment to the Church's Conditional Use with conditions and forwarded a recommendation to City Council to approve GMQS Exemption for Affordable Housing with Resolution #91- 12; and WHEREAS, pursuant to Section 24-8-104 C.1.c. of the Aspen Municipal Code, the City Council may grant approval to GMQS 1 #340028 12/30/91 09:37 Rec $20. un BA 665 PE 620 Rilvia DavisH Pitkin Cnty Clerk, Doc $.00 - -H-2 - -- Exemption for Affordable Housing; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, the City Council may grant vested rights to a development plan for a total of three years from the date of approval ; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission's recommendation, does wish to grant the GMQS Exemption for Affordable Housing and Vesting of Development Rights for three years for the development of a three bedroom 1,430 square foot affordable housing unit at the Messiah Lutheran Church. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section l: That it does hereby grant GMQS Exemption for Affordable ~ Housing with the conditions recommended by the Planning and Zoning Commission and as modified by the City Council for a deed restricted, 3 bedroom 1,430 square foot affordable housing unit. Section 2, The conditions of approval which apply to this project are: 1. Prior to issuance of Building Permit, the affordable housing unit must be deed restricted with the Housing Authority and filed with the Pitkin County Clerk and Recorder for Category #2 rental/sales guidelines in place at the time of recordation. Proof of recordation with the County Clerk shall be forwarded to the Planning Office. At the applicant's discretion, the square footage of the unit may be lowered to comply with Category #2 size . 2 #340028 12/3(/93 09:37 Rec $20.'.JO BY 665 F'G 621 Silvia Depls, Pitfin Ent y Clerks Doc $.00 - -- - -lill ---- requirements. 2. Occupancy priority shall be given to the Church' s minister. However, if necessary for the specific use by the Messiah Lutheran Churchls minister and family, the Category #2 asset and income guidelines may be exceeded. 3. In the event that the church minister does not occupy the unit, the church may rent the unit to other occupants who qualify with all of the Category #2 guidelines, provided however that such occupancy shall be by a family related by blood or marriage. 4. The owner (Messiah Lutheran Church) is obligated to keep the units occupied with qualified tenants and is obligated to notify the Housing Authority when the unit is vacant. 5. Prior to the issuance of a building permit, the well water shall be tested for quality and quantity and approved by the Environmental Health Department. 6. Prior to issuance of a building permit, a dust control program for the parking lot shall be submitted to Planning and approved by the Environmental Health Department for implementation by the Church. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions Of approval, unless otherwise amended by other conditions. Section 3: That it does hereby grant Vested Rights for the construction 3 #340028 12/30/91 09:37 Rec $26.00 86 665 ?3 622 Sil *ia Davis, Pit f in Entk Cler K . Doc $ . 00 --- - - of this affordable housing unit. The rights granted by the site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. 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. Section 4: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: A public hearing on the Ordinance shall be held on the ~L'L day of j~key, , 1991 at 5:00 P.M. in the City Council Chambers, U Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of 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 /632*-- day of , 1991. V -- - . 6 4< r. 6 9,- . pl . /1 ' J 6 A~E(ST: John E~~ett, Mayor ' i. A 2Â©Oc.: Kab~ity*'3~/*Rch, City Clark 1,1,/ FINALLY, adopted, passed and approved this 1211 day of ~yÂ»Â£Â·c< , 1991. I - . , M J -*, 43 4 "tc> 6,0, 6, 3% John Bennett, Mayor -A*TEST: ' - r f. .1- t. trl.3 + . 7 ' ll P/knaÂ·Â«k <*22 ~ Kathryn #60' Kgth, .~y~1~berk jtkvj/messiah.ord liz 3 C ,, ,A Ag , ,\ 4 W,h 4 -1 SHERMAN@HOWARD 730 East Durant Avenue, Second Floor, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com November 17,2016 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 232 East Main Street LLC, a Colorado limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State o f Colorado to practice law. This letter shall confirm and certify that John H. Paris is the owner o f certain improved real property located at 826 Vine Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Hunter Creek Condominiums, Phase II, according to the Condominium Map thereof, recorded February 2, 1982 in Plat Book 12 at Page 71 and as defined and described by the Condominium Declaration recorded February 2, 1982 in Book 420 at Page 714 and Amendment thereto recorded November 23, 1983 in Book 456 at Page 273, County of Pitkin, State of Colorado, as amended by Second Amendment recorded March 29, 1984 in Book 463 at Page 758, as amended by Third Amendment recorded July 26, 1984 in Book 470 at Page 738 and the Amended and Restated Condominium Declaration for Hunter Creek Phase II Condominiums recorded August 5, 2010 as Reception No. 572382, County of Pitkin, State of Colorado. The Subject Property is subject to the following matters of record: 1. Right of the proprietor o f a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 24,1902 in Book 55 at Page 116 as Reception No. 67875. Active/44227684.1 2. Reservations and exceptions as contained in Deed from John R. Williams to the Cowenhoven Mining Transportation and Drainage Tunnel Company, a Colorado corporation, recorded December 9, 1895 in Book 115 at Page 572 as Reception No. 57481. 3. Declaration of Easements as set forth in instruments recorded September 24, 1973 in Book 279 at Page 934 as Reception No. 162512 and May 27,1975 in Book 299 at Page 103 as Reception No. 175159 and as shown on plat recorded September 24, 1973 in Plat Book 4 at Page 402 as Reception No. 162512. 4. All matters as shown on Condominium Map for Hunter Creek Condominiums, recorded April 22, 1980 in Plat Book 9 at Page 43 as Reception No. 223561, and Map recorded February 2, 1982 in Plat Book 12 at Page 71 as Reception No. 238744. 5. Condominium Declaration for Hunter Creek Condominiums, recorded February 2, 1982 in Book 420 at Page 714 as Reception No. 238742, First Amendment recorded November 23 1983 in Book 457 at Page 273 as Reception No. 255207, Second Amendment recorded March 24, 1984 in Book 463 at Page 758 as Reception No. 258376, and Third Amendment recorded July 26, 1984 in Book 470 at Page 738 as Reception No. 261346 and the Amended and Restated Condominium Declaration for Hunter Creek Phase II Condominiums recorded August 5,2010 as Reception No. 572382 6. Declaration of Common Area Protective Covenants recorded November 23, 1983 in Book 456 at Page 130 as Reception No. 255204, as amended by First Amendment recorded February 16, 1984 in Book 461 at Page 75 as Reception No. 257349, and as amended by Second Amendment recorded February 22, 1984 in Book 461 at Page 469 as Reception No. 257478. 7. Easements and restrictions as shown on Subdivision and Development Plan of Hunter Creek Condominiums recorded November 7, 1983 in Plat Book 15 at Pages 53-58 as Reception No. 254765. 8. Final Subdivision and Planned Unit Development Agreement recorded November 7, 1983 in Book 455 at Page 88 as Reception No. 254766. 9. Articles of Incorporation for Hunter Creek Commons Corporation, Inc., recorded January 6 1984 in Book 458 at Page 786 as Reception No. 256292, Amendment recorded June 5, 1984 in Book 467 at Page 525 as Reception No. 260037 and By-Laws of said corporation recorded February 16, 1984 in Book 461 at Page 82 as Reception No. 257350. 10. By-Laws of the Hunter Creek Condominium Association, Inc., recorded March 26, 1982 in Book 424 at Page 147 as Reception No. 240187. 11. Easement as set forth in instrument recorded November 7, 1983 in Book 455 at Page 109 as Reception No. 254770, in Book 455 at Page 113 as Reception No. 254771, in Book 455 at Page 135 as Reception No. 254772, in Book 455 at Page 144 as Reception No. 254773 in Book 455 at Page 154 as Reception No. 254774, and in Book 455 at Page 166 as Reception No. 254775. 2 Active/44227684.1 12. Settlement Agreement recorded March 30,1981 in Book 406 at Page 294 as Reception No. 231825. 13. Resolution No. 86-111, Board of County Commissioners of recorded October 19, 1986 in Book 521 at Page 596 as Reception No. 282737. 14. City of Aspen Ordinance No. 15 (Series of 1989) annexing territory to the City o f Aspen, recorded May 3 1989 in Book 591 at Page 675 as Reception No. 311181, and in Ordinance No. 26 (Series of 1989); affecting zoning, recorded January 10, 1990 in Book 611 at Page 605 as Reception No. 318971. Sewer Easement Agreement as set forth in instrument recorded December 9,1994 in Book 769 at Page 76 as Reception No. 377077. 15. Agreement recorded January 14, 1985 in book 479 at Page 874 as Reception No. 265372. 16. Hunter Creek Phase II Condominiums Remodel Guidelines recorded April 26,2001 as Reception No. 453829. 17. Easement to Comcast Colorado/Florida Inc. recorded June 19,2009 as Reception No. 560079. 18. Amended and Restated Declaration of Common Area Protective Covenants for all Hunter Creek Condominiums recorded October 21, 2009 as Reception No. 563787. 19. Amended and Restated Condominium Declaration for Hunter Creek, Phase II recorded August 5,2010 as Reception No. 572382. Sincerely, Curtis B. Sanders 3 Active/44227684.1 007.20l7. Ast-u CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Phone No.: (312) 968-4444 Owner ("1"): Jim and Kristy Farrey Email: jim@jpatrickrealty.com Address of Billing Property: 1235 Mountain View/ Address: (Subject of 825 Vine Street (send bills here) application) I understand thatthe City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedentto determining application completeness. I understand that asthe property owner that I am responsible for paying all fees forthis 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. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at thistimeto know the full extent ortotal costs involved in processingthe application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. Ihave read, understood, and agree tothe Land Use Review Fee Policy including consequences for no-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 and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 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. $ 325 1 deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hoursof Engineering Department staff time. Additionaltime abovethe deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: Jessica Garrow, AICP Community Development Director Name: -/-4Â»(/-8*SLA#tz/) City Use: Title: Fees Due: $31~eceived $ 911{00 frea)CLUAI-/ March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 NOV 9 0 7016 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: Farrey Residence 1235 Mountain View Drive / 825 Vine Street Location: Parcel ID # (REQUIRED) 273501300812 / APPLICANT: Jim and Kristy Farrey Name: - Address: 1235 Mountain View Drive, Aspen, Colorado 81611 (312) 968-4444 C-j Phone #: rn REPRESENTIVATIVE: Z Group Architects - Seth Hmielowski/ Melanie Noonan Name: 411 East Main Street, Suite 205, Aspen, Colorado 81611 Address: Phone# (970) 925-1832 1 GMQS Exemption 2 Conceptual PUD D Temporary Use 1 GMQS Allotment [~1 Final PUD (& PUD Amendment) Special Review Subdivision Â£ Conceptual SPA 2 ESA-8040 Greenline, Stream l Subdivision Exemption (includes D Margin, Hallam Lake Bluff, Condominiumization) D Mountain View Plane U Final SPA (&SPA D Commercial Design Review 1 Lot Split Amendment) ~ Residential Design Variance [73 Lot Line Adjustment j Small Lodge Conversion/ Expansion 1 Conditional Use Other: E:(ISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The Existing condition of the property contains a 3 bedroom AHU within the building of the church. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Proposing a buy-down unit at 826 Vine Street to meet obligations of Ordinance No. 34 (Series of 2014). _ Have you attached the following? FEES DUE: $ 1 Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement 6 Response to Attachment #3, Dimensional Requirements Form ~ 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. March, 2016 Citv of Atoen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM 1235 Mountain View Drive / 826 Vine Street Project: Jim Farrey Applicant: 826 Vine Street, Hunter Creek Condos, Building 8 Location: Multi Family Zone District: Lot Size: Lot Area: (Forthe purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, 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: Existi ng: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: 1097 SF Floor Area: Existing: Allowable: Proposed Principal bldg. height: Existi ng: Allowable: Proposed Access. Bldg. height: Existing: Allowable: Proposed On-Site parking: Existing: Required: Proposed % Site coverage: Existi ng Required: Proposed % Open Space: Existing: Required: Proposed Front Setback: Existing: Required Proposed Rear Setback: Existing: Required: Proposed Combined F/F: Existing: Required Proposed Side Setback: Existing: Required: Proposed Side Setback: Existing: Required Proposed Combined Sides: Existing: Required Proposed Distance between Bldgs. Existing: Required: Proposed Existing: Required: Proposed: Existing non-conformities or encroachments: Variations requested: March, 2016 Citv of ADen I 130 S. Galena St. I (970) 920 5050 \ NOV 3 0 2016 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429.2759 DATE: October 14, 2016 PROJECT: 1235 Mountain View / 825 Vine Street REPRESENTATIVE: Jim Farrey TYPE OF APPLICATION: Affordable Housing Buy Down Approval DESCRIPTION: The Applicant is interested in buying and deed restricting a 3-bedroom residential unit in the Hunter Creek development as an affordable housing unit to meet the obligations of Ordinance No. 34 (Series of 2014). The ordinance allows the replacement of an existing affordable housing unit at 1235 Mountain View Drive via a new on-site unit, off-site unit, buy-down or via a Certificate of Affordable Housing Credit. The applicant proposes a buy-down unit and the buy-down requires approval of the city prior to acceptance to ensure it meets the minimum design requirements of an affordable housing unit. An APCHA referral will be required, acknowledging that the unit will be accepted by the agency and compliance with the city's requirements for affordable housing will also need to be shown as part of the application. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin. com/Departments/Commu nity-DevelopmenUPIanning-and-Zoning/ Follow link below to view the City of Aspen Land Use Code http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanninq-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common development review procedures 26.470.070.4 Affordable Housing Review by: Community Development Director Public Hearing: NA Planning Fees: $325 planning deposit, one hour. Additional hours billed at $325 per hour. Total Deposit: $325.00 To apply, submit the following information: O Completed Land Use Application and signed fee agreement. Â£ Pre-application Conference Summary (this document). ASLU GMQS - Affordable Housing 825 Vine St O Street address and legal description of the unit proposed as a buy-down, 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. Il 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 Written responses to all review criteria in Sec. 26.470.070.4, Affordable Housing of the land use code Il An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. 0 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 1 Total deposit for review of the application. 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. 'TIC)N#: 615518, 11/19/2014 at w-.ww :47 PM, 1 OF 3. R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 34 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ORDINANCE AMENDMENT TO ORDINANCE NO. 20 (SERIES OF 1991) FOR THE PROPERTY LOCATED AT 1235 MOUNTAIN VIEW DRIVE PARCEL NO. 273501300812 WHEREAS, the Community Development Department received an application from James Farrey requesting approval of an ordinance amendment of Ordinance No. 20, Series of 1991; and, WHEREAS, the ordinance from 1991 permitted a three bedroom, Category 2 affordable housing unit to be developed on the property commonly known as 1235 Mountain View Drive, which operated as the Messiah Lutheran Church; and, WHEREAS, the current owner of the property would like to have the option to provide the affordable housing unit either off-site or through the provision of affordable housing credits; 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 o f the ordinance 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. 20, Series of 2009, Sections 1, 2 and 3 are hereby amended and shall read as follows: Section 1: That it does hereby permit the development of an Affordable Housing Unit on-site for a deed-restricted, 3 bedroom, Category 2 unit that meets the allowances and limitations of the land use code and APCHA guidelines in place at the time a building permit is submitted to change the church into a free-market residence. The unit may be a rental unit but shall be required to be a "for sale" unit, sold through the APCHA lottery system. no later than the fifth anniversary o f the approval date o f this ordinance. Ordinance No. 34, Series of 2014 Page I of 3 . I> 6 beA-mvv.~ 64- 42 - *90Â·, 6 bâ‚¬,~436>vÂ« (2, (~Ddl--1.- o plat Â« Afo.\-' \ 4,- - -L/'201 e Â¥bvw.1 +Wa\'F (â‚¬*El- 49 ~) Section 2: The Affordable Housing Unit may also be provided as an off-site housing unit, today or in the future, in the form of a newly constructed unit or buy-down unit or through the provision of certificates of affordable housing credits. Any physical unit shall meet the allowances and limitations of the land use code and APCI-IA guidelines in place at the time a building permit is submitted. The affordable housing mitigation required is for a three-bedroom, ,1 _category 2 unit or for three FTEs at a category 2 income level if provided by credits. Section 3. Prior to a certificate of occupancy being issued for any free-market residential unit on ~467 1235 Mountain View Drive a certificate of occupancy and appropriate deed restriction shall be required for either an off-site affordable housing unit or on-site affordable housing unit. If (I~~ building permit for 1235 Mountain View Drive. affordable housing credits are provided, the credits shall be extinguished prior to the issuance of 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: 1 f 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 10th day of October, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.in. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. a minimum o f 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 13th day of September, 2014.~ /~ ~ C n i /1 ~~~ (i_j C 1/ 11 1 \SievEi[Skadron, Mayor - \ 1Â© 51.flÂ·Â· Gv- Abdu)/16 - \ D-DÂ© sr-~, Fi--, PÂ»Iralcb . ' Ordinance No. 34, Series of 2014 0 -fi,r -9%20.42 Page 2 of 3 i 64 c5465 THE CITY oF ASPEN Land Use Application Determination of Completeness Date: December 6,2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 1235 Mountain View - Affordable Housing and reyiewed it for completeness. ~*-Â¥our Land Use Application is incomplete: / Please submit the following missing submission items. 1. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. Please provide a scaled floor plan of the proposed AH unit, including bedroom count, net livable area of the unit, any oft-site storage associated with the unit and parking available to the unit. 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. C 1/.Al\14 9~ , \JeAnifer Phelan, Deputy Planning Director City o f Aspen, Community Development Department For Office Use Only. Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_*h_ Subdivision, or PD (creating more than I additional lot) GMQS Allotments Residential Affordable Housing -6 Yes Nop<L Commercial E.P.F. Lodging 1 0 (63&~-- 4 44. c.. .-rnpÂ»/--Â»71*12. 1â€¢*+ g;(Det stewart title Stewart Title - Aspen 620 East Hopkins Ave View your transaction progress 24/7 via Stewart Online Aspen, CO 81611 Ask us about your login today! Date: October 06, 2016 File Number: 01330-88921 Property: 826 Vine Street, Unit 826, Aspen, CO 81621 Please direct all Closing inquiries to: Leslie Boyer Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: leslie.boyer@stewart.com SELLER: BUYER: John H. Paris James Farrey and Kristin Farrey Delivery Method: Emailed Delivery Method: Emailed LISTING AGENT: SELLING AGENT: Hunter Creek Properties, Inc Hunter Creek Properties, Inc 1400 Vine St 1400 Vine St Aspen, CO 81611 Aspen, CO 81611 Contact: Jennifer Bennett Contact: Jennifer Bennett Phone: (970) 309-0880 Phone: (970) 309-0880 Fax: Fax: Email: hc@huntercreek.net Email: hc@huntercreek. net Contact: Lisa Thurston Contact: Lisa Thurston Phone: (970) 925-1060 Phone: (970) 925-1060 Fax: Fax: Email: hc@huntercreek.net Email: hc@huntercreek.net Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ON THIS PAGE TO OBTAIN WIRING INSTRUCTIONS. We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements, all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: stewart 42.tlayu title guaranty company .J&.7 777 Gk-9 Matt Morris Aj*rized Countersinature President and CEO Stewart Title - Aspen 620 East Hopkins Ave 27>4: Aspen, CO 81611 ~ 1908 f j (970) 925-3577 . Â»,My:. Denise Carraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. - 1.All Rit \N The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 1**t'11111 All other uses are prohibited. Reprinted under license from the American Land Title Association. "%.. '.1./ File No. 01330-88921 004-UN ALTA Commitment (6/17/06) .FL Â» CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mo rtgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< htto:#www.alta.omt>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. - 1 Â·al Rll 1% The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 1//t~ lilli '... I.... File No. 01330-88921 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No.: 01330-88921 1. Effective Date: September 23, 2016, at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) ALTA Owner's Policy 2006 (Extended) $858,500.00 Proposed Insured: James Farrey and Kristin Farrey (b) ALTA Loan Policy 2006 (Standard) Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: John H. Paris 5. The land referred to in this Commitment is described as follows: Condominium Unit 826, Building 800, HUNTER CREEKCONDOMINIUMS, PHASE 11 according to the Condominium Map thereof, recorded February 2, 1982 in Plat Book 12 at Page 71 and as defined and described by the Condominium Declaration recorded February 2, 1982 in Book 420 at Page 714 and Amendment thereto recorded November 23, 1983 in Book 456 at Page 273, County of Pitkin, State of Colorado, as amended by Second Amendment recorded March 29, 1984 in Book 463 at Page 758, as amended by Third Amendment recorded July 26, 1984 in Book 470 at Page 738 and the Amended and Restated Condominium Declaration for Hunter Creek Phase Il Condominiums recorded August 5, 2010 as Reception No. 572382. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: STATEMENT OF CHARGES 826 Vine Street These charges are due and payable Unit 826 before a policy can be issued Aspen, CO 81621 Basic Rate 2006 Owner's Policy $2097.00 Owner's Extended Coverage: $65.00 Tax Certificate: $25.00 Copyright 2006-2009 American Land Title Association. All rights reserved. ........I The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 9191&â€¢M 1,9 1,0 All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-88921 Page 1 of 1 STEWART TITLE ., CO STG ALTA Commitment Sch A STO GUARANTY COMPANY .r- uuNIMITMENT FOR TITLE INSURA INIUL SCHEDULE B PARTI File No.: 01330-88921 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes:(1 ) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and(2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 6. Payment of any and all Condominium assessments and expenses which may be assessed to the property 7. As to the release of deed of trust executed by Kimberly Samonte as Vice President of Green Tree Servicing LLC, without evidence of a sale or refinance of subject property recorded February 26, 2015 as Reception No. 617650 The company requires written verification directly from Green Tree Servicing to the closing agent that the deed of trust has been paid in full as to Deed of Trust recorded August 11, 2003 as Reception No. 486702 8. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Warranty Deed recorded August 31,1994 as Reception No. 373712. Copyright 2006-2009 American Land Title Association. All rights reserved. illillill The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ....Il ./ 1AllÂ»l/li All other uses are prohibited. Reprinted under license from the American Land Title Association, File No. 01330-88921 ......,1.- Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY -,= UVI AMITMENT FOR TITLE INSURA INUL SCHEDULE B PARTII File No.: 01330-88921 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. 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. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116 as Reception No. 67875. 11. Reservations and exceptions as contained in Deed from John R. Williams to the Cowenhoven Mining Transportation and Drainage Tunnel Company, a Colorado corporation, recorded December 9, 1895 in Book 115 at Page 572 as Reception No. 57481 as follows: ""It is expressly understood and agreed that the interest conveyed in this deed is the right to the perpetual use of the surface of said territory only, and all other rights and 1111 interest in said territory are expressly reserved to the grantor, his heirs and assigns. 12. Declaration of Easements as set forth in instruments recorded September 24, 1973 in Book 279 at Page 934 as Reception No. 162512 and May 27, 1975 in Book 299 at Page 103 as Reception No. 175159 and as shown on plat recorded September 24, 1973 in Plat Book 4 at Page 402 as Reception No. 162512. 13. All matters as shown on Condominium Map for Hunter Creek Condominiums, recorded April 22,1980 in Plat Book 9 at Page 43 as Reception No. 223561, and Map recorded February 2, 1982 in Plat Book 12 at Page 71 as Reception No. 238744. 14. Condominium Declaration for Hunter Creek Condominiums, recorded February 2, 1982 in Book 420 at Page 714 as Reception No. 238742, First Amendment recorded November 23 1983 in Book 457 at Page 273 as Reception No. 255207, Second Amendment recorded March 24, 1984 in Book 463 at Page 758 as Reception No. 258376, Copyright 2006-2009 American Land Title Association. All rights reserved. - The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. .MIRJ,A. IAND,mi All other uses are prohibited. Reprinted under license from the American Land Title Association. ....... File No. 01330-88921 Page 1 of 3 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY L' U' 1 AMITMENT FOR TITLE INSURA INUL SCHEDULE B PART 11 and Third Amendment recorded July 26, 1984 in Book 470 at Page 738 as Reception No. 261346 and the Amended and Restated Condominium Declaration for Hunter Creek Phase 11 Condominiums recorded August 5, 2010 as Reception No. 572382 15. Declaration of Common Area Protective Covenants recorded November 23, 1983 in Book 456 at Page 130 as Reception No. 255204, as amended by First Amendment recorded February 16, 1984 in Book 461 at Page 75 as Reception No. 257349, and as amended by Second Amendment recorded February 22, 1984 in Book 461 at Page 469 as Reception No. 257478. 16. Easements and restrictions as shown on Subdivision and Development Plan of Hunter Creek Condominiums recorded November 7, 1983 in Plat Book 15 at Pages 53-58 as Reception No. 254765. 17. Final Subdivision and Planned Unit Development Agreement recorded November 7, 1983 in Book 455 at Page 88 as Reception No. 254766. 18. Articles of Incorporation for Hunter Creek Commons Corporation, Inc., recorded January 6 1984 in Book 458 at Page 786 as Reception No. 256292, Amendment recorded June 5, 1984 in Book 467 at Page 525 as Reception No. 260037 and By-Laws of said corporation recorded February 16, 1984 in Book 461 at Page 82 as Reception No. 257350. 19. This policy is limited in scope to the interest in the real property described in Schedule A, and nothing contained herein or in the Condominium Declaration (or in any supplement or amendment thereto) shall be construed to extend the coverage afforded hereby to include any title, interest, or ownership (whether legal, beneficial or otherwise) in any personal property in or upon the property described in Schedule A, or in any real property owned or otherwise claimed or acquired by the Associations referred to in the Condominium Declaration. 20. By-Laws of the Hunter Creek Condominium Association, Inc., recorded March 26, 1982 in Book 424 at Page 147 as Reception No. 240187. 21. Easement as set forth in instrument recorded November 7,1983 in Book 455 at Paae 109 as Reception No. 254770, in Book 455 at Page 113 as Reception No. 254771, in Book 455 at Page 135 as Reception No. 254772, in Book 455 at Page 144 as Reception No. 254773 in Book 455 at Page 154 as Reception No. 254774, and in Book 455 at Page 166 as Reception No. 254775. 22. Settlement Agreement recorded March 30, 1981 in Book 406 at Paae 294 as Reception No. 231825. 23. Resolution No. 86-111, Board of County Commissioners of recorded October 19, 1986 in Book 521 at Page 596 as Reception No. 282737. 24. City of Aspen Ordinance No. 15 (Series of 1989) annexing territory to the City of Aspen, recorded May 3 1989 in Book 591 at Page 675 as Reception No. 311181, and in Ordinance No. 26 (Series of 1989); affecting zoning, recorded January 10, 1990 in Book 611 at Page 605 as Reception No. 318971. 25. Sewer Easement Agreement as set forth in instrument recorded December 9, 1994 in Book 769 at Page 76 as Reception No. 377077. 26. Agreement recorded January 14, 1985 in book 479 at Page 874 as Reception No. 265372. 27. Hunter Creek Phase Il Condominiums Remodel Guidelines recorded April 26,2001 as Reception No. 453829. 28. Easement to Comcast Colorado/Florida Inc. recorded June 19, 2009 as Reception No. 560079. Copyright 2006-2009 American Land Title Association. All rights reserved. lI"III"II" The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. â€¢~-ILAN All other uses are prohibited. Reprinted under license from the American Land Title Association. *Alinll 'll u.....- File No. 01330-88921 Page 2 of 3 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY ..e VVI AMITMENT FOR TITLE INSURA INUL SCHEDULE B PART 11 29. Amended and Restated Declaration of Common Area Protective Covenants for all Hunter Creek Condominiums recorded October 21, 2009 as Reception No. 563787. 30. Amended and Restated Condominium Declaration for Hunter Creek, Phase 11 recorded August 5,2010 22 Reception No. 572382. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Copyright 2006-2009 American Land Title Association. All rights reserved. ..il....I The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ....ILAN All other uses are prohibited. Reprinted under license from the American Land Title Association. 1 -nil.,1 File No. 01330-88921 Page 3 of 3 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY DISCLOSURES File No.: 01330-88921 Pursuant to C.R.S. 10-11-122, notice is hereby given that A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERKAND RECORDER, OR THE COUNTYASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that 'Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.' Provided that Stewart Title - Aspen conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No. 01330-88921 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal informat on the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes- to process your transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal Investigations. For our marketing purposes- to offer our products and services to Yes No you. For joint marketing with other financial companies NO We don't share For our affiliates' everyday business purposes- information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name, financial companies, such as Stewart Title Company For our affiliates' everyday business purposes- information No We don't share about your creditworthiness. For our affiliates to market to you - For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? â€¢ request insurance-related services â€¢ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.gâ€ž opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-88921 Page 1 Revised 11-19-2013 RECEIVED THE CITY OF ASPEN JAN 2 6 2017 Land Use Application Determination of Completeness CITY OF ASPEN CO~RNTY DEÂ¥ELOPIR Date: January 26, 2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 1235 Mountain View I Affordable Housing and reviewed it for completeness. E~ Your Land Use Application is complete: Please submit the following missing submission items. â€¢ Complete digital copy of application in PDF format â€¢ One additional hard copy of the complete application package Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. Than~ Yo~ ~3 Hitl lanner (24 .munity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No / Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No / Commercial E.P.F. Lodging