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HomeMy WebLinkAboutcoa.lu.an.Marolt Ranch.1980 "-- ~.. . r-, r-, ~ 0iJi)@@1k~ITi)@ memo ([ Pr~ect' Marolt/City Planning Staff Work Session W~h, Jim Reents, Housing Director Karen Smith, Planning Director Joline Vrchota, Assistant Planner Dan McArthur, City Engineer Don Ensign, DWI Carlyle Wood, DWI design workshop, inc. 415 s. spring aspen. co 81611 303.925.8354 , ,Date' March 6, 1980 L Site Plan Density Calculations: Decision to calculate final density figures based on accurate topography and property lines to be done by Survey Engineers. Clustering Units: Due to the County's highway planning, specifically Main Street Extension, changes in the original site plan must occur. (see Roads) Therefore, the original comments by, Karen Smith concerning "further clustering opportunities" to the south 9f the pI:operty will be explored. It was suggested that rental PMH units could be clus- tered densely at the old foundation site, while owner- ship "caretaker" units might be combined architecturally with clustered free market units at the southern end of the property. Phasing: Was not discussed beyond reaffirming the 70-30 build- out mix in view of future sit~ plan revisions. 2. Roads and Access The latest in Pitkin County's highway alignment trends seems to favor the extension of Main Street with the abandonment of both the existing Castle Creek Bridge and and Midland R.O.W. The State Highway Department is doing yet another study which should be ready by mid- April to May 1. This study apparently will recommend the Main Street Extension 4-lane combined busway and highway solution. Karen Smith feels this option would cause less impact on the existing neighborhoods and .: community development land planning landscape architecture -or' r-, ~ Thomas property. This affects the existing site plan concept in t~e following ways: a. Although the 150' Main Street R.O.W. does not directly interfere with buildings shown on the plan, the Main Street Bridge over Castle Creek will dramat- ically reduce the privacy and appeal of the old foun- dation site for free market units. b. We are assuming also that the 200' building setback from the highway is a County, not City, standard. c. If the foundation site were to be used for PMH housing, adequate parking for 80-100 units might be difficult to accommodate or possibly an eyesore from Main Street. The suggestion was made to split the parking to both sides of Main Street, utilizing the 5+ acres to the. north of Main Street as possibly a remote parking lot for PMH, an intercept lot for the downtown, and/or city recreation fields. d. The free market units would therefore be clustered at the south end of the property, with the possibility of dispersing ownership PHM throughout the free market units. Jolineexpressed a definite preference for utilizing the foundation site to the fullest extent in order to minimize impact on the more visually vul- nerable open field., Castle Creek-Cemetary Lane/Intersections/Alignment The City Engineer prefers a connecting alignment beginning at a 900 intersection with Highway 82, following the westernmost boundary of Marolt and City lands, and connecting directly to Castle Creek with a 300'-400' radius curve. The roads from the hospital and Water Plant Housing would become a T-intersection into the Cemetary-Castle Creek connectiOn. Sight distances from that intersection would be improved. Grades would not be a significant problem. Since it is unlikely that the County and State Highway Department will move with temerity, the site planning effort must accommodate as many eventualities in road alignment as possible. Cemetary Lane to Castle Creek must allow, for clear intersections at Main Street and at the Midland R.O.W. Use of Thomas Property: Reents said that the City open space land could be used for "public facilities," which he interprets to include roads. He could foresee no legal problems in locating a road on that property. . - 2 - " ... r-, .-., Cul-de-Sac Lengths: No discussion due to expected plan changes. Castle Creek Spur to Prince of Peace: No specifics. 3. Open Space Discussion only on the I acre City Maintenance Corner (under eXisting Castle Creek Bridge). Reents said the City was hoping to move its maintenance operations in town; therefore, would not need that triangle of land for storage. However, if the City were to use the upper plateau for parking, play fields, etc., it would not exclude that corner from the parcel. 4. Castle Creek Corridor Lot Extension Land/Bicycle Path/View Plane: Possible trade-offs with neighbors (opponents) across Castle Creek were discussed. There are odd parcels of land across' ,the - river' whichmrght'be deeded' Or sold to those who own the land directly above. The bicycle path alignments have been roughly laid out by the County. These might also be points for negotiation later. Karen suggested building a model of the proposed development across the river to quell the opponents' fears of the unknown. It was pointed out that no matter how good the model looked, opposition would not be totally blocked if any development were to occur on the old' foundation. Also, the construction of, the Main Street Bridge, if any should occur, will drastically affect the views of those neighboring property owners. 5. Implementation Overlay Ordinance: The chart comparing square footage percentages between a 70-30 unit mix and a 70-30 bedroom mix was briefly discussed on terms of the varying outcome of each. Karen felt City Council should see chart comparisons based on a 100 unit assumed density, as opposed to the 125 unit assumed density., Karen preferred the lower square footages under the 70-30 unit mix. '. - 3 - ,r-, 1'""\ <Jr,5!th riAl ...,;--=,,.~_. AGENDA Meeting with City ,Planning Staff 1. Site Plan (u'~ ~ Uw S- .$1J~ , ' . March 6', 1980 MAROLT PROPERTY - Density Calculations: Opal's parcel _ ~lO?e, 'I L~ - Clustering Units l~O - Phasing 2.' 'Roads and Access .>R. ~~~~. Ii - Castle Creek-Cemetary Lane connection -th1J. ;l;;t;;;~;:J;;-:tlz, ;f. /- Intersections: Cemetary Lane ' , , Castle Creek (Water Plant, liospi tal) Main Street extension Midland Row - Alignment i grades and sig~, distance," s} .11. / Use of Thomas property ~fll~ Wf;1.f;fUJl1 f< Cul-de-Sac lengths - Castle Creek spur to Prince of Peace Chapel ~~, c~J ~K ~, 3. Open Space - Total acres, % - 82 view corridor - CSU Maps - visually vulnerable areas - City Maintenance corner - Thomas property swap ~ legal ramifications 4. Castle Creek Corridor - Lot extension land - Bicycle path alignment - View planes from opposite bank 5, Implementation A fk:k/!tu-- ZmJ" ~ ~t~ i:u-r WJ7(YA'~Lg ?~ - Overlay ordinance - "'-".":""'.-."'!' ,...., PERCENTAGE COMPARISON Assume: 125 units Avg. Unit Size # BedroomsjDU # Bedrooms # DU's Sq. Footage,Total Sq. Footage % ~ 70-30 70-30 Bedroom Mix Unit Mix , PMH FM TOTALS PMH FM TOTALS 800 sf 2000 'sf - 800 sf 2000 sf - 1.7 3 - 1.7 3 - '2- , 171.5 73.5 245.0 148.75 112.50 261.25 bl 6D 100 25 125 $7.5 :!J'JlJF' 125 80,000 50,000 130,000 10,000 75,000 145,000 61% ' 38% 99% 48% 51% 99% , W~~ ~t?,s ~~~. r-, I""'i .....' -.H MEMORANDUM I TO: Board of County Commissioners FROM: Sandra M. Stuller~1f~ RE: Rezoning and Annexation: Opal Marolt DATE: January 30, 1980 Gentlemen: I want to advise you that the annexation proceedings for the Marolt property was completed on Monday, January 28th (second reading of annexation ordinance). The annexation will be effective five days after publication (Aspen City Charter). The Colorado Municipal Annexation Act provides that newly annexed lands must be rezoned within 90 days after annexation (without regard to any pending challenge to the annexation proceedings). The Act further provides that if the BOCC wishes to challenge the annexation it must do so by certiorari within 45 days of the effective date of the annexation "and, if such action is not brought within such time, such action shall be forever barred." The purpose of this memo is to give you an opportunity to determine if you want to challenge the annexation, given the terms and conditions of the annexation agreement. The annexation agreement provides that: 1. The land will be zoned from AF-2 to R-15A/PUD/SPA, with 70% of the units to be deed restricted to the low and moderate income housing guidelines. (The rezoning will permit from between 70 to 150 units.) "Marolt agrees that said development plan will be designed to the extent possible to increase clustering of the residential units, maximize open space corridors and reduce intrusion into environmentally sensative areaS." 2. The project will be reviewed under the Housing Overlay Process, if adopted by the City. 3. If Marolt does not file building permit applications within two years of receiving final de.elopment approval (unless delayed because of inability to obtain financing), the City may initiate proceedings to rezone to Rural Residential (RR) "or other appropriate zone category." Karen, in her memo to the Council dated January 21, 1980, supported the annexation and rezoning stating that: "While we recognize that there are disadvantages tJ development on this property, our recommendation is made with the objective in mind that sites must be found to accommodate employee housing and it is our intent to recommend to you those sites, which best can achieve a balancing of community goals, through clustering and innovative design. We recommend the Maroltsite, with conditions, because we believe that development be designed to fit the site's unique features, protect environmentally sensitive areas, and create open space buffers which both continue the open space corridors gained by public acquisitions and minimize the impact of the development on surrounding areas. Other reasons supporting the recommendation include: 1. The R-15A density is consistent with surrounding land use and zoning patterns to the ,east across Castle Creek and to the north across Highway 82. The Aspen Land Use Plan of 1973 recommends single-family medium density for this site, which, if clustered, is what this application proposes. The PUD is recommended in the absence of any housing overlay or similar zoning technique to encourage the clustering of density, its accommodation to the site's unique features, and <.its compatible siting with surrounding neighborhoods. The , SPA designation is necessary to accommodate any mixed uses which may be proposed in the subsequent development plan in multi-family structures. r-, .~ " MEMORANDUM Page 2 January 30, 1980 2. The proposal respresents a dispersal of employee housing developments to the west side of the City of Aspen, avoiding the further concentration in areas to the north and east of the City. It is a medium-sized project and results in a heterogeneous mix of income levels. 3. R-15A zoning requires that at least 50% of the units are deed-restricted to employee price guidelines. In fact, the application proposes to restrict 70% or more of the units. 4. The site is proximate to town and well-served by bus transportation. Other utilities, water and sanitation are available to the site. 5. There is an opportunity to preserve open space corridors along Castle Creek, as well as the visual connection from the Thomas property to Shadown Mountain through innovative design and clustering. Through the Planned Unit Development procedure, environmentally sensitive areas can be avoided." Karen's memo also summarized arguments made in opposition to the proposal, including: 1. Castle Creek serves now to contain the urban form and this development will contribute to urban sprawl. 2. There are environmental constraints according to the CSU maps; namely, steep slopes, riparian areas and visually vulnerable lands. 3. The site is designated in part as agriculturally productive lands. 4. Free market units are involved, 5. Neighborhoods have objected that the density is not consistent. 6: Given the uncertainity of development feasibility, critics questions whether it is appropriate to grant a density increase without assuring that the development would follow. I want to make clear that a challenge to an annexation cannot be premised soley on disagreement with the City's action; that is, the Courts will not permit you to merely substitute your judgment for the City's as to the wisdom of the action. You must establish that the City has exceeded its jurisdiction (i.e., did not have the authority to annex under the Act (eg. lack of contiguity)) of which there is no evidence; or the City abused its discretion in doing so. The City, to justify an annexation of eligible property, need only make the following findings to support is action: 1. A community of interest exists between the area proposed to be annexed and the City. 2. The area is urban or will be urbanized in the near future. 3. The area is integrated or capable of being integrated with the annexing municipality. If there is one-sixth contiguity, this contiguity itself may constitute the bases for making these three findings unless two of the three following conditions exist: 1. Fewer than 50% of the population in the annexed area use the City's facilities and services (including commercial). r-, 1"""\ MEMORANDUM Page 3 January 30, 1980 2. Ooohalf of the area is agricultural and the owners express an intention to keep it agricultural for five years. 3. It is not physically practical to extend to the area urban services provided to City residents on the same terms. As is apparent, there are limited opportunities for a successful challenge to an annexation action (the statutes favor annexation and give the City advantages in such contests) and I cannot be encouraging under the circumstances of this case. ~ SMS:cjs cc: Karen Smith .. /1 .1 ," I . r-, .... I ., I"l'Cf'ER:1Y ^'''''f't''^~ t5i ..x.;x-1N IV\. r--Y'LL N:N.~n..l (I?.o~~) . . ~ .X e~ ~. to:: . . . '.. .' '~L mIMe. .~ I ~...5f""'\ r...,(_ t'<o.r.'" _ '! -. "",-" 'r i ~ tJ . .... . .. -' .. :.,~ U' '~.,:". . 4.... ,- ... .... ... '. --:t' .. . , ...., .~. . __, . 5"6t:em.Ct1 Wt'.;::\1:. l.J'NO . 'f" ." . . .. _'0- , :~: '" '" " . . . . . " '" .'~ . - . , . .. ., ..' '.....1. ,.- .- ".., .... - . .. ..-. ....,. .. -.. . , :'.:"tl.~~~1: - .... , - .... I, . ....... n' ......u.... t' . "t' II . .. .....- , -, , ....... . .' . ".... . . " . .,......... ... ........... .-....... .....................- .-....... ..1 .'" ,..U .,....... .... '. ll:-~-....... _t....t :::..'\:,+..:....1.... .. ............. -, . - ... ':)0"..."';" ",;.", ..~ ,.-......,....".'..--...--. . " ~ . ~ ' .. ~.j""-':::- .. , , . 'f .. .. .. .., " . '. '. . ' .."'.... ,......:.. -.' . " .. " . ..... ", .' ;'--, ". ,.,.., , " BI:~.vuJ.lY . .' ~;. . .... ~. .. .... t', .." .." .. ..... , . .. " ._ t' -. . .... ... "... .. -. - .- .. '.. .' " .. . .1......,.."....;; . . ..'" ~ ~,' ,;.. "-:-,f It,, f':"Il '<['.: ;' _~.. ~_l';'...~':-;- " ~...y,.. (.....,.., ..,. ,..~ ....,., tf ..#... 't""';""'"'" . .... '... - . " , ""t, ." , ...t.. .. ,. , . . , .. .;~ -or- ............ ..- .,_,_~_w -~- .,....~~~......,-',..." t"""'.", ""'" ,. '.c!. MEMORANDUM . 'To: Aspen City Council . FROM: Karen Smith, Planning Director . RE:, Rezoning and Annexati,on,Reconunendation - Opal Marolt Property DATE: December 3. 1979 Considerable discussion has taken place at the P &, Z, level regarding the pro- posed annexation, and rezoning of the 35 acre Opal Marolt property west of ,Castle Creek.- Since the Planning and Zoning Corrmission, intends to take final action on Tuesday, December 4th. after your packet deadline, their recommendations can- not be placed in your packet. Please, however, review the enclosed memoranda for a briefing on the issues. . . To summarize the debate (and to greatly oversimplify), the main issue seems to have been that of extending the city limits and zoning west of Castle Creek and opening up a new area for development (mixed free market and employee housing) versus the benefits to be derived from employee housing to be built and the oppor- tunities to cluster and reduce the ,impact on surrounding areas that the site seems to ,offer. There was vocal opposihonfrom surrounding residents, a few private citizens, and the Open Space Advisory Board. who, suggested other sites were better suited for employee housing. There was support from one interested citizen and 'the Board of County Commissioners. The Planning Office has recommended the annexation and rezoning to R-15-A/PUD/SPA as the only existing mechanism allowing the mixed use and clustering concepts pro- posed.' The Planning Office has also recommended a slightly lower density (70 to 100 units) and other conditions of annexation related to the conceptual develop- , 'ment which we offer as a means to best relate the development to the site, take advantage of opportunities to cluster and preserve valuable open space features. both along the highway and river and interna,l to th.e site;' and fi na 11y to reduce impact on surrounding areas and prevent the sprawl the critics ;have feared. Under these conditions this office believes a careful balance among community goals can be achieved. In particular. we have been attempting to maximize compliance with review criteria recommended in the housing overlay proposal' which in itself is designed to allow you as policy-makers to balance community policy, and seek innova~ tivesolutions. We think this compromise is a supportable one. . . ./" .. " .. . \ '..... ,~.."~" " /""", ,,-,, MEMORANDU/1 TO: Aspen Planning and Zoning Commission " FROM: Karen Smith, Planning Director RE: Opal Marolt Annexation and Rezoning DATE: December 3, 1979 At your special meeting on November 29th, the P & Z heard additional testimony regarding the Marolt proposal. You asked for fOllow-up in several areas: pros and cons of alternative housing sites, density calculations and CSU maps, and any revised Planning Office comments. Additional information is presented here- in. Alternative Employee Housinq Sites The following are offered as a means of allowing the P & Z to evaluate alternative sites. No attempt is made to weight each factor or assign any numerical values. The job of the P & Z and Council is to balance these in your own minds based on your understanding of community policy and goals. YOu may also wish to add costs and benefits to the list. Also, some other sites may become available in the future but are unknown to us now. 1. Pfister Site - Approval has been given for a 67 unit project with roughly 40 employee and 27 free market units. Advantages a. has approval b. lower density (AF-2) c. many amenities proposed d. sited to avoid hazards and resources Disadvantaqes a. more distant from employment center: farther commute, no bus service, but partially mitigated by van system proposed b. uncertain whether owner will pursue it c. opens up new area for development 2. Rio Grande - Benedict's proposal for approximately 200 employee units. Advantaqes a. no free market units - land subsidy possible b. proximity to town c. development opportunity to improve river frontage, given City finane~al situation, river restoration has to date been postponed d. offers extremely good amenities to employees in riverfront location e. high number of units to solve employee housing f. few environmental constraints Disadvantaqes a. competing uses - since land was purchased with restricted (open space and transportation) funds, election must be held to authorize realloca- tion b. precludes riverfront park and restoration as originally conceived - loss of open space to contain urban area on north c. uncertainty over who will develop d. high concentration of employees - possibly not socially desirable - no mix 3. Smuggler Mountain Area - several vacant parcels exist though no formal appli- cations have been made. r-, ~ Advantages a. excellent exposure b. fairly close to town - served by bus c. flat topography - little, if any, environmental constraints d. existing high density residential pattern ,Disadvantages a. bus system costs - will have to be expanded b. circulation system - inadequate - new and improved roads will be re- quired c. serves to further concentrate all employees in one location - does not disperse d. no specific proposals exist now e. in some areas, utility extensions will be costly 4. Benedict Gravel Pit - currently being revegetated Advantages a. well-hi dden b. disperses some housing to east end of town c. site is already disturbed Disadvantaqes a. more distant from ,town ~ Mountain Valley bus may or may not serve it adequately b.'~,eT)vironmel'1tal constraints exist _ wildlife habitat nearby, site might ha'le to be drained c. no specific proposal d. impact on Ute Avenue e. utility extensions 5. "Under the Bridge" - Don Ball's conception for under Castle Creek Bridge Advantages a. innovative architecture - hidden from public view, but maximizes solar b. proximity to town - fairly good.,-, served directly by two bus routes c. disperses employee housing to west side of town Disadvantaqes a. single family neighborhood to north is adamantly opposed b. involves several ownerships c. requires cooperation of State Highway Department d. high concentration of employees e. sponsorship uncertain at present,~s well as feasibility 6. Water Plant Advantaqes a. land subsidy possible b. disperses employee housing to West 6f 1Jown c. proposal and approval process fairly far along d. partial clustering possible e. close to hospital as employment center Disadvantaqes a.farther from town b. topography results in additional development cost c. proximate to rural area and single family subdivision d. potential impacts on wildlife habitat e. visibility f. depends on GO Bond -2- (""""" r-, 7. Koch Lumber - Cantrup's proposal to construct 150 rooms on former Shaw property - would house seasonal and MAA students, thus serves a different purpose from other proposals. Advantages a. dose to core b. security for MAA - new opportunitrfor transient workers c. concentrated employee housing in high density tourist zone Disadvantages a. topography may present some constraints b. mixed uses and and densities surrounding - may result in objections based on inconsistent character c. difficult to accomodate parking and development (assumption that em- ployees will bring cars whether they need them or not) 8. TDR Sites - Existing Lodges in R-6, RMF, 0, etc. Advantages a. existing structures can be converted quickly and cost effectively b. disperses employees within town ' c. proximate to bus transportation and commercial core Disadvantages a. impacts of increased densities in Lodge districts not clear b. lodge owners say it further motivates lodge conversion and loss of short term c. injurious to dispersed lodge/small lodge/mixed use benefits d. neighborhood objections to conversion to residential use with possible increased parking and other impacts 9. Marolt Property Advantages fairly proximate to town - served directly by Highlands bus, less directly by Snowbunny disperses employee housing to west side of town is an immediate proposal site offers opportunities to cluster and through planned development, maximize open space and riverfront protection objectives, minimize impact on surrounding areas not too high a concentration of employees/mixed free market to balance R-15 density consistent with east of Castle Creek and Cemetary Lane good ,util iti es road across property may help solve Maroon/Castle intersection problem primarily consistent with 1973 Aspen Land Use Plan Disadvantages a. ~,\. ", /i b. c. d. e. f. g. h. i. a. development and city limits will jump a natural feature which has served to contain and shape the urban form b. high priority on Open Space Advisory Board and PCPA acquisition list. (see list of open space advantages in OSAB resolution dated November 29, 1979). c. some environmental constraints - steep slopes and riparian ecosystem along river. free market units may intrude on this (Villas prohibited from entering area) some units will be located in "pro- ductive lands" (see CSU maps), however, it is the lowest agricultural suitability rating.designate'd moderate and high visual vulnerability areas d. free market units are involved - potential damage to GMP e. neighborhood objections f. road across property will be visible 'g. uncertainty of development feasibility given high land costs, no devel- oper involvement to date -3- 1*'\ -, h. need to preserve alternatives for highway/Main Street/pursuing re- alignment and/or relocation i. may result in additional bus costs j. free market portion conflicts with '75 Master Plan k. if no development occurs, we have increased value of land unnecessarily and with no public benefit In general, there are several issues which do not relate to specific proposals but which should be considered in reviewing alternative sites: 1. feasibility of project and timing 2. almost no site is without drawbacks, therefore there is a need to find the sites where impacts can best be addressed and where advantages out- weigh disadvantages - The proposed housing overlay suggests that large and/fatrlyqpen parcels may offer these ~opportuniti es 3. The community must weigh the alternatives of large projects (such as Silverking) or smaller, more dispersed projects as well as concentration in one area through a series of projects versus integration in diverse segments of the city. The Planning'Office recommends that integration of different neighborhoods with smaller, more dispersed projects is more consistent with the unique scale and and character of development in Aspen historically. Density Calculations Although we have not required or received detailed slope calculations as required through PUD, we have been able to further refine gross density calc4lations. 35 Acres @ R-I5-A (duplex or rowhouse) 5 Acres/Opal's lot Density reduction for steep slopes (25-50 units reduction) (estimate) Density reduction for roads (5-10 units) (estimate) Planning Office Comments and Recommendation The crux of the issue over approval of the Marolt proposal seems to be the importance of the site in terms of open space and urban containment objectives along with the existence of certain natural constraints versus the benefit of a planned development which achieves a substantial proportion in employee housing and which can be designed to accomodate the unique features of the site. In this regard, the Planning Office has concluded that there will never be found the "best" site for employee housing which is free from all constraints and problems. In accor- dance with the recommended guidelines within the hOUSing overlay proposal, and in view of the documented need for employee housing, we should be searching for those sites which offer opportunities to design the development to fit a site's unique features and, by clustering, create open space buffers thereby minimiZing, impact on surrounding areas. The Planning Office recommends medium-sized projects dispersed throughout the City. We think this site offers opportunities to strike a balance among diverse community goals and that, with conditions, this site and proposal can achieve a sound balance. 152 units 130 units 80-105 units 70-100 units In the absence of a housing overlay zone that allows review of a development plan in conjunction with a rezoning application, we strongly recommend that both the annexation and rezoning be carefully conditioned on several elements that will assure that the objectives of the proposal are met. Our recommendation is for: R-I5-A/PUD/SPA zoning as consistent with surrounding zoning and master plan if developed to fit the natural features of the site through PUD. SPA is neces~ sary to accomodate mixed uses and multi-family structures. The annexation and rezoning should be contingent, however, on the following to maximize city goals and reduce impacts on surrounding areas: 1. 70% of units devoted to employee housing consistent with housing overlay -4- / ."'""", "'""" and with applicant's stated ~t(iJII, 2. to allow easier clusteri,ng, maximize open space corridors, reduce in- trusion into environmentally sensitive areas, and reduce the free mar- ket impact, a maximum of 100 units is recommended (70 employee; 30 free) It appears that this will be the appropriate density anyway given density calculations under R-15-A 3. in the event the housing overlay is passed, application should be made under that procedure for rezoning and development plan approval as a streamlined procedure intended to achieve community objectives, 4. the development plan shall assure that in my phased development, a pro- portionate share of employee units is built along with free market, the intent being that the most employee units be built as early as possible, in no event to be less than 70% of the development phasing. Phasing should not extend longer than a five year period. 5. Elks facility is not recommended both because it is in a corridor that should be maintained free of development and is potentially a high acti vity commerci al use inconsistent with the residenti a 1 pattern and which contributes nothing to the development 6. adequate area for road and highway realignment (Main Street extended and Midland right of way) be reserved in the development plan 7. in view of the lack of assurance of the development feasibility, the annexation and rezoning should be contingent on application for build- ing permits under a plan following elements outlined above within some reasonable period of time (2 years?) from development plan approval or the annexation and rezoning would revert. This is to prevent the development approval from being used for purely speculative purpose with- out achieving any of the community benefits for which the rezoning and annexation actions were intended. -5- ^ ,,,,",, 11/28/79 Mr. Olaf Hedstrom Aspen Planning & Zoning Commission 130 S. Galena Aspen, Colo. 81611 Dear Mr. Hedstrom: My second letter~ But mainly to enclose another important letter written to me by our hoose-sitter and permanent resident of Aspen: Connie Morrell. Connie has been the manager of the Boomerang Lodge for the past five years. "Gus and Annie",referred to in her letter, also live permanently in town and work at th eir respective construction and teaching jobs. As Connie Morrell so honestly confides: '!we were not expecting to share your and Jerry's (Fels) viewpoint"......But. I think her letter should be of great interest to you and your committee because she states - in her own, devoted way - how many of us feel about Aspen. Because we did not receive her letter until today, Nov. 28th, due to Aspen's anxiously-and-gloriou~ly-awaited snowfall, this letter will certainly not arrive in time for the next hearing tomorrow, Nov. 29th. Alas~ . I hope to get in touch with you by phone before the meeting. But I must emphasize that my absence tomorrow will, and does, not indicate disinterest or a lessening of my strong disdain for the type of development planned for the Marolt property. I hope the ideas expressed in Ms. Morrell's letter will be seriously considered by the committee before any action is taken. enc.: 1 125 S. 7th St. Aspen, Colo. 81611 and 820 Ridge Rd., Highland Park,Ill.60035 ~a j)1JJ f,,? ~l &rf ^' ,1""\ OOMERANG LODGE 21 Wednesday 1979 Dear Sidney, Gus, Annie & I treck~d off to the AP&Z meeting last night to see what is proposed for the Marolt property ----- across the creek from your house. We must confide that we were not expecting to share your and Jerry's viewpoint. Such would have been the case if theci ty had intentions of building some moderate income units available to yearround residents --- such a beautiful site and so needed. The mass forced exodus downvalley is saddening,for what it is contribut~ing to an increased lost sense of community for those of us calling Aspen home. However, we join you. A slick ~ty developer has some evil plans (huge 1) disgui~d under the promise of 70% moderate income units for locals, 30% free- market. It sounds like a minimum of 125-150 units, recreational facilities, roads everywhere, etc. etc. etc. Devestating use of this fine property ---- that lies as green space for all to enjoy approaching the village from the West, just before the high density zoning of in-town. Something small, maybe, but not what this big outfit appears to have in mind., On the conceptual drawings, Annie saw a supermarketl Somehow, I cannot even begin to see Aspen approving something like this ---- in light of the past 30 years' controls. However, the board is a rat~her dead group (zoning folks) .... so who can say. Very few people were present at the hearing to speak out against it. Mention was made of your and Jerry's letters; they were passed along the desk for the board to review. The next session, to finish the hearing, is scheduled for Thursday, Nov. 29th, at 5:00pm. Please write or telegram again 1111 Th~is one needs strong opposition from those of you with property interests. On the joyful side ------ lots of feathery snow fell this week. You will definitely find the skiing great come Dec. 17th and your house ready to welcome you back. I feel so lucky to live in this beautiful town 1 500 W. HOPKINS ASPEN, COLORADO 81611 303/925.3416 %~ """" " " July 11, 1979 CONCEPTUAL PLAN/OPAL MAROLT QUANTITY TAKEOFFS Roads: 80' R.O.W.j40' paved (2320') 60' R.O.W.j30' paved (1280') Parcels: AjElks 10,DOO sq. ft. building 80 parking spaces , recreation field pooljamenity area BjCity Maintenance Yard Cj1!arol t House and Garage Picnic grounds to river Field D j},larket Housing 40-45 units (14 DUjAC 72 parking spaces pool area EjEmployee Housing 27 units (13 DUjAC) 1&2 B.R. 54 parking spaces FjEmployee Housing 27 units (18 DUjAC) 1&2 B.R. 48 parking spaces GjEmployee Housing 12 units 2&3 B.R. (6DU/AC) 40 parking spaces H/Employee Housing 14 units (20 DU/AC) 2B.~. 28 parking spaces l/Dedicated Open Space Pool area. Contiguous open field River valley edge Links to existing pathways. community development land planning ,-. , (r ~ design workshop, inc. 415 s. spring asp,en, co 81611 303-925-8354 ACRES 4 1.7 4 .' 1 5.5 3.5 2.1 1.8 2.4 1 9.1 landscape architecture i t"'. r-., ,0 ~ CONCEPTUAL PLAN/MAROLT (cont'd) J/Lot Extension LanJ East of Castle Creek 2.3 Area used for 80' R.O.W. through city conservation lane (3) 35.4 acres. .' , ,-- .~, MEMORANDUM TO: Aspen Planning and Zoning Commission DATE: Jo""ph E. Edwarde. Chairma~~,ounty November 15, 1979 ~ Opal Marolt Rezoning Proposal commissioners FROM: RE: , The Board of County Commissioners would like to offer comments to the Aspen Planning and Zoning Commission with respect to the proposed Opal Marolt property rezoning application. Pit- kin County owns land which is adjacent to this property along Castle Creek Road, so this comment should be considered that of an adjacent land owner and a local government entity which is concerned with the Aspen area employee housing problem. In general, the County supports a rezoning which would facil- itate employee housing in this location as it is well-located with respect to transportation, utilities, and other services. The site is also large enough to offer opportunities to cluster the development. We offer the following additional comments related to both the rezoning application and conceptual devel- opment plan: 1. The Elks Club represents a trend toward commercialism which is inappropriate. Reservation of a site for certain pub- lic facilities (transportation or fire protection) or a neighborhood convenience store might be appropriate to maintain certain neighborhood/community public service needs. Any neighborhood store should not be located on the highway but internal to the site and accessible to the water plant housing. 2. R-6 density allows more units than applied for and is too dense given the adjacent land's zoning, which is R-15 on the Aspen side and AF-2 on the County side. Therefore, the BOCC believes that R-15 with a PUD overlay and also perhaps an SPA overlay would be most appropriate. 3. The zoning should be contingent on a housing mix on the land which is at least 70% price restricted resident/employee and 30% free market. The number of units should probably be kept to less than 120, perhaps about 80. 4. The busway alignment is probably pointed too far south of the appropriate alignment. See Curt Stewart for details. 5. Examine the possible relocation of the combined MAA/Country Day School facilities at the proposed location fmr the Elks Club. Talk to John Doremus. 6. Trails needs will increase with this proposed development. The Castle Creek trails corridor both upstream towards the MAA/Country Day School campus and Conundrum Creek and downstream towards the Aspen Institute should be planned. Other paved trails should be planned between the High School Trail and the Aspen Valley Hospital/Aspen Filter Plant Housing Project access road and between South Seventh Street and the Castle Creek Bridge underpass per the Aspen/Pitkin County Trails Master Plan (1979). 7. Opportunities for resolving the Maroon/Castle intersection problems should be looked at in the development plan. Also, a new north/south road across the Marolt property should align with Cemetary Lane and incorporate a turn- out lane for highway safety. r-, t"'\ ~1EMORANDU~~ TO: Aspen Planning and Zoning Commission FROM: Karen Smith, Planning Director RE: Rezoning on Opal Marolt Property and Additional Comments on Celia Marolt Rezoning Application DATE: November 13, 1979 The Planning Office has received an application for annexation and rezoning of the property known as the Opal Marolt property west of the Castle Creek River. The property comprises aporoximately thirty five acres of land generally between the Highway 82 entrance to town and Castle Creek Road. The property is bounded on the west by conservation zoning and the City limits extended during the Thomas property annexation several years ago. The City's Water Plant site, now zoned SPA, is immediately to the south. A small parcel (36,000 square feet) owned by Celia Marolt is also located on the southern portion of the property. Across the river to the east the land is held in many separate private ownerships and is zoned R-15. The property itself is currently zoned AF-2 as is property to the southwest, AF-l property surrounds the City's SPA zoning to the south and south- east. To the north of the property across Highway 82 the valley floor is zoned R-30. The application in your packet originally requested SPA zoning to allow maximum flexibility to develop a unique land use configuration designed to provide a mixed employee/free market project. The applicant changed that request to an R-6 zone density and that is the zone that was published for the Public Hearing to be held on Tuesday, November 20. The question for the P & Z is a recommendation to the City Council regarding appropriate zoning for the site which is proposed for annexation. The Council has not entertained or reviewed the annexation proposal as yet until the P & Z makes its recommendation. A related question is the recommendation of zoning for the Celia Marolt parcel. Conceptual Plan In order to facilitate the Commission's understanding of the proposal and the merits of the zoning request, the applicant has prepared a conceptual development plan. 'It is too large for your packet, but is in our office for your inspection. Your packet does include a summary of the land use and densities included as part of that plan. The primary thrust of the plan is to develop the Marolt property in a primarily residential development comorised substantially of deed restricted employee housing. Free market housing is included in order to generate the revenues to subsidize the employee housing portion. As currently proposed, the application breaks down into approximately 80 deed restricted employee units which are provided in both a townhouse and multi-family configuration on the southernmost: half Of the property and into a free-market portion which is approx- imately 40 to 45 units of clustered townhouses on the site of the old mine factory on the northernmost ,portion of the property. The development plan reserves a parcel for the existing single-family house of Opal Marolt. The plan also pro- poses to relocate the Elk's Club to this site on the northernmost portion closest to Highway 82. A final element of the plan is to reserve a parcel on the Castle Creek Valley floor on the northeast oortion of the site for a City maintenance building. A new access road would parallel the western border of the site and run north/south between Highway 82 and Castle Creek Road. The site is generally flat except for steeply sloping portions on the easternmost border which descend to the Castle Creek Valley floor. In some areas the site extends across Castle Creek to the hillside on the eastern portion. Relevant Considerations in Recommending Upon Rezoning In recommending any rezoning the Planning and Zoning Commission must take into account the following relevant factors: 1. Are there conditions which have changed which might warrant the rezoning? 2. Is the zoning proposed consistent both in terms of land uses permitted ^ ,,,-., and densities allowed with surrounding existing land uses as well as zoning patterns? 3. Is the land use and density allowable as a result of the proposed zoning consistent with the natural features of the site, available public facil- ities and services, transportation and access? 4. Is the proposal consistent with the adopted Master Plan? Comments and Input from Referral Agencies With respect to the above mentioned relevant considerations, the Planning Office offers the following comments which are based on referral agency comments, comments of adjacent landowners, and analysis of the issues: 1. The County has commented as an adjacent landowner that it supports a re- zoning which would facilitate employee housing in this location because of its location with respect to transportation, utilities and services, and natural characteristics of the sight which offer opportunities to cluster the development. The County did state that because R-6 zoning would allow more density than had been applied for and recommended that R-15 zoning would be more appropriate given adjacent R-15 zoning on the Aspen side and AF-2 zoning on the County side. The County went on to recommend that the site be designated with a mandatory PUD and/or perhaps an SPA overlay which would facilitate development in accordance with a site pl,1n that could best be geared to relevant site characteristics. The County recommended against the location of the Elk's Club at this site although it did approve of perhaps some minimal neighborhood com- mercial or community facilities orientation. 2. The application was referred to the Open Space Advisory Board which has not as yet made a formal comment pending an inspection of the site on November 20. However, they did reiterate that this site was high on the list of priorities for acquisition for open space as it is located at the entrance to Aspen and adjacent to a valuable piece of open space, the Thomas parcel. 3. The Aspen Land Use Plan of 1973 recommends single-family land use for this site with a fairly large open space greenbelt paralleling Castle Creek. It appears to us from the map that the greenbelt does cover the portion of the property which is proposed for the free-market clusters. 4. The Planning Office has prepared a map which will be partially xeroxed for your packet and which demonstrates the surrounding zoning patterns in both the City and the County. The site is adjacent to R-15 and lesser density zoning categories with the exception of the specially planned areas zoned for the employee water palnt site to the south. 5. Current AF-2 zoning would allow approximately 17 units if there were no slope reduction (i.e., one third or more of the property would have to be covered by slopes in excess of 45%). This density might be further reduced by dedication of roads. If the property were zoned with City's R-6 zone category, and if there were no slope reduction formula applying (this is more likely to apply, however, in the City), single-family develop- ment would yield 254 units at 6,000 square feet apiece. A duplex or multi-family development (if developed through a PUD row houses are permitted) would yield 338 units. Under the City's R~15 zone category on the other hand, a single-family development at 15,000 square feet per ,unit would yield 101 dwelling units, again, no density reduction for slope factors. A duplex or multi-family development at 10,000 square feet per unit would yield 152 units. Under the R-15-A and whether the same restriction would apply to multi-family type structures, although that certainly was the intent. There is little development to compare with the Marolt property west of Castle Creek. The Water Plant proDoses 80 units on over one hundred acres. 6. In the matter of changed conditions, we point out identified employee -2- 1""1 ~ housing needs. Recent market data indicate that there is a demand for anywhere between 250 to 500 units just to solve an existing employee housing deficit. This does not estimate the need over future years if certain trends in the market continue to reduce the supply available to'~employees even further while generating new employees. This argues for selective upzoning to create density bonuses to motivate the pro-, duction of deed restricted employee housing. The housing overlay district as proposed offers a review mechanism for identifying appropriate sites. Among the review criteria is a preference for sites which are open and which offer opportunities to cluster development, buffer with greenbelt, and mitigate impact on surrounding neighborhoods. This site offers those characteristics. 7., It is appropriate to compare alternative sites for employee housing de- velopment. Among, the ones that have recently been discussed are:, a. The Pfister sHe, Itv/as recently approved for some 40 unHs of deed, restricted employee housing. It is more distant, but would develop at a lower overall density under the current plan. b. The Benedict proposal for the Rio Grande property. This proposes to locate up to 200 units of employee housing on the Rio Grande site. It is complicated by the necessity for public vote in order to approve an alternative housing use for land purchased with sixth and seventh penny funds, (competing uses for that property have always been an issue). Location of the jail facility, performing arts, playing fields, greenbelt park, parking structure, and other transportation functions have all been pro- posed. The advantages include the benefit of a public land sub- sidy (if it is possible) as well as its proximity to the urban core. It woul d al so provide an interesting if not originallY contemplated redevelopment of the Rio Grande property and river front area for the communi ty. c.' Various areas on Smuggler,~10lintain. There ,are a, couple of vacant parcels,which could,acc()m6date fairly high densities consiStent with the neighborhood ,development. The problem with the Smuggler Mountain area has always been an inadequate circulation system and confusing traffic pattern. Further development would only complicate that. The advantages of the area include its rela- tively close proximity to town and adequate bus transportation. The area is obviously excellent for solar purposes. d. Benedict Gravel Pit Site. This site has the advantage of being well-hidden from surrounding areas. Like the Smuggler area, no speCific proposals have been received on this site and the problems of access and greater distance from town are among those that are likely to crop up. e. "Under the Bridge" housing, which is the 200 to 300 unit proposal, pyramid structure proposed to be located under Castle Creek Bridge. The structure proposes an innovative solution to the employee housing problem in close proximity to town. The site is just ',to the northeast of the Marolt property. In fact it incorporates land owned by Opal Marolt as well as several other ownerships belonging to the State/City/County and other orivate individuals. It is also proposed as and energy-conserving structure. However, its major problems include the difficulties of negotiating the land acquisitions and approvals necessary from various levels of govern- ments and private individuals. f. The Water Plant Housing. A serious proposal is being pursued on this property. The City has determined that it must go to a General Obligation Bond Issue, however, before proceeding. The site is at a further distance from the Marolt Property and would be aided by any access going across that property. 8., There is adequate utility service to the site. 9. Bus service in this area has greatly improved since,60;.g:imal ],zonli,ng. -3- r-, r-., Planning Office Recommendation The City of Aspen heretofore has established a fairly well-defined policy against zoning to higher densities based on its land use and growth management plans and zoning implementation developed in response to the raoid growth of the early 1970's. This is true for the County as well. However, in view of the developing policy regarding the need to produce employee housing, areas must be found which are suitable for rezoning for development at higher densities in order to promote housing at an affordable cost. Both the City and the County have considered measures which would permit such housing develooment. These are the County's PMH zone district and the City's proposed Housing Overlay District which both grant a density bonus in return for deed, restricted units within the low, moderate, and middle income ranges. Among the review criteria which the City is considering in its Housing Overlay proposal is that sites be looked to for increased densities which are not primarily developed with uniform neighborhood characteristics. We believe that the Marolt property fits in this category. The site appears to be among the best for employee housing development. In view of other proposed review criteria: it is yet close to town, served by utilities and bus transportation, and offers an: opportunity. to cl uster. Vie agree that the Smuggler ~loulitai n area is probably the best area for employee housing. However, it has a disadvantage of being the primary repository of employee housing proposals. The Marolt prop- erty has the advantage of dispersing employee housing to a different area of the community. We acknowledge that the open space characteristics of this site have long had a high priority. We would argue, however, that there is an appropriate density on this parcel that would allow for preservation of the open space amenities of that 1 and. One hundred and fifty units is too dense for the property. It would generate approximately 1,050 more automobile trips over Castle Creek per day. An evaluation of the development plan indicates that 120 units, even when clustered~,chas,)rilot acheived maximum benefits of greenbelt and clustering and might more likely do so with a lower number of units. This would be more consistent with the pattern of development across Castle Creek. The density reduction formula is very likely to reduce the maximum allowable density under the R-15-A category. We recommend somewhere in the order of 70 to 100 units be developed on the property, and will work with the applicant to refine the development plan. We are highly favorable toward the generalized location of free market and employee units. The Planning Office does recommend the R-15-A zone district as the appropriate zone given surrounding zoning patterns. The greater density is legitimate given the changed conditions noted. R-15-A is consistent with previous annexation policy. A further recommendation is that any SPA overlay be attached to the parcel that would facilitate the mixed uses and clustered densities contemplated by the development plan. Mandatory PUD is also warranted by the size and topographic nature of portions of the site. While the R-15-A/PUD/SPA is a complicated zoning scheme, it is necessary in view of the uncertain future of the housing overlay zone. Should that district pass in the near future, this project would most suitably be developed under an R-15-A/ Housing Overlay. This scheme would offer the review process and exemption from GMP Quota competition. Selective SPA zoning, might still be necessary to accomodate any community facilities. We, too, recommend against any commercial orientation near the highway. The Elks facility seems to lead to that and is unlikely either to facilitate economically or complement the employee housing use. Other community facilities may be appropriate near the highway; or some small neighborhood commercial located in the interior of the site would serve the needs of this and the Water Plant development.::;SRA zoning would facilitate development of such uses while the review process is the same as that for implementation of the housing overlay. The P & Z should also recommend that annexation be contingent on a development plan that is at least 70% deed restricted employee units. Given this recommendation, the previous proposal to zone the Celia Marolt property R-15-A is consistent with the zoning proposed here. -4- l'.......! r-, Comments Regarding Development Plan We will comment verbally at the meeting as these comments will be useful for back- ground information and in anticipation of the development proposal. However, they are 'not clearly relevant to the rezoning question. -5- r-, 1"""'. Robert 1- Joyce , James M Mulligan Allen G. Reeves Don R. Teasley Mulligan. Reeves. Teasley &Joyce. P. C. Attorneys and Counselors at Law Suite 300. Equitable Building 730 Seventeenth Street Denver. Colorado 80202 October 15, 1979 Mr. Ron Stock City Attorney City of Aspen Aspen, Colorado 81611 Dear Ron: Enclosed for your information and file, are five deeds dated August 27, 1979 which reflect the transfer of the Marolt family property from the Marolts individually to a partnership known as Marolt Associates. I have also included for your information, a copy of the trade name affidavit of that partnership, as it is recorded in Pitkin County. As we discussed, I have also enclosed a Request for Zoning for said property which was not attached to the Annexation petition as a result of some miscommunication between the Aspen Planning Office and our office. As you will note, in accordance with our discussion, Cary Clark, the managing agent of the partnership has signed the Request for Zoning. I have also included, to insure no technical problems at a later date, a Petition for Annexation signed by Mr. Clark on behalf of the partnership which concurs in full with the petition entered by the Marolt family as individuals on July 17, 1979. Telephone (303) 572,0600 Cable MULLREEVES ,~ ~ Mr. Ron Stock October 15, 19 7 9 Page Two If you have any difficulties with any of these materials, please do not hesitate to get in touch with me, otherwise, I expect that I will see you on or about November 6th. Thank you for your cooperation in this matter. P.C. ----" RJJ:fn Ene. 1""1 ,""'" PETITION FOR ANNEXATION TO The City Council of the CITY OF ASPEN Aspen, Colorado 81611 The undersigned hereby respectfully petitions the City Council of the City of Aspen to annex to the City of Aspen the territory shown on the map attached hereto and described as follows, to- wit: (SEE EXHIBIT "A" ATTACHED HERETO) In support of this Petition, the Petitioners state, represent, and allege as follows: 1) It is desirable and necessary that the above-described territory be annexed to the City of Aspen. 2) The Petitioners are landowners of more than fifty percent (50%) of the territory, herein proposed for annexation to the City of Aspen. 3) ,Not less than one-sixth (1/6) of the aggregate external boundaries of the above-described territory hereby petit- ioned to be annexed to the City of Aspen is contiguous to the city limits of the City of Aspen. 4) A community of interests exist between the above-described territory and the same in urban, or will be urbanized in the near future, and further that said territory is intergrated or is capable of being inter grated into the City of Aspen ^ ^ I 5) In est~bl~sh~ng the bound~ries of the ~bove-described territory, no l~nd held in identic~l ownership, whether consist- ing of one tr~ct or parcel of real est~te or two or more contiguous tracts or p~r- cels of re~l estate have been divided into sep~r~te p~rts or p~rcels. 6) The ~bove-described territory does not in- clude any ~rea which is in the same with sub- st~nti~lly the same are~ in which an elec- tion for ~n annex~tion to the City of Aspen was held within twelve (12) months preced- ing the filing of this Petition. 7) The above-described territory does not in- clude ~ny ~rea included in ~ny other annexa- tion proceeding involving the City other th~n the City6f Aspen. 8) Four (4) copies of an annex~tion m~p setting forth with re~sonable certainty, a written leg~l description of the bound~ries of the are~ proposed to be annexed, the delineation of the outer bound~ries of the above-describ- ed territory, the portion of the boundary con- tiguous with the existing city limits of':the City of Aspen, ~nd the dimensions of s~id contiguous bound~ry have been att~ched here- to ~nd hereby constitute ~ p~rt of this peti- tion. 9) The above-described territory is not present- ly a part of ~ny incorpor~ted city ~nd county, or town. - 2 - ~ r-, WHEREFORE, the undersigned respectfully petitions to the City Council of the City of Aspen to annex the above-described territory to the City of Aspen in accord- ance with and pursuant to the Statutes of the State of Colorado. DATED October 15, 1979. RESPECTFULLY SUBMITTED, MAROLT ASSOCIATES, a Colorado general partnership By ~02/ Cary Cl rk Managing Agent ---- ADDRESS OF PETITIONER~ Suite 300, Equitable Building 730-17th Street Denver, Colorado 80202 - 3 - 1"""'\ ,1"""'\ B,EQUEST FOR ZONING WHEREAS, Marolt Associates, a Colorado general partner- ship, has requested in the Petition to which this Request is attached, the City of Aspen to annex the land described in the Petition for Annexation to the City of Aspen; and WHEREAS, the land to be annexed will be developed in the manner indicated in the various materials attached to the Petition for Annexation. NOW, THEREFORE, Marolt Associates requests that the City Council of the City of Aspen direct the Planning and Zoning Commission of the City of Aspen, at the earliest possible con- venience of the Planning and Zoning Commission, to commence proceedings to rezone the subject property R6!PUD. MAROLT ASSOCIATES, a Colorado general partnership By ("2 eeL Cary c;!;rk Managi g Agent 0-----. ~ ~ <J ~ , ^ \ . ,,'> ,,' ,:- , ---:: .~ c:;::' ;~:. t}j. ~ - "" 3~ Recorded at..mf ;........... P August 27, ~9 374 i1lGE8'7'7 ....o'clock_n.........M.) ...........................__.: ' ,................____.___._........__.. Lo~.~.~.~.~.._ f?~~n er ..................Recorder. Reception No........Z1-7-i177 STATE OF COLORADO 1 p . tk . IS8. ...,.................... County of .,___,1.....,..1.,tl,___.. J ... ....Cll?,!;,L... ,~~~.L.I?,l\., ..1:1l\..~~ r.'r:,...............,. ,....'....... .,.,......... ...of the ........."..County of....___l?,~,t:l<~,rl....______,.., in the State of Colorado, .... sworn, upon oath deposes and says that ,.............".being first duly MAROLT ASSOCIATES, . h d h' h b' t d . b . . d t !),' /)" W--2' 18 t e name un er W Ie a usmess or ra e 18 elng carrIe on a _...__~_!__(u!... .~L~_._.f'.~.:_/._____________h..... in the,........................,..............County of......p.,i.,t,J<,i.!2..,....,.......,..............,., and State of Colorado. That the full Christian and surname and address of all the persons who are represented by the said name of.....___..,..~.Cll:".'?.l,:t___~~,~'?c;.i.,a,1:,~.s......,.......___..,___.......___..,",....,.........."js as follows, to wit: Opal Matilda Marolt - P.O. Box 423, Aspen, Colorado 81611 .....u............................_______....u__._...._______.......____n._._._......._.____............______.__...__......___...._.____.........h.__..._.................... Judy Marie Tesitor - 4862 Eagle Circle, Boulder, Colo. 80301 Vicki Ann Marolt - 2609 Juniper Avenue, Boulder, Colo 80301 Peggy Louise Eldridge - 625 Emporia Road, Boulder, Colo 80303 ,..,..., .~<=, ~ ,t:l1.. ~..~...!:1 OlE? ~.t:., .::,.. ,l~, ~.. ,r..i.b..<=E~Y...? ,t;J:'~e.1:!.., ,?,a.n.... .r:J:'.a..~~,i.,:>~~.!.. ..c::.a..~.i.L.?.~~},O That the affiant. is one ,Cl.f...the person""s "...,carrying on said business or trade under the name or style aforesaid. c-. j".,~ ,>. .!..i {"', {(j."/i),,';, '-}'j./(~( (C-t 1---. ..OFAt'~M~.T>rtbA.'MAtfC5LT".....'..,."........L......,,' ," ,,~u~~~~~~,/~ndsworn to before me, this..c2,l.~~~~;~f.:,:,:.A-u;~---t:::.::::.:'...::':.::.::::::':.:,'~~1i:: M'y ~~oili<{ffi~:f6JJ. expires.......Y~.!k.:.K.C3.,.......,.. ........" ...,....,...,............,..." 19........ o. .;.,;,: _0'- ~- ,~: Notary Pubhc. ......... \ () ..:' /:' 0 J(~~A:1I co-partnerships and every person doing business otherwise than in his 0 ful name should make 'this! affidavit, which must be filed in the county in which the firm carries on its trade or busi s and must be refiled whenever there is any change in the membership of the firm; and no suit can be prosecuted y such firm for the collection of any debts until such affidavit is filed. No. 29'8. TRADE NAME AFFIDAVIT. - llrad(ord Publishin&, Co., 1824..46 Stout Street, Denver, Colorado (6'7:)~5011, -4.77 _1 :50 Recorded aU"'"' o'cloclt' Reception No 21.21B2 I ----'----=---- I p M., August_:h1979 Loretta RRilll~r 374 i'AGE 890 Recorder. cc='=:;:--=C::...--------11 Tms DEED. Made this day of Augus t ,19 &~9, between JUDY MARIE TESITOR AJI,~ uu 2 (FlAfO -o~ of the County of Colorado, of the first part, and MAROLT ASSOCIATES, Boulder and state of ~ , -.....-.-- a Colorado General Partnership whose legal address is c/o #300 Equitable Building, 730 Seventeenth Street, Denver, Colorado 80202 oftheCi ty and County of Denver and state of Colorado, of the second part, WITNESSETH, That the ss.id part Y of the first part, for and in con!5ideration ofthe sum of Ten Dollars and other good and valuable consideration DO~~, to the said part Y oUhe first part in hand paid by the said part Y of the second part, the receipt whereof is hereby confessed and acknowledged, ha Sremised, released, sold, conveyed and QUIT CLAIMED, and by these presents do eSremise, release, sell, convey and QUIT CLAIM unto the said part Y of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part Y of the first part ha S in and to the following described lot or parcel of land situate, lying and being in the County of Pitkin and State or Colorado, to wit: I I See Exhibit "A", attached hereto and incorporated herein by this reference. also known as !!treet and number TO HAVE AND TO HOLD the same, together with aU and singular the appurtenances and privilege!! thereunto belonging or in anywise thereunto appertaining, and .U the estate, right, title, interest and claim whatsoever, of the said partY of the first part, either in law or equity, to the only proper use, benefit and behoof of the said partY of the eecond part. i tEheirs and assigns forever. ~~ IN WITNESS WHEREOF, The said partY ofthe first part ~hereunto set her hary" ,-: and seal the day and year first above written. 1~' '11)1...... ; ~tf!-, z " , ~ ,y' Vi! ,HL'-L ,LetL Lr- v (SEAL] Signed, Sealed and Delivered in the Presence of J 'Y M.li:RIE TESITClR , [SEAL) [SEAL] II I STATE OF COLORADO, } County of ~{, ss. The foregoing instrume'nt was acknowledged before me this 19 tFt. by. Judy Marie Tesi tor ~q [SEAL} 0.,;z day of ~t Mtcom:~is~~?n expires _ ..\. nil " ", ~ 01' " I.tO' ,,'0-.......... .D "'_ ,~~) .'~. ".;r:.y ~ ';".\,\D1Af?,;- .... .:, .. r : .~;; -<.t-v-(;>" ~ ~ ~ . ,./JUDl\\]': c t ~~.~~--~>~;,~~~ :,~.":'..""" .~~~~/,$ -":,,,/',0(:, c(')~ \\'~' . /"/~n'i;;;;; "Iiil'\\\' ,19 9 -? Witness my hand and official seal. /~ " /,.;;u c/' i~. Notary Fublic. b___ No. 933. QUITCLAIM DEED.-Bradford Publl.hinI'Co.,1824.4.6 Stout Strut, nenvfJr. ColorAdo (673-6011)-9/77 fil ,;Y"".'" ~ .-.... Hl:corded lIt j{('('eption No. ..0.:46 r'"""'\ . o'\'!o('k 217/178 p " M.. August 2 7 ~979 Loretta Bk_.ler _.374 1',\GE878 f{t.('o l"d(~ r. .-.", ttt" -() TillS DEED. Mude lhi, day of August ,1\) 7Q AUG2YPA1D --o~, between OPAL MATILDA MAROLT <: of the County of Colorado, of the fir8t pnrl. Hnd MAROLT ASSOCIATES, pitkin and state of a Colorado General Partnership who,ekguluddre,sis c/o #300 Equitable 80202 Denver Building, 730 Seventeenth Street, Denver, Colorado of the Ci ty and:.\)untyof Colorado, of the second part, W1TNESSETH,1'hat the stlid purt y of th~ first part. for and in considenltion of the :'>urn of Ten Dollars and other good and valuable consideration und stnte of I !: DO'M,"'fl&, II to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof I is hereby confessed and v.cknowled~ed, h"18 remi~ed. rel('ased, .!wld, conveyed and QUIT CLAIMED, 8Qd by these I presents doeS remise, rel(~nse, sell. convey anJ QU IT CLAIM unto the said partY of the second part, 1 ts heirs, successors and assigns. forever, all the right. tiLle, interest, claim and demand which the said part Y of the first part hn 5 in and to the {allowing d~scri bed lot or PHI'Cel of land situate, lying and being in the County of pitkin and State of Colorado, to wit; See Exhibit "A" attached hereto and incorporated herein by this reference I , I, TO HAVE AND TO HOLD the same, t()J{etlwl' with nll llnd singolar the Rppurtennnces and privileges thereunto il belonging or in llnywise thereUlIto appt'rtninin,Lr, and all the estut.e, ri~ht, title, interest nnd cla.im whatsoever, of the II Raid part y of the first purt, either in law or equity, to the only propel' u.sc, benefit Hod behoofofthe said part of! i the s~cond part, i tSheirs and assigns fur\? vel', 1 i and ~~n~ 1TNES~I:::~R:~,~:'e~~~i~:;(~,~::~~Ywr;~:e:~e first par~~;~;~~~~f~~~/t I [C(SEkJ\L1 - ! Signed, Sealed and Delivered in the Pre~{'ncc of I I""..""':"'~""," _________m_______,_''__ [SEAL[ I /J\.::'l!.)~:::-:.If~'''';\:. --------- -,---,- ----,---,----- {SEAL! 'I ;;.,':: /.. . . ".'l s (,C',,11: ~~ ~A\~~C~::~-~~~~---}-'--'-'-"- [SEALI I '" 1-. re;,)o\\ .- ~ ~" 1 -~. J.; u " ." - 0 . \, ~"J.>:.... .:,,~;\~ounty of f /1K/rI .. j ..1. ,...-.::#~,~€'..1~,.~~~~i~~ instrument Wl1S acknowledged befol:.:...!,l1e this c::2 71.f"^-- dn)' of nU1IMT il 'f~:7."".Y" OML- Mtt-T/I..)1t Mfl/{O/..-/ " I' il ,I Ii :\ II II " "I also known tiS gtreet find lHunber My commi::.sion expires Lf-fl" , 1983, Witness my hand llnd official scul. J2~~}LJ(JbL :-':(;t"r;'i~-':"~ II I, No, 933, QV IT eLA I ~t 1l~:1-:Il. -CQI.)'rikhl (, 197~ Il r",j rurd I'll bli~loi "ll C"" 11l1~ .ol" Sl<>ul Str",.t. !),'r\v,'r. C"I"rl\.llo (~13.S0111.-1'7X .Ai ':'~" ~:47 Recorded a i o'clock Reception No 2.124 ?q p August 2).... 1979 1f~retta Bar). .t I 374 i',~~E881 .. . Recorder. '-''''c':c--=--=::.=:='-'-==~ iLe. THIS DEED. Made thia day of August ,i9 75\ AU G 2 (PAID --6 - between VICKI ANN MAROLT of the County of Boulder Colorado, of the first part, And MAROLT ASSOCIATES, a Colorado And state of ,t /' whoaelegaladdreaaia C/o #300 Equitable Denver, Colorado 80202 of the Ci ty and County of Denver Colorado, of the second part, WITNESSETH, That the said part Y .of the first part, for and in consideration of the 8um of Ten Dollars and other good and valuable consideration DOLL~ns, to the lAid parlY of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, haS remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doeS remise, release, sell, convey and QUIT CLAIM unto the said parW of the second part,i ts heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said partY of the first part haS in and to the following described lot or parcel of land situate, lying and being in the County of Pitkin and State of Colorado, to wit: General Partnership "- Building, 730 Seventeenth Street, and state of See Exhibit "A" attached hereto and incorporated herein by this reference. I I I also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof o{the said part Y of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, The aaid part y of the first pa~hereunto aet henand and seal the day and year first above written. ~ ~7J1a4~ALl Signed, Sealed and Delivered in the Presence of VICKI ANN MAROLT [SEAL) [SEAL] [SEAL] STATE OF COLORADO. } 'a. County 0(" ( ( .', I , The foregoing instrument was acknowledged before me this 191 / ,by. . ,". '_ t. ,: <c. J..<_ '), /.., day of </[1....<. ~ )... l4y ~Qp1mission expires.'. 1 /''''\~ I{ 'c""'"" ' .' '\ \,,,.... 0" ~ v.... .....'..{.. ....0:: .' 'f /~'le;~~~~\'.ki\ 'j \:"f:>(j80G/~ i . .~;'~~:." .~.. ..~" ,.~:~:-~..---' Or- cov), ,19~' :, . Witness my hand and official seal. , ' , ./.. _~. .~ L_' ( \., ") I';'''; No'n, P,'Ii" I I I .J (~-iJJ I ----:--,---C'.::c::c', -', -,.- ,=,c.. :C", No. 933. QUIT CLAIM DEED.-Bu.drord Pub1ishingCo., 1824.46 Stout Street, Den\1p.f. Colorado (~73-5011)-9f77 ~;"" Recordeda~:4~AC~Ck-~M, Aug~1979 -~11 i'/IGE884 .y/ Reception No.--=Z:~ Loretta BanrL _/ _____ Recorder. [1--==::--"'=-=="": '..''.'-'-'- '-"-"-' ,- " ~:ll THIS DEED. Mnde this dayof Augus t .1979. AUG 2'TPAID ., -0 Ej!;DRIDGE) between PEGGY LOUISE ECKENRODE (a/k/a PEGGY LOUISE of the County of Colorado, of the first part, and MAROLT ASSOCIATES, Boulder and state of a Colorado General Partnership whose legal address is c/o #300 Equitable Building, 730 Seventeenth Street, Denver, Colorado 80202 o{the Ci ty and County of Denver and .tate of Colorado, of the second part, WITNESSETH, That the said part y of the first part, tor and in consideration of the sum of Ten Dollars and other good and valuable consideration D~LL~~ to the said part y of the first part in hand paid by the said p.rt Y of the second part, the receipt whereof is hereby confessed and acknowledged, ha Sremil!lcd, released, Mid, conveyed and QUIT CLAIMED, and by these prese~ts do eSremise, release, seU, convey and QUIT CLAIM unto the said part Y orthe second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said partY orthe first part ha S in and to the following described lot or parcel of land situate, lying and being in the County of Pi tkin and State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference. also known ttS street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in llnywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the I said part Y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part Y of the second part, its heirs and assigns forever.- I IN WITNESS WHEREOF, The said part Y or the first part ha S hereunto set herhnnd and seal the day and year first above written, [SEALl PEGGY LOUISE ECKENRODE a/k/a . WGY LOUISE EL~DGE ~~LJ if4tr ~c..( .(.(1-- C)/1U/. LrSEALl '--I!2i-;Y;r'~<<t-v. Ud.a ./,;-e~SEALJ I Signed, Sealed and Delivered in the Presence of STATE OFCOLORA~O. } sa Countyof~;;~~ The foregoing instrument wu acknowledged before me thiS -=<_1'_I'-rC. day of k.::.. ,(.,;o~ /- - ~~,...,'~l 197f.by'Peggy Louise Eckenrcx1e, AKA Peggy LDuise Eldridge "7 ,"~)OJ.;', . . 0: ,."'.''i.l'.;,"'''o My commission eXpIres {U_71 ,197/. Witness my hand and official seal. .:" ~<"~<.' ~ F7;'/ ,..". .,....;.c.XVA>. ., ::~"l\.. '../ ",..., : ;. w IV ~ CV." ,.,-, Vi", J~ . . ~. ""<; r .-" .", ...,.... 'NGtllr!~41lli ' V 1:. " "" ,. , ' No. 933. QUITCLAIM DEED._Brad(ord PublillhingC"..182(.46 $toutStro(!t, Dflonver, Colorado (573-o0111-9177 :.:=0===--'==::-,==_"_._"._::.,._____11 ~~ Recordeda~, o'c1oc~,_M., August ~ Reception No 2 t.:z.4.B.L. Lor,e...tta " ,aner r;:-..c=,===::c-=--=---===:o=_c=c=:=='::::===-,::::_:::~=-""::='''==:,,:,,=:::: 374 I'^GE887 . . . R<<::corder. THIS DEED, M.de this dayoC August ,1979. AU G Z 1PAiD -0- =--==-=--==-I ,; I I between KEITH E. MAROLT 3 \>" of the County of Colorado. of the first part, and MAROLT ASSOCIATES, and state of California a Colorado General Partnership whoselegaladdressis c/o #300 Equitable Building, 730 Seventeenth Street, Denver, Colorado 80202 orthe Ci ty County of Denver and state of Colorado, of the second part, WITNESSETH, That the said part of the first part, [or and in consideration of the sum of Ten Dollars and other good and valuable consideration ~A~, to the said part Y or the first part in hand paid by the said part Y of the second part, the receipt whereof is hereby confessed and acknowledged, ha Sremised, released, sold, conveyed and QUIT CLAIMED, and by these presents dceS remise, release, sell, convey and QUIT CLAIM unto the said p,art Y oC the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said partY oC the first part haS in and to the following described lot or parcel of land situate,lying and being in the County of Pitkin and State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated' herein by this reference also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and aU the estate, right, title, interest and claim whatsoever, of the laid part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part Y of the second part, its heirll and a8signs forever. IN WITNESS WHEREOF, The said part Y olthe first part ha S hereunto set hiShand and seal the day and year first above written. ~ ;- 'Z77- L- ~/_'" ~ //d!A4Iv 7 '~~SEAL] Signed, Sealed and Delivered in the Presence of KEITH E. MAROLT [SEAL] [SEAL] [SEAL) } ss. County of ~,'VW; t-- The foregoing instrument was acknowledged before me this 19/9.by' Keith.E Marolt , My 'Commission expires May 18, 1983 STATE OF COLORADO, a~A-'C 1- a 'C,,:.lOl ;; c;J 1,0 Y day of U S~GLJ r....o:;~"....;~,~:''',) , ""f'JJ'" "-"., , .: ;" 'u, J ':-;" <Y: ;"',(Y/;r ~ ',,~~?' '-la' '. ....~'. .' '" ~~~.l7j'NN. . """, "';" 1'111 Notary Public. My commission expires .19 . Witness my hand and official leal. I 1 i I' L,_~===-=-==:-_-:c' --=-o-..cc:.c: . ,,______,.-___,u_________. .____,_._,,______,_,___~_' _",_~~,_ - ___, _____u No. 933. QUITCLAIM DE&D,-BradCord Publi~hin~Co" 1824-46 Stout Street, Denver. Colorado (673.5011)-9/77 riJ , .. r-, ,-, 374 r,~Gl891 ~ No. 7301339-6 _C SheetLof ~ SCHEDULE A-Continued 2. Covering the Land in the State of Colorado, County of Pitkin Described as: A tract of land situated in Lots 9, 10, 13, SW~ SW~ Sec. 12, TIOS, R85W, 6th P.M. and Lot 5 and NW ~ NW ~ Sec. 13, TIOS, R85W, 6th P.M. described as follows: Beginning at a point, in the center line of Castle Creek (theSW cor. Lot 2 Adams Subdivision), being N45021 ',v 682.87 ft. from the 28"x 14" x 10" rock witness corner monument set for the witness point for the S ~corner of Sec. 12 [said rock being 78.57 ft. N78010'30"W from an unapproved 1954 Bureau of Land Management Brass Cap stamped as wit- ness corner), thence N14040'E thence N14035'vl 149.97 172.00 ft. ft. to corner #13 #14 Holden Tract. , to corner Holden Tract, thence N37050'W 314.72 ft. to corner #1 Holden Tract, being identical with corner #4 North Texas Mill Site MS #3288, thence N54045'W 84.00 ft. to the center line of Castle Creek, thence N26000'W 94.00 ft. along the center line of Castle Creek, thence N28010'E 294.00 ft. along the center line of Castle Creek, thence N20005'E 115.40 ft. along the center line of Castle Creek, to the South Right-of-Way line of Colorado Highway No. 82, thence N75008'w 360.26 ft. along the South Right-of-Way line of Colo- rado High way No. 82, thence 63.52 ft. along the arc of a curve to the left [radius of 905.00 ft. chord bears N77008'38"\o,I 63.51 ft.), thence Sl0051'W 90.71 ft., thence S21047'W282.37 ft., thence S25028'W 715.83 ft. to a point being 1794.68 ft. S41052'15" E, from the 1954 Brass Cap marking the W ~ corner of Sec. 12, thence S18014'W 1107.77 ft to the North Right-of-Way line of Castle Creek Road, thence S40000'E 114.98 ft. along the North Right-of-Way line of Castle Creek Road, thence S53034'E 124.61 ft. along the North Right-of-vlay line of Castle Creek Road, thence N8l056'E 254.45 ft. , - Continued - J,,,,.C-H2.2 ~ " ,1""'\ "".'\ 374 p^GE89Z "...: . . 7301339-6 #3 of 7 SCHEDULE A-Continued 2. (Continued) thence S06042'E 308.07 ft., thence N90000'W 9.11 ft., . . thence S33000'E 61.65 ft., thence N68035'E 280.15 ft. to line 1-2Short Lime MS #4610, thence N16000'W 44.62 ft. along line 1-2 to corner No.1 Short Lime Ms #4610, thence N74000'E 236.35 ft. thence N90000'W 74.04 ft. , thence N19012E 117.32 ft. , thence N42030'W 329.09 ft. , thence N02043'W 221.35 ft. , thence N16044'E 139.78 ft. , thence S70012'E 120.00 ft. , along line 1-4 of Short Lime Ms #4610, -. thence N36045'E 268.63 ft. to the most Northerly corner of property described in Book 196 at Page 376, Pitkin County Records, thence N60046'W 261.04 ft. to the center line of Castle Creek, thence Easterly along the center line of Castle Creek down the ,creek 651 ft. more or less to the point of beginning. Form No. C.142.S ~~ -' ~, ",,,'_',,^c"""'." ,;..>, PUBLIC NOTICE Re: Zoning of Opal Marolt Property NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, November 20, 1979, at a meeting to begin at 5:00 P.M. in the City Council Chambers, 2nd Floor, City Hall, 130 South Galena Street, to consider zoning of property owned by Opal Marolt situated in Lots 9, 10, 13, SW~ SW~ Section 12, Township 10 South, Range 85 West, 6th P.M. and Lot 5 and NW~ NW~ Section 13, Township 10 South, Range 85 West, 6th P.M., Pitkin County, Colorado (located south of the intersection of Highway 82 and Cemetery Lane). The proposed zoning is R-6 P.U.D. Further information may be obtained from the Planning Office, 130 South Galena, Aspen, 925-2020, ext. 225. ~ ~ /s/ Olaf Hedstrom Olaf Hedstrom, Chairman Aspen Planning and Zoning Commission Pub 1 i shed in the I'spen Times on November 1, 1979. To be billed under City of Aspen fund. " '.h" .. \ ~ \ ,( f ".. I.:~ - l \ .. ./.'. Y, . ' , -......'.. ,. . ' ! :'..::. - .. ~ f\spen/Pit 130 s ~spen, ~ (~ { ~ ('- ~ ning Office street 81611 Not Delivcr2b:8 !-'is h~d[0SS8d I.:nabJe To FOiwan:l Plli'l ~ l:w,j 1111.' !'> ...' '-. :ttl( (~r:.r?(; ...., .~: ::. "~ l'l..vi..'~ifj.f'i.j -- - ",-",., ...... -- ~ r-, MEMORANDUM . TO: FROM: RE: DATE: Karen Smith, Planning Office Louis Buettner, Engineering Department Opal Marolt Property November 29, 1979 Dan told me to write a few comments-on the conceptual plan. First, I would like to point ,out that I put the approximate Main Street corridor on the drawing. This corridor is for the realignment of Highway 82. I have shown just a laO' corridor, the Highway may require more. I also put the approximate location of the old Midland right~of~way, this is the approximate route of the bus. The last th,;ng I would like to commit on is the roadway along the westerly property line. ' Scaling from the conceptual plan the development would have the City providin9 the majority of the right-of- way. In no way should the City (public) lands be used to enlarge this or any development. The Engineering Department will want this road making an inter- section with Cemetery Lane. The City property between the road and the develcp- ment should be open space. The conceptual plan shows this property being usee for the Elks parking. What will the developer give the City for all this open space they will be acquiring? y. t I I I I I 1 ..- ,. , ._~- r.-_"'~___" " __. 7., "'~""';r;'7'1C, ~:' ~ ,-'" r-, ''f'1 I I .I~' / /' I ,.. /1/'; /It ,.,....."J .-I. ,...'/"? """'; '" ,i.,,; I. - ; , /. ~,/ 1 ,,/ f <' y '~,-,~.("",....,". Robert 1- Joyce James M. MuJlig<n Allen G. Reeves Don R. Teasley Mulligan, Reeves, Teasley &Joyce, P. C, Attorneys and Counselors at La\'/ Suile 300, Equitable Building 730 Seventeenth Street Denver. Colorado 80202 tL-u ,( g.) " / ,..';. ,^,,)_~:'~ ,.1 J l"." tl,/ ",' ,,'..' I. ,> 01/ ,,'-.. I' , I'i., "'J-},,-)/l' /,Jt i " .,:' (::' (" ..:..- I "Telephone (303) 572.0600 Cable MULLREEVES i October 11, 1979 Herman Edel Mayor, City of As 130 S. Galena Aspen, Color Aspen C' Council 130 S. Galena Street Asp ,Colorado 81611 Dear Mayor Edel and Members of Council: As you know, our firm represents the Marolt family with respect to the annexation and developme.nt of their family property which abuts the City of Aspen. During the last several months, we have ~ade a point of consulting and generally attempting to keep in touch with the various Aspen City staff members whose responsibilities relate to that project. During one of those conversations, Jim Reents, Aspen Housing Director, shared with me his pro- posal to the City C01mcil regarding housing programs in 1980 and employee housing proposals from the private sector. Since in one of Jim's memorandums 'to you the 'l1arol t project was prominently mentioned, it seemed appropriate that we should give you our input with respect to Jim's suggestions. As a general proposition, we find Mr. Reents' comments to be well reasoned and accurately reflective of the problems and opportunities facing Aspen with respect to housing. We believe that, as Mr. . Reents indicates, the growth management plan, as it currently operates, significantly restricts the development of employee housing, as well as free market housing in the Aspen area. Without some modific3.tion to that plan or its method of application, we see little hope for the deve- lopment of significant numbers of employee housing units in' Aspen. ... p" 1""1 'f' \ Herman Edel, Mayor and Aspen City Council October 10, 1979 Page Two Conversely, if the City permits the construction of mixed free unit/employee housing developments, we believe you can expect the fairly rapid ereation of significant numbers of employee housing units. We also believe that the quality of those units, on the whole, would be superior to units in totally restricted projects. This is true because design and marketing considerations in a mixed project require the employee housing units to be of a quality and configuration similar to the free market units. This point has been evidenced to us repeatedly in our preli- minary discussions with the various land planners and architects involved in the development of the Marolt property. These professionals are unanimous in the opinion that substantially similar quality and design characteristics must be used for all structures within the development in order to make the entire project work. . We also agree with the suggestion that the appropriate per- centage figure for free market units be in the vicinity of 30-35% of total project build out., If there is concern that on very large projects this percentage would be excessive, you have the alternative of creating a staged percentage at higher densities. For example, 35% to 150 units, 30% from 150 to' 200, and 20% above 200 units. We again applaud the effort of your staff, including Mr. Reentz, Ms. Smith, and Mr. Stock, to treat the subject of housing in a reasonable and prodnctive manner. If we can be of any assistance to you in your deliberations of these matters, please feel free to call upon us. Thank you for your consideration of these comments. & JOYCE, P.C. -------- Karen Smith, Pl nning Director~ Ron StOCK - Ci Y Attorney Jim Reents - Housing Director Opal Marol t ~ --, --."._.__....-__-... .......~_..._.,_" ,,.' i.''c''=._.........'''_.._.....,'.,.._..... 'V"-" """""'.........,,_~,.,.,c..Jl.II>:7_.~,M':.'.._.,~,..r:--="'-~~--.._",._, "....",'..........'.,..,._,~... ~ ':'t .# ."". #f.~ . r-, ~ .' :TO: Aspen Planning and, Zoning Commission RE: Open Space Advisory Board Opal Marolt property--Zoning Recommendation November 29, 1979 FROM: DATE: The Open Space Advisory Board has, reviewed the Opal Marolt annexation and zoning application and the conceptual development plan, in t~e light of the preliminary 'draft of the Open Space Master Plan. This property is ::included in the OSAB list of desireable open areas for -preservation. 'The OSAB believes that the Marolt property' satisfies -the Master Plan criteria for open spaee preservation as, :follows: ' A.Natural area and rural character of landscape (river bottom, river edge, irrigated ~eadow and :farm land); 13. Areas which have (a) unusual variety in near and far ,views (views of Shadow Mountain, town, Smuggler 'Mountain, Red Mountain, Roaring Fork Valley, Buttermilk, Maroon Creek Valley, Highlands, Castle Creek Valley); (b) native or- unique flora (riparian ~lora on Castle Creek, Oak Brush slopes, stands of ,'cottonwood trees); and (c) frontages on river(includes or borders Castle Creek along its entire eastern .,boundary) ; C. Agricultural land (irrigated meadow and farm ~and) ; ,: D. Lands which may be utilized :for shaping urban, ~eighborhood, and rural areas such that building :andpopulation are concentrated in urban modes (i;he property lies between -ttheexistingurban ,:border and the Thomas prope~ty open space purchase -and inclu,des the geographic cboundaries of the Castle Creek ravine and fla.\t irrigated lands :adjacent to steeply ,rising .'ialley'slopes); cE. Undeveloped land along transportation corridors (i;heproperty lies between major roads located on the north and south, namely':StateHighway NO. 82 and the Castle Creek road,and lies directly in the path of a proposed transit corridor, and 'Would be separated from the'.adjacentThomas property by a proposed new road linking the Cemetery ~ane- Highway 82 intersection with the Castle' Creek Road at the entrance to the Aspen Valley Hospital) ~ ...~ . ,I I J .t~ 1 , i -. ';1 r-, ~ F. Areas accessible to population centers, especially those areas where non-motorized modes of travel (walking, bicycling, equestrian) a public transit provide access (the property lies adjacent to and is surrounded on three sides by the incorporated limits of the City of Aspen and the property itself marks the westerly boundary of and the end of the urban area); . G. Areas for passive or active recreational use, with more intense activity encouraged in close proximity to population centers (flat, irrigated land within walking distance of,town lends itself to development as playing fields and the steep slopes and deed ~avine of Castle Creek, lends itself to passive ~ecreational pursuits such as fishing and picnicing); B. Areas of historic and cultural interest (property is the site of the Aspen Union Smelting company, is bisected by the Old Midland Railroad right of way, includes the westerly end of the now demolished Midland Railroad trestle, is occupied by farm buildings bearing witness to the farm uses of the surrounding land and being in them.sl;llvesnis!:eric examples of good work-a-day authentic rural wooden . architecture never to be replaced, and is historically the place where the farmed valley began at the edge of the original Aspen townsite); :~he'.city of Aspen and Pitkin county have purchased ~ands lying easterly and westerly of the urbanized area of ~pen for the express purpose of protectiing' open spact at the entranc~s to Aspen and for the express purpose of confining >Cmd concentrating development'within an area 'closely identifi,ed ,,"-With Aspen' $ urban core. The open Space Advisory Board -therefore recommends to the City of Aspen that: a. Tl;1e city seek to purchase\allor part of the Opal ".;Marol ti property for open space purposes; i .. h. The property be zoned with aPUD overlay reflecting ~e cr~teria for open space as stated herein and in the '~pen s~ace Master Plan; ,E c. T~e city seek to secure the open space areas ~erman~ntly by dedications, conservation easements.or by cother ~ppropriate means. . ,- "....." ,....." A G R E E MEN T THIS AGREEMENT made and entered into day of , 1979, by and between the City of Aspen, Colorado, a Municipal Corporation of the State of Colorado, located in Pitkin County, Colorado, hereinafter called "City", and Marolt Associates, a partnership in the State of Colorado, hereinafter called "Marolt": WIT N E SSE T H WHEREAS, the City in order to insure orderly growth and the development of employee housing in Aspen desires to annex to the City certain unincorporated lands situated in Pitkin County, State of Colorado, described in Exhibit "A", which is attached hereto and by reference made part hereof; and, WHEREAS, Marolt desires that said lands be annexed to the City and concurrently with said annexation desires that the City initiate zoning of said land; and, . WHEREAS, the parties hereto desire to enter into an agreement with respect to the eventual development of housing to be constructed On the lands of Marolt to be annexed to the City in order that public needs may be best served by such housing. NOW, THEREFORE, in consideration of the premises and promises contained herein it is mutually agreed by and be- tween the parties hereto as follows: ANNEXATION AND ZONING Marolt shall petition the City, in accordance with State Statutes, for the annexation of the lands described in Exhibit "A". Marolt shall also petition the City to initiate zoning concurrently with said annexation. The zoning requested shall be R-15A PUD-SPA. The City agrees, subject to the provision of applicable law, to annex the land described in Exhibit "A" and to zone the lands therein in accordance' with this agreement. Provided, \ 'J . ,-.., """ however, that if the City is unable to accomplish said annexation or said zoning as requested by Marolt, and the City and Marolt are unable to resolve any differences, then .- ffV~~O~' the City agrees, and it shall, upon request of Marolt, dis- 'fi,cv>>L,' miss the aforesaid petition for Annexation and Zoning, and in such event, this Agreement shall be null and void. DEVELOPMENT PLAN Marolt agrees that the development plan for the property in question will provide for 70% of the residential units to be developed on said property to be permanently deed res- tricted to comply with City of Aspen definitions related to permanently moderate housing (PMH). ~') Marolt agrees that said development plan will be designed ~ <// // ~=/ to the extent possible to increase clustering of the residential //--~ / ..,m ' / ,Z) I ~/ units, maximize open space corriders and reduce intrusion into l;r c i!JF/ /1-. environmentally sensative areas,," 'j , The City and Marolt agree that the approP~~~~vJrocess C;}ISt-vd 0,)/ P1"<z for the development of the property is through the Housingev<<:f)}) fx - (,0;i it ill ,h) Overlay Process. The parties are aware that final legiSlative~~~~, authorization of such Housing Overlay Process will not be made '0 f~_ /f7 I,'r,-~ !~i("'-^)f' until January 14, 1980. However, the parties agree in antici- ':S::::;:;;,/ L I 1l,: ~ UKjv~S. pation of the approval of that process by the Aspen City Council that if such a plan is passed, the development plan for the referenced property will be reviewed through the Housing Overlay Process. Marolt agrees that it will to the extent possible incor- porate adequate area for road and highway realignment within the development plan. Marolt agrees it will use its best efforts to insure that during each phase of the development, to the extent possible, G dwelling units will become available for occupancy in a por- portion of 70% PMH units to 30% free market. -2- , () lAd (?J\ leA ' ~( dl {f)i2; {Iv t' 1 i ~ 1""\ r-, The City and Marolt agree that it is the intent of both parties that housing be developed on the site as early as is feasible. Therefore, if application for building permits is not made within two years from final approval of the final development plans, said approval being the last governmental action necessary to authorize the issuance of building permits, and if the City Council has not extended such time period at its own behest or at the developer's request, the City may undertake any procedures necessary to reject the annexation and zoning of the property in question. It is understood by both parties that Marolt's ability to develop may be drastically affected in variations in economic conditions. Therefore, the City Council shall not unreasonably refuse to extend such deadlines if the delay applying for building permits is due to difficulty in arranging for the financing of construction despite good faith efforts on the part of Marolt to accomplish such financing arrangements. t> '"'!tA" I ',. ( ! /1)/ ' 1.(.) PI ,I., '" " - ('vi",,1 'h'~U",i[ 1':; i i,/I/( Ii:// C_C~ ,^",!",'/C' rS' ,/ / '._:' L...I..... Y /t/ ..;.-,;, , -' ~.> MISCELLANEOUS Marolt may organize a program for financing on a tax exempt municipal bond basis its portion of the costs with respect to the improvements located on the subject land. City agrees to cooperate with Marolt in organizing such municipal finance program, provided, however, the City shall incur no liability whatsoever with respect to such program or any municipal bonds resulting therefrom. This agreement, when executed after final reading by City Council, of annexation and zoning petitions shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. CITY OF ASPEN MAROLT ASSOCIATES BY: BY: -3- I""I"~' :~;: -4 r :~ .-- I EXHIBIT "A" LEGAL DESCRIPTION OF MAROLT PROPERTIES PITKIN COUNTY COLORADO .~_.__._.. -- .---'-"" PAR.CEL i h, tract of land in Lot.13 (from ?ilP Plat by Hithers approved July 10, 1009) Sec. 12 T10S H85:'; GP.H. being part,o'f the "Stitzer Entry" described as f011o.....s: 'Beginning at a point, a fence co~r.er in place, being 202.41 f,t. N6GD19'15"h' from the 28" Yo: 1';" x ,10" rocl~ \'Iitness corn8r monument set for the \...itness poi:;t for the S 1/-1 corner of Sec. 12 (\1i mess corner mon. sho.,-;n in Cutslw,\... notes and plat approved Nov. 8, 1880). l;:aid rock being 78.57 ft. N78D10'30"\cl from an unapproved 195-1 Bureau 0:' Lanu ]'1c:magement Drass Cap fitnmped as' \,:i tness corner, .' ,thence N70D25 'E 132.33 ft. to line 2-3 MS tl2l1 HomestCtke , ' Claim, ;- thehce.SOgo37'E 200.25 ft. criped in Book 2tl3 1'g. 895 along line 2-3 to property des- Pitkin County records, ) . , thence S 82" 26 'w 312.13 ft. along Northerly line ,of property 'described in Bk.' 243 Pg. 895 to the corner of property des- cribed in Bk. 182 1'g_ 183, thence N23019'W 62.56 ft. along L2sterly line of prQperty ue$cribedin ilk. 132 1'g. 133, " thence N71 D12' E ,151. 41 .f~. along a fence line to a. fence corner, , thence N61D02'15"E 8<1.61 ft. a10D:t il fence line to il fence ,~ corner, thence N41D19'SO"!v 62.56 ft. . alo.nn i'\ fence line to ,the point ~ of beginning. ~'OGETHER \.,ith n perpetual 30 ft. right cusement upon, over, along, across and described as follows: Beginning' at the above-described point of beginning, of \...ay and utility under .the rcal p!operty, '. .. thence N70" 25' E 30.35 it:, thence N2D"20'55"W 154.30 ft., " ,thence 6Gl"56'10"H 30.00 ft., , , ' thence 'S2!lo20' 55"!': 11\9.02 ft. to the point of beginning. Pi tkin CO\Ul t:y, Colorado: .,.... ..--- . ". . . ,. .............-...-......,- .'-'" ,- ',Page 1 of 4 , I'J\.HC/::L 2 ~ ~~!~+ ., 1~~;~ :i.n Lots 9, 10, 13, SI'1 1/<1 [;\-1 1/1 1'.11. ",nc1 Lot ~ and Ijl-l lit! 1m l/ll P.M. clcocri~ea ~u follows: r-" ~,:"",.." '~;' ~ trne!: of lnnd uituut~d Sec. 12, '~lOS, nU5W, 6th Sec. 13, T10S, nU5W, 6th , ) Bcginning at n point, in the center line of Cuut1c Creek {the S\-I cor. J,ot 2 J\.dams Subc1ivid.on), being N15"21'1'I G8?.e7 'ft. f:r.O;;l' Ule 28" x 11\" ~: 10" rock \1itnesu cor.-ner ntonur.>.~nt !..ct for the \1:i.tness point for the S 1/1 corn~r of Sec. 12 (snid rock being "'8.57 ft. N78"10'30"h' f:t:o!O nn unapproved 195<1 nurCelU of J,ond }lcmil~Jei\lent DnlSS Cilp Sl:ornpeu uS \-,itnE;sS cD.l:-ner) ,- ", thence Nl1\"40'E 149.97 ft. to corner [13 Dolden Tract, th(~nce N1-1"35'W 172.00 ft. to corner i:ll\,lJolden Tract, thence N 3 7" 50 ','I 31-1.72 ft. too corner ill Holden Trilct, being identical with corner #4 North Texas Mill site NS 1328B, thence .N54045'\~ 84.00 'ft. to the center line of Cas'tle Creek, J , thence N26000'h' 94.00, ft. along the center'line of Castle Creek, thence N20010:E 294.00 ft. along the center line of Castle Creek, . , thence N20"05 'E 115. -10' ft. along the cent.er line of Castle Creek, to the South n.ight-of-I~ay line 0:[ Colorado ni9h\~ay No. 82, thence N75000'h' 360.26, ft. . along the Sou~h JUgl-it-of-Hay'line of Colorado High\~ay No; B2, ~ : thence 63.52 ft. along. the arc of a curve to the left' (radius of 905.00 ft. chord bears N77008'3B"W 63.51 ft.),' thence S10D51'W 90.71 ft., thence 521"47'W 282.37 ft., thence 525"28'W 715.83 ft: to a point being 179~.G~ ft. 541"52' I5",E, from the 1954 Brass Cap marking the W 1/4., corner of Sec. 12, thence 51801-1 '''I 1107.77 ft. .to the North ni.ght-of-Hay line of Castle 'Cree};: noad, , ., thence 540000 \ E 114.98 ft. illong the North night-of-11ay line of Custle Creek Hoad, ! '. thence S530 34' E 12-1.61 ft. along the North nigh t-or-l~qy line of CnptIc Creeknoud, . thence ND1?56'E 254.45 ft., thence 506"<12'E300.07 ft., t:hencc N9 0" 0 0 'N 9.11. ft., thence S3j"OO'E 61.65 ft., thence N6a03S'E 280.15 ft. to line 1-2 Sllort Lime 1018 H610, Page 2 of 4 ,. ,. r":,,;,,~) . '~:~~~:..:' -~ ~~r;:'l- ~..." , thence NIC"OO'W ~~.G2 ft. olong line, 1-2 to cornar No.1 SharI: LilO{~ HS 11<16.10, thence N71"00'J:: 23G.35 ft. nlons- Ene 1-<1 of Shalt J,i1l\e HS !:1610, thence N90"OO '\1 71;..04 ft., tll encc NIQ"12'E 11 7 . 32 ft_, thence N12" 30 '\'1 329.09 ft., .- thence N02"<13'\'1 221. 35 ft. , -?- .' 81ence NIGo14'E 139.78 ~t., .- thence S70"12'E 120.00 ft.,' thence N360<15'E 2G8.63 ft. to the most Norlherly corner of property described in Dk. 196 1'<;1. 376 1'.i. tl:in Co. lZecords, thence N60046'W 261.04 ft. to the center line of Castle C:x:eek, thence Eusterly along the center line of Custle Creek oC\-Jn the cl:eek 651 ft. more or less to the point of bcginning. 'Pitkin County, Colorado, . , \ i , "l'OGETHER I,i tho perpetual easement over, E;long and ~acrosn the. :oouther1y thirty, (30) feet of the real property cJescr..i.hea rin d' .'. " l,1ntre.u.J :oun pnt-ugrc:lph -1 hereof, for :l.ng:r:cs,s to, eg,<,css from ,and/Ul:Ln"t:\.cs : to the portion of the property described in this paragri:1ph ! lying anc1 being westerly of the p:roperty described in pzrilgraph I;. of, this Decree, but easterly of the centerline of Custle CreeK, said eQsement bein9 for the benefit of said real property above described and the pluintiff, its grantees, c:lssignees, invitees and distributees only. . . '.rOGE'J'HER \'lith the following described property: ]I. tract of land being parts of L0tS Band 10, cll1d the S\V'l/<1 SlY 1/4 Sec. 12 TiOS RB5W, 6th r.M., being part of property described in Dook 175, Page (;28 of thePitJ:in County .Records" described us follow~: ne~:b;ning '~t a point on the East line of the Thomas Entat~ prop~rty being lU23.79 feet S ~O"19' B. from the W 1/~ Corn~r Section 12 '1'lOS RUSH, 6th 1'.1-1. (a 1954 Dureau of Lund t-lanage- m'~nt nrilss Cap);' thence S Ill"l!" \1 66. t.4 feet 'along tht! East line of the '.rhomas Estate property; Thence along a curve to the left, radius of 308.10 feet, 11 distance of 51,0. -12 feet. (chord bears S 18"51' W 173.76 feet)i thence S 31"21' E B.OO feet to the East line of the 'rho~as E~tnte p,r.operty i t:Jlence S 18"1'l' \1 131. 35 feet along the East line of the Tl'Iom.:!s E~tate propertYi thence N' 3io?1' 1193.16 feet; thence along il curve to the righ,t, nidi\!!; of 1,0[;.10 feet, a tli5ti.lnCe of 27.1. H feet (chord beam 1-1 1~oJ\9' 30" \~ 210. J\G feet) i .thence ulong n curve to the right, 'r11dius of 663.65 feet, a distcmce of 100.00 feet (chord bears N0-1001' E 99.91 feet).; thence , Page 30f 4 " .. r-At ...;~lin~~'~:r' 1"\ ~ .~- . .. ",!!?:~;" < . N OU~2U' E 21;5'.00 feeti thence 1110119 a curve to tlw'lc:ft, radius of 440.22 feet, a ai~tance of 235.01 feet (~Iord beDrs lJ OG"4l' \~ 232.39 feet) to the SOIith tight 0'[ \~i1Y line of {-,he I-lain line of the railroad; thence along a curve to the ;dght, racJius of 2964.0 feet, i1 distunce of 13G. 07 fC8t (chord bears N 49011' W 136.07 fcet); thence N 17052' W 1)50.00 feet; thenoo S 00(21)' E 15t!.10 feet to a point on the centerline'of the railroad l11aiI11:tne'llcin~f 2376 feet more OJ: losi Northwesterly from the East line of Lot VI Seq. 12 (J:imberly Survey); thence S 00"21 I B 151\.10 fecti thence S 47"S2! E 21S.pO feeti thence along a curve to the' left, radius of 2764.8 feet, a distance a[,454.01 feet (chord hears S' 52<> 34' E 453.50 feet) to the Bilst line of the 'J'homas Estate propertYi thence S 25D28' ~~ 11'7.50 feet i1long .the Bast line of the Thomi1s Estate property; thence S 18<>14' \-1 57.06 feet along the' East line of the, 'J'hornas Estate property to the point of beginning. ~ Page 4 of 4 . , - ~. '(I July 11, 1979 . , . design workshop,inc. . 415s. sp,ing aspen. co 81&11 303-925-8354 .., CONCEPTUAL PLAN/OPAL MAROLT QUANTITY TAKEOFFS .''''... . . ACRES <1 '1.7 I~ads: 80' R.O.W./40' paved (2320') 60' R.O. W./~O' paved (1280') Parcels: A/Elks ,10,000 sq. ft. building 80 parking spaces ,recreation field pool/amenity area B/City Maintenance Yard C/M.arolt House and Garage Picnic ~rounds to river Field , ~ . 1 fi.fj D/Market Housing 40-45 'units (14 DU/AC 72 parking spaces pool area 3.5 .E/Emp19yee Housing ., ' 27 units (13 DU/AC) 1&2 B.R. 54 parking spaces 2.1 E/Employee Housing 27 units (18 DU/AC) 1~2 B.R. , ,48 parking spaces 1.8 . G/Employee Housing 12 units 2&3 B.R. (6DU/AC) 40 parking spac,es 2.4 H/Emp10yee Housing 14 units (20 DU/AC) 2B.~. '28 parking spaces I/Dedic~ted Open Space Pool area.' Contiguous open field , River 'valley edge, Links to existing pathways. 1 ./ 9.1 ,: community development land planning landscape architecture "";'.:'" ; . t' , ..~\.'\. '~'y;'~'~::'r,f:r . I," ..,....~.. , . -.-~~' . 1'.... }'. '---, .... ~., , -.<t."" ."... '" ~'''-T ~..... . , "'fM'" \ ~ ..~ F, .~_.. r. ',"':\'P:"""-.r . ~ . 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I,' .. f)' ; ~. . . ,~ .' , .j#....-.-....... ~ :"'1 :'. Y:. " S' ~ ., . '," 'r ~ , . :~. ~ ...~ '. . " i\. ..... . '. .:--1. "'. ',\ : ." ,-;...~,.. . .J..:~ ,. :"'..~t:,>: .~:r~~~:'~~r~..~:..:~~-,.:~,~J ~: ' '"" :.'-'- .'S' ,.,t.,....... ~'".,,'~;.....,.".,...1..,i:"~.t.;..~- ; .....~"-~'.....'. ..~~~1~r:"'.:(.. ~~""r.,t,.:.~. ; '.''Ji '.t:~. .". '1" :~. ',. ( t ",' I , " " , \ -;~T 7., , ~ " .... ,~........:.L I': .!' 'j ,'r;' ... . ~" I,' >,t. '," l ..,t ,;-t;. .~;::. :~~t~~. .,\'{i' , ',' " ~. . . .... ." ~ . " , "'. I . 'i.~~' -". " ..~~~L! ,..~.._..J..I1L . . ,. '. '. PUUt UO.~'eh.IaSUOO ^~.O q~no.Iq~ '/.\:0<1 '.08 .IO'; pasn -ea.xv . I ~aa.IJ at~s~J ';0 ~s-e~ puu~ u01sua~x~ ~01/r (p.~UOO) ~~OUVW/MV~d ~Vn~d~~NO~ ,--. ,;.." i. "1 ." . ~ " ". \. '... " ~.,=~~\~" ..--.;....... '"""~-_... i '- " :..' ,f . .,.. Roben J. Jcryoe .f-e..M.M.ulIig4Jl AU... G. Re""". Do.R.re""I';7' .MuIIigdIl & Reeves. P. C. AtllmJ.eysand CoW\selors at Law Suite 300 . E.rnt.oble BwlJing 730 Seventeenth Street . Denver. Colorado 80202 . July 17, 1979 Telej>1.ODe (303)572-0600 Gable lillWlEEVES . . ' lCaren Smith Director of Planning City of Aspen Aspen, Colorado 81611 Dear Karen: Please find enclosed a Petition requesting that the ~~rolt property be annexed to the City of Aspen. Also enclosed is a conceptual layout showing the proposed use of the property subsequent to annexation. This use would require that the pro- perty be zoned S.P.A. Z would appreciate your assistance in processing these applications and will of courSe be avail- able to you for discussion or further informa- tion. . As we discussed, by phone today, since the exact p;ocedures necesF(iry for approval of the Marolt deVelopment have not been settled upon by all of the officials involved, we have also submitted un- der separate cover an application for rezoning, to . Pitkin County. Obviously when we col~ectively de- cide the best course of action to undertake one or the other of these applications will be withdrawn. I will call you after you've had a chance to view this material to arrange some. time with you and . . ~, ~:r. ,-',' ':'"J7.it:"; ",he .'. ! . '.. ~..... . , ~ ': : --- ~,~ : , 'f:,}~;oo.~.,,~:'t:-~ . ,.f.::'....~, ":~', . ~'. . t -:\' ~; ; . . , 't' . .- ~ :. 7~~:~ r~," :!..~.T:~'..~ "":.....-r. " . ..~.;,i. '.:" .. ~': ~- .- iY:!'. .......... .' ,1. ~. .- -...~. "' ....~ . ._~_.. 'OJ..;: r ".,.--. ...... ~ ~ .~;:'l ,~ :". . " r... "!I!. - ;t. .~,;. ,I,t ..L-.. l' , , f '.:' t"~. 't .,' :,' . ".;,L.. 'j , " :: i ~. . ~ j , , r ,'Y '. , ',. '. , ;" .. ~:';:.\ 1',.)"; ._1'. ~ ~: ... : y, ,\ 'I >t')" .~ :0' ~ L '. , . .... ....: I':':'~ ",~.....;. ,~.. ~."'t',/lO;,....:t...~"";'.;,.....\~......,....~.'>;\"" .i~.:~~~.j.~jk~?:~~..7.!,::P!''''.~.:~.~~''' ,.:~:,.':;~:'!~::' :':, .. "-:- ~ ,I~-,-"_..."'t.,,, '......fJl'.'y , ... fl.' 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'r -, .,~ .... j '~ ,.\:.' ;:k \ ..----...... ;) ::-.,t\ .: :~ i ,:,,:~l-,a" ..J.! ':':} , ." '," .;..', . .1.: '-." " . " t:- . , - . ....~...~:..;..--..:.:;......... , , '. ~ .' '0' .....,. .J',i...~.:,.', . . . . . .:','1}, ;..;, _ J~! . ,. .. . .J 'f''':..I_,\ _.... ..;.L'_~~ ......;...,_, .. ,"Iad' ) ". ,.oJ' , ~~,,~u,~~:,~~~,"L~_. . " ~~aL. . .... '. -r ~, . ....~ .. " ;110 . . ~. 10 .... '.' .": f..~ "~ j.~. ",~~,,,,,,,,,,,,~~_,-,",~iioJJi'~' .. .- ~ ".,~~ '.:~::'~" .. ',', . .. .. ~10.7~W 'P[::>'M. ~10.71:1W l~dO :::>x ~ sa.7nsOt::>ua '.7a~~Em s~~~ u~ u01~~~adooo .7nOh .70; nOh ~u~q~ . 'l~sodO.7d a~~ ssno -StP .7aq~In; o~ ~oa.7tP nOA S1:1 st~~o~;;o h~~o..7aq~o AUV . 6L6t 'Ll A'tnL' -~- . q~ ~ms ua.zq ,"", /"- , "....,. '.'''' ,.. ..,I 'j :'1 'ij ~""'" '" e. r. ll'lfCKfL a. 8. ll- L. C,l. /"" I 'v/ () "-It,? j~~ ,~ Special Requests RECORD OF PROCEEDINGS 100 Leaves ;j I d ~l ~l; I ',;-j , Ii ,.j d ~, 1 [tf .,it "! ~':i ';1 ..,," ,I,'; "'1 .1','= .~. 'j :(j' "I :tr~ , .. ;:t;,1 ,~:. 1 -, \f,'< <,I Regular Meeting Opal Marolt, Annexation and Rezoning Commissionmember Comments s"j ';1 :t1 .' ."": :;* "" . ~ 'I II s ,~j '~-1 ~~l ~i <l ~ .....~ '~1' /f;< "'J tl ;(;1 ,1 ~t<( ~1 '1:;1 f~ :~ii "1 l! , j .~ 'T' ''I; ., ,; ~! ~, , 1lP,: . ~ ,:",. ;: Aspen Planning and Zoning Commission December 4, 1979 Closing of Public Hearing and' Discussion of said pro- posal and Decisions made concerning such: Anderson closed the public hearing: ~lar questioned Smith on zoning Sf A, and concerned with L turning it into a caretaker unit/ Smith, stated that any zoning designation is only as good as a Council votE to change it. Klar felt however, if we do SPA, and use the 7 points given the P & Z as guidlines, would be pursuant of long lines of thought and if we change our minds are we legally liable. Pardee thought not, but the problem with the Institute was with tremendous de- lays and changes in direction. If we deal diligently with the options and can't come to an agreeIllent, then we say RR and he has no case, he came in from RR and is still RR, and he fave his best shot and I would like to give more guidlines to the applicant, but we have to protect the city's interest. Is there a problem with doing SPA? Smith, No. Klar felt that after the 'two day seminar and some of the things on the agenda, hoping that the extent of interest by so many groups in our co~~unity, will help. We know what our shortfall is now and with the predictable shortfall will be what, in years to come and what our growth rate.should be and what our needs are going to be and with policy to be determ~ned do we want the large projects or are we going to have the mix. She felt with this being such a prime piece of property, and someone like Opal Marolt as well as other local people that have put hteir time and energy into this community should be rewarded. I would like to be able to work with them, but I am hesitant at this point to do to much with that property because of a general picture in the immediate future, along with all these criteria, where we are going to be able to look at this and have more community involvement and with these programs that we are going to be developing, I really don't want to create anymore red tape or post- pone things, but we are getting in a real critical time and we should be lOOking at acquiring as many pieces of property as we can for a long range planning. The focus right now is on employee housing, who knows what it is going to be in 5 years. Hunt felt a problem exist of as soon as recommendation of zoning on the property is done there is no assurance that Opal Marolt will do as specified and possibly faced with some other developer, as much as he would like to see Opal Marolt do it. Now, getting back to the real problem at hand, 'it has been the policy of the city, any property annexed does not in effect allow an increase in density by vurtue of its annexation, that means legitimately we 'should zone it RR and there is certain presidence for that. What I have been trying to figure out, is a way of getting a designated development site in that area with appropriate zoning and is it possible to say RR and then indicate ,for the purl?oses of development of primarily employee, housing that we cou~d except a maximum number of units. "'-"~:."':~ -'r-.-' , >',,;;'~;r~~'" "'~;1':'<'~r~:' n (1 I "":!r~:r."''''"' ..... .---.",.-..' J ~~ -vI:'l ,.:C - I rO'UI\1 ,c. r. Hn~CKrl,; lJ. B.a L. C,l. I""' ~ ) " RECORD OF PROCEEDINGS 100 Leaves '~j Regular Meeting (I' I'll t'.: ~,;L -"I , j 1., :~:~i ;',j I.J \z,' ,~ ::,i ?i-I i J !:t 1/'"j . j :"'1 ,h:: ,~ .,1 d ;-\ 11 fl -,', ;t~::,~i j 'I , ~ tol "1 :'1 fj f! "~:.i ". .. ~: 1 H ;j .~ ,1 ", ~ '. I, ,'t.- ; ,.o;"!,:J "'il .1 '.- " r'~ '1 '! ! i ti ;, i ;;~-:,j c.:,.,'] !,j <{\:j ..', . ~ ~l' :1' ~,' " ~ '1l('}" ," ': Aspen Planning, and, Zoning Commission December 4, 1979 Smith, with the RR as an underlying zone district, I think that would limit the'density. Hunt, but where the SPA preposses, we could come up with an absolute number of units. Smith, the RR comes up with an abso- lute number of 17 units. Hunt, I understand that, but because I basically want to have it an RR floor. Pardee if we don't agree with SPA instead of leaving it SPA like we have done with the Institute, we could say sorry it is RR and that's it, everyone has given it their best shot and nothing happened and they didn't gain their density when they got their final zoning. SPA means, special planned area and if there has been an area that is to be special planned it is that. Hunt agreed, we should indicate it is SPA with an absolute maximum num- ber of units. Pardee,' I would say that, we are all with the same views and are the ones that are going to look- ing at it and someone ,is not going to slip in with 180 units, but we may find some places that by clustering and because of trees and on thing or another get in 140 units of which still only 30 or 40 or so are free mar- ket. Hunt, well it better be SPA with conversion only to RR, after a period of time. Anderson suggested a straw motion on SPA-PUD, and asked Smith, would it be appropriate to designate it PUD-SPA. Smith felt there is ~ question that has to be decided, with the PUD gives you mo~e review criteria and a long- er process, SPA is the same process as the Housing Overlay without clarity perhaps. Anderson, the SPA will allow to determine numbers for PUD. As a proposed motion on this'motion to the effect t~at we move to adopt a SPA-PUD zoning designation for the property known as the Opal Marolt Property, should it be annexed into, the City of Aspen based on a gen- eral favorable reaction of this commission to, the pre- liminary plans as presented to this commission in ruff and conceptual form without this approval being restric- ted to specific numbers and site design, all of which shall be determined during the SPA and PUD procedures. The approval shall contain the seven (7) conditions of ~e Planning Office Memo, dated Dec. 3, 1979. Pardee, I'm generally in favor, except with the seven (7 conditions, I'm not sure, but don't vilantly disagree. Hunt, felt the problem with that motion, has no numbers with PUD. Smith, the motion does have numbers and was not sure that the sense was that they are wanted. Pardee, also it says R15A and a lot of things. Smith, now the seven (,7) conditions do not say' RlSA, one of the conditions days it. . Anderson, can I poll each member, as to how their feeling about this motion. Klar, I would be in favor of 'it if we could delete that with a ratio put in of some type of potential develop- ment to give them some guidlines. I think this would be okay and I would approve. ',,",:~--",'~ ~...<.. ~ ""} ~-j - . :/" \ I 1""1 ^ ~. i , {I j FORM l~. e.~. IU)(eIfEL8. e.... L. c.). RECORD OF PROCEEDINGS 100 Leave!! Aspen Planning ,an,d,Zoning C.omll1Jss:i.on December 4, 1979 I Regular Meeting '"1 ,.j ~l ~'.!. J" 't.! ;, 1:;1 r~ Anderson, how about saying, it says with a maximum te be set during PUD procedure with at least with a 70%/30% maximum. Hunt, paragraph 7, where it says rezoning would revert, Zoning should ,revert to RR, because we have nothing to revert to if we adopt this. ;j i~i,j .~H J;;J '.." ,,;"!."": 31 Anderson, there is two years from the approval of the development pla~, which is after all the bureaucracy that goes in here gives them 2 years te get financing and start construction. ' ~," J '~l ~':2 Hunt, One of the biggest problems with the Institute's SPA, was we gave them nothing to go by. Andersen, they have given us a plan and we are saying in this motion that we generally except this plan they have given us, generally, without tying ourselves down to it, but that we generally have excepted it, and I have made mention to numbers of units. Can I have any- 'Gnemeveto adopt a SPA-PUD zoning designation for the ~rpperty ~pown as the Opal Marolt Property, should it be annexed into the City ,.of ,Aspen based on a generally '$avbrable reaciton of this commission, should the pre- liminary plan as presented to this cemmission in ruff 'a!:loconceptual form without this approval being restric- ,.ted to specific numbers and specific site designs, . which shall ,be dl3termined during SPA and PUD precesses. The approval shall be conditional on the seven (7) con- ditions of the Planning Office Memo, dated December 3, 1979, with the fOllowing changes: subparagraph 2, line 3, shall be changed from a maximum of 100 units as re- commended (70% employee/ 30% free market), that shall be changed te, with a maximum to' be determined during SPA process with no less than a 70%/30% mix .of employee and free market units. .J ->g, ~i~ ~', ; :d'j ~;'j, ,~':i '~:1 f:l t,., ii :1 :! ~ ".~,':" ~j k1 ;"'J ~t~ ;J i "';-;4 ~J ,.q li 1,.4: '1-1 ~ ':1 1:~ '1 'I. ~j ~, ~ t t f ~ Smith, why don't you eliminate that paragraph, because I said the 70% previously, in condition #1. You may want to leave the condition that you are urging clustering and maximuizing of units. ' Anderson, eliminate and also strike the last sentence in that paragraph, it appears that this would be the appropriate density calculations of R15A, and in the last paragraph 7, line 5, fOllowing the sentence after ()'S, two years from development plan approval or the Z~ning would revert to RR and to add to that condition, ( .) that serious study and design work be formulated i regards to access to and from this property. Klar, se moved. Pardee, seconded. All in favor; Hunt, aye. Klar, aye. Pardee, aye. Anderson, aye. McDonnell, nay. Motion approveq. . "",'-,"" n~ ::t,:,""",,:;, '",,:~"~ "I , I ,I 1 , I I I Ifl <.; , '\ "'4 '_:~, ':' ""l:!, ".) !"""" ,-, " .J , , ,_.... ,'.. Special Requests ., I RECORD OF PROCEEDINGS 100 Leaves 'CRlllO. C.r.HOFCKFLlJ.D.o\l.C,l. Regular Meeting Aspen Planning and Zoninq Commission December 4, 1979 Closing of Public Hearing and Discussion of said pro- posal ahd Decisions made concerning such: , , i , J I , I i'! ~., ;\ ".t! i t Opal Marolt, Annexation and Rezoning Anderson closed the public hearing: . Klar questioned Smith on zoning SPA, and concerned with :turning it into a caretaker unit. Smith, stated that any zoning designation is only as good as a Council vote to change it. Klar felt however, if we do SPA, and use the 7 points given the P & Z as guidlines, would be 'pursuant of long lines of thought and if we change our ~inds are we legally liable. Pardee thought not, but the problem with the Institute was with tremendous de- ~ays and changes in direction. If we deal diligently with the options and can't come to an agreement, then we say RR and he has no case, he came in from RR and is still RR and he fave his best shot ,and I would like to give more'guidlines to the applicant, but we have :to protect the city's interest. Is there a problem 'with doing SPA? <Smith, No. Klar felt that after the two day seminar -and some of the' things on the ,agenda, hoping that the ~xtent of interest by so many groups in our community, will help. We know what our shortfall is now and with the predictable shortfall will be what; in years to come and what our growth rate should be, and what our needs are going ,to be and with policy to be determined do we want the large projects or are we going to have ,:the mix. She felt with this being such a prime piece, of property, and someone like Opal Marolt as well as ;other local people that have put llteir time and energy into this community should be rewarded. I would like to be able to work with them, but I am hesitant at ':this point to do to much with that property because of ,a general picture in the immediate ,'future, along with all these criteria, where we are going to be able to ~ook at this and have more community involvement and ~ith these programs that we are going to be developing, I zeally don't want to create anymore red tape or post- pone things, but we are getting ina real critical :time and we should be looking at acquiring as many 'pieces, of property as we can ,for a long range planning. 'The focus ,right now is on 'employee housing, who knows -"'What it is going to be in 5 y€ars. ,'Hunt felt a problem 'exist of as soon as recommendation ,-of zoning on the property is done there is no assurance thai: Opal Marolt will do asspeci,fied and possibly :faced with some other developer, as much as he would like to see Opal Marolt do it. Now, getting back to 'the real problem at hand, it' has been the policy of .':':'the city, any property annexed does not in effect allow can increase 'in density by vurtueof its annexation, 'that means legitimately we should zone it RR and there is certain presidence for that. vlliat I have been trying to figure out, is a way of getting a designated -development site in that area with appropriate zoning and is it pos~ible to say RRand then indicate for the purposes of development of primarily employee housing that we could except a maximum number of units. Commissionmember ,Comments "'(l~". ',,:i-Y:;'" ",~'~';' "'~"<;:l' '. ~~",f" .".'~'~' ~~?'~' "',!':"f':""':'~""" '-. .. '. ~. ~ ~, ',,-, "; 1""1 ,~ ) '. , . 'RECORD OF PROCEEDINGS 100 Leaves ,0ItM \~C. " ~lJrCll'rLB, t." t. (;.~ "1 Regular Meeting Aspen Planning and Zoning Commission December ,4, 1979 Smith, with the RR as an underlying zone district, I think that would limit the density. Hunt, but where the SPA preposses, we could come up with an absolute ..number of units. Smith, the RRcomes up with an abso- lute number of 17 units. Hunt, I understand that, but because I basically want to have it an RR floor. Pardee if we don't agree with SPA instead of leaving it SPA like we have done with the Institute, we could say sorry it is RR and that's it, everyone has given it their best ,shot and nothing happened and they didn't gain their density when they got their final zoning. SPA means, $pecial planned area and if there has been an area that is to be special planned it is that. Hunt agreed, we should indicate it is SPA with an absolute maximum num- ber of units. Pardee, I would say that, we are all witb ~he same views and are the ones that are going to look- ing at it and someone is not going to slip in with 180 ,units, but we may find some places that by clustering and because of trees and on thing or another get in 140 units of which still only '30 or 40 or so are free mar-, keto Hunt, well it better be SPA with conversion only '1;0 RR, after a period of time. :Anderson suggested a straw motion on SPA-PUD, and asked Smith, would it be appropriate to designate it PUD-SPA. -Smith felt there is a question that has to be decided, ,with the PUD gives you mo~e review criteria and a long- er process, SPA is the same process as the Housing Overlay without' clarity perhaps. :Anderson, the SPA will allow to determine numbers for PUD. As a proposed motion on this motion to the effect that we move to adopt a SPA-PUD zoning designation for the property known as the Opal Marolt Property, should it be annexed into the City of Aspen ,based on a gen- eral favorable ~eaction of this commission to the pre- liminary plans as presented to this commission in ruff 4nd conceptual form without this approval being restric- :ted to specific numbers and site design, all of which- shall be determined during the SPA and PUD procedures. ~he approval shall contain the seven (7) conditions of >the Planning Office Memo, dated Dec. 3, 1979. Pardee, I'm generally in favo,r, except with the seven ('] ''Conditions, I'm not sure, butdon'tvilantly disagree. 'Hunt, felt the problem with that motion, has no numbers '-with PUD. ':Smith, the motion does have numbers and was not sure 'that the sense was that they are wanted. Pardee, also it says R15Aand a lot of things. Smith, now the seven (7) conditions do not say R15A, one of the conditions days it. Anderson, can I poll each member as to how their, -feelin~ about this motion; . 'Xlar, I would be in favor of it if we could delete that with a ratio put in of some type of potential develop- ment to give them some guidlines~ I think this would be okay and I would approve. . '~ ';1" "~'}'t i~:~" . -'~, ,.......~""r ~._....,-~ -"""'~n ,- . r", .~ ) ~ > . , '1 :j .j \ "0Illi,, e.'.IlQ[Clfft....-'t.(;.l. RECORD OF PROCEEDINGS 100 Leaves ./\spen Planning and, Zoning COIl\lllis,s,i,on December 4, 1979 :j Regular Meeting fj' ~(~l ,,;1 ~;"'! :\f: , ,I; >'.:...:-, r.,\ d:; ","J ;,{.1 t;,~,~ ',., "j j..J .,',:. ./\nderson,how about saying, it says with a maximum to be set during PUD procedure with at least with a 70%/30% maximum. ~ -j ",~,. Hunt, paragraph 7, where it says rezoning would revert, Zoning should revert to RR, because we have nothing to revert to if we adopt this. Anderson, there is two years from the approval of the development plan, which is after all the bureaucracy that goes in here gives them 2 years to get financing and start construction. ' ~,D ;:,-.,: ",'; Hunt, One of the biggest problems with the Institute's SP./\, was we gave them nothing to go by. ~i 3"')1 ;-.,,; "\>1. .;;; Anderson, they have given us a plan and we are saying in this motion that we generally except this plan they have given us, generally, without tying ourselves down to it, but that we generally have excepted it, and I have made mention to numbers of units. Can I have any- one move to adopt a SPA-PUD zoning designation for the 'property known as the Opal Marolt Property, should it be annexed into the City of Aspen based on a generally favorable reaciton of this commission, should the pre- liminary plan as presented to this commission in ruff and conceptual form without this approval being restric- ted to specific numbers and specific site designs, which shall be determined during SPA and PUD processes. The approval shall be conditional on the seven (7) con- ditions of the Planning Office Memo, dated December 3, 1979, with the following changes: sUbparagraph 2, line 3, shall be changed from'a maximum ,of 100 units as re- commended (70% employee/ 30% free market), that shall be changed to, with a maximum to be determined during SPA process with no less than a 70%/30% mix of employee and free market units. j..-:'i .;:.',-.i :;.~> i ~,;: { ~',' " 'd ~:.' ! , ! ',1 ~i ::J ,-~.~ '#t:rj o;j ~"".,j :~; l;! :~;J ~.1 '\':j :~~ ,.~ }?l "'j ." .~~ ~ 1;\ .~ 6; ,:"~1 Ii '~\j ;,;,] iiI .#' "1 " Smith, why don't you eliminate that paragraph, because I said the 70% previously, in condition #1. You may want to leave the condition that you are urging clustering and maximuizing of units. Anderson, eliminate and also strike the last sentence in that paragraph, it appears that this would be the appropriate density calculations of R15A, and in the last. paragraph 7, line 5, following the sentence after O's, two years from development plan approval or the zoning would revert to RR and,to add to that condition, (a.) that serious study and design work be formulated in regards tO,access to and from this property. Klar, so moved. Pardee, seconded. All in favor; Hunt, aye. Klar, aye. Pardee, aye. Anderson,' aye. McDonnell, nay. Motion approved. . \ i ~ "., OJ ~ " .--,....~. "","~': ''II.]. ',) . .~, t""""\ James 1. Mollica [ Associates, Inc. Real Estate Appraisers and Consultants Aspen, Colorado Mason & Morse Building. 315 East Hyman Avenue, Suite 209 Aspen, Colorado 81611 .303/925-8987 A PRELIHINARY OPINON OF VALUE FOR THE }lAROLT RfJ,CH LCCATED ON HIGHHAY 82 and CASTLE CREEK PITKIN COUNTY, CO Octob,er 17, 1977 FOR: Nr. Lenny Oates and Mr. }lick Mahoney c/o Oates, Austin, McGrath and Jorc1au 600 East Hopkins Avenue Aspen, CO 8161.1 PREPARED BY: James.J. Hollie'?") RH Real Esta~e Appraiser II James J. Mollica, R.M. Appraiser-Consultant ~ ~ James], Mollica It Associates, Inc. Heal Estate Appraisers and Consultants Aspen~ CoIcrado Mason & Morse 'Suildfng.. 315 East Hyman Avenue, Suite 209 Aspen, Colorado 81611 .303/925-8987 O~tober 17, 1977 Mr. Lenny Oates and Mr. Hick Mahoney cia Oates, Austin, NcGrath and Jordan 600 E. Hopkins Avenue Aspen, CO 81611 Re: A preliIJ.inary tIOpinion of Value" for the Harolt Ranch located on Highway 82 and Castle Creek, Pitkin County, CO Cen tleiilen: At your cOi11.bined requests, I have personally inspected the subject property, have gathered and analyzed applicahle market data and development 'costs, for the purpose of estimating the raw land value of the subject's approximately 38 acres. This analysis has b~en offered in a brief letter forn at this time, since both client's are local persons, and very familiar \.]ith the subject property as well as the local Aspen economy. However, I have contained in my files all of the supporting data and exhibits from which I have based my opinion and from \'Ihich I could prepare a formal appraisal at a future date if' so desired. The valuation stated herein is based upon the following assumptions. If anyone of thase assumptions is not considered reliable by the clients or if they change at a future date, prior to purchase negotiations) your appraiser reserves the right to reanalyze the property under, the alternate situatio~. These assumptions are as follows: 1) The subject is currently zoned AF-2 P.D.D. un~er the Pitkin County Zoning Code. Under these requirements" the s'.loject can be developed with 19. residential units. 2) Currently, under Pitkin County regulations, all acreage on a paree:l can be used for density allowance. This sugg2sts that: althought no deve~Op3ent could take place on topography over 30% grade, it can be used ror density requirements. 3) The direct expenses used in the analysis refl~ct total road and utilitie3 ext:(:r!.sions not to exceed one.-:-half r:ile (2,,6!.0 l:lneal feet). Depending UpOl.l. the development program and P~U.D. requirements, this ~ay vary considerably. 4) Indire.ct expens2s of m':::ln2.gem'~nt, supervision,. o\rerhe2.d, 'interes"t and reo.l E.st2te CO>1.lLr:issions are considered average. .for this size of develQps.ent. Development profit of 20% of tn.~ total sales price also 'II; James J. Mollica, R.M. Appraiser-Consultant ,-, ~ October 17, 1977 Oates-Nahoney Narolt Ranch PageT1vo is considered average for the Aspen area. 5) Tap fees and extension approvals are not easily determined at this time. Therefore, your appraiser rounded the net value downward to include these costs. 6) Much of the information supplied in the direct expense section was supplied by the developers of the 4S-unit subdivision located on the Hubbard Property in Basalt. Further verification of expenses "ere selected from the Nashall-Swift Residential Cost Hanual, 1977. These expenses are subject to change, depending upon the topography, development program) and soil types. 7) The current improvements on the property include a small single family residence, garage, and old historic outbuildings and miscellaneous landscaping. Although these improvements are basically in sound condition, your appraiser gives them little or no weight in the analysis of a 19-unit P.D.D. project. The only value considered applicable is for rental space and/or project office to help defer' the interim costs of taxes and/or management. Based upon my analysis of the accumulated data, and considering the above mentioned asslli"ptions, I have concluded that the Fair Narket Value of the subject property as of October 17, 1977 is: One Million Dollars $ 52,632 per raw site $ 26,316 per acre Attached to this letter are four charts which were used in the analysis of the subject property. 1) Recent comparable sales chart for building site at one acre or less which reflect market values for single unit building sites. ' 2) Current listings of similar building sites in the area as an alter- native to the prospective purchasers. 3) Recent sales of large tracts of land similar to the subject's which could be used for development purposes. Also listed are two current listings, one nearly adjacent to the subject (Uardwell) and another very comparable being the Droste Property on Red Hountain. 4) A preliminary development program which lists direct expenses, ,in- direct e}~enses, developer's profit reflecting net value of the subject property. James J. Mollica [.\ssorlatrs.lnr. Real Estate Appraisers and Consultants ,-.., ,r-" October 17, 1977 Oates-Nahoney Narolt Ranch Page Three If I can be or further assistance in the application or interpretation of the fi~dings contained in this letter I will be available to meet with both parties upon your request. Thank you for this opportunity to be oI service. I hereby certify that I have no present or future contemplated interest in the subject property; that to the best of my knm.rleclge the information con- tained herein is true and accurate; that BY fee is not based upon the valua- tion stated herein. Respectfully submitted, ~--., .. ( ) -', u::::;:;;?; -- / , ' -'. - ---...r7. / ,/ ".~., \.// Yi~,_.- h am~~/; Hollica, R>1 I ' . I' Real state Appraiser JJ}1; sfy James 1 Mollicil (r ,\sso('lal~& 11Il'. Real Estate Appraisers and Consultants S'~::::Ji...i"t.:'):1 --"-- 2:,,:= ;'~::?~:"i. Co. 2:-.:!- As?~:1. Co. 2:-.~ As??n Co. ?.;~~~,!:~~nR~d 2:-~::i /~si"~:i. Co. 2::'5. AS?en Co. 2;;:' ;'.S?,:':1 Co. 2:'".1 ;'.s?=n Co. 2,,0. }.$?E:n Co. 2;')..:' .~.S?i;:;;"'.. Co. 2".:' AS?<:':1 Co. L::d A$;>:::1. Co. !::.~ 1) 14 16 23 3 9 10 11 12 1 S~~1~vi~i0:1 Let ~iC3~ of Red 1 Y..:l~;.\:i3.i:l. Cas~le C~e~~ 6 St'ar:.;oo:1 R-34 Sta~~ooc. R-lca Re::. :&:'~':n. 'l'rect ~,ch III .$;:a:::-.:::>oa R-23 Red ~:n. ~r~c;: II S..ancQ. z U:: t. }~=oo~ Cre~~ X & B R::=~:\g.:o~~...,. ~_ ..l.l':l...",r c..... S1.:.~divistc:\ C23tl~ Cre~~->: E".l.:ce:";:-:::"l~ C2.:;t:le C~E.'",;.e. ~":.i.:;~hor5e s?::..:1gs Ces;:l~ C::2e~~ S!J.~-;::,.:n;"::1nk * 1,: _ ........t...: 'S :,e.~...:r ... .~ 1..:,: ':" ~i.: i t:r }1 & B ( R:::Cr::i'f C():~,';\;::':'.!.I': SM.!':S (1. /,c~.l: ~I:~d t.:nr.!c.:) ,~ I Pde,; Si:~(;:~; !~..s.::. 1\./76 $ 73,500 U/7O 77.0~O 5/77 LOO.000 3177 90.000 3/77 90,OeO 5/77 100,000 3177 U176 90,000 eo.ooo 2 11/7 6 80.000 11/76 125,000 11176 125.0eO 6/77 125,000 3 .3] ac 222,727/oc .33 233,333 .5 200,000 .74 121,621 .75 120.000 .75 133.333 .75 .75 120,000 106,606 .75 106,666 1 ac 12S,OCO 1 1 125,000 125,000 REC:::~l CO~2A?~;r.U: SALES (1 t;o 5 Acres) ~ P::ic~ ~!: Per Ac~e ( '..~,. ~':.~ :.:.~ $. H, E* S, '.-t, E. S. H, E S. l';. E S, W, E S, l-l. r: S. \01, E. S, H. r: S. H. t S, W, E S, t-l. E s ~ 1~, t. P.,::C'd ~~~ 319/630 319/635 3271506 3Z6/l,Sl Nip, 327/50r+- t-l/R 319/620 319/625 N/R ?:l/R 3321327 4/77 $ 86,600 1.28 ac $67.656/0c pl=ilities Deed Recocds. 5177 110.COO 2 55.000 8/77 107.500 2.8 33.392 U.C. 8/77 125.000 2.879 43.417 U.C. 11175 95',000 4.52 21.013 7/76 120.000 4.59 26.1'3 3/77 119,000 4.8 24,792 8/77 73.000 5 15,600 U.C. 7177 U.C. 235,000 2.7 87,037 RECE$T CO:-2A:l\Sr.r:: SALES (5 co 20 Acrt:!s) ~ ~ ~~~ $71.500 5.146 ec $13.81~/4c 105,000 5.68 18,485 128.000 10 12,800 Lot: ~ :'1' 6: B 12/76 1-1 & B 5/77 'X &. B 8/77 U.C.. H & J'\ 10/75 t-~ ~. '3 H t. B :;f?,. ::c' ~ y_:t :t~t.:"::t!,~d 1/71 15.0,000 HO.OOO 10 It...aoo 15 10.000 ",363 5/70 70.000 ;\1.l :;'\~.'.: :l'~'~.L: h:i::i ::..:;.;: l' -' t':;, \!~'; ! 1 )" 11 S. >T. P 326/903 S. H, E 329/389 ~1. E N/R >T. E 333/381 II. E, 306/513 >T, E 314/211 W. E, 326/512 ". E l'/R. S. H. E 'N/R y::i t~i.es ~ed R..eco'cds E* 3221305 E 3213/294 E N/i?. II, E 304/807 E 333/3!.O E 3.111936 i'.',j" :'~'(':'.';:" ;'1,d/.,to t.,:::.,t".:":~}",, 1'1 I fh' t r;'ll!~,I':1 r'~>n. !\~~::,,:.,:tV\! b:! ;'l_'lI. ic. ;l:d ,." JnmeSl Jlollicil It ASSOfltlle~ IiK, Real Estate Appraisers and Consultants \ \ ~, CUR...1'{ENT LISTINGS ~, ( As of 8/1U/77, Aspen Hultiple Listing Book) Sv.od:L,jision Lot Price Sizes Per Acre Utilities -- 2nd Aspen Co. 14 $130,000 .33 ac $393,939/ac S, \v, EJ. " \<1. Butte:cm~lk 1'1 & B 105,000 5.286 19,864 E Haroon Creek 1-1 & B 127,500 5 25,500 H, E Heedo,.;-ood Lot 8 117,500 .7 167,857 S, \-1, E Elk 3 Eil 3 Heedm.;-ood Lot 11 120,000 .6 200,000 S, H, E Blk 3 Fil 1 Red Hou,.'"1tein 1-1 & B 70,000 .97 72,165 E Red Hov.ntain Lot 8 95,000 .765 124,183 S, VI, F. Ranch Elk 4 Red Eountain Lot 7 105,000 ,.85 123,529 H E , -Ranch Elk 1 Red Hountain Lot 8 HO,OOO 3 36,666 S . \oJ, E , 'Ranch Blk 3 Red I-fountain Lot 4 150,000 2.5 60,000 S., \oJ, E , Ranch Blk 3 Ridge of Red 26 90,000 .7 128,571 S, H, E Hou,.---.tain Red Hountain 8-A 75,000 1.205 62,2,41 H, E Rido-e of Red 29 105,000 .76 138,158 S, H, E ' C> >}~oun,tain StaD-lOod R-71 125,000 2.26 55,309 H, E Star,'lOod R-55 128 500 4.37 29,405 ii, E , , Sten'lOod R-23A 149,600 4.03 37,122 W, E StarHood R-IOl 132,500 5.33 24,859 \~ ) E >', H - 'dater .s - seHer E - electricity James 1 Jlollica & \SSOfialrs.loc. Real- Estate ApPraisers and Consultants r"'\ ,-., . 0'> ,... .... -0 " .... ," "'0 ~-l r--- ..., ..... '" << ~ CJ 0 ~ ~ ~ ~ ~ ~ <n '-' <) ..... N 0 Z Z Z '" A " 00 ..... ..... '" 0) C') 0) -0 " " rJ "" " ~" >< '-,j c.'j 0 '" '" '" u-, C') :J f:~ 0 0 C> r--- N r--- "" co. ,"0 0 C') 0) -0 0) "" ,.., '-' '-' 0 .... 0'> '" ..... "" >< :::....-l' ,.'") 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ESTINATED DEVELOP?:fE~T PROGP~A}l* ' Gross Sales Price Per Lot: $90,000 x 19 2-acre sites under AF-2 P.U.D. = $1,710,000 Estimated Development Cost Direct Expenses Road: 2640' (18' paved) x $22/1ineal ft Hater line extension: 2640' (8" ,mter line) x $13/lineal 5 fire hydrants ($600/ea) Electric underground: $5.50/1inea1 it x 2640' Taxes: 1 yr development period, estimated Survey and engineering: (est. $500/10t) Total Estimated Direct Cost = $ 58,080 ft = 34,320 = 3,000 = 14,520 = : 1,000 = 9,500 $ 120,420 Indirect Expenses Management, supervlslon & overhead: (est. 10% of direct costs) Interest on development money (10% x $120,420, 1 yr period) Commissions: (10% x $1,710,000) Total Estimated Indirect Cost = $ 12,04.2 = 12,042 = 171,000 $ 195,084 Developer's Profit 20% of total sales price = .L 342,000 Summary , Gross Sales Price Per Lot $1,710,000 Estimated Development Cost: Direct: Indirect: Profit: $120,420 195,084 342,000 $657,504 ($ 657,504) $1,052,496 Indicated Value of Raw Land: $1,000,000 (Rounded) $ 52,632/raw lot $ 26,316/acre * Subject to change, depending on actual distance of roads and utilities, and zoning requirement changes. The Gross Sales Price is based on ' and average $90,000 per site. These values will vary based upon size and location of each site. James 1 Mollica ~\~sO\lalfS. me. Real Es;:ate Appraisers and Consultants ,-.., . James J. Mollicil & Associates, lfir. ~ Real Estate Appraisers and Consultants 'Aspen, Colorado Mason & MOfse Building. 315 East Hyman Avenue. Suite 209 Aspen, Cotorado816t 1 .303/925.8987 QUALEICATIOliS OF APPRAISER J28es J. Nolli.ca R2sidential Her1ber (R.~'L) Designation of the American Ins::itute of Real Estate Appraisers, 1976 Lic.ensed Real Estate Broker in the State of Colorado He:uber of Aspen Board of Rea.ltors Nembar of Na.tional Assoc.iationoi the Board of Realtor's Instructor University of Colorado Continuing Education Division EDUCATION Business and Advertising, B-3J,. Ohio University Real Estate LaiJ, Ohio University Course I-A, l~erican Institute of Real Estate Appraisers Course 8, P~aric2n Institute of Real Estate l~p~aisers Course 201~ Society of Real Estate App~aisers Course 2, A~erican Institute of Real Estate Appraisers BACKGROU",--n AND EXPERIENCE Incorporated JaQes J. }lollica & Associates, Inc., February 1977 Independent Fee Appraiser a~d Real Estate Brok2r~ associated with ~rason& Morse, January 1974 to present. Appraiser Intern - Assoc.iated Consultants and Appraisers,. Inc~~ June 1972 through NoveQber 1973. COilstruction~ Deffett C08?9.n.ies~ ohio (during college) }L~JOR CLIENTS SERVED As?en Highlands Ski Corp. Aspen Industrial Bank Aspen Savings and Loan Association Bank. of Aspen Bank of Sno~vmass City of Aspen County of Pitkin First National Bank. of Aspen First Hestern Hortgage Corp. Holland & Hart, Attorneys Hajestic Savings and Loan Oates, Austin, BcGrath, Attorneys TYPES OF PROPERTY APP?~~ISED COl!llnercial CondominiuBs Lodges Rsr.ches Res~idential Vacant Land PURPOSES OF APPP.AISALS ...lI...cquisition Condemnation Estate Planning Exchange Insuranc.e Liquidation Hortgag,e P2.rtition Sales TEX Pl?_nning /11\ James J. Mollica, R.M. ....___.,' Appraiser-Consultant r-, December 16, 1976 Dear Bill" I know you are in a time crunch, but before you correspond with Keith Oswald I wanted to bless your busy schedule with one more "creative" idea. :Perhaps you will have a moment or two to think about it on the plane to Washington. On Sheet #3 of the latest drawings we submitted to you, Michael's graphics indicate how the building could be set on the site. It is obvious that (if allowed), a sizeable amount of basement space could be de- veloped without major change to the site plan, or to the post office for its central processing and distribution. (You remem- ber that we touched on this idea briefly in one of our conver- sations) . We can assume then, that the post office may be interested in buying or leasing branch space in the Trueman Center and in the City Market block. The idea may be appealing to them be- cause it reduces their space requirements in two highly expen- sive in-town locations, and it places the bulk of their square footage requirements in an area where their costs could be re- duced dramatically. It is conceivable, Bill, that we could offer them the basement space under the West End building on a cost plus basis which could reduce their presently planned capital expenditure by 25 to 30% or more. We, of course, don't know how this plan would affect their yearly operating expenses. At this point in time, talk is the cheapest approach. Per- haps Mr. Oswald would consider discussing the idea more thor- oughly and ultimately run a few numbers to check out feasability. Have a good trip, ~..::..- ~ JIM ADAMS JA;mn 1"""'\ .-- ) ~ A" ~ L Y{~~rv j ~ ~.? ( J' "-..,:.:J "< I s-.- i' 1 z o 1:;' ~ ~ i III ~ F'ROP"~r(" 5lTlS 5CCTION , ..., <50""5 M1C"""",- GA_"",," ~m<c.T , ' ~7"\O ' '" , ~.!::<. o:>u::>ro:A!X> b1<.oll ~''''='~!3> ' ~.JECT WEST END NEIGHBORHO:::>O CENTErs. 5'-l=ET No. 5 NOV,;)O, J<:};t.o -- ~ d' "="'."'_..,___,.""""'""W""'_"~.~"' J 'Adams Box 744 Aspen, Colorado 81611 December 10, 1976 Bill Kane City-County Planning Director Aspen/Pitkin County Aspen, Colorado 81611 Dear Bill, A few days ago I discussed the West End Neighborhood Center proposal with Stacey. His major concerns parallel yours almost identically. They are as follows: 1. A concern for the visual impact on the entrance area to Aspen. 2. A concern for the impact of commercial activity in a area predominatly residential and open space. 3. A concern that the West End Center will induce major commercial core service facilities to move out of central Aspen. 4. A concern for balancing neighborhood commercial facilities to Neighborhood Service Areas. 5. A concern for Project Timing. The above questions pose reasonable and appropriate concerns, and as a semi-professional observer and participant in long-term public-private efforts to solve community con- gestion problems, I offer the following as my best shot: 1. VISUAL IMPACT_ ENTRANCE AREA - There is probably not a more sensitive area in the whole Aspen area cqmplex. However, the proposed site is, perhaps, the most ideal lo~ cation in the West End. The site is very close to two major West End highway intersections, almost adjacent to the traffic light at Cemetary Lane and Highway 82, and central to the West End Service Area. The building and parking can be screened from almost every view plane on the approach to Aspen as is evident on Sheet No.2 and 3, (attached). A mannatory site inspection will verify this position. 2. COMMERCIAL ACTIVITY IN RESIDENTIAL AND OPEN SPACE AREA The site is the key to minimizing the impacts of commercial activity on the surrounding area. The property is bounded on the North by Highway 82 and Castle Creek Bridge, on the West by City owned open space, (Thomas Property), on the East by a steep drop-off into Castle Creek and on the South by a poten- tial future highway approach into Aspen on Main Street. If the ,~ ,-.." Page Two City were to enter into an agreement with the owner with an option to acquire future right of way on the souths ide of the site, the threat of expanded development pressures would be virtually non-existant. 3. EXODUS OF COMMERCIAL SERVICES FROM CORE AREA - When the Neighborhood Center concept was discussed and adopted by Aspen Planning & Zoning Commission in the early 70's, I can remember that one of the major goals was NOT to encourage a mass exodus of basic services out of the core area. As I read the present reconstructed Neighborhood Commercial Regu- lation, the size and allowable use restrictions really en- courage the development of comparatively small branch facil- ities, tailored in size and level of service to a very specific Neighborhood Service Area. The intent of the original Aspen Three Area Neighborhood concept envisioned the town and out- lying subdivisions being divided into three fairly specific service areas, each served by a Convenience Center inbalance with the daily service demands of the neighborhood. The major goal,of course, is to provide relief from the crush of auto trips which now funnel into town from the northside, eastside and West End of the City on basic daily shopping trips. My theory is that the sooner the three service area lines are drawn and defined, (i.e., eastside, westside, northside), the more inbalance each of the extended Service Centers will de- velop. If given the opportunity, central area businesses will be able to plan their branch extensions more intelligently and the risk of one Center developing far out of proportion to the area it is designed to serve would be minimized dramatically. I also believe that if no immediate steps are taken to encour- age implementation of the three area concept the community may experience a very undesireable chain of events. The North Mill Street project is destined to become our Regional Shop- ping Center. The project has been allowed enough retail space allocation to encourage a substantial core area exodus and, once established, it will probably cause the erosion of resi- dent oriented services in the core area and the City Market block. The new proposed single central post office, combined with a large grocery at North Mill, will ensure the Center's success. Traffic from East, West, North and South,. wilLcon-", stantly converge on that point. In a few years the demand will be to enlarge the Center. The die will be cast for years and our fight to relieve downtown Aspen from automobile pressure and blight will have experienced a major setback. I really believe that if the City were to give substantial encouragement NOW to the three area concept, present trends could, very surely, be reversed. 4. A BALANCE OF NEIGHBORHOOD CENTERS TO SERVICE AREAS There is a rule of thumb formula which appears to be acceptable in urban areas and could reasonably be applied locally. For everyone hundred dwelling units, one thousand square feet of - - Page Three retail space should be available. By checking the present dwelling unit count, (with a potential growth adjustment), Aspen's total service area can realistically support three reasonably sized Neighborhood Centers, and if the complete range of basic services were available to each one of them, they would, in fact, encourage a' positive.. change in traffic patterns, quite different from those which will be created by a single regional mid-town service center. Snowmass cer- tainly has enough units to support a Neighborhood Center and at this point, a developer with County encouragement can make it happen. For the next few years Woody Creek will not have the base or the proper mix of dwelling units to support any- thing more than the present store and small post office. The attached sheet No. I delineates the West End Service Area. 5. PROJECT TIMING- for the fo llowing reasons, NOW seems to be the most appropriate and proper time to allow the West End facility to happen. If the ,North Mill Street Center is allowed to develop and establish an image as the only com- plete one stop marketplace in town, future attempts to en- courage a West End development or to revitalize a sagging East End facility, (City Market block), will probably fail. The competition will be much too great. "One Stop" is the key to the Neighborhood concept and without reasonable competition from other Centers, Mill Street will become a regional success. Every high volume traffic generating service will be clustered in one location with on site parking; grocery; post office; gas station; banking, etc.. I believe that the extension of services in the three area concept can only be effective if two important decisions are made. With or without delivery service, post office planners must be asked to seriously con- sider establishing branches in East and West Aspen. All three Neighborhood Centers must have the opportunity to develOp sim- ultaneously as "One Stop" full service Convenience Centers. The grocery and post office facility are, of course, the two most basic ingredients for success. I know of no other more effective way to use the concept as a major tool in the battle to de-congest central Aspen. For your information I am sending a copy of this letter to Mr. Albert Peter, Jr., Head Facilities Director, U.S. Postal Service, San Bruno, California, and, at your request, to Mr. Keith Oswald, U.S. Postal Service, San Francisco. Sincerely, 4~ HcL~ JIM ADAMS cc: Mayor Stacey Standley Mr. Albert A. Peter, Jr. Facilities Director U.S. Postal Service Mr. Keith Oswald Real Estate and Bldg. Dept. U.S. Postal Servi< Enclosures JA:mn '-"', ~ Jim Adams Box 744 Aspen, Colorado 81611 December 10, 1976 Mr. Albert A. Peter, Jr. Regional Director Real Estate and Buildings Department U.S. Postal Service San Bruno, California 94099 Dear Mr. Peter, I appreciated the opportunity to talk with you by phone Friday, afternoon, December 6th. I hope my proposal can offer the U.S. Postal Service a more comprehensive approach in helping to solve a portion of Aspen's complex service and auto congestion problems. As you know, I am proposing to develop an Aspen Westend Neighborhood Convenience Center. If it is implemented in reasonable time, I really believe that it will create a con- structive balance in future in town resident/tourist movement patterns. The CAR is damaging our atmosphere and the city's environment is much too sensitive and vulnerable to endure too many wrong decisions concerning where and how we locate our goods and service facilities. I think that there is still time to encourage successful coordinated effort in the im- prqvement of Aspen's quality level. Two Neighborhood Service Center locations have already been designated by the City. One is the present City Market block, and the other, as you know, is the planned North Mill Street Center on the Trueman Property. My argument for a third Westside Center is explained in an attached letter to City/County Planner, Bill Kane and Mayor Stacey Standley. Attached to the letter are two maps showing the general Westend Neighborhood Service Area with dwelling unit counts and the site location of the proposed project. The third sheet reflects an artists rendering of conceptual placement of the building on site. The large map in the packet is, of course, the General Aspen Area Map outlining ski areas, roadways, subdivisions and other facilities between East Aspen and Snowmass Village. In my talks with the City people there appears to be con- siderable interest in how your office will react to the Westend proposal. The Westend Service area is made up almost totally of year around permanent residents. If a modest post office branch were to be established in conjunction with the other services listed on Sheet 1, our survey information indicates r-, ~, Page Two that the Westend operation could reduce the daily flow of basic shopping trips into the center of town by 20 to 30 percent. I have been asked to contact you in order to open a line of communication on elements of this proposal which we hope could benefit your service as much as the Aspen Community. With City approval we may be in a position to offer you some financial incentive to participate in the project. We hope that you will agree to involve the Postal Service in further discussion and evaluation of the Aspen Three Area Neighborhood Concept. Sincerely, _\~.:-. P\ eo\-<~~~ JIM ADAMS cc: Bill Kane Aspen City/County Planner Mr. Keith Oswald Real Estate & Building Dept. 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